HomeMy WebLinkAbout03-06-2024 MCC Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
SPECIAL AND REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE
REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, MARCH 06, 2024
5:00 PM SPECIAL MEETING 7:00 PM REGULAR MEETING
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles A. Montoya
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
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Select the corresponding year and meeting date folders to view documents.
Mayor and City Council of the City of San Bernardino Page 2
5:00 P.M.
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
Chief Deputy City Clerk Telicia Lopez
INVOCATION AND PLEDGE OF ALLEGIANCE
PUBLIC COMMENT FOR SPECIAL MEETING ITEMS ONLY
CITY MANAGER UPDATE
PRESENTATIONS
1.Presentation of the 202324 Mr. and Miss Cardinal City San Bernardino High School
Court p.15
CONSENT CALENDAR
2.Review of Administrative Budget Transfers (All Wards) p.16
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
review and file all listed administrative budget transfers from July 1, 2023 through December
31, 2023.
3.Approving Job Classifications and Amending the Citywide Salary Schedule p.19
Recommendation:
It is recommended that the Mayor and City Council adopt Resolution No. 2024037 of the
Mayor and City Council of the City of San Bernardino, California:
1.Amending the Director of Animal Services (U) salary.
2.Amending the Shelter Veterinarian salary;
3.Establishing the Homeless Solutions Manager job classification;
4.Establishing the Homeless Services Assistant job classification;
5.Authorizing the City Manager or their designee to add two (2) FTE for Fiscal
Year 2023/24;
6.Amending the CityWide Salary Schedule for full time, parttime, temporary, and
seasonal positions
Mayor and City Council of the City of San Bernardino Page 3
4.TPX Wide Area Network (WAN) Relocation from 300N “D” Street Basement to 201B
N “E” Street p.36
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
authorize the City Manager to approve the Service Agreement with TPX to relocate the Wide
Area Network (WAN) Circuits from 300 N ”D” Street basement to 201B N ”E” Street 3rd floor
computer room in preparation for the City Hall Building Renovation Project.
5.California Library Connect Grant Award Recognition (Ward 1) p.72
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1.Adopt Resolution No. 2024039 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance & Management
Services to amend and appropriate the $19,709.06 California Library Connect
Grant Award in both revenues and expenditures to the Fiscal Year 20232024
Operating Budget; and
2.Approve the purchase of a new Juniper MX204 router or equivalent from CENIC,
as described in the grant application.
6.Application and Acceptance of Lunch at the Library Grant Award (All Wards) p.98
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024038 of the Mayor and City Council of the City of San Bernardino,
California authorizing the Director of Finance & Management Services to amend and
appropriate $8,900 in both revenues and expenditures to the Fiscal Year 2023 – 2024
Operating Budget.
7.Budget Amendment FY 24, Recreation and Community Services for the
Sponsorship of the 2024 Lunar New Year ($38,450.00) in Revenue and Expense
budget allocations p.172
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024040 authorizing the Director of Finance to amend the FY2023/24
the budget in revenue and expenditures by $38,450 for the sponsorship payments received
to support the Lunar New Year Event.
8.Budget Amendment FY 24, Recreation and Community Services for the CSUSB
Reservation payment and NCAA invoice payment ($92,780) in Revenue and Expense
budget allocations p.184
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024041 authorizing the Director of Finance and Administrative
Services to approve the revenue and expense budget allocations of $92,780 respectively for
the payment of the California State University San Bernardino (CSUSB) field and facility
reservation for Fiscalini Field 20182023 seasons ($87,500) and the 2023 season NCAA
World Series Tournament ($5,280).
Mayor and City Council of the City of San Bernardino Page 4
9.Agreement with FileOnQ Incorporated, and Issue a Purchase Order (All Wards) p.209
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize:
1.The City Manager or designee to execute a Professional Services Agreement
with FileOnQ Incorporated.
2.The Director of Finance and Management Services to issue a purchase order to
FileOnQ Incorporated in an amount not to exceed $253,153.84.
10.Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for
Seccombe Lake Park Design Services (Ward 1) p.239
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Approve Amendment No. 1 to the Agreement with RHA Landscape Architects
–Planners Inc. in the amount of $26,000 for Nicholson Neighborhood Park
Improvements (Project); and
2.Authorize project contingencies in the total amount of $27,000 for design of
the Project; and
3.Authorize the City Manager or designee to execute all documents with RHA
Landscape Architects – Planners Inc.; and
4.Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
5.Renew the term of the agreement to September 21, 2024.
6.If necessary, authorize the City Manager to renew the term of the agreement for
up to two additional oneyear terms.
11.Amendment No. 1 to Agreement with IDS Group Inc. for Speicher Memorial Park
Design Services (Ward 2) p.330
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Approve Amendment No. 1 to the Agreement with IDS Group Inc. in the
amount of $209,179 for Speicher Memorial Park Improvements (Project); and
2.Authorize the project contingencies in the total amount of $39,000 for design of
the Project; and
3.Authorize the City Manager or designee to execute all documents with IDS
Group, Inc.; and
4.Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
12.Arrowhead Grove Phase IV Affordable Housing Project Conditional Funding
Commitment (Ward 2) p.406
Recommendation:
It is Recommended that the Mayor and City Council of San Bernardino, California
1.Adopt Resolution No. 2024036 of the Mayor and City Council of the CIty of San
Bernardino, California, approving a Conditional Funding Commitment for Arrowhead
Grove Phase IV, and affordable housing project; and
2.Authorize the City Manager, or designee, to take any further actions and execute any
further agreements or documents as necessary including minor and substantive
changes.
Mayor and City Council of the City of San Bernardino Page 5
13.Approve Professional Agreement for Motel Voucher Program (All Wards) p.444
Recommendation:
It is Recommended that the Mayor and City Council of San Bernardino, California
1.Approve the Professional Service Agreement with Anand Patel (PaAn, Inc.,
Namaste Sitiye Inc., and SB Hotel North LLC) for the provision of motel rooms
ranging from 55 rooms (minimum) to 121 rooms (maximum) for a total amount
not to exceed $2,751,840 and for a term beginning March 11, 2024, through
March 10, 2025; and
2.Reallocate unspent Permanent Local Housing Allocation (PLHA) funds to the
Motel Voucher Program in the amount of $327,591; and
3.Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents as necessary to effectuate the
implementation of the Motel Voucher Program.
14.Accept 2022 Homeland Security Grant (All Wards) p.602
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
Adopt Resolution No 2024042:
1.Authorizing the acceptance of the 2022 Homeland Security Grant Program
funds and
2.Amending the Fiscal Year 2023/24 Adopted Budget revenue and expenditures
by $38,521
15.Round Two American Rescue Plan ActFunded Small Business Grant Program (All
Wards) p.638
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
approve the remaining $425,000 for small business grants of $2,500 and $5,000.
16.Amendment No. 4 to the Lease Agreement with Vanir Tower Building Inc. (Ward 1)
Recommendation: p.663
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the City Manager to execute Amendment No. 4 to the Lease Agreement with Vanir
Tower Building, Inc., for 290 North D Street, San Bernardino, California; increasing the rental
space to include Suite 101B, extending the Lease Agreement through June 30, 2026, and
authorizing the Director of Finance and Management Services to amend the FY 2023/24
Operating Budget in the amount of $139,736 to support the costs associated with
increasing the rental space with Vanir Tower Building, Inc.
CLOSED SESSION
A) Closed Session p.673
Recommendation:
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure
to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC 0065668
CLOSED SESSION REPORT
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on March 6, 2024,
at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California
92401. Open Session will begin at 7:00 p.m.
Mayor and City Council of the City of San Bernardino Page 6
7:00 P.M.
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L. Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
Chief Deputy City Clerk Telicia Lopez
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
1.Adoption of Ordinance No. MC1627 Approving Development Code Amendment 24
01 (20212029 Housing Element) p.674
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Ordinance No. MC1627 approving Development Code Amendment 2401 changing
the Zoning District Classification of specific parcels to meet the City’s Regional House
Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report
(SCH No. 2004111132).
2.Adoption of Ordinance No. MC1629 Approving Development Code Amendment 23
03 (Density Bonus) p.684
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Ordinance No. MC1629 approving Development Code Amendment 2303 amending
Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San
Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus
section in compliance with State law; and finding that Development Code Amendment 2303
is exempt from review under the California Environmental Quality Act.
PUBLIC HEARING
3.Resolution Approving Street Vacation (15.30440) of a Portion along 9th Street and
Tippecanoe Avenue and Reservation of Utilities Therein (Ward 1) p.719
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024053 of the Mayor and City Council of the City of San Bernardino,
California, approving the vacation of a portion along 9th Street and Tippecanoe Avenue, and
reservation of utilities therein.
Mayor and City Council of the City of San Bernardino Page 7
4.Resolution Approving Street Vacation (15.30437) of a Portion of Harris Street
Between North “I” Street and “J” Street and South of West 9th Street and
Reservation of Utilities Therein (Ward 1) p.737
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024051 of the Mayor and City Council of the City of San Bernardino,
California, approving the vacation of a portion of Harris Street between North “I” Street and
“J” Street and south of West 9th Street, and reservation of utilities therein.
5.Resolution Approving Street Vacation (15.30439) of a Portion Broadway Avenue
East of N “J” Street and North of Main Street and Reservation of Utilities Therein
(Ward 1) p.753
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024052 of the Mayor and City Council of the City of San Bernardino,
California, approving the vacation of a portion Broadway Avenue East of N “J” Street and
North of Main Street, and reservation of utilities therein.
6.Public Hearing on Annexation No. 39 to Community Facilities District 20191 (Ward 1)
Recommendation: p.769
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Hold a Public Hearing; and
2.Adopt Resolution No. 2024043 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation No.
39); and
3.Hold a special landowner election and canvass the election; and
4.Adopt Resolution No. 2024044 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019 1 (Maintenance Services) (Annexation No. 39); and
5.Introduce, read by title only, and waive further reading of Ordinance No. MC1630 of
the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year
20232024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 20191
(Maintenance Services); and
6.Schedule the adoption of Ordinance No. MC1630 for March 20, 2024.
Mayor and City Council of the City of San Bernardino Page 8
7.Public Hearing on Annexation No. 40 to Community Facilities District 20191 (Ward 5)
Recommendation: p. 827
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Hold a Public Hearing; and
2.Adopt Resolution No. 2024045 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation No.
40); and
3.Hold a special landowner election and canvass the election; and
4.Adopt Resolution No. 2024046 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019 1 (Maintenance Services) (Annexation No. 40); and
5.Introduce, read by title only, and waive further reading of Ordinance No. MC1631 of
the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year
20232024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 20191
(Maintenance Services); and
6.Schedule the adoption of Ordinance No. MC1631 for March 20, 2024.
8.Public Hearing on Annexation No. 41 to Community Facilities District 20191 (Ward 1)
Recommendation: p.881
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Hold a Public Hearing; and
2.Adopt Resolution No. 2024047 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation No.
41); and
3.Hold a special landowner election and canvass the election; and
4.Adopt Resolution No. 2024048 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019 1 (Maintenance Services) (Annexation No. 41); and
5.Introduce, read by title only, and waive further reading of Ordinance No. MC1632 of
the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year
20232024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 20191
(Maintenance Services); and
6.Schedule the adoption of Ordinance No. MC1632 for March 20, 2024.
Mayor and City Council of the City of San Bernardino Page 9
9.Public Hearing on Annexation No. 38 to Community Facilities District 20191 (Ward 1)
Recommendation: p. 946
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Hold a Public Hearing; and
2.Adopt Resolution No. 2024049 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation No.
38); and
3.Hold a special landowner election and canvass the election; and
4.Adopt Resolution No. 2024050 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 2019 1 (Maintenance Services) (Annexation No. 38); and
5.Introduce, read by title only, and waive further reading of Ordinance No. MC1633 of
the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC1522 and levying special taxes to be collected during Fiscal
Year 20232024 to pay annual costs of the maintenance and servicing of
landscaping, lighting, water quality improvements, graffiti, streets, street sweeping,
parks and trail maintenance, a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 20191 (Maintenance Services); and
6.Schedule the adoption of Ordinance No. MC1633 for March 20, 2024.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on March 20,
2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino,
California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00
p.m.
Mayor and City Council of the City of San Bernardino Page 10
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the March 6, 2024, Special and Regular Meeting of the Mayor and City
Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment
Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino,
California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino,
California, and on the City's website sbcity.org on March 1, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 11
NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may
address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21,
2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before
beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed ( 3) minutes, to provide testimony during each
public hearing.
Mayor and City Council of the City of San Bernardino Page 12
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless such time
limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the
City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency may refer any item raised by the public to staff, or to any
commission, board, bureau, or committee for appropriate action or have the item placed on the
next agenda of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor
discussion held by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency on any item which does not appear on the
agenda unless the action is otherwise authorized in accordance with the provisions of
subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has
been conducted and closed.
ALTERNATE MEETING VIEWING METHOD:
If there are issues with the main live stream for the Mayor and City Council you may view the
alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
Mayor and City Council of the City of San Bernardino Page 13
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Friday, March 1, 2024
SUBJECT: Special Meeting on Wednesday, March 6, 2024
NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and
City Council of the City of San Bernardino, has called a Special Meeting for Wednesday,
March 6, 2024, at 5:00 p.m.
Said meeting shall be for the purpose of considering the following:
PRESENTATIONS
1. Presentation of the 202324 Mr. and Miss Cardinal City San Bernardino High
School Court.
CONSENT CALENDAR
Item Nos. 216
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant
exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668
CLOSED SESSION REPORT
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency will adjourn to the Regular meeting to be held on
March 6, 2024, at the Feldheym Central Library, 555 West Sixth Street, San Bernardino
92401. Open Session will begin at 7:00 p.m.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 14
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments
received up to 3:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be
provided to the Mayor and City council and made part of the meeting record. They will not be
read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the
publication of the final agenda until the deadline to submit public comments. Please contact the
City Clerk at 9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair
decides the cutoff time for public comment, and the time may vary per meeting. If you wish to
submit your speaker slip in advance of the meeting, please submit your request to speak
using the form on the following page: https://tinyurl.com/mccpubliccomments
3) REMOTE PARTICIPATION VIA ZOOM WILL BE FOR MAYOR AND CITY COUNCIL
PARTICIPATION ONLY
Until further notice remote public comment has been suspended.
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Presentation of the 2023-24 Mr. and Miss Cardinal City
San Bernardino High School Court
Packet Page. 15
1
8
9
1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Barbara Whitehorn, Director of Finance and Management
Services
Department:Finance
Subject:Review of Administrative Budget Transfers (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and file all listed administrative budget transfers from July 1, 2023
through December 31, 2023.
Executive Summary
The report summarizes any administrative transfers done internally from various
accounts. These transfers are department to department and are over $5,000
cumulatively. Staff reports these to the Council on a quarterly basis only if transfers
meeting this criterion are executed.
Background
On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568, which
amended Section 3.05.010 of the Municipal Code regarding budget transfers.
Specifically, the change to the ordinance removed the not-to-exceed amount of
$25,000 per budget transfer, authorized the Director of Finance to approve budget
transfers between a department’s personnel budget and operating budget; and
authorized the Director of Finance to approve transfers between departments. The
change also established that budget transfers shall not increase or decrease an
approved fund budget without council approval and requires that any cumulative
budget transfer amount greater than $5,000 between departments within a 12-month
period must be reported to the Mayor and City Council quarterly.
Packet Page. 16
1
8
9
1
Discussion
Budget transfers requests are received by Finance from departments to move funds
from one account to another after the adoption of the budget. Transfers occur when a
department needs to correct its adopted budget or to move funds to accommodate a
change in a department’s planned expenditures. When processing budget transfers,
Finance verifies that the transfer properly allocates resources based on the strategic
objectives and goals set forth by the Mayor and City Council and reflects the
community's priorities.
The table below lists the administrative transfers that have been processed that meet
the requirements according to Section 3.05.010 of the Municipal Code.
Date Department(s)Credit
(Decrease)
Debit
Increase
10/30/2023 CIP to Animal Services $(334,369.85) $334,369.85
12/14/2023 Public Works to Police $(2,017,242.00) $2,017,242.00
The transfer from Capital Improvement Projects to Animal Services was to repurpose
surplus funds from the completed design for the Animal Shelter to fund Animal Services
operations.
The transfer from Public Works to the Police Department was for the transfer of the
Redwood Citywide Security contract, the management of which was transferred from
Public Works to Police.
2021-2025 Strategic Targets and Goals
Authorization of this file and receive aligns with three of the adopted 2021-2025 Key
Strategic Targets and Goals. Finance reporting on departmental administrative budget
transfers completed within the quarter that meet the requirements of the Mayor and
City Council helps Improved Operational & Financial Capacity by effectively
creating a framework for spending decisions. Administering budget transfers meets
the Focused, Aligned Leadership and Unified Community goal by developing and
implementing a community engagement plan where the community and staff actively
adapt to ensure community needs are fulfilled. Improved Quality of Life is met by
ensuring that service levels are funded proactively to integrate customer-service
orientation and metrics into all City operations.
Fiscal Impact
There is no fiscal impact associated with budget transfers.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and file all listed administrative budget transfers from July 1, 2023
through December 31, 2023.
Packet Page. 17
1
8
9
1
Attachments
None
Ward:
All Wards
Synopsis of Previous Council Actions:
May 4, 2022 Mayor and City Council adopted Ordinance No. MC-
1568, amending section 3.05 on the Municipal Code.
December 1, 2021 Mayor and City Council heard the FY 2021/22 1st Quarter
Report; Adopted Resolution No. 2021-289 amending the
City of San Bernardino’s FY 2021/22 Operating Budget;
introduced, read by title only, and waived further reading
of Ordinance No. MC-1568, amending section 3.05 of the
Municipal Code pertaining to budget transfers.
Packet Page. 18
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Andrea Russell, Interim Director of Human Resources
Department:Human Resources & Risk Management
Subject:Approving Job Classifications and Amending the
City-wide Salary Schedule
Recommendation:
It is recommended that the Mayor and City Council adopt Resolution No. 2024-037 of
the Mayor and City Council of the City of San Bernardino, California:
1. Amending the Director of Animal Services (U) salary;
2. Amending the Shelter Veterinarian salary;
3. Establishing the Homeless Solutions Manager job classification;
4. Establishing the Homeless Services Assistant job classification;
5. Authorizing the City Manager or their designee to add two (2) FTE for Fiscal Year
2023/24;
6. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and
seasonal positions
Executive Summary
The salary adjustments for the Director of Animal Services (U) and Shelter Veterinarian
along with the creation of the Homeless Solutions Manager (U) and Homeless Services
Assistant will allow the City to be competitive in the labor market as well as better
address homelessness.
Background
As the City continues its efforts to meet its goal of improving service delivery, staff
recommends adding two (2) new classifications to the Community Development &
Housing Department. The creation of these positions will better position the
department to address the needs of the community and strategically accomplish Mayor
Packet Page. 19
and City Council initiatives specific to Homelessness.
Additionally, staff recommends adjusting the salaries of the Director of Animal Services
(U), and the Shelter Veterinarian.
Discussion
Director of Animal Services (U)
The Director of Animal Services (U) is responsible for managing, directing and
integrating the functions, programs, and activities of the Animal Services Department.
Responsibilities are broad in scope and involve highly sensitive and publicly visible
operations, projects and processes that require a high degree of policy, program and
administrative discretion and high ethical standards.
An internal compensation study was performed identifying City of San Bernardino
Director level classifications including Finance & Management Services, Community
Development & Housing, Economic Development, Human Resources & Risk
Management, Information Technology, Parks, Recreation, & Community Services, and
Public Works. Through this study it was determined that the Director of Animal
Services (U) salary is significantly below the average salary of comparable positions
within the City. It is recommended to raise the salary of the Director of Animal Services
(U) classification from Range 630 ($11,133.20 - $13,532.50/month) to Range 660
($12,930.24 - $15,716.25/month).
Shelter Veterinarian
Shelter Veterinarians perform a full range of professional veterinary medical services
that requires considerable independent judgement and competency in the care and
treatment of sheltered animals, such as screening, evaluating and diagnosing animal
health conditions, determining medical treatment, administering first aid and
performing a variety of surgical procedures.
The recruitment for Shelter Veterinarian in the Animal Services Department has not
yielded any qualified applicants. With the current shortage of Veterinarians in the
United States, the limited number of qualified applicants are being offered increased
compensation packages and perks by both municipalities and private organizations,
making the job market extremely competitive. This position is crucial in meeting the
Department’s veterinary medical needs in addition to serving the residents and their
pets. As such, staff is recommending increasing the salary range from 644 ($11,938.02
- $14,511.72/month) to Range 678 ($14,144.51 - $17,192.66/month).
Homeless Solutions Manager (U)
The Homeless Solutions Manager will be placed in the Management/Confidential Unit
and will provide guidance on homeless issues and the City's efforts to address and
reduce homelessness. Under general direction, this position directs, manages,
supervises, develops and coordinates homeless services and outreach activities in
partnership with other City Departments, local government agencies, law enforcement,
community stakeholders, and non-profit/community-based organizations.
Packet Page. 20
An external compensation study among local agencies with similar classifications was
conducted to determine the recommended salary for the Homeless Solutions
Manager. The average maximum salary among these agencies is $11,612.65. Based
on this study, the salary recommendation for this position is as follows:
Homeless Solutions Manager (U) – Range 601 ($9,634.04 – $11,710.55/monthly)
Homeless Services Assistant
The Homeless Services Assistant is a journey-level administrative support position
placed in the General Unit to assist in the performance of various tasks and projects
associated with Homeless Services. These tasks may include providing customer
services to call-ins and walk-ins of all levels of the community and the unhoused
population; providing general information to all stakeholders in the community
regarding homeless-related questions and or concerns; assisting in providing in-house
referrals to homeless seeking services; grant management, administering homeless
counts, data analysis, Continuum of Care planning, as well as routine clerical duties.
An internal study was performed identifying City of San Bernardino Administrative
Support classifications including Senior Office Assistant, Administrative Assistant,
Senior Administrative Assistant, and Executive Assistant. The duties and
responsibilities of the proposed classification are determined to be at the level of a
Senior Administrative Assistant. As a result of this study, the salary recommendation
for the Homeless Services Assistant is as follows:
Homeless Services Assistant – Range 420 ($3,996.70 - $4,857.89/monthly)
As changes are made to salaries or classifications, the City is required to adopt a
revised salary schedule in a public meeting. The attached salary schedule meets the
California Public Employees Retirement Systems (CalPERS) pay rate reporting
requirements in accordance with Government Code Section 20636 defining
“Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
2021-2025 Strategic Targets and Goals
The salary adjustments for the Director of Animal Services and Shelter Veterinarian
along with the creation of the Homeless Solutions Manager (U) and Homeless Services
Assistant aligns with Key Target No. 2: Focused, Aligned Leadership and Unified
Community by enabling the City to improve service delivery and function more
efficiently; and Key Target 2b: Focused, Aligned Leadership and Unified Community
by building a culture that attracts, retains, and motivates the highest quality of talent.
Fiscal Impact
The salary adjustments for the Director of Animal Services (U) and Shelter Veterinarian
would cost an additional $66,219 per fiscal year, which the Animal Services
Department has adequate funding for. The fiscal impact for the Homeless Solutions
Packet Page. 21
Manager (U) and Homeless Services Assistant would cost $266,947 per fiscal year.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2024-037 of
the Mayor and City Council of the City of San Bernardino, California:
1. Amending the Director of Animal Services (U) salary;
2. Amending the Shelter Veterinarian salary;
3. Establishing the Homeless Solutions Manager job classification;
4. Establishing the Homeless Services Assistant job classification;
5. Authorizing the City Manager or their designee to add two (2) FTE for Fiscal Year
2023/24;
6. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and
seasonal positions
Attachments
Attachment 1 Resolution 2024-037
Attachment 2 Resolution 2024-037 Exhibit A – City-wide Salary
Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
February 21, 2024 Mayor and City Council adopted Resolution No. 2024-XX
amending the City-wide salary schedule for full time, part-
time, temporary, and seasonal positions.
Packet Page. 22
Resolution No. 2024-037
Resolution 2024-037
March 6, 2024
Page 1 of 4
4
1
7
7
RESOLUTION NO. 2024-037
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.
AMENDING THE DIRECTOR OF ANIMAL SERVICES (U)
SALARY; 2. AMENDING THE SHELTER VETERINARIAN
SALARY; 3. ESTABLISHING THE HOMELESS
SOLUTIONS MANAGER (U) CLASSIFICATION; 4.
ESTABLISHING THE HOMELESS SERVICES ASSISTANT
CLASSIFICATION; 5. AUTHORIZING THE CITY
MANAGER TO ADD TWO (2) FULL TIME POSITIONS TO
FISCAL YEAR 2023/24; AND 6. AMENDING THE CITY-
WIDE SALARY SCHEDULE FOR FULL-TIME, PART-
TIME, TEMPORARY, AND SEASONAL POSITIONS
WHEREAS, through an internal compensation study, it was determined that the Director
of Animal Services (U) salary is significantly below the average salary of comparable positions
within the City; and
WHEREAS, with the current shortage of Veterinarians in the United States, the limited
number of qualified applicants are being offered increased compensation packages and perks by
both municipalities and private organizations, making the job market extremely competitive; and
WHEREAS, the City continues its efforts to meet its goal of improving service delivery,
staff recommends adding two (2) new classifications to the Community Development & Housing
Department; and
WHEREAS, the creation of these positions will better position the department to address
the needs of the community and strategically accomplish Mayor and City Council initiatives
specific to Homelessness; and
WHEREAS, the proposed Homeless Solutions Manager (U) will be an unclassified
position in the Management & Confidential group, responsible for directing, managing,
supervising, developing and coordinating homeless services and outreach activities in partnership
with other City Departments, local government agencies, law enforcement, community
stakeholders, and non-profit/community-based organizations; and
WHEREAS, the proposed Homeless Services Assistant will be an classified position in
the General Unit, responsible for performing various tasks and projects associated with Homeless
Services; and
WHEREAS, the salary schedule includes all adopted and approved classification and
salaries; and
WHEREAS the salary schedule meets the California Public Employees Retirement
Packet Page. 23
Resolution No. 2024-037
Resolution 2024-037
March 6, 2024
Page 2 of 4
4
1
7
7
Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section
20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The classification of Director of Animal Services (U), range 660, $12,930.24
- $15,716.25/monthly, attached hereto as Exhibit A is hereby approved.
SECTION 3. The classification of Shelter Veterinarian, range 678, $14,144.51 -
$17,192.66/monthly, attached hereto as Exhibit A is hereby approved.
SECTION 4. The classification of Homeless Solutions Manager (U), range 601, $9,634.04
- $11,710.55/monthly, attached hereto as Exhibit A is hereby established and approved.
SECTION 5. The classification of Homeless Services Assistant, range 420, $3,996.70 -
$4,857.89/monthly, attached hereto as Exhibit A is hereby established and approved.
SECTION 6. The City Manager or their designee is hereby authorized to add two (2) FTE
for Fiscal Year 23/24.
SECTION 7.The City-wide salary schedule for all City of San Bernardino’s
classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved.
SECTION 8.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 9.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
Packet Page. 24
Resolution No. 2024-037
Resolution 2024-037
March 6, 2024
Page 3 of 4
4
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7
7
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 25
Resolution No. 2024-037
Resolution 2024-037
March 6, 2024
Page 4 of 4
4
1
7
7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-037, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 26
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024 EXHIBIT A
City of San Bernardino
Salary Schedule
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30011
30012
10012
20013
10860
30017
30018
30030
30709
10081
10092
10093
10534
20457
10979
30140
30141
30092
20320
30130
20319
30119
00300
20620
30400
30894
10492
30271
50141
10644
30312
30168
10216
10104
10105
10106
10107
20169
PENDING
PENDING
00194
10060
10062
20250
30072
30073
ACCOUNTANT I (FLEX)
ACCOUNTANT II
ACCOUNTANT II ‐ PAYROLL
ACCOUNTANT III
465
485
485
520
608
399
419
437
400
464
410
430
420
484
535
411
424
370
526
370
478
370
381
468
452
500
583
430
P6
705
365
502
580
430
480
530
580
530
515
537
493
608
581
542
460
487
$5,001.98
$5,527.33
$5,401.95
$6,575.74
$9,976.33
$3,599.92
$3,976.75
$4,350.27
$3,617.65
$4,864.68
$3,716.48
$4,106.44
$3,906.04
$5,494.91
$6,931.44
$3,821.59
$4,077.61
$3,114.46
$6,775.07
$3,114.46
$5,333.23
$3,114.46
$2,969.00
$5,073.00
$4,688.31
$5,956.26
$8,806.47
$4,201.75
$23,765.30
$16,184.19
$3,037.98
$6,016.12
$8,676.49
$4,106.44
$5,268.72
$6,761.38
$8,676.49
$6,912.39
$6,273.93
$7,000.76
$5,190.00
$9,976.33
$8,719.81
$7,338.73
$4,878.95
$5,582.75
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
$6,080.40
$6,718.81
$6,566.40
$7,993.21
$12,126.50
$4,374.65
$4,833.51
$5,287.93
$4,396.82
$5,913.23
$4,516.97
$4,990.33
$4,747.69
$6,678.72
$8,425.18
$4,645.09
$4,956.53
$3,786.12
$8,235.73
$3,786.12
$6,482.71
$3,786.12
$3,608.00
$6,167.11
$5,699.13
$7,239.73
$10,704.25
$5,106.16
$23,765.30
$19,669.95
$3,693.02
$7,312.88
$10,546.10
$4,990.33
$6,403.92
$8,218.29
$10,546.10
$8,401.84
$7,625.78
$8,509.67
$6,308.00
$12,126.50
$10,598.09
$8,920.10
$5,930.77
$6,785.31
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
ACCOUNTING DIVISION MANAGER (U)
ACCOUNTING TECHNICIAN I (FLEX)
ACCOUNTING TECHNICIAN II
ACCOUNTING TECHNICIAN III
ADMINISTRATIVE ASSISTANT
ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)
ADMINISTRATIVE CLAIMS SPECIALIST
ADMINISTRATIVE SERVICES SUPERVISOR
ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
ANIMAL CONTROL OFFICER I (FLEX)
ANIMAL CONTROL OFFICER II
ANIMAL LICENSE INSPECTOR
ANIMAL SERVICES MANAGER
ANIMAL SERVICES REPRESENTATIVE
ANIMAL SERVICES SUPERVISOR
ANIMAL SHELTER ATTENDANT
APPRENTICE (PT)
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
NA
AQUATICS SUPERVISOR
ARBORIST
ASSESSMENT DISTRICT/REAL PROP SPECIALIST
ASSISTANT BUILDING OFFICIAL
ASSISTANT BUYER
MIDDLE MANAGEMENT
GENERAL
GENERAL
MANAGEMENT
GENERAL
ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT
EXECUTIVEASSISTANT CITY MANAGER (U)
ASSISTANT LITERACY PROGRAM COORDINATOR
ASSISTANT PLANNER (FLEX)
ASSISTANT TO THE CITY MANAGER (U)
ASSISTANT TO THE MAYOR I (U)
ASSISTANT TO THE MAYOR II (U)
ASSISTANT TO THE MAYOR III (U)
ASSISTANT TO THE MAYOR IV (U)
ASSOCIATE PLANNER
GENERAL
GENERAL
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
AUDITOR I
AUDITOR II
BACKGROUND INVESTIGATOR (PT)
BUDGET DIVISION MANAGER (U)
BUDGET OFFICER
BUILDING INSPECTION SUPERVISOR
BUILDING INSPECTOR I (FLEX)
BUILDING INSPECTOR II GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8
Packet Page. 27
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370
PENDING
10495
10273
30450
30455
10135
30135
30890
30120
10100
30754
20923
30821
20925
20504
30758
20781
30990
20424
10072
30604
30603
00605
20600
30602
00054
20616
30621
30222
30226
30227
30224
30100
10650
10654
09372
BUILDING INSPECTOR III
BUILDING OFFICIAL (U)
511
613
459
530
419
429
460
591
395
565
NA
$6,292.09
$10,228.72
$4,854.57
$6,912.39
$3,976.75
$4,180.69
$4,874.77
$9,165.01
$3,527.87
$8,050.39
$28,565.57
$10,590.00
$3,125.00
$27,083.33
$11,077.95
$10,591.59
$7,970.23
$4,437.83
$5,180.42
$5,321.79
$3,996.70
$4,549.77
$4,372.43
$9,586.38
$5,128.33
$7,869.18
$3,407.06
$5,605.65
$4,827.15
$4,138.57
$5,386.39
$4,372.43
$9,093.96
$5,998.80
$3,617.65
$5,752.33
$2,782.00
$5,662.13
$5,752.33
$2,782.00
$5,306.66
$3,083.43
$3,373.81
$3,545.61
$3,545.61
$3,373.81
$4,505.44
$5,538.44
$6,761.38
$15,785.57
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
$7,648.71
$12,431.96
$5,900.85
$8,401.84
$4,833.51
$5,080.67
$5,925.69
$11,140.78
$4,288.20
$9,785.69
$28,565.57
$12,873.00
$3,125.00
$27,083.33
$13,465.34
$12,873.91
$9,688.20
$5,394.33
$6,296.53
$6,468.91
$4,857.89
$5,530.66
$5,314.53
$11,652.05
$6,234.46
$9,564.61
$4,141.90
$6,813.83
$5,867.00
$5,030.79
$6,546.94
$5,314.53
$11,052.95
$7,291.06
$4,396.82
$6,991.46
$3,382.00
$6,882.49
$6,991.46
$3,382.00
$6,449.49
$3,748.43
$4,100.89
$4,310.37
$4,310.37
$4,100.89
$5,476.35
$6,732.13
$8,218.29
$19,186.84
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
MANAGEMENT
GENERALBUSINESS REGISTRATION INSPECTOR
BUSINESS REGISTRATION MANAGER
BUSINESS REGISTRATION REPRESENTATIVE I
BUSINESS REGISTRATION REPRESENTATIVE II
BUYER
CAPITAL IMPROVEMENT PROJECT MANAGER
CEMETERY CARETAKER
CHIEF DEPUTY CITY CLERK (U)
CHIEF OF POLICE
CITY CLERK (U)
CITY COUNCIL
CITY MANAGER (U)
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
EXECUTIVE
636
NA
NA
NA
NA
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
CONFIDENTIAL
GENERAL
CITY PLANNER (U)629
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
368
490
493
368
477
368
386
396
396
386
444
490
530
700
CIVIL ENGINEERING DIVISION MANAGER (U)
CODE ENFORCEMENT DIVISION MANAGER (U)
CODE ENFORCEMENT OFFICER I (FLEX)
CODE ENFORCEMENT OFFICER II
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT
COMMUNITY DEVELOPMENT TECHNICIAN
COMMUNITY INTERVENTION PROGRAM COORDINATOR
COMMUNITY INTERVENTION PROGRAM MANAGER (U)
COMMUNITY POLICING SPECIALIST
COMMUNITY RECREATION MANAGER
COMMUNITY RECREATION PROGRAM COORDINATOR
COMMUNITY RECREATION PROGRAM SUPERVISOR
COMMUNITY SERVICES CENTER SUPERVISOR
COMMUNITY SERVICES OFFICER
GENERAL
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
GENERAL
COMMUNITY SERVICES OFFICER SUPERVISOR
COMMUNITY SERVICES PROGRAM COORDINATOR
CONSTRUCTION MANAGER
COUNCIL ADMINISTRATIVE SUPERVISOR (U)
CRIME ANALYSIS SUPPORT ASSISTANT
CRIME ANALYST GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
CRIME DATA TECHNICIAN (PT)
CRIME FREE PROGRAM COORDINATOR
CRIMINAL INVESTIGATION OFFICER
CUSTODIAL AIDE (PT)
CUSTODIAL SUPERVISOR
CUSTODIAN
CUSTOMER SERVICE REPRESENTATIVE
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)
CUSTOMER SERVICE REPRESENTATIVE (U)
DATA ANALYST
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERAL
GENERAL
GENERAL
GENERAL
DEPUTY CITY CLERK I (U)
DEPUTY CITY CLERK II (U)
DEPUTY CITY MANAGER (U)
CONFIDENTIAL
MANAGEMENT
EXECUTIVE
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8
Packet Page. 28
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
10675
PENDING
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685
09526
09520
09527
09710
09665
10625
10731
09753
20200
10140
10125
PENDING
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
20444
20024
20025
30921
30902
30943
30707
10707
10982
10978
10976
10951
DEPUTY DIRECTOR OF ANIMAL SERVICES (U)
DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U)
DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)
DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)
DEPUTY DIRECTOR OF OPERATIONS (U)
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)
DEPUTY DIRECTOR/CITY PLANNER (U)
619
629
629
629
629
629
629
629
678
662
575
P2
$10,538.52
#REF!
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
$12,810.00
#REF!
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
POLICE SAFETY
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$14,144.51
$13,060.22
$8,462.01
$8,746.90
$12,930.24
$13,060.22
$15,168.14
$13,060.22
$15,168.14
$12,930.24
$12,930.24
$13,060.22
$15,168.14
$8,027.54
$9,119.52
$9,586.38
#REF!
$7,852.17
$5,821.15
$4,527.60
$5,001.98
$8,050.39
$4,641.76
$5,258.00
$6,292.09
$6,981.04
$9,119.52
$4,549.77
$6,828.53
$4,977.59
$8,027.54
$7,675.38
$6,675.40
$4,221.70
$4,641.76
$3,765.06
$4,201.75
$4,106.44
$4,864.68
$5,879.65
$5,879.65
$7,469.79
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$17,192.66
$15,874.39
$10,286.13
$11,471.16
$15,716.25
$15,874.39
$18,436.18
$15,874.39
$18,436.18
$15,716.25
$15,716.25
$15,874.39
$18,436.18
$9,757.29
$11,085.54
$11,652.05
#REF!
$9,544.13
$7,075.51
$5,502.95
$6,080.40
$9,785.69
$5,642.60
$6,391.85
$7,648.71
$8,486.00
$11,085.54
$5,530.66
$8,300.61
$6,050.47
$9,757.29
$9,329.84
$8,113.91
$5,131.65
$5,642.60
$4,576.37
$5,106.16
$4,990.33
$5,913.23
$7,147.00
$7,147.00
$9,080.52
DEPUTY LIBRARY DIRECTOR (U)
DETECTIVE/CORPORAL
DIRECTOR OF ANIMAL SERVICES (U)660
662
692
662
692
660
660
662
692
560
590
600
560
560
500
445
465
565
450
475
511
532
590
446
532
464
560
551
523
431
450
408
430
430
464
502
502
550
DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)
DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)
DIRECTOR OF ECONOMIC DEVELOPMENT (U)
DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DIRECTOR OF INFORMATION TECHNOLOGY (U)
DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)
DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST
DIVERSITY, EQUITY & INCLUSION OFFICER (U)
ECONOMIC DEVELOPMENT DIVISION MANAGER (U)
ECONOMIC DEVELOPMENT MANAGER
ECONOMIC DEVELOPMENT PROJECT MANAGER
ECONOMIC DEVELOPMENT SPECIALIST
ELECTRICIAN I (FLEX)
ELECTRICIAN II
EMERGENCY OPERATIONS MANAGER
ENGINEERING ASSISTANT I (FLEX)
ENGINEERING ASSISTANT II
ENGINEERING ASSISTANT III
ENGINEERING ASSOCIATE
ENGINEERING PROJECT MANAGER
ENGINEERING TECHNICIAN
ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER
ENVIRONMENTAL PROGRAMS COORDINATOR
ENVIRONMENTAL PROJECT MANAGER
EQUIPMENT MAINTENANCE MANAGER
EQUIPMENT MAINTENANCE SUPERVISOR
EQUIPMENT MECHANIC I (FLEX)
EQUIPMENT MECHANIC II
EQUIPMENT SERVICE WORKER
EXECUTIVE ASSISTANT
EXECUTIVE ASSISTANT (U)
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
EXECUTIVE ASSISTANT TO DIRECTOR (U)
EXECUTIVE ASSISTANT TO MAYOR (U)
EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8
Packet Page. 29
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
00083
10939
30623
20092
10512
30506
30944
00259
20060
30165
30166
20160
20490
10624
10623
10730
10778
30133
30136
20100
30098
PENDING
30516
10700
PENDING
10121
10129
10657
10683
10684
10682
10672
10673
30207
30101
10627
10626
10637
10631
10388
30638
30639
00308
30113
30080
30463
30311
30932
20170
30490
EXTRA RELIEF HEAVY LABORER (PT)
FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)
FACILITIES MAINTENANCE MECHANIC
FACILITIES MAINTENANCE SUPERVISOR
FINANCIAL ANALYST
FLEET PARTS STOREKEEPER
FLEET PARTS TECHNICIAN
FOOD SERVICE PROGRAM SPECIALIST (PT)
FOOD SERVICE SUPERVISOR
FORENSICS SPECIALIST I (FLEX)
FORENSICS SPECIALIST II
FORENSICS SUPERVISOR
FORESTRY SUPERVISOR
GIS ADMINISTRATOR
GIS ANALYST
GRANT DIVISION MANAGER (U)
GRANT WRITER
GRANTS ANALYST
GRANTS ASSISTANT
GRANTS MANAGER (U)
368
591
420
515
532
398
438
361
478
448
478
543
542
580
483
601
506
476
390
506
392
420
452
556
601
500
601
518
500
518
476
590
490
418
460
498
520
599
530
430
447
467
NA
$2,782.00
$9,165.01
$3,996.70
$6,414.06
$6,828.53
$3,581.07
$4,372.43
$2,687.00
$5,333.23
$4,596.32
$5,337.81
$7,375.28
$7,338.73
$8,676.49
$5,347.79
$9,634.04
$5,998.80
$5,284.61
$3,441.42
$6,132.78
$3,475.78
$3,996.70
$4,688.31
$7,697.27
$9,634.04
$5,821.15
$9,634.04
$6,368.17
$5,821.15
$6,368.17
$5,164.73
$9,119.52
$5,538.44
$3,956.80
$4,878.95
$5,763.74
$6,432.08
$9,538.72
$6,761.38
$4,106.44
$4,573.05
$5,052.96
$34.77
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
HOURLY
$3,382.00
$11,140.78
$4,857.89
$7,796.09
$8,300.61
$4,353.59
$5,314.53
$3,266.00
$6,482.71
$5,586.08
$6,488.27
$8,964.40
$8,920.10
$10,546.10
$6,500.32
$11,710.55
$7,291.06
$6,423.99
$4,182.91
$7,453.90
$4,225.02
$4,857.89
$5,699.13
$9,355.66
$11,710.55
$7,075.51
$11,710.55
$7,740.59
$7,075.51
$7,740.59
$6,278.27
$11,085.54
$6,732.13
$4,810.23
$5,930.77
$7,006.18
$7,818.59
$11,593.56
$8,218.29
$4,990.33
$5,558.37
$6,141.36
$34.77
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
HOURLY
NA
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERALGROUNDWORKER ARBORIST
HOMELESS SERVICES ASSISTANT
HAZMAT TECHNICIAN
GENERAL
GENERAL
HOMELESS SERVICES COORDINATOR
HOMELESS SOLUTIONS MANAGER (U)
HOUSING COMPLIANCE SPECIALIST
HOUSING DIVISION MANAGER (U)
HUMAN RESOURCES ANALYST
HUMAN RESOURCES ANALYST I
HUMAN RESOURCES ANALYST II
HUMAN RESOURCES ANALYST TRAINEE
HUMAN RESOURCES DIVISION MANAGER (U)
HUMAN RESOURCES GENERALIST
HUMAN RESOURCES TECHNICIAN
HVAC MECHANIC
INFORMATION TECHNOLOGY ANALYST I (FLEX)
INFORMATION TECHNOLOGY ANALYST II
INFORMATION TECHNOLOGY MANAGER
INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR
INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)
LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)
LANDSCAPE & IRRIGATION INSPECTOR II
LAW ENFORCEMENT TRAINEE
LEAD ANIMAL CONTROL OFFICER
LEAD BUILDING INSPECTOR
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
GENERAL
GENERAL
NA
GENERAL
GENERAL
437
526
498
397
470
516
452
$4,350.27
$6,780.88
$5,897.52
$3,563.34
$5,128.33
$6,446.17
$4,688.31
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
$5,287.93
$8,242.79
$7,168.80
$4,331.43
$6,234.46
$7,834.85
$5,699.13
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
LEAD CODE ENFORCEMENT OFFICER
LEAD CUSTODIAN
LEAD EQUIPMENT MECHANIC
LEAD FORENSICS SPECIALIST
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERALLEAD MAINTENANCE WORKER
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8
Packet Page. 30
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30593
10319
10233
30335
30366
30341
20388
10401
20385
30380
00361
20387
30391
30392
00133
30215
20484
30486
30487
30488
10530
10531
10532
10533
10516
30515
00502
10503
10190
10528
30425
30426
20555
10122
10868
30178
20178
30581
20603
30611
30622
10064
10068
20400
30691
10713
30680
30682
30481
00192
LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER
LEGAL ADMINISTRATIVE ASSISTANT (U)
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)
LIBRARIAN I (FLEX)
LIBRARIAN II
LIBRARY ASSISTANT
LIBRARY CIRCULATION SUPERVISOR
LIBRARY DIRECTOR (U)
LIBRARY NETWORK ADMINISTRATOR
LIBRARY NETWORK TECHNICIAN
LIBRARY PAGE (PT)
LIBRARY PROGRAM COORDINATOR
LIBRARY TECHNICIAN I (FLEX)
LIBRARY TECHNICIAN II
471
497
593
450
479
370
460
635
492
422
361
450
380
402
377
470
522
393
415
425
476
476
506
506
476
461
NA
580
561
566
461
485
525
518
591
397
480
380
534
390
421
521
430
494
456
594
499
534
450
368
$5,154.93
$5,734.50
$9,257.08
$4,641.76
$5,364.41
$3,114.46
$4,874.77
$11,414.83
$5,718.61
$4,036.60
$2,687.00
$4,637.79
$3,274.06
$3,653.12
$2,910.00
$5,128.33
$6,642.18
$3,493.51
$3,898.06
$4,097.56
$5,164.73
$5,164.73
$5,998.80
$5,998.80
$5,164.73
$4,903.33
$4,166.67
$8,676.49
$7,891.16
$8,090.47
$4,903.33
$5,527.33
$6,741.85
$6,368.17
$9,165.01
$3,563.34
$5,386.39
$3,274.06
$7,050.81
$3,441.42
$4,016.65
$6,464.58
$4,106.44
$5,776.19
$4,782.52
$9,303.66
$5,927.45
$7,056.85
$4,641.76
$2,782.00
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
$6,265.49
$6,970.44
$11,252.35
$5,642.60
$6,520.41
$3,786.12
$5,925.69
$13,873.71
$6,951.14
$4,906.66
$3,266.00
$5,637.77
$3,980.08
$4,441.15
$3,537.00
$6,234.46
$8,072.94
$4,246.08
$4,738.19
$4,980.92
$6,278.27
$6,278.27
$7,291.06
$7,291.06
$6,278.27
$5,960.70
$4,166.67
$10,546.10
$9,591.80
$9,834.43
$5,960.70
$6,718.81
$8,194.75
$7,740.59
$11,140.78
$4,331.43
$6,546.94
$3,980.08
$8,571.27
$4,182.91
$4,882.27
$7,857.58
$4,990.33
$7,020.91
$5,813.29
$11,308.68
$7,204.26
$8,578.62
$5,642.60
$3,382.00
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
CONFIDENTIAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
NA
GENERAL
LIFEGUARD (PT)
LITERACY PROGRAM COORDINATOR
MAINTENANCE SUPERVISOR
MAINTENANCE WORKER I (FLEX)
MAINTENANCE WORKER II
MAINTENANCE WORKER III
MANAGEMENT ANALYST I (FLEX)
MANAGEMENT ANALYST I (FLEX)(U)
MANAGEMENT ANALYST II
MANAGEMENT ANALYST II (U)
MARKETING & MEDIA SPECIALIST
MARKETING & PUBLIC RELATIONS SPECIALIST
MAYOR
MAYOR'S CHIEF OF STAFF (U)
NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)
NETWORK SYSTEMS ADMINISTRATOR
NPDES INSPECTOR I (FLEX)
NPDES INSPECTOR II
NPDES MANAGER
OMBUDSPERSON
OPERATIONS & MAINTENANCE DIVISION MANAGER (U)
PARK RANGER
PARK RANGER SUPERVISOR
PARKING ENFORCEMENT OFFICER
PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR
PARKS MAINTENANCE WORKER I (FLEX)
PARKS MAINTENANCE WORKER II
PAYROLL SUPERVISOR
PAYROLL TECHNICIAN
PERMIT SERVICES SUPERVISOR
PLANNING AIDE
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERAL
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
NA
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
GENERAL
MANAGEMENT
CONFIDENTIAL
MIDDLE MANAGEMENT
GENERAL
PLANNING DIVISION MANAGER (U)
PLANS EXAMINER I (FLEX)
PLANS EXAMINER II
PLUMBER
POLICE CADET (PT)
MANAGEMENT
GENERAL
GENERAL
GENERAL
NA
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8
Packet Page. 31
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
00520
50283
20775
20772
32767
32768
30848
50402
40751
30218
20765
30219
30220
40332
30585
00331
00333
20019
10182
10243
20864
00360
10132
10639
20949
30947
30948
10212
30580
30583
30584
10900
10863
30770
10440
10259
00222
00244
00230
00256
30825
30115
10690
10538
00266
00265
30708
30229
30410
10154
POLICE CALL TAKER (PT)
POLICE CAPTAIN
POLICE DISPATCH MANAGER
POLICE DISPATCH SUPERVISOR
POLICE DISPATCHER I (FLEX)
POLICE DISPATCHER II
POLICE FLEET MAINTENANCE EXPEDITOR
POLICE LIEUTENANT
396
P5
$19.85 HOURLY $24.14 HOURLY NA
POLICE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
POLICE DISPATCHER
POLICE DISPATCHER
GENERAL
POLICE MANAGEMENT
POLICE SAFETY
GENERAL
$19,412.09
$6,843.73
$5,892.47
$4,146.40
$4,839.53
$3,581.07
$16,494.29
$7,532.62
$4,806.91
$4,973.33
$3,098.94
$3,441.42
$9,898.35
$4,016.65
$3,624.00
$4,044.00
$7,636.62
$9,586.38
$10,228.72
$6,575.74
$3,264.00
$7,469.79
$7,469.79
$5,776.19
$3,821.59
$5,180.42
$9,257.08
$5,284.61
$5,927.45
$6,883.95
$6,119.03
$9,491.06
$5,001.98
$8,676.49
$4,768.28
$2,782.00
$2,881.00
$3,264.00
$4,888.00
$5,077.34
$4,641.76
$9,119.52
$6,761.38
$2,925.00
$3,296.00
$3,996.70
$3,441.42
$6,016.12
$8,719.81
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
$19,412.09
$8,318.78
$7,162.66
$5,040.29
$5,882.58
$4,353.59
$16,494.29
$10,059.74
$5,843.21
$6,045.29
$3,767.28
$4,182.91
$12,962.73
$4,882.27
$4,405.00
$4,916.00
$9,283.33
$11,652.05
$12,431.96
$7,993.21
$3,967.00
$9,080.52
$9,080.52
$7,020.91
$4,645.09
$6,296.53
$11,252.35
$6,423.99
$7,204.26
$8,366.92
$7,438.38
$11,536.15
$6,080.40
$10,546.10
$5,796.24
$3,382.00
$3,502.00
$3,967.00
$5,942.00
$6,172.39
$5,642.60
$11,085.54
$8,218.29
$3,555.00
$4,007.00
$4,857.89
$4,182.91
$7,312.88
$10,598.09
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
528
498
425
456
398
P4
POLICE OFFICER P1
POLICE PERSONNEL AND TRAINING TECHNICIAN
POLICE RECORDS SUPERVISOR
POLICE RECORDS TECHNICIAN I (FLEX)
POLICE RECORDS TECHNICIAN II
POLICE SERGEANT
POOL MAINTENANCE COORDINATOR
POOL MANAGER I (PT)
POOL MANAGER II (PT)
457
464
369
390
P3
MIDDLE MANAGEMENT
GENERAL
GENERAL
POLICE SAFETY
GENERAL421
421
443
550
600
613
520
400
550
550
494
411
472
593
476
499
529
510
598
465
580
460
368
375
400
481
468
450
590
530
378
402
420
390
502
581
NA
NA
PRINCIPAL ACCOUNTANT
PRINCIPAL CIVIL ENGINEER
PRINCIPAL PLANNER
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
PROCUREMENT CONTRACT SPECIALIST
PROGRAMMING/TRAFFIC ASSISTANT
PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)
PROJECT MANAGER/COMMUNITY SERVICES
PROPERTY AND EVIDENCE SUPERVISOR
PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)
PROPERTY AND EVIDENCE TECHNICIAN II
PUBLIC INFORMATION OFFICER (U)
PUBLIC WORKS INSPECTOR I (FLEX)
PUBLIC WORKS INSPECTOR II
PUBLIC WORKS INSPECTOR III
PUBLIC WORKS SAFETY AND TRAINING OFFICER
PURCHASING DIVISION MANAGER (U)
RANGEMASTER
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
REAL PROPERTY MANAGER
RECORDS MANAGEMENT SPECIALIST (U)
RECREATION AIDE (PT)
RECREATION LEADER (PT)NA
NA
NA
GENERAL
RECREATION SPECIALIST (PT)
RECREATION SUPERVISOR (AQUATICS) (PT)
RECREATION THERAPIST
REGISTERED VETERINARY TECHNICIAN
RISK DIVISION MANAGER (U)
SAFETY OFFICER
SECURITY OFFICER I (PT)
SECURITY OFFICER II (PT)
SENIOR ADMINISTRATIVE ASSISTANT
SENIOR ANIMAL SERVICES REPRESENTATIVE
SENIOR ARBORIST
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
NA
GENERAL
GENERAL
GENERAL
MANAGEMENTSENIOR CIVIL ENGINEER
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8
Packet Page. 32
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30228
30230
30232
10222
10632
10656
10622
10385
00283
10513
10514
10529
30710
10223
20243
00294
10300
30978
20995
00019
10689
20336
10443
20437
20438
20370
30447
30448
30449
30667
10740
20666
30125
30620
SENIOR CUSTOMER SERVICE REPRESENTATIVE
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)
SENIOR GIS ANALYST
SENIOR HUMAN RESOURCES TECHNICIAN
SENIOR INFORMATION TECHNOLOGY ANALYST
SENIOR INFORMATION TECHNOLOGY TECHNICIAN
SENIOR LIFEGUARD (PT)
SENIOR MANAGEMENT ANALYST
SENIOR MANAGEMENT ANALYST (U)
SENIOR NETWORK SYSTEMS ADMINISTRATOR
SENIOR OFFICE ASSISTANT
SENIOR OFFICE ASSISTANT (U)
SENIOR PLANNER
SENIOR RECREATION LEADER (PT)
SHELTER VETERINARIAN
SOLID WASTE FIELD INSPECTOR
STATION MANAGER
435
445
445
435
530
461
553
488
396
556
556
592
375
375
567
382
678
450
490
368
559
502
573
532
552
533
450
484
513
399
598
502
400
358
$4,307.04
$4,527.60
$4,527.60
$4,209.34
$6,761.38
$4,792.11
$7,582.45
$5,483.19
$3,199.00
$7,697.27
$7,697.27
$9,211.59
$3,193.15
$3,120.72
$8,313.25
$2,984.00
$14,144.51
$4,641.76
$5,662.13
$2,782.00
$7,813.17
$6,010.96
$8,378.60
$6,981.04
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$6,355.27
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
$5,235.84
$5,502.95
$5,502.95
$5,117.07
$8,218.29
$5,825.49
$9,217.01
$6,664.97
$3,889.00
$9,355.66
$9,355.66
$11,196.02
$3,881.44
$3,793.39
$10,103.91
$3,627.00
$17,192.66
$5,642.60
$6,882.49
$3,382.00
$9,496.47
$7,306.62
$10,184.31
$8,486.00
$9,376.35
$8,528.08
$5,642.60
$6,684.45
$7,725.19
$4,374.65
$11,536.15
$7,306.62
$4,396.82
$3,565.56
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
NA
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
NA
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
NA
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
STUDENT INTERN (PT)
SUPERVISING HUMAN RESOURCES ANALYST
TECHNOLOGY LIBRARIAN
TRAFFIC ENGINEER
TRAFFIC ENGINEERING ASSOCIATE
TRAFFIC OPERATIONS AND SYSTEMS ANALYST
TRAFFIC SIGNAL AND LIGHTING SUPERVISOR
TRAFFIC SIGNAL TECHNICIAN I (FLEX)
TRAFFIC SIGNAL TECHNICIAN II
TRAFFIC SIGNAL TECHNICIAN III
TREASURY ASSISTANT
TREASURY MANAGER
GENERAL
GENERAL
GENERAL
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
TREASURY SUPERVISOR
VETERINARY ASSISTANT
VOLUNTEER COORDINATOR GENERAL
GENERAL30000WEED ABATEMENT COORDINATOR 462 $4,927.72 MONTHLY $5,990.62 MONTHLY
(U) DENOTES UNCLASSIFIED
* Part‐time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations.
REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 6/21/23
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8
Packet Page. 33
ADOPTED 03/06/2024
EFFECTIVE 03/07/2024
BOTTOM
HOURLY/
MONTHLY
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 10/18/23
REVISION ADOPTED BY MCC 12/6/23
REVISION ADOPTED 2/21/24
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8
Packet Page. 34
CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6
Months
Service
Following
18 Months
Service
Third
Year
Service
Fourth
Year
Service
Fifth & Sub-
sequent Yrs
Service
JOB
TITLE
Monthly Pay Rates Effective July 1, 2023:
Police Officer
P-1
$7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74
Detective/Corporal $8,746.90
P-2
$9,428.23 $10,109.56 $10,789.83 $11,471.16
$11,430.00 $12,196.91 $12,962.73Sergeant
P-3
$9,898.35 $10,664.17
Lieutenant
P-4
--
--
--
--
--
--
--
--
--
--
--
--
$16,494.29
$19,412.09
$23,765.30
Captain
P-5
Assistant Chief
P-6
Packet Page. 35
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Rolland Kornblau, Director of Information Technology
Department:Information Technology
Subject:TPX Wide Area Network (WAN) Relocation from 300N
“D” Street Basement to 201B N “E” Street
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California Authorize the City Manager to approve the Service Agreement with TPX to
relocate the Wide Area Network (WAN) Circuits from 300 N “D” Street basement to
201B N “E” Street 3rd floor computer room in preparation for the City Hall Building
Renovation Project.
Executive Summary
In preparation for the construction to take place in the City Hall building when power
may need to be turned off for some time, relocating network equipment that operates
the City Building Wide Area Network (WAN) is necessary. It takes an extended period
for relocation and this project must be completed before the estimated July 2024 date
of construction. The WAN network can remain in the 201B building without the need
to move back after the 300 building becomes occupied.
Background
The City WAN is located in an unoccupied City Hall building located at 300 N ”D” Street
provided by TPX Communications. The WAN service and equipment must be
relocated before the construction of the building to seismic retrofit. They will move all
related equipment and services to the 201B N “E” Street building ensuring that the
network is operational regardless of the status of the City Hall building. Services can
remain and will not have to be relocated, saving the possibility of downtime during the
duration of the retrofit.
Packet Page. 36
Discussion
The City requested a move of services from TPX for the WAN. There is a recurring
cost of $2,937.95 monthly to add the 201B N “E” Street building to the service area.
This amount will be displaced by the current amount of the 300 N “D” Street location
due to the relocation of services. The contract will be coterminous with existing services
set to expire on 7/14/2026. This is only a location change to the contract.
2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 1: Improved Operational & Financial
Capacity Approval of this contract will reduce the risk of potential outages of the
network.
Fiscal Impact
There is sufficient funding in the FY 2023/24 Operating Budget for this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager to approve the Service Agreement with TPX to
relocate the Wide Area Network (WAN) Circuits from 300 N ”D” Street basement to
201B N ”E” Street 3rd floor computer room in preparation for the City Hall Building
Renovation Project.
Attachments
Attachment 1 – TPX Service Agreement
Attachment 2 – TPX Original Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
On Jan 20, 2021, the Mayor and City Council adopted Resolution No. 2021-9,
approving an agreement with TPX Communications.
Packet Page. 37
2/6/24, 4:46 PM Quote: 639183 / City of San Bernardino - Dash
https://dash.tpx.com/ribeye/service/file?id=2137109&deleteAfterServing=1&inline=1 1/8
Quote/Order ID: 639183
Service Agreement
California City of San Bernardino
TPx Communications will provide Customer with the specified type and amount of Services at the rates, and terms and conditions listed
below and on the Rate Schedule(s) that follow, and Customer shall accept and pay for Services under the Terms and Conditions to
which Customer agreed on the Telecommunications Account Agreement (TAA)/Master Service Agreement (MSA) and any related
Addendums that follow that govern this Service Agreement, including any changes to Total Monthly Recurring Charges up to five
percent (5%) and/or Total Non-Recurring Charges up to five percent (5%) for Services and Equipment specified on this Service
Agreement. For any Access, MSx, and/or UCx Service listed below that is being added to Services currently provided to Customer at
the below referenced Service Location, a new Service Term (as provided in the Term Length below) shall apply to any such Service.
Federal, State and Local Taxes and Other Charges will be applied in accordance with the definitions stated at www.tpx.com/rates.
The term for service(s) being ordered is 24 months. ("Term")
Customer Requested Due Date: 3/1/2024
RS ID Title Address Non-
Recurring Recurring
1121416 201 N E St, San Bernardino CA 201 N E St, San Bernardino, CA 92401-1563 $1,591.50 $2,867.42
Sub Totals $1,591.50 $2,867.42
Installment Payment
Amount of Non-Recurring charges included in Installment Payments (24 months)($1,591.50)
Estimated Monthly Installment Payments (includes simple interest with a rate of 6%, applied
annually) $70.53
Total Non-Recurring Charges $0.00
Total Monthly Recurring Charges $2,937.95
Equipment Addendum - Single Payment Purchase, Rental and/or Customer Provided Equipment set for at www.tpx.com/Equipment-
Addendum.pdf
MSx Service Addendum set forth at www.tpx.com/MSx-Service.pdf
`
Agreed by: Customer Signature Date
Customer Name (Print)Title
Sales Representative Name Phone
Agreed by: Authorized TPx Representative Signature Date
v052920
DocuSign Envelope ID: B09B0FDA-FF15-4A6E-922A-8C7336EE23A0
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Rate Schedule #1121415 Quote ID: 639183
300 N D ST, SAN BERNARDINO CA 2/7/2024
California City of San Bernardino
Good through:3/4/2024
Address:300 N D St, San Bernardino, CA 92418-0001
The term for Service(s) being ordered is 24 months ("Term").
DocuSign Envelope ID: B09B0FDA-FF15-4A6E-922A-8C7336EE23A0
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Rate Schedule #1121416 Quote ID: 639183
201 N E St, San Bernardino CA 2/7/2024
California City of San Bernardino
Good through:3/4/2024
Address:201 N E St, San Bernardino, CA 92401-1563
The term for Service(s) being ordered is 24 months ("Term").
MSx WAN (Install)
PQE Code: Not Specified Description Qty Each Usage Type NRC MRC
MSx WAN Core 1 $0.00 -MSx -$0.00
Multi Services Router
2000 1 $0.00 -xNet $0.00 -
Inbound Internet
Failover - Block of 32
(29 usable)
1 $110.00 -MSx -$110.00
Inbound Internet
Failover - Non
Recurring Charge
1 $0.00 -xNet $0.00 -
MSx WAN - Core
2000M 1 $600.00 -MSx -$600.00
MSR - Install Included
with Voice/Data 1 $0.00 -MSx $0.00 -
TPx Provided DIA 1 $0.00 -MSx -$0.00
UCx - Related Voice
Service 1 $0.00 -MSx -$0.00
$0.00 $710.00
UCx SmartVoice (Install)Description Qty Each Usage Type NRC MRC
Abbreviated Dialing 1 $0.00 -xNet -$0.00
Call Paths - SmartVoice 46 $8.00 -xNet -$368.00
PRI SmartVoice 1 $0.00 -xNet -$0.00
TPx Voice & Data Circuit 1 $0.00 -xNet -$0.00
Tier Z Equipment 1 $0.00 -xNet -$0.00
Caller ID (Inbound - Name &
Number)1 $0.00 -xNet -$0.00
Calling Line ID Delivery
Blocking or Un-Blocking per
Call
1 $0.00 -xNet -$0.00
DIDs 803 $0.15 -xNet -$120.45
DIDs - Setup Fee 803 $0.00 -xNet $0.00 -
E911 1 $4.95 -xNet -$4.95
End User Connection Charge
(EUCC)46 $2.37 -xNet -$109.02
Enterprise Trunking 1 $50.00 -xNet -$50.00
Enterprise Trunking - Setup
Charge 1 $0.00 -xNet $0.00 -
Free Directory Assistance
Listing 1 $0.00 -xNet -$0.00
G.711 Codec 1 $0.00 -xNet -$0.00
LD Usage 1 $0.0290 $0.0290 ---
DocuSign Envelope ID: B09B0FDA-FF15-4A6E-922A-8C7336EE23A0
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Outbound Calling Line ID
(Name & Number)1 $0.00 -xNet -$0.00
UCx Usage Bundle -- 2,500
Minutes Domestic Outbound 2 $70.00 -xNet -$140.00
$0.00 $792.42
Internet Services - Ethernet (Install)Description Qty Each Usage Type NRC MRC
Ethernet 1 x 1 Gbps (ICB Code:
HN_CD)1 $1,365.00 -xNet -$1,365.00
IPv4 - IP Address - 4 (Included)1 $0.00 -xNet -$0.00
Internet 1 $0.00 -xNet -$0.00
$0.00 $1,365.00
TPx Data Only Service ETL (Install)Description Qty Each Usage Type NRC MRC
ETL 1 $1,591.50 -xNet $1,591.50 -
$1,591.50 $0.00
DocuSign Envelope ID: B09B0FDA-FF15-4A6E-922A-8C7336EE23A0
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INSTALLMENT PAYMENT DETAILS
Charge Description Total Monthly Amount Term
ETL $70.53 24
Total of Monthly Payment Amounts $70.53
Total of installment payments will be different from the NRC cash price.
NRCS NOT INCLUDED IN THE INSTALLMENT PAYMENT PLAN
Charge Description Price
Total of opted-out NRC Amounts $0.00
Currently there are no opted-out NRCs.
DocuSign Envelope ID: B09B0FDA-FF15-4A6E-922A-8C7336EE23A0
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COTERMINOUS ADDENDUM TO THE
MASTER SERVICE AGREEMENT
This coterminous addendum to the Master Services Agreement (the “Addendum”) is made by and
between TPx Communications (“TPx”) and the customer (“Customer”) through their respective entities
as identified in the signature blocks below and is effective as of the date last signed herein (the
“Addendum Effective Date”).
WHEREAS, TPx and Customer have entered into that certain Master Services Agreement, dated
02/01/2021 (the “Agreement”); and,
WHEREAS, TPx and Customer agreed to an Initial Service Term under the Agreement for a period of
60 months; and,
WHEREAS, Customer now wishes to add or move certain service locations in accordance with the
Agreement.
NOW, THEREFORE, the parties agree as follows:
1. The Agreement is modified to include the service location additions or moves as detailed below.
a. Additional service locations:
N/A
b. Moved service locations:
Previous service location New service location
300 N D St, San Bernardino, CA 92418-
0001
201 N E St, San Bernardino, CA 92401-
1563
2. The Services at the locations identified above will be provided by TPx in accordance with the
Agreement and for the period remaining under the Initial Service Term (and for any Renewal
Service Term, as may be applicable). For avoidance of doubt, the Services at the locations
identified above will be coterminous with all other service locations, for an Initial Term ending
on 07/14/2026. Move Charges or other additional fees may apply per the terms of the
Agreement.
3. All capitalized words used herein that are not defined in this Addendum shall have the meanings
ascribed to them in the Agreement.
4. Unless expressly modified herein, all other provisions of the Agreement are unaltered and
remain in full force and effect.
[Signature Page Follows]
Signature Page to the Coterminous Addendum
DocuSign Envelope ID: B09B0FDA-FF15-4A6E-922A-8C7336EE23A0
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Agreed:
U.S. TelePacific Corp.
City of San Bernardino
By:______________________ By:______________________
Name: ___________________ Name: ___________________
Title:_____________________ Title:_____________________
DocuSign Envelope ID: B09B0FDA-FF15-4A6E-922A-8C7336EE23A0
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Robert D. Field
2/1/2021
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Envelope Data
City of San Bernardino TP Agreement_signed (1).pdf
Subject:Countersign
Documents:Document Hash:65053286
Envelope ID:ENV39543473-9640-EDCB-0612-AFEC
Sender:Jill Carroll
Sent:02/18/2021 20:16 PM UTC
Status:Completed
Status Date:02/18/2021 20:17 PM UTC
Recipient(s) / Roles
Name / Role Address Type
Jill Carroll jgcarroll@tpx.com Sender
Jill Carroll jgcarroll@tpx.com Signer
Document Events
Name / Roles Email IP Address Date Event
Jill Carroll jgcarroll@tpx.com 173.48.111.91 02/18/2021 20
:16 PM UTC Created
Jill Carroll jgcarroll@tpx.com 173.48.111.91 02/18/2021 20
:17 PM UTC Signed
02/18/2021 20
:17 PM UTC Status - Completed
Signer Signatures
Signer Name / Roles Signature Initials
Jill Carroll
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Ed Erjavek, Library Director
Department:Library
Subject:California Library Connect Grant Award Recognition
(Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Adopt Resolution No. 2024-039 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance & Management
Services to amend and appropriate the $19,709.06 California Library Connect
Grant Award in both revenues and expenditures to the Fiscal Year 2023 – 2024
Operating Budget; and
2. Approve the purchase of a new Juniper MX204 router or equivalent from
CENIC, as described in the grant application.
Executive Summary
Staff seeks authorization to amend and appropriate $19,709.06 to the Fiscal Year 2-
2023 – 2024 operating budget to recognize the California Library Connect grant award,
provided by the California State Library. Additionally, staff seeks approval to purchase
a router from CENIC for the full grant award amount. This funding allows the City to
replace an end-of-life router at the Norman F. Feldheym Central Library and ensures
it maintains uninterrupted high-speed broadband connectivity to the public. This grant
does not require matching funds and the project has no fiscal impact on the City’s
General Fund.
Background
The California State Library’s California Library Connect (CLC) Program supports
public libraries throughout the state by connecting them to high-speed Internet through
the California Research and Education Network (CalREN), a high-capacity 8,000-mile
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fiber-optic-based network, operated by the Corporation for Education Network
Initiatives in California (CENIC).
The CLC program also provides grant funding to libraries in areas related to
connectivity, technology, building infrastructure modifications, and networking
consulting. One of the roadblocks to successful procurement and connection for a
library can be a lack of access to network design expertise, old internal wiring
unsuitable for high-speed networking, and/or network equipment that does not support
higher-speed bandwidths.
In the Library’s course of renewing its contract for internet services with Spectrum, the
need to replace a router nearing its end of life was identified at the Norman F. Feldheym
Central Library. City Library staff recognized the CLC grant as a source of funding to
replace the router and submitted an application on August 1, 2023. The application
required the City to submit a quote provided by CENIC for the provision of a new
Juniper MX204 router or equivalent.
Discussion
On November 29, 2023, City staff were notified by the California State Library of their
awarded grant funding through the California Library Connect (CLC) Program. This
funds a technology hardware project for a new router at the Norman F. Feldheym
Central Library to ensure network equipment can support uninterrupted and reliable
connectivity to the CalREN.
Staff brings forth this item for authorization for the Director of Finance & Management
Services to amend and appropriate $19,709.06 in both revenues and expenditures to
the Fiscal Year 2023 – 2024 Operating Budget and the approval of a new Juniper
MX204 router or equivalent from CENIC.
2021-2025 Strategic Targets and Goals
This project aligns with Strategic Target and Goal No. 3: Improved Quality of Life with
improvements at Norman F. Feldheym Central Library for City residents.
Fiscal Impact
There is no fiscal impact to the General Fund for this project. The FY 2023/24 budget
will be amended to recognize $19,709.06 in grant funding in both revenue and
expenditures.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Adopt Resolution No. 2024-039 of the Mayor and City Council of the City of
San Bernardino, California, authorizing the Director of Finance & Management
Services to amend and appropriate the $19,709.06 California Library Connect
Grant Award in both revenues and expenditures to the Fiscal Year 2023 – 2024
Operating Budget; and
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2. Approve the purchase of a new Juniper MX204 router or equivalent from
CENIC, as described in the grant application.
Attachments
Attachment 1 – Notification of Award from the California State Library
Attachment 2 – Notification of Award from CTC Technology & Energy
Attachment 3 – California Library Connect Award Agreement
Attachment 4 – Resolution No. 2024-039
Ward:
Ward 1
Synopsis of Previous Council Actions:
None.
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To: Edward Erjavek, Library Director
San Bernardino Public Library
Re: California Library Connect Grant Award–Year 10
Dear Edward,
Congratulations! I am pleased to announce that the California Library Connect (“CLC”) grant program is
awarding funding to the San Bernardino Public Library.
The CLC team informed me that the San Bernardino Public Library is completing a technology hardware
project to replace its end-of-life router with a new router at the Feldheym Central Library.
This letter constitutes the State Library's recognition of award for the grant application submitted
by San Bernardino Public Library in the following amount(s):
Technology Hardware Funding: $19,709.06
Total award: $19,709.06
Please continue to work with Rachel Stogner, who is the Grant Coordinator for the California Library
Connect grant program. She may be contacted at grants@californialibraryconnect.org. You should expect
payment of this grant in whole from CTC Technology & Energy.
Respectfully yours,
Rebecca L. Wendt
Deputy California State Librarian
916-323-9759 | csl-adm@library.ca.gov | www.library.ca.gov
Cc: Heather Mills, Program Administrator, CTC Technology & Energy
Rachel Stogner, Grants Coordinator, CTC Technology & Energy
Caroline Mueller, Project Coordinator, CTC Technology & Energy
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Notification of Award from CTC Technology & Energy
California Library Connect Grants Program
11/29/2023
Edward Erjavek, Library Director
San Bernardino Public Library
Re: California Library Connect Notification of Award–Year 10
Dear Edward,
We are happy to inform you that your California Library Connect ("CLC") application (the
“Application"), submitted on August 1, 2023, is awarded in the amount of $19,709.06 for the
following categories:
$19,709.06
$19,709.06
Technology hardware funding:
Total award amount:
The equipment and services documented in the Application are eligible for funding per Appendix A of the
Grant Program Guidelines:
“Money under the established grant programs can be used to help pay for…network equipment,
equipment installation, and equipment configuration.”
As a Tier One LIPC library, your library jurisdiction will be responsible for contributing a 0% percent match.
To receive these funds, the Library Director, Edward Erjavek, must review and sign the attached CLC
grant agreement via Adobe Sign (if your jurisdiction requires a wet signature, please contact the
grant administrator at grants@californialibraryconnect.org). By signing the agreement, the San
Bernardino Public Library agrees to comply with all narrative and fiscal reports detailed in the
agreement.
For funds to be disbursed, the library must provide ACH banking information and a current W-9.
Awardees must submit evidence of paid invoices through the CLC application portal.
Awardees must also submit an end-of-project narrative report.
Awardees may request amendments to their application through the CLC application portal to modify
funding requests or project timelines. Submission of an amendment request is not a guarantee of
amendment approval.
Please contact the grants administrator, Rachel Stogner, at grants@californialibraryconnect.org if you
have any questions concerning the CLC grant agreement or the contents of this letter.
Heather Mills
California Library Connect Administrator
grants@californialibraryconnect.org | www.californialibraryconnect.org
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Resolution No. 2024-039
Resolution 2024-039
March 6, 2024
Page 1 of 3
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RESOLUTION NO. 2024-039
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE &
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
ADOPTED BUDGET TO REFLECT GRANT REVENUE
AND EXPENDITURES; APPROVING THE PURCHASE OF
A ROUTER FROM CENIC
WHEREAS, the City of San Bernardino has been awarded a California Library Connect
grant by the California State Library in the amount of $19,709.06; and
WHEREAS, the grant award will fund a technology hardware project to replace an end-
of-life router with a new router at the Norman F. Feldheym Central Library to ensure network
equipment can support uninterrupted and reliable connectivity; and,
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize
the Director of Finance & Management Services to amend and appropriate the $19,709.06
California Library Connect Grant Award in both revenues and expenditures to the Fiscal Year
2023 – 2024 Operating Budget for the California Library Connect award.
SECTION 3. Approve the purchase of a new Juniper MX204 router or equivalent from
CENIC, as described in the grant application.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-039
Resolution 2024-039
March 6, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-039
Resolution 2024-039
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-039, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Ed Erjavek, Library Director
Department:Library
Subject: Application and Acceptance of Lunch at the Library
Grant Award (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution No. 2024-038 of the Mayor and City Council
of the City of San Bernardino, California authorizing the Director of Finance &
Management Services to amend and appropriate $8,900 in both revenues and
expenditures to the Fiscal Year 2023 – 2024 Operating Budget.
Executive Summary
Staff seeks authorization to amend and appropriate a $8,900 grant award from the
California State Library as part of its “Lunch at the Library” grant program. This
funding will enable the library to provide programming related to farming and
gardening in collaboration with the Parks, Recreation, and Community Services
Department’s scheduled 2024 Summer Lunch Program. This grant does not require
the City to contribute match funding and the project has no fiscal impact on the City’s
General Fund.
Background
Lunch at the Library is a funding opportunity offered through the California State
Library which provides grants, training, resources, and technical assistance to help
libraries establish summer meal sites or take programs to other community meal
sites. The San Bernardino Public Library, in collaboration with the City’s Parks,
Recreation and Community Services Department, submitted an application to expand
Library public programming for students participating in the summer lunch program.
The Parks, Recreation, and Community Services Department will be offering lunch at
four locations this summer, while the library will visit each location at least once to
provide “Farm to Summer” educational enrichment programming and activities to
participants.
Discussion
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With a focus on farming and gardening, the library aims to use the grant funding to
inspire children in San Bernardino to envision the possibility of growing something
here within our city. The program will offer a beginner’s kit for a potted herb garden,
designed to be accessible and manageable for both children and families.
Additionally, the Library will be purchasing books on gardening, with a preference for
urban gardening, to complement these kits and enhance the storytelling experience
during "Lunch at the Library" events.
The library’s goal is to enhance awareness of the City of San Bernardino Public
Library by offering additional resources. Introducing educational programs such as
the Lunch at the Library: Farm to Summer event, can play a pivotal role in promoting
our free public resources to the community. Through these initiatives, we aspire to
empower children and their families with the understanding that they can cultivate and
nurture growth even in unconventional settings.
2021-2025 Strategic Targets and Goals
This project aligns with Strategic Target and Goal No. 3: Improved Quality of Life
Fiscal Impact
There is no fiscal impact to the General Fund for this project. The Fiscal Year 2023 –
2024 Operating Budget will be amended to recognize $8,900 in grant funding in both
revenue and expenditures.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-038 of the Mayor and City Council of the City of
San Bernardino, California, authorizing the Director of Finance & Management
Services to amend and appropriate $8,900 in both revenues and expenditures to the
Fiscal Year 2023 – 2024 Operating Budget.
Attachments
Attachment 1 – California State Library Lunch at the Library Grant Award Letter
Attachment 2 – Resolution No. 2024-038
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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In Process
Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
January 23, 2024
Ed Erjavek
City of San Bernardino Public Library
555 West 6th Street
San Bernardino, CA, 92336
Subject: Lunch at the Library Summer 2024
Dear Mr. Ed Erjavek:
This letter confirms the California State Library’s award of $8,900 to the City of San
Bernardino Public Library for Lunch at the Library Summer 2024.
The Lunch at the Library program makes it possible for public libraries to:
• Provide free summer meals and programming at library sites,
• Take pop-up libraries to other community-based meal sites,
• Connect children, teens, and families to locally sourced, sustainable food
and provide hands-on food education activities,
• Create volunteer opportunities for teens, and
• Implement innovative solutions to connect more families with nutritious meals
during the summer.
Thank you for being a part of this important work.
City of San Bernardino Public Library will receive $8,900 of the award upon
execution and approval of the grant agreement, certification, and claim forms. The
remaining funding (if applicable) will be made available according to the payment
schedule and upon the awardee’s completion of the requirements listed in the
Grant Agreement and Certification of Compliance document included with this
award packet.
Hard copies of this correspondence will not follow. Therefore, please keep this
correspondence for your files and consider these award materials your original
documents.
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Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
This grant is governed by the attached Grant Agreement and Certification of
Compliance, which includes the project period, reporting requirements, payment
schedule, and the proposal outlining the project plan and budget. Within the
DocuSign system, please sign the claim and certification forms included in the
award packet using the DocuSign system. Should you have any questions regarding
using DocuSign please get in touch with your grant monitor.
There are two people assigned to your project. The first is your Grant Monitor.
Contact them regarding compliance and reporting. The Grant Monitor assigned to
your project is Lisa Lindsay. Contact Lisa via email at lisa.lindsay@library.ca.gov.
You are also assigned a Library Programs Consultant for ongoing programmatic
support. The Library Programs Consultant assigned to your project is Kaela Villalobos.
Contact Kaela via email at kaela.villalobos@library.ca.gov.
Please stay in touch with your Grant Monitor and Library Programs Consultant
throughout the award period. Read the enclosed award packet thoroughly and
contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
Enclosures
CC: Gina Iwata
Yesenia Castellon
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THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.
Award #: LATL23-57A
Library/Organization: City of San Bernardino Public Library
Project Title: Lunch at the Library Summer 2024
Award Amount: $8,900
APPROVED BUDGET CORE PROGRAM
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $8,900
Equipment ($5,000 or more per unit) $0
Services (contracted) $0
Project Total $8,900
Indirect Cost $0
APPROVED BUDGET INNOVATION
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $0
Equipment ($5,000 or more per unit) $0
Services (contracted) $0
Project Total $0
Indirect Cost $0
APPROVED BUDGET TOTAL
Grant Total $8,900
Payment Schedule IN FULL
Start Date: 2/1/2024
End Date: 1/31/2025
Please understand that it can take six to eight weeks to receive a fully executed
claim form with no errors before grant funds are delivered. Therefore, if you have
not received your payment after eight weeks, please contact your grant monitor.
REPORTING
As outlined in the grant terms and conditions, Jurisdiction is required to provide two
financial and narrative reports (first reports due 6/20/2024; second reports due 10/17/2024;
final reports and detailed expenditures due 2/20/2025); and updates upon request. In
addition, the LATL Annual Outputs Survey (reporting on all outputs thus far) must be
submitted by 9/19/2024. Required reports will be available on the State Library’s Lunch at
the Library website under Evaluation.
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Library – Courts Building 916-323-9759
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Sacramento, CA 94237-0001 www.library.ca.gov
PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the
payment schedule laid out in the Grant Term and Award Documentation. Ten percent (10%) of
the full grant award is withheld until the end of the project period. It is payable only if the grant
recipient fulfills all project reporting requirements and expends all funds, or returns all unspent
grant funds, by the time specified in the grant terms and conditions.
CONTACT
We want your project to be successful. Please work with the grant monitor and library
programs consultant in implementing your project:
Grant
Monitor
Lisa Lindsay Library Programs
Consultant
Kaela Villalobos
Phone 916.603.6708 Phone 279.399.8977
Email lisa.lindsay@library.ca.gov Email kaela.villalobos@library.ca.gov
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STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
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TABLE OF CONTENTS
PROJECT SUMMARY ........................................................ Error! Bookmark not defined.
PROCEDURES and REQUIREMENTS ................................ Error! Bookmark not defined.
A. Term of the Agreement .......................................... Error! Bookmark not defined.
B. Scope of Work .......................................................... Error! Bookmark not defined.
C. Budget Detail .......................................................... Error! Bookmark not defined.
D. Narrative and Financial Reports ........................... Error! Bookmark not defined.
E. Claim Form and Payment ...................................... Error! Bookmark not defined.
EXHIBIT A: TERMS and CONDITIONS ............................... Error! Bookmark not defined.
EXHIBIT B: CERTIFICATION of COMPLIANCE FORM ...... Error! Bookmark not defined.
Certification .................................................................. Error! Bookmark not defined.
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES ...... Error! Bookmark not defined.
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and City of San Bernardino
Public Library for the Lunch at the Library Summer 2024 project.
AWARD AGREEMENT NUMBER LATL23-57A
This Award Agreement (“Agreement”) is entered into on 2/1/2024 by and
between the California State Library (“State Library”) and City of San Bernardino
Public Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded Lunch at the
Library Summer 2024 project.
The Library Development Services Bureau (“LDS”) of the State Library
administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds
in the amount of $8,900 through the process adopted by the State Library in
administering such grants.
The State Library and the Grantee, for the consideration and under the
conditions hereinafter set forth in the Grant Agreement, agree as follows:
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until
1/31/2025. If completion of the project occurs prior to the end of the grant period this
will be the end date of the term of this agreement. Grant eligible program
expenditures may begin no earlier than the start date. The project period ends on
1/31/2025 and all eligible program costs must be incurred by this date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s
application and submitted to the State Library in response to the Lunch at the
Library Summer 2024 Opportunity.
2. The following activities and deliverables to be performed by the Grantee
include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are
consistent with Generally Acceptable Accounting Practices (GAAP).
• Make financial records available to the State Library upon request.
• Work with the State Library staff to assure that funds are disbursed in
compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports.
• Procure equipment, and other supplies as needed for the project.
• Issue contracts for services, personnel, and consultants as needed for the
project.
• If applicable, make payments for services, including for hours worked and
travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in
performing the Scope of Work and activities specified in the Grantee’s application. The
Grantee shall request the distribution of grant funding consistent with its proposal and
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the budget worksheet that was included with the application. Under no circumstances
shall payments exceed the total grant amount identified in this Agreement.
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and
financial reports on the progress and activities of the project, to the California
State Library, using the sample report documents provided by the California
State Library.
2. All the reports must be current, include all required sections and documents, and
must be approved by the Grant Monitor before any payment request can be
processed. Failure to comply with the specified reporting requirements may be
considered a breach of this Agreement and result in the termination of the
Agreement or rejection of the payment request and/or forfeiture by the Grantee
of claims for costs incurred that might otherwise have been eligible for grant
funding. Any problems or delays must be reported immediately to the Grant
Monitor. The financial reports shall reflect the expenditures made by the
Grantee under the Agreement and may be incorporated into the same
reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
2/1/2024 –
5/31/2024
1st Financial and Mid Project Narrative
Report Due
6/20/2024
Summer 2024 LATL Annual Outputs Survey (Reporting on
all outputs thus far)
9/19/2024
6/1/2024 –
9/30/2024
2nd Financial and Mid Project Narrative
Report Due
10/17/2024
10/1/2024 –
1/31/2025
Final Financial Report, Expenditure Detail
Report and Final Narrative Report Due
2/20/2025
4. Failure to submit timely reports with the appropriate documentation by the due
date may result in rejection of the payment request and/or forfeiture by the
Grantee of claims for costs incurred that might otherwise have been eligible for
grant funding.
5. The Grantee agrees to maintain records and supporting documentation
pertaining to the performance of this grant, subject to possible audit for a
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minimum of five (5) years after final payment date or grant term end date,
whichever is later. Please refer to Exhibit A, Terms and Conditions for more
information.
6. In addition to the foregoing, the Grantee shall submit to the State Library such
periodic reports, updates, documents and any information as deem necessary
by the State Library to monitor compliance and/or perform program
evaluation. Any requested data or information shall be submitted in electronic
format on a form specified by the State Library.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the
payment schedule only if all requirements for claiming the funds as outline in this
document have been met, and only for those activities and costs specified in
the approved award application.
2. The Grantee shall complete, sign, and submit Certification of Compliance form
(Exhibit B) and the Financial Claim form (included in your award packet), to the
California State Library within 14 days of receiving this award packet. These forms
will be issued, signed, and submitted using the online signature and agreement
platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices
and policies of the local jurisdiction. If the use of DocuSign is not acceptable to
your organization, please contact your grant monitor regarding alternate
options.
3. Any of the sums appearing under the categories in the approved budget may
be adjusted with prior authorization from the California State Library Grant
Monitor. This would be to increase the allotment with the understanding that
there will be corresponding decreases in the other allotments so that the total
amount paid by the California State Library to the Grantee under this Agreement
shall not exceed the awarded amount, which shall be expended/encumbered
during the grant period.
4. If the payment amount made by the California State Library exceeds the actual
expenses incurred during the term of this Agreement, as reflected in the financial
reports to be filed by the Grantee, the Grantee shall immediately refund the
excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s
responsibility to pay all contractors and subcontractors for purchased goods and
services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the
California State Library until all conditions agreed upon in this Agreement,
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including submission and grant monitor approval of the interim and final
narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance
with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant
payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any
subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall no longer be in full force
and effect. In this event, the California State Library shall have no liability to
pay any funds whatsoever to the Grantee or to furnish any other
considerations under this Agreement and the Grantee shall not be obligated
to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this Program, the California State Library shall have the option to
either cancel this Agreement with no liability occurring to itself or offer an
Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible
to both the general public and state employees, including persons with
disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all
project materials generated by state funded programs must meet the California
Accessibility Standards. Additionally all project materials designed, developed, and
maintained shall be in compliance with the California Government Code, sections
7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent
version, as published by the Web Accessibility Initiative of the World Wide Web
Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance
to meet these standards, please still submit it to the State Library. When submitting
the material make sure to note that the material is not accessible by including “NOT
ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website
that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be
acknowledged in all promotional materials and publications related to the Lunch at
the Library Summer 2024 Opportunity.
a. Grant award recipients must ensure that the State of California receives full
credit as the source of funds and that the California State Library, likewise, is
acknowledged as the administrator.
b. Publications and information releases about the project must credit the State
of California. An appropriate statement for a publication or project press
release is:
“This [publication/project] was supported in whole or in part by
funding provided by the State of California, administered by the
California State Library.”
Grantees must include the above statement in any publications, vehicle
wraps, and promotional materials, including websites. If space is limited the
State Library logo and the following shortened acknowledgement statement
is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to
foster support from the public, and state funding sources.
d. California State Library Logo: Use of the California State Library logo, which
can be downloaded on the California State Library website, is required on
any publication, vehicle wrap, or promotional material along with the above
statement(s).
e. Photo Documentation: Digital photos are a great way to document the
happenings of your project. It is recommended that you use a photo release
form when taking photos of the public. You may use your library’s photo
release form, or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and
employees shall act in an independent capacity and not as officers, employees
or agents of the California State Library. The Grantee is solely responsible for all
activities supported by the grant. Nothing in this Agreement creates a
partnership, agency, joint venture, employment, or any other type of relationship
between the parties. The Grantee shall not represent itself as an agent of the
California State Library for any purpose, and has no authority to bind the State
Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is
binding on any of the parties. This Agreement may be amended, modified or
augmented by mutual consent of the parties, subject to the requirements and
restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings
concerning the validity and operation of this Agreement and the performance
of the obligations imposed upon the parties hereunder. The parties hereby
waive any right to any other venue. The place where the Agreement is entered
into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this
Agreement or delegate its performance to any third-party person or entity, either
in whole or in part, without the California State Library’s prior written consent. The
provisions of this Agreement shall be binding upon and inure to the benefit of the
California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library,
the Department of General Services, the State Auditor, or their designated
representatives shall have the right to review, audit, inspect and copy any
records and supporting documentation pertaining to the performance of this
Agreement. The Grantee agrees to maintain such records for possible audit for
a minimum of five (5) years after the final payment, or grant term end date,
whichever is later, unless a longer period of records retention is stipulated, or until
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completion of any action and resolution of all issues which may arise as a result
of any litigation, dispute, or audit, whichever is later. The Grantee agrees to
allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information
related to such records. Further, the Grantee agrees to include a similar right of
the State to audit records and interview staff in any subcontract related to
performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive
bids, grant amendments, if any, relating to the budget or work plan, copies of
any agreements with contractors or subcontractors if utilized, expenditure
ledger, payroll register entries, time sheets, personnel expenditure summary form,
travel expense log, paid warrants, contracts and change orders, samples of
items and materials developed with grant funds, invoices and/or cancelled
checks.
8. Authorized Representative: Grantee and the California State Library mutually
represent that their authorized representatives have the requisite legal authority
to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim
check-in at any time during the grant term, shall be directed to the respective
grant manager or representative of the California State Library or Grantee. For
this purpose, the following contact information is provided below:
City of San Bernardino Public
Library
Ed Erjavek
555 West 6th Street
San Bernardino, CA 92336
909-381-8210
erjavek.ed@sbpl.org
California State Library
Lisa Lindsay
900 N Street
Sacramento, CA 95814
916.603.6708
lisa.lindsay@library.ca.gov
1. Confidentiality: Grantee will maintain as confidential any material it receives or
produces that is marked Confidential or is inherently confidential or is protected
by privilege. Grantee agrees to alert the State Library to this status in advance,
and State Library agrees to maintain this status in conformity with the Public
Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or
otherwise shall create any contractual relation between the State and any
contractor or subcontractors, and no contract or subcontract shall relieve the
Grantee of his or her responsibilities and obligations hereunder. The Grantee
agrees to be as fully responsible to the State for the acts and omissions of its
contractors, subcontractors, volunteers, student interns and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions
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of persons directly employed by the Grantee. The Grantee’s obligation to pay its
contractors and subcontractors is an independent obligation from the State’s
obligation to make payments to the Grantee. As a result, the State shall have no
obligation to pay or to enforce the payment of any monies to any contractor or
subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable
material from any original works that it creates within the scope of this
Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et
seq.) Grantee is responsible for obtaining any necessary licenses, permissions,
releases or authorizations to use text, images, or other materials owned,
copyrighted, or trademarked by third parties and for extending such licenses,
permissions, releases, or authorizations to the California State Library pursuant to
this section. Also, the California State Library may upload, post or transmit
copyrighted material produced or purchased with grant funds on a California
State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement
shall be deemed discharged only upon acceptance of the final report by
California State Library. If the Grantee is a non-profit entity, the Grantee’s Board
of Directors shall accept and certify as accurate the final report prior to its
submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem
informally with the Grant Monitor. If unresolved, the Grantee shall file a written
“Notice of Dispute” with the State Library Grant Monitor within ten (10) days of
discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall
meet with the Grantee for purposes of resolving the dispute. Any dispute arising
under the terms of this Agreement which is not disposed of within a reasonable
period of time, the Grantee may bring it to the attention of the State Librarian or
the designated representative. The decision of the State Librarian or designated
representative shall be final. Unless otherwise instructed by the Grant Monitor,
the Grantee shall continue with its responsibilities under this Agreement during
any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the
laws of California, that the Grantee will comply with the requirements of the
Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a
drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of
the following:
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1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace;
3) Any available counseling, rehabilitation and employee assistance
programs.
4) Penalties that may be imposed upon employees for drug abuse
violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy
statement.
2) Agrees to abide by the terms of the Grantee’s statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and grantee may
be ineligible for award of any future state agreements if the California State
Library determines that the grantee has made a false certification or violated the
certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed
by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or
written, made with respect to the subject hereof and, together with all
attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California State
Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with
Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia
and Russian entities and individuals. “Economic Sanctions” refers to sanctions
imposed by the U.S. government in response to Russia’s actions in Ukraine, as well
as any sanctions imposed under state law. The EO directs state agencies to
terminate grant agreements with, and to refrain from entering any new grant
agreements with, individuals or entities that are determined to be a target of
Economic Sanctions. Accordingly, should the State determine Grantee is a
target of Economic Sanctions or is conducting prohibited transactions with
sanctioned individuals or entities, that shall be grounds for termination of this
agreement. The State shall provide Grantee advance written notice of such
termination, allowing Grantee at least 30 calendar days to provide a written
response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for
good cause. The Grantee’s request for an extension of the grant period must be
made in writing and received by the California State Library at least 30 days prior
to the final deadline.
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12. Failure to Perform: The grant being utilized by the Grantee is to benefit the
Lunch at the Library Summer 2024 Opportunity. If the Grant Monitor determines
the Grantee has not complied with this Agreement, the Grantee may forfeit the
right to reimbursement of any grant funds not already paid by the California
State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from
Grantee’s payments or make FICA payments on the Grantee’s behalf;
or
b. Make Federal or State unemployment insurance contributions on
Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments
Grantee shall pay all taxes required on payments made under this Agreement
including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its
contractors, vendors, or subcontractors, if any, shall be responsible hereunder for
any delay, default, or nonperformance of this Agreement, to the extent that
such delay, default, or nonperformance is caused by an act of God, weather,
accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other
contingencies unforeseen by the California State Library or the Grantee, its
contractors, vendors, or subcontractors, and beyond the reasonable control of
such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant
funds are not expended, or have not been expended, in accordance with this
Agreement, the State Librarian or designee, at his or her sole discretion, may
take appropriate action under this Agreement, at law or in equity, including
requiring the Grantee to forfeit the unexpended portion of the grant funds,
including, but not limited to, the ten percent (10%) withhold, and/or to repay to
the California State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its
employees and contract personnel are eligible to participate in any employee
pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the
State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use
Generally Accepted Accounting Principles in documenting all grant
expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant
progress, and reviewing and approving Grant Payment Requests and other
documents delivered to the California State Library pursuant to this Agreement.
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The Grant Monitor may monitor Grantee performance to ensure Grantee
expends grant funds appropriately and in a manner consistent with the terms
and conditions contained herein. The Grant Monitor does not have the authority
to approve any deviation from or revision to the Terms and Conditions (Exhibit A)
or the Procedures and Requirements unless such authority is expressly stated in
the Procedures and Requirements.
19. Grantee: the government or legal entity to which a grant is awarded and which
is accountable to the California State Library for the use of the funds provided.
a. The grantee will make reports to the State Librarian in such form and
containing such information as may be required to ensure the proper
used of funds consistent with the grantee’s application and award
agreement. The grantee will keep such records and afford such access as
the California State Library may find necessary to assure the correctness
and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable
for the manner in which the grant funds are utilized and accounted for and the
way the grant is administered, even if the Grantee has contracted with another
organization, public or private, to administer or operate its grant program. In the
event an audit should determine that grant funds are owed to the California
State Library, the Grantee is responsible for repayment of the funds to the
California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing
funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this
Agreement in an independent manner, at any location and at any time within
the agreed-upon timeline. Grantee’s employees or contract personnel shall
perform all services required by this Agreement, but their time need not be
devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish
all equipment and materials used to meet its obligations, and complete the
Project. The State Library shall not provide any personnel or other resources
beyond the grant award, and is not required to provide training in connection
with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless the
State of California, the California State Library and its officers, employees, and
agents, from any and all claims, losses, and liabilities accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers and any other person, firm
or corporation furnishing or supplying work services, materials, or supplies in
connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who
may be injured or damaged by Grantee in the performance of this Agreement.
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24. License to Use: The California State Library reserves a fully paid-up, royalty-free,
nonexclusive, sub-licensable and irrevocable license to reproduce, publish,
prepare derivative works, distribute or otherwise use, and to authorize third
parties to use, any material received or maintained by Grantee in connection
with this Agreement. This includes intellectual property, with or without third-
party rights. All such usages will be for public library and State governmental
purposes:
a. The copyright in any work developed under this grant, sub-grant, or
contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor
purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the
grantee’s approved budget and with applicable State laws and regulations. The
total amount paid by the California State Library to the Grantee under this
agreement shall not exceed $8,900 and shall be expended/encumbered in the
designated award period.
During the award period, the grantee may find that the awarded budget may
need to be modified. Budget changes, requests for additional funds, or requests
for reductions in award funding must be discussed with the assigned State Library
Grant Monitor and a Grant Award Modification may be required to be
submitted according to the instructions. Approval is by the State Librarian or their
designee. Adjustments should be reported on the next financial report. Any
adjustments in approved budgets must be documented and documentation
retained in project accounts.
26. Lobbying: Grantee confirms that the grant funds will not be used for the
purposes of lobbying or otherwise attempting to influence legislation, as those
purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the
Grantee’s contractors, and subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, age, sexual orientation, or military and veteran status. Grantee shall insure
that the evaluation and treatment of contractors, employees and applicants for
employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall
comply with the provisions of the Fair Employment and Housing Act (Gov. Code
§12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2,
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§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of
the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or
standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights
and the California State Library upon reasonable notice at any time during the
normal business hours, but in no case less than 24 hours’ notice, to such of its
books, records, accounts, and all other sources of information and its facilities as
said Department or the California State Library shall require ascertaining
compliance with this clause. Grantee, and its contractors, and subcontractors
shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.
(See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-
discrimination and compliance provisions of this clause in all contracts and
subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this
Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address
of the recipient known to the party giving notice. Notice is effective
upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification
will be sent to the last e-mail address of the recipient known to the party
giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California
State Library’s Grants Management System a notification will be sent to
the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address
as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage
prepaid, and addressed to recipient’s address as stated in this
Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted
in accordance with the Terms and Conditions, Procedures and Requirements,
Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of
this Agreement, or other combination of exhibits specified on the Grant
Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application)
is hereby incorporated herein by this reference. In the event of conflict or
inconsistency between the articles, exhibits, attachments, specifications or
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provisions that constitute this Agreement, the following order of precedence shall
apply:
a. Grant Agreement Coversheet and any Amendments thereto
b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline)
g. All other attachments hereto, including any that are incorporated by
reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated
herein by this reference and states the maximum amount of allowable
costs for each of the tasks identified in the Project Summary and Activity
Timeline included in the project application. California State Library shall
provide funding to the Grantee for only the work and tasks specified in the
Grantee’s Application at only those costs specified in the Budget and
incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the
Grantee’s Application in accordance with the approved Budget and
shall obtain the Grant Monitor’s written approval of any changes or
modifications to the Work Plan, approved project as described in the
Grantee’s Application, or the approved Budget prior to performing the
changed work or incurring the changed cost. If the Grantee fails to obtain
such prior written approval, the State Librarian or designee, at his or her
sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule
included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if
applicable) and paid at the end of the grant term, when all reports and
conditions stipulated in this Agreement have been satisfactorily
completed. Failure by the grantee to satisfactorily complete all reports
and conditions stipulated in this Agreement may result in forfeiture of any
such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the
amounts authorized in the California State Administrative Manual (see
Exhibit C or contact the Grant Monitor for more information).
f. Payment will be made only to the Grantee.
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g. Reimbursable expenses shall not be incurred unless and until the grantee
receives a Notice to Proceed as described in the Procedures and
Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of
California for all proceedings concerning the validity and operation of this
Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a
defense to any and all proceedings concerning the validity and operation of this
Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds
must be computed based on actual time spent on grant-related activities and
on the actual salary or equivalent hourly wage the employee is paid for their
regular job duties, including a proportionate share of any benefits to which the
employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any
commitment by the State Library to make any other or further grants or
contributions to Grantee, or any other person or entity in connection with the
Project. It is mutually agreed that Grantee is responsible for furnishing funds
beyond the grant award that may be necessary to complete outcomes or
deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any non-
public, personal information that may be contained in materials received or
produced in connection with this Agreement, as required by Civil Code, section
1798, et. seq.
35. Prohibited Use: The expenditure under this program shall not be used to supplant
Grantee efforts in other grant programs provided by the California State Library.
36. Public Records Act: Material maintained or used by the California State Library is
considered “public record” under the Public Records Act (PRA) at Government
Code, sections 6250, et. seq. This includes the Interim and Final reports, and any
other written communications between the parties. Grantee agrees to ensure
that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected
during the term of the Agreement, will be subject to disclosure unless it qualifies
for exemption under the PRA in whole or in part. Grantee agrees to alert the
State Library as to a basis for exemption, if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any promotional
materials or publications resulting from the grant no later than five (5) days in
advance of distribution, whether they are print, film, electronic, or in any other
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format or medium. Copies of all promotional materials will be provided to the
State Library. Grantee will acknowledge the State Library’s support as noted
above. Grantee agrees that the State Library may include information about
this grant and its outcomes in its own annual reports, with specific reference to
Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts,
and invoices must be maintained by Grantee and shall be made available to
the State Library upon request. Grantee agrees to maintain adequate grant
program records and adequate financial records consistent with generally
accepted accounting practices, and to retain all records for at least five (5)
years after the end-of-term. The State Library may monitor or conduct an onsite
evaluation of Grantee’s operation to ensure compliance with this Agreement,
with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take
all reasonable steps to ensure that materials purchased or utilized in the course
of the project are not wasted. Steps should include, but not be limited to: the use
of used, reusable, or recyclable products; discretion in the amount of materials
used; alternatives to disposal of materials consumed; and the practice of other
waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek
reimbursement pursuant to this Agreement for a cost or activity that has been or
will be paid for through another funding source. The Grantee shall not seek
reimbursement for any costs used to meet cost sharing or matching requirements
of any other California State Library funded program.
41. Reports and Claims: It is the responsibility of the grantee make the required
reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library
Narrative Reports detailing progress and activities. The reports are due on
the dates specified in the reporting schedule detailed in the Procedures
and Requirements section.
b. The grantee shall be responsible for submitting to the State Library
Financial Reports reflecting grantee expenditure activity. The reports are
due on the dates specified in the reporting schedule detailed in the
Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims
provided by the State Library for that purpose, on each of the following
mentioned dates for payment, and the California State Library agrees to
reimburse the Library as soon thereafter as State fiscal procedures will
permit.
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d. The final 10% of the grant award (if applicable) is payable only upon
approval of all final reports and receipt of claim form. Failure to provide
timely reports is a serious breach of an award recipient’s administrative
duty under the award.
e. Payment will be provided to cover the expenditures incurred by the
grantee for the project in the following manner:
o $8,900 upon execution of the agreement and submission of claim by
the grantee organization.
o If applicable, second payment will be made after the submission and
approval of the first reports and receipt of claim form in the amount of
$-
o If applicable, final payment will be made upon approval of all final
reports and receipt of claim form in the amount of $-.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which
reimbursement pursuant to this Agreement is sought shall be the result of arm’s-
length transactions and not the result of, or motivated by, self-dealing on the
part of the Grantee or any employee or agent of the Grantee. For purposes of
this provision, “arm’s-length transactions” are those in which both parties are on
equal footing and fair market forces are at play, such as when multiple vendors
are invited to compete for an entity’s business and the entity chooses the lowest
of the resulting bids. “Self-dealing” is involved where an individual or entity is
obligated to act as a trustee or fiduciary, as when handling public funds, and
chooses to act in a manner that will benefit the individual or entity, directly or
indirectly, to the detriment of, and in conflict with, the public purpose for which
all grant monies are to be expended.
43. Severability: If any part of this Agreement is found to be unlawful or
unenforceable, such provisions will be voided and severed from this Agreement,
but the remainder of the provisions in the Agreement will remain in full force and
effect.
44. Site Visits: The Grantee shall allow the California State Library to access and
conduct site visits, with reasonable notice, at which grant funds are expended
and related work being performed at any time during the performance of the
work and for up to ninety (90) days after completion of the work, or until all issues
related to the grant project have been resolved. A site visit may include, but not
be limited to, monitoring the use of grant funds, provide technical assistance
when needed, and to visit the State funded project.
45. Termination: The Agreement shall be subject to termination by the State
Librarian or designee upon notice to the Grantee at least thirty (30) days prior to
the effective date of termination. In the event this agreement is terminated, the
Grantee shall deliver to the State Librarian copies of all reports, accounting,
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data, and materials prepared up to the date of termination. The State Librarian
shall determine and pay the Grantee for necessary and appropriate
expenditures and obligations up to the date of termination which have not been
covered by prior installments previously paid to the Grantee. Upon such
termination, the unused portion of the grant award must be returned to the
California State Library within 45 days. If funding has been advanced to the
Grantee, any unobligated balances, as determined by the State Librarian, shall
be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed
between the parties that the grant application and the timeline included therein
are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or
unaccounted for funds to the State Library, or to submit a written request for an
extension of the grant period. Funds will be considered unexpended or
unaccounted if they were: (1) not used for their intended purpose, or (2) used
inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the
proposal outcomes or deliverables are materially incomplete by the end-of-term
or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: California State Library shall not be deemed to have waived
any rights under this Agreement unless such waiver is given in writing and signed
by California State Library. No delay or omission on the part of California State
Library in exercising any rights shall operate as a waiver of such right or any other
right. A waiver by California State Library of a provision of this Agreement shall
not prejudice or constitute a waiver of California State Library’s right otherwise to
demand strict compliance with that provision or any other provision of this
Agreement. No prior waiver by California State Library, nor any course of
dealing between California State Library and Grantee, shall constitute a waiver
of any of California State Library’s rights or of any of grantee’s obligations as to
any future transactions. Whenever the consent of California State Library is
required under this Agreement, the granting of such consent by California State
Library in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of all
final products identified in the Work Plan and Application. Grantee shall also
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provide the State Library with copies of all public education and advertising
material produced pursuant to this Agreement.
50. Worker’s Compensation: The State of California will not provide Workers’
Compensation insurance for Grantee or Grantee’s employees or contract
personnel. If Grantee hires employees to perform services required by this
Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every
employer to be insured against liability for Workers’ Compensation or to
undertake self-insurance in accordance with the Labor Code, and the Grantee
agrees to comply with such provisions before commencing the performance of
the work of this Agreement.
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named
below is the legally designated representative of the Grantee for this Grant
Agreement and project and is authorized to receive and expend funds in order
to administer this grant program.
2. I certify that all information provided to the California State Library for review in
association with this award is correct and complete to the best of my
knowledge, and as the authorized representative of the Grantee, I commit to
the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program
have agreed to the terms of the application/grant award and have entered into
an agreement(s) concerning the final disposition of equipment, facilities, and
materials purchased for this program from the funds awarded for the activities
and services described in the attached, as approved and/or as amended in the
application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the
Grantee will comply with all applicable requirements of State and Federal laws,
regulations, and policies governing this program, to include the requirements
listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the
California State Library, for an award of funds in the amount $8,900. This award
will provide library services as set forth in the Project Application as approved
and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the
non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR,
Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-
free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
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1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free
workplace;
3) any available counseling, rehabilitation and employee assistance
programs; and,
4) penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy
statement; and,
2) agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and Grantee
may be ineligible for award of any future State agreements if the department
determines that any of the following has occurred: the Grantee has made false
certification or violated the certification by failing to carry out the requirements
as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions
regarding current or former state employees. If Grantee has any questions on
the status of any person rendering services or involved with the Agreement, the
California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives compensation or
has a financial interest, and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a
condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or
services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment,
no former state officer or employee may enter into a contract in which he
or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision-making process relevant to the
contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state
employment, no former state officer or employee may enter into a
contract with any state agency if he or she was employed by that state
agency in a policy-making position in the same general subject area as
the proposed contract within the 12-month period prior to his or her
leaving state service.
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If Grantee violates any provisions of above paragraphs, such action by Grantee
shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or
commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions,
and Grantee affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or
other local public body must provide the State with a copy of a resolution, order,
motion, or ordinance of the local governing body which by law has authority to
enter into an agreement, authorizing execution of the agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the
requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace
(Financial Assistance)). In particular, the recipient must comply with drug-
free workplace requirements in subpart B of 2 C.F.R. part 3186, which
adopts the Government-wide implementation (2 C.F.R. part 182) of
sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690,
Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a
continuing basis, to maintain a drug-free workplace; publishing a drug-
free workplace statement; establishing a drug-free awareness program
for the employees; taking actions concerning employees who are
convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the certification
section below, and all program staff, will ensure all project materials will meet
California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the
certification section below, and all program staff, agree to comply with all
California non-discrimination laws.
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16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the
certification section below, and all program staff, agree to comply with
California State Library acknowledgement requirements.
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Certification
ORGANIZATION
Name: City of San Bernardino Public Library Address (official and complete): 555 West 6th
Street, San Bernardino, CA, 92336
PROJECT COORDINATOR
Name: Nikki Villalobos
Email: villalobos.nik@sbpl.org Phone: 909-381-8238
GRANTEE AUTHORIZED REPRESENTATIVE
Name: Ed Erjavek Title: Library Director
Email: erjavek.ed@sbpl.org Phone: 909-381-8210
Signature: Date:
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Authorized Representative Signature
ORGANIZATION
Name: City of San Bernardino Public Library Address (official and complete): 555 West 6th Street,
San Bernardino, CA, 92336
AUTHORIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Ed Erjavek Title: Library Director
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814
Signature: Date:
Printed Name of Person Signing: Greg
Lucas
Title: California State Librarian
DocuSign Envelope ID: ABFBACF6-3738-4AA7-BE06-9034EB69F4C9
2/5/2024
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EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources
Please Check State of California, Department of Human Resources Website for
updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Mileage:
Rate subject to change
$0.67 per mile – approved business/travel expense
Meals:
Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental
charge may be claimed once for every 24-hour period and should cover incidental
expenses, such as but not limited to, tip, baggage handling, etc.
Hotel:
Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below
$ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well
as three print-out hotel quotes. Actual receipt must be
included with authorization and additional quotes.
Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please
contact your grant monitor to obtain an excess lodging form. This form must be
approved prior to actual travel.
AIRLINE TICKETS:
Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be
reimbursed. Business, First Class, or Early Bird Check-in fee
is not an approved reimbursable expense.
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April 25, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in
Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California
State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding
sanctions in response to Russian aggression in Ukraine. The EO is located at
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take
certain immediate steps, including notifying all contractors and grantees of their obligations to
comply with existing economic sanctions imposed by the U.S. government in response to Russia's
actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance
with the economic sanctions imposed in response to Russia’s actions in Ukraine is required,
including with respect to, but not limited to, the federal executive orders identified in the EO and the
sanctions identified on the U.S. Department of the Treasury website
(https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-
information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of
contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification
will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
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LUNCH AT THE LIBRARY PROGRAM
FINANCIAL CLAIM
1st PAYMENT
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein;
that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and
that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee
discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address,
please contact Fiscal Services at stategrants.fiscal@library.ca.gov.
State of California, State Library Fiscal Office
ENY: 2023 ITEM NO: 6120-140-0001, Chapter 12, Statutes of 2023
PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000
COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: LATL23-57A Date:
Invoice #:
LATL23-57A-01 PO #:
7224
Payee Name: City of San Bernardino
(Legal name of authorized agency to receive, disburse and account for funds*)
Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address)
Amount Claimed: $8,900 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: City of San Bernardino Public Library ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: Lunch at the Library Summer 2024 ☐ AUGMENT
For Period From: upon execution to end of grant period
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In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return)
BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above)
MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2)
CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL
☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual
☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must
match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.
•
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an
SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may
not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the
sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB
prefers SSN).
For Single Member LLC (disregarded entity), in which the sole member is a
business entity, enter the owner entity’s FEIN. Do not use the disregarded
entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership,
estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ -___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ -___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.
☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.
☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS
SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)
CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset FormDocuSign Envelope ID: ABFBACF6-3738-4AA7-BE06-9034EB69F4C9
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a
payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from
multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required
payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099)
are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when
applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return.
• Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the
individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name.
• Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level.
• Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match
to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement
to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for…
Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual
Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual
Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships
Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust
Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery
care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature
Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal
or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature
Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt
Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC
that is to be taxed as a Corporation and does not meet any of the other corporation types listed above
Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer
Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of
Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in
California.
• A partnership is considered a resident partnership if it has a permanent place of business in California.
• An estate is a resident if the decedent was a California resident at time of death.
• A trust is a resident if at least one trustee is a California resident.
o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and
any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose
that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short
duration will be considered a nonresident.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov
For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is
provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can
provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to
disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority
such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the
requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the
right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the
accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
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Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
February 16, 2024
Ed Guerrero
City of San Bernardino Public Library
555 West 6th Street
San Bernardino, CA, 92410
Subject: Lunch at the Library Summer 2024
Dear Mr. Erjavek:
This letter confirms the California State Library’s award of $8,900 to the City of San
Bernardino Public Library for Lunch at the Library Summer 2024.
The Lunch at the Library program makes it possible for public libraries to:
Provide free summer meals and programming at library sites,
Take pop-up libraries to other community-based meal sites,
Connect children, teens, and families to locally sourced, sustainable food
and provide hands-on food education activities,
Create volunteer opportunities for teens, and
Implement innovative solutions to connect more families with nutritious meals
during the summer.
Thank you for being a part of this important work.
City of San Bernardino Public Library will receive $8,900 of the award upon
execution and approval of the grant agreement, certification, and claim forms. The
remaining funding (if applicable) will be made available according to the payment
schedule and upon the awardee’s completion of the requirements listed in the
Grant Agreement and Certification of Compliance document included with this
award packet.
Hard copies of this correspondence will not follow. Therefore, please keep this
correspondence for your files and consider these award materials your original
documents.
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2023 Lunch at the Library
LATL23-57A
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Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
This grant is governed by the attached Grant Agreement and Certification of
Compliance, which includes the project period, reporting requirements, payment
schedule, and the proposal outlining the project plan and budget. Within the
DocuSign system, please sign the claim and certification forms included in the
award packet using the DocuSign system. Should you have any questions regarding
using DocuSign please get in touch with your grant monitor.
There are two people assigned to your project. The first is your Grant Monitor.
Contact them regarding compliance and reporting. The Grant Monitor assigned to
your project is Lisa Lindsay. Contact Lisa via email at lisa.lindsay@library.ca.gov.
You are also assigned a Library Programs Consultant for ongoing programmatic
support. The Library Programs Consultant assigned to your project is Kaela Villalobos.
Contact Kaela via email at kaela.villalobos@library.ca.gov.
Please stay in touch with your Grant Monitor and Library Programs Consultant
throughout the award period. Read the enclosed award packet thoroughly and
contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
Enclosures
CC: Gina Iwata
Yesenia Castellon
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THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.
Award #: LATL23-57A
Library/Organization: City of San Bernardino Public Library
Project Title: Lunch at the Library Summer 2024
Award Amount: $8,900
APPROVED BUDGET CORE PROGRAM
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $8,900
Equipment ($5,000 or more per unit) $0
Services (contracted) $0
Project Total $8,900
Indirect Cost $0
APPROVED BUDGET INNOVATION
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $0
Equipment ($5,000 or more per unit) $0
Services (contracted) $0
Project Total $0
Indirect Cost $0
APPROVED BUDGET TOTAL
Grant Total $8,900
Payment Schedule IN FULL
Start Date: 2/1/2024
End Date: 1/31/2025
Please understand that it can take six to eight weeks to receive a fully executed
claim form with no errors before grant funds are delivered. Therefore, if you have
not received your payment after eight weeks, please contact your grant monitor.
REPORTING
As outlined in the grant terms and conditions, Jurisdiction is required to provide two
financial and narrative reports (first reports due 6/20/2024; second reports due 10/17/2024;
final reports and detailed expenditures due 2/20/2025); and updates upon request. In
addition, the LATL Annual Outputs Survey (reporting on all outputs thus far) must be
submitted by 9/19/2024. Required reports will be available on the State Library’s Lunch at
the Library website under Evaluation.
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Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the
payment schedule laid out in the Grant Term and Award Documentation. Ten percent (10%) of
the full grant award is withheld until the end of the project period. It is payable only if the grant
recipient fulfills all project reporting requirements and expends all funds, or returns all unspent
grant funds, by the time specified in the grant terms and conditions.
CONTACT
We want your project to be successful. Please work with the grant monitor and library
programs consultant in implementing your project:
Grant
Monitor
Lisa Lindsay Library Programs
Consultant
Kaela Villalobos
Phone 916.603.6708 Phone 279.399.8977
Email lisa.lindsay@library.ca.gov Email kaela.villalobos@library.ca.gov
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In Process
STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
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TABLE OF CONTENTS
PROJECT SUMMARY ....................................................................................... Error! Bookmark not defined.
PROCEDURES and REQUIREMENTS ............................................................... Error! Bookmark not defined.
A. Term of the Agreement ......................................................................... Error! Bookmark not defined.
B. Scope of Work ........................................................................................ Error! Bookmark not defined.
C. Budget Detail ......................................................................................... Error! Bookmark not defined.
D. Narrative and Financial Reports ............................................................ Error! Bookmark not defined.
E. Claim Form and Payment ....................................................................... Error! Bookmark not defined.
EXHIBIT A: TERMS and CONDITIONS .............................................................. Error! Bookmark not defined.
EXHIBIT B: CERTIFICATION of COMPLIANCE FORM ....................................... Error! Bookmark not defined.
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and City of San Bernardino
Public Library for the Lunch at the Library Summer 2024 project.
AWARD AGREEMENT NUMBER LATL23-57A
This Award Agreement (“Agreement”) is entered into on 2/1/2024 by and
between the California State Library (“State Library”) and City of San Bernardino
Public Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded Lunch at the
Library Summer 2024 project.
The Library Development Services Bureau (“LDS”) of the State Library
administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds
in the amount of $8,900 through the process adopted by the State Library in
administering such grants.
The State Library and the Grantee, for the consideration and under the
conditions hereinafter set forth in the Grant Agreement, agree as follows:
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until
1/31/2025. If completion of the project occurs prior to the end of the grant period this
will be the end date of the term of this agreement. Grant eligible program
expenditures may begin no earlier than the start date. The project period ends on
1/31/2025 and all eligible program costs must be incurred by this date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s
application and submitted to the State Library in response to the Lunch at the
Library Summer 2024 Opportunity.
2. The following activities and deliverables to be performed by the Grantee
include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are
consistent with Generally Acceptable Accounting Practices (GAAP).
• Make financial records available to the State Library upon request.
• Work with the State Library staff to assure that funds are disbursed in
compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports.
• Procure equipment, and other supplies as needed for the project.
• Issue contracts for services, personnel, and consultants as needed for the
project.
• If applicable, make payments for services, including for hours worked and
travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in
performing the Scope of Work and activities specified in the Grantee’s application. The
Grantee shall request the distribution of grant funding consistent with its proposal and
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the budget worksheet that was included with the application. Under no circumstances
shall payments exceed the total grant amount identified in this Agreement.
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and
financial reports on the progress and activities of the project, to the California
State Library, using the sample report documents provided by the California
State Library.
2. All the reports must be current, include all required sections and documents, and
must be approved by the Grant Monitor before any payment request can be
processed. Failure to comply with the specified reporting requirements may be
considered a breach of this Agreement and result in the termination of the
Agreement or rejection of the payment request and/or forfeiture by the Grantee
of claims for costs incurred that might otherwise have been eligible for grant
funding. Any problems or delays must be reported immediately to the Grant
Monitor. The financial reports shall reflect the expenditures made by the
Grantee under the Agreement and may be incorporated into the same
reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
2/1/2024 –
5/31/2024
1st Financial and Mid Project Program
Narrative Report Due
6/20/2024
Summer 2024 LATL Annual Outputs Report (Reporting on
all outputs thus far)
9/19/2024
6/1/2024 –
9/30/2024
2nd Financial and Mid Project Program
Narrative Report Due
10/17/2024
10/1/2024 –
1/31/2025
Final Financial Report, Expenditure Detail
Report and Final Program Narrative Report
Due
2/20/2025
4. Failure to submit timely reports with the appropriate documentation by the due
date may result in rejection of the payment request and/or forfeiture by the
Grantee of claims for costs incurred that might otherwise have been eligible for
grant funding.
5. The Grantee agrees to maintain records and supporting documentation
pertaining to the performance of this grant, subject to possible audit for a
minimum of five (5) years after final payment date or grant term end date,
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whichever is later. Please refer to Exhibit A, Terms and Conditions for more
information.
6. In addition to the foregoing, the Grantee shall submit to the State Library such
periodic reports, updates, documents and any information as deem necessary
by the State Library to monitor compliance and/or perform program
evaluation. Any requested data or information shall be submitted in electronic
format on a form specified by the State Library.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the
payment schedule only if all requirements for claiming the funds as outline in this
document have been met, and only for those activities and costs specified in
the approved award application.
2. The Grantee shall complete, sign, and submit Certification of Compliance form
(Exhibit B) and the Financial Claim form (included in your award packet), to the
California State Library within 14 days of receiving this award packet. These forms
will be issued, signed, and submitted using the online signature and agreement
platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices
and policies of the local jurisdiction. If the use of DocuSign is not acceptable to
your organization, please contact your grant monitor regarding alternate
options.
3. Any of the sums appearing under the categories in the approved budget may
be adjusted with prior authorization from the California State Library Grant
Monitor. This would be to increase the allotment with the understanding that
there will be corresponding decreases in the other allotments so that the total
amount paid by the California State Library to the Grantee under this Agreement
shall not exceed the awarded amount, which shall be expended/encumbered
during the grant period.
4. If the payment amount made by the California State Library exceeds the actual
expenses incurred during the term of this Agreement, as reflected in the financial
reports to be filed by the Grantee, the Grantee shall immediately refund the
excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s
responsibility to pay all contractors and subcontractors for purchased goods and
services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the
California State Library until all conditions agreed upon in this Agreement,
including submission and grant monitor approval of the interim and final
narrative and financial reports, have been satisfied.
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7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance
with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant
payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any
subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall no longer be in full force
and effect. In this event, the California State Library shall have no liability to
pay any funds whatsoever to the Grantee or to furnish any other
considerations under this Agreement and the Grantee shall not be obligated
to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this Program, the California State Library shall have the option to
either cancel this Agreement with no liability occurring to itself or offer an
Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible
to both the general public and state employees, including persons with
disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all
project materials generated by state funded programs must meet the California
Accessibility Standards. Additionally all project materials designed, developed, and
maintained shall be in compliance with the California Government Code, sections
7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent
version, as published by the Web Accessibility Initiative of the World Wide Web
Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance
to meet these standards, please still submit it to the State Library. When submitting
the material make sure to note that the material is not accessible by including “NOT
ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website
that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be
acknowledged in all promotional materials and publications related to the Lunch at
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a. Grant award recipients must ensure that the State of California receives full
credit as the source of funds and that the California State Library, likewise, is
acknowledged as the administrator.
b. Publications and information releases about the project must credit the State
of California. An appropriate statement for a publication or project press
release is:
“This [publication/project] was supported in whole or in part by
funding provided by the State of California, administered by the
California State Library.”
Grantees must include the above statement in any publications, vehicle
wraps, and promotional materials, including websites. If space is limited the
State Library logo and the following shortened acknowledgement statement
is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to
foster support from the public, and state funding sources.
d. California State Library Logo: Use of the California State Library logo, which
can be downloaded on the California State Library website, is required on
any publication, vehicle wrap, or promotional material along with the above
statement(s).
e. Photo Documentation: Digital photos are a great way to document the
happenings of your project. It is recommended that you use a photo release
form when taking photos of the public. You may use your library’s photo
release form, or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and
employees shall act in an independent capacity and not as officers, employees
or agents of the California State Library. The Grantee is solely responsible for all
activities supported by the grant. Nothing in this Agreement creates a
partnership, agency, joint venture, employment, or any other type of relationship
between the parties. The Grantee shall not represent itself as an agent of the
California State Library for any purpose, and has no authority to bind the State
Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is
binding on any of the parties. This Agreement may be amended, modified or
augmented by mutual consent of the parties, subject to the requirements and
restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings
concerning the validity and operation of this Agreement and the performance
of the obligations imposed upon the parties hereunder. The parties hereby
waive any right to any other venue. The place where the Agreement is entered
into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this
Agreement or delegate its performance to any third-party person or entity, either
in whole or in part, without the California State Library’s prior written consent. The
provisions of this Agreement shall be binding upon and inure to the benefit of the
California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library,
the Department of General Services, the State Auditor, or their designated
representatives shall have the right to review, audit, inspect and copy any
records and supporting documentation pertaining to the performance of this
Agreement. The Grantee agrees to maintain such records for possible audit for
a minimum of five (5) years after the final payment, or grant term end date,
whichever is later, unless a longer period of records retention is stipulated, or until
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completion of any action and resolution of all issues which may arise as a result
of any litigation, dispute, or audit, whichever is later. The Grantee agrees to
allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information
related to such records. Further, the Grantee agrees to include a similar right of
the State to audit records and interview staff in any subcontract related to
performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive
bids, grant amendments, if any, relating to the budget or work plan, copies of
any agreements with contractors or subcontractors if utilized, expenditure
ledger, payroll register entries, time sheets, personnel expenditure summary form,
travel expense log, paid warrants, contracts and change orders, samples of
items and materials developed with grant funds, invoices and/or cancelled
checks.
8. Authorized Representative: Grantee and the California State Library mutually
represent that their authorized representatives have the requisite legal authority
to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim
check-in at any time during the grant term, shall be directed to the respective
grant manager or representative of the California State Library or Grantee. For
this purpose, the following contact information is provided below:
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City of San Bernardino Public Library
Ed Erjavek
555 West 6th Street
San Bernardino, CA, 92410
909-381-8210 erjavek.ed@sbpl.org
California State Library
Lisa Lindsay
900 N Street
Sacramento, CA 95814]
916.603.6708 lisa.lindsay@library.ca.gov
1. Confidentiality: Grantee will maintain as confidential any material it
receives or produces that is marked Confidential or is inherently confidential
or is protected by privilege. Grantee agrees to alert the State Library to this
status in advance, and State Library agrees to maintain this status in
conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant
Agreement or otherwise shall create any contractual relation between the
State and any contractor or subcontractors, and no contract or
subcontract shall relieve the Grantee of his or her responsibilities and
obligations hereunder. The Grantee agrees to be as fully responsible to the
State for the acts and omissions of its contractors, subcontractors,
volunteers, student interns and of persons either directly or indirectly
employed by any of them as it is for the acts and omissions of persons
directly employed by the Grantee. The Grantee’s obligation to pay its
contractors and subcontractors is an independent obligation from the
State’s obligation to make payments to the Grantee. As a result, the State
shall have no obligation to pay or to enforce the payment of any monies to
any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or
copyrightable material from any original works that it creates within the
scope of this Agreement in accordance with the federal Copyright Act. (17
U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary
licenses, permissions, releases or authorizations to use text, images, or other
materials owned, copyrighted, or trademarked by third parties and for
extending such licenses, permissions, releases, or authorizations to the
California State Library pursuant to this section. Also, the California State
Library may upload, post or transmit copyrighted material produced or
purchased with grant funds on a California State Library website for public
access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this
Agreement shall be deemed discharged only upon acceptance of the final
report by California State Library. If the Grantee is a non-profit entity, the
Grantee’s Board of Directors shall accept and certify as accurate the final
report prior to its submission to California State Library.
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5. Dispute Resolution: In the event of a dispute, Grantee will discuss the
problem informally with the Grant Monitor. If unresolved, the Grantee shall
file a written “Notice of Dispute” with the State Library Grant Monitor within
ten (10) days of discovery of the problem. Within ten (10) days of receipt,
the Grant Monitor shall meet with the Grantee for purposes of resolving the
dispute. Any dispute arising under the terms of this Agreement which is not
disposed of within a reasonable period of time, the Grantee may bring it to
the attention of the State Librarian or the designated representative. The
decision of the State Librarian or designated representative shall be final.
Unless otherwise instructed by the Grant Monitor, the Grantee shall continue
with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under
the laws of California, that the Grantee will comply with the requirements of
the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will
provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about all
of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace;
3) Any available counseling, rehabilitation and employee assistance
programs.
4) Penalties that may be imposed upon employees for drug abuse
violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy
statement.
2) Agrees to abide by the terms of the Grantee’s statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of
payments under the Agreement or termination of the Agreement or both
and grantee may be ineligible for award of any future state agreements if
the California State Library determines that the grantee has made a false
certification or violated the certification by failing to carry out the
requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until
signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or
written, made with respect to the subject hereof and, together with all
attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California
State Library and Grantee.
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10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with
Executive Order N-6-22 (the EO) regarding Economic Sanctions against
Russia and Russian entities and individuals. “Economic Sanctions” refers to
sanctions imposed by the U.S. government in response to Russia’s actions in
Ukraine, as well as any sanctions imposed under state law. The EO directs
state agencies to terminate grant agreements with, and to refrain from
entering any new grant agreements with, individuals or entities that are
determined to be a target of Economic Sanctions. Accordingly, should the
State determine Grantee is a target of Economic Sanctions or is conducting
prohibited transactions with sanctioned individuals or entities, that shall be
grounds for termination of this agreement. The State shall provide Grantee
advance written notice of such termination, allowing Grantee at least 30
calendar days to provide a written response. Termination shall be at the sole
discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for
good cause. The Grantee’s request for an extension of the grant period
must be made in writing and received by the California State Library at least
30 days prior to the final deadline.
12. Failure to Perform: The grant being utilized by the Grantee is to benefit the
Lunch at the Library Summer 2024. If the Grant Monitor determines the
Grantee has not complied with this Agreement, the Grantee may forfeit the
right to reimbursement of any grant funds not already paid by the California
State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from
Grantee’s payments or make FICA payments on the Grantee’s
behalf; or
b. Make Federal or State unemployment insurance contributions on
Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments
Grantee shall pay all taxes required on payments made under this
Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its
contractors, vendors, or subcontractors, if any, shall be responsible
hereunder for any delay, default, or nonperformance of this Agreement, to
the extent that such delay, default, or nonperformance is caused by an act
of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion,
sabotage, flood, or other contingencies unforeseen by the California State
Library or the Grantee, its contractors, vendors, or subcontractors, and
beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If
grant funds are not expended, or have not been expended, in accordance
with this Agreement, the State Librarian or designee, at his or her sole
discretion, may take appropriate action under this Agreement, at law or in
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equity, including requiring the Grantee to forfeit the unexpended portion of
the grant funds, including, but not limited to, the ten percent (10%)
withhold, and/or to repay to the California State Library any funds
improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its
employees and contract personnel are eligible to participate in any
employee pension, health benefit, vacation pay, sick pay or other fringe
benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use
Generally Accepted Accounting Principles in documenting all grant
expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant
progress and reviewing and approving Grant Payment Requests and other
documents delivered to the California State Library pursuant to this
Agreement. The Grant Monitor may monitor Grantee performance to
ensure Grantee expends grant funds appropriately and in a manner
consistent with the terms and conditions contained herein. The Grant
Monitor does not have the authority to approve any deviation from or
revision to the Terms and Conditions (Exhibit A) or the Procedures and
Requirements unless such authority is expressly stated in the Procedures and
Requirements.
19. Grantee: the government or legal entity to which a grant is awarded and
which is accountable to the California State Library for the use of the funds
provided.
a. The grantee will make reports to the State Librarian in such form and
containing such information as may be required to ensure the proper
used of funds consistent with the grantee’s application and award
agreement. The grantee will keep such records and afford such
access as the California State Library may find necessary to assure
the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and
accountable for the manner in which the grant funds are utilized and
accounted for and the way the grant is administered, even if the Grantee
has contracted with another organization, public or private, to administer or
operate its grant program. In the event an audit should determine that
grant funds are owed to the California State Library, the Grantee is
responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for
furnishing funds beyond the grant award that may be necessary to
complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under
this Agreement in an independent manner, at any location and at any time
within the agreed-upon timeline. Grantee’s employees or contract
personnel shall perform all services required by this Agreement, but their
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time need not be devoted solely to fulfilling obligations under this
Agreement. Grantee shall furnish all equipment and materials used to meet
its obligations, and complete the Project. The State Library shall not provide
any personnel or other resources beyond the grant award, and is not
required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless
the State of California, the California State Library and its officers,
employees, and agents, from any and all claims, losses, and liabilities
accruing or resulting to any and all contractors, subcontractors, suppliers,
laborers and any other person, firm or corporation furnishing or supplying
work services, materials, or supplies in connection with the performance of
this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by
Grantee in the performance of this Agreement.
24. License to Use: The California State Library reserves a fully paid-up, royalty-
free, nonexclusive, sub-licensable and irrevocable license to reproduce,
publish, prepare derivative works, distribute or otherwise use, and to
authorize third parties to use, any material received or maintained by
Grantee in connection with this Agreement. This includes intellectual
property, with or without third-party rights. All such usages will be for public
library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or
contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a
contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the
grantee’s approved budget and with applicable State laws and
regulations. The total amount paid by the California State Library to the
Grantee under this agreement shall not exceed $8,900 and shall be
expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget
may need to be modified. Budget changes, requests for additional funds, or
requests for reductions in award funding must be discussed with the
assigned State Library Grant Monitor and a Grant Award Modification may
be required to be submitted according to the instructions. Approval is by
the State Librarian or their designee. Adjustments should be reported on the
next financial report. Any adjustments in approved budgets must be
documented and documentation retained in project accounts.
26. Lobbying: Grantee confirms that the grant funds will not be used for the
purposes of lobbying or otherwise attempting to influence legislation, as
those purposes are defined by the U.S. Internal Revenue Code of 1986.
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27. Non-Discrimination Clause: During this grant period, the Grantee and the
Grantee’s contractors, and subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, sexual orientation, or military and
veteran status. Grantee shall insure that the evaluation and treatment of
contractors, employees and applicants for employment are free from such
discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall
comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1,
Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5),
and the regulations or standards adopted by the California State Library to
implement such article.
Grantee shall permit access by representatives of the Department of Civil
Rights and the California State Library upon reasonable notice at any time
during the normal business hours, but in no case less than 24 hours’ notice,
to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or the California State Library shall
require ascertaining compliance with this clause. Grantee, and its
contractors, and subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective
bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Grantee shall include the non-discrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under the
Agreement.
28. Notices: All notices and other communications in connection with this
Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail
address of the recipient known to the party giving notice. Notice is
effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a
notification will be sent to the last e-mail address of the recipient
known to the party giving notice. Notice is effective upon
transmission.
c. Grants Management System: When sent via / uploaded to the
California State Library’s Grants Management System a notification
will be sent to the last e-mail address of the recipient known to the
party giving notice. Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical
address as stated in this Agreement.
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e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage
prepaid, and addressed to recipient’s address as stated in this
Agreement.
29. Order of Precedence: The performance of this Agreement shall be
conducted in accordance with the Terms and Conditions, Procedures and
Requirements, Certificate of Compliance, Project Summary, Activities
Timeline, and Budget, of this Agreement, or other combination of exhibits
specified on the Grant Agreement Coversheet attached hereto
(collectively referred to as “Terms”). Grantee’s California State Library-
approved Application (Grantee’s Application) is hereby incorporated
herein by this reference. In the event of conflict or inconsistency between
the articles, exhibits, attachments, specifications or provisions that constitute
this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto
b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline)
g. All other attachments hereto, including any that are incorporated
by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and
incorporated herein by this reference and states the maximum
amount of allowable costs for each of the tasks identified in the
Project Summary and Activity Timeline included in the project
application. California State Library shall provide funding to the
Grantee for only the work and tasks specified in the Grantee’s
Application at only those costs specified in the Budget and incurred
in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in
the Grantee’s Application in accordance with the approved Budget
and shall obtain the Grant Monitor’s written approval of any changes
or modifications to the Work Plan, approved project as described in
the Grantee’s Application, or the approved Budget prior to
performing the changed work or incurring the changed cost. If the
Grantee fails to obtain such prior written approval, the State Librarian
or designee, at his or her sole discretion, may refuse to provide funds
to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding
schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if
applicable) and paid at the end of the grant term, when all reports
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and conditions stipulated in this Agreement have been satisfactorily
completed. Failure by the grantee to satisfactorily complete all
reports and conditions stipulated in this Agreement may result in
forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited
to the amounts authorized in the California State Administrative
Manual (see Exhibit C or contact the Grant Monitor for more
information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the
grantee receives a Notice to Proceed as described in the
Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the
State of California for all proceedings concerning the validity and operation
of this Agreement and the performance of the obligations imposed upon
the parties. Native American Tribal grantees expressly waive tribal sovereign
immunity as a defense to any and all proceedings concerning the validity
and operation of this Agreement and the performance of the obligations
imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds
must be computed based on actual time spent on grant-related activities
and on the actual salary or equivalent hourly wage the employee is paid
for their regular job duties, including a proportionate share of any benefits
to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or
any commitment by the State Library to make any other or further grants or
contributions to Grantee, or any other person or entity in connection with
the Project. It is mutually agreed that Grantee is responsible for furnishing
funds beyond the grant award that may be necessary to complete
outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any
non-public, personal information that may be contained in materials
received or produced in connection with this Agreement, as required by
Civil Code, section 1798, et. seq.
35. Prohibited Use: The expenditure under this program shall not be used to
supplant Grantee efforts in other grant programs provided by the California
State Library.
36. Public Records Act: Material maintained or used by the California State
Library is considered “public record” under the Public Records Act (PRA) at
Government Code, sections 6250, et. seq. This includes the Interim and Final
reports, and any other written communications between the parties.
Grantee agrees to ensure that all content contained in its written reports
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are appropriate for publication. Said material, along with all other reports,
documentation and data collected during the term of the Agreement, will
be subject to disclosure unless it qualifies for exemption under the PRA in
whole or in part. Grantee agrees to alert the State Library as to a basis for
exemption, if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any
promotional materials or publications resulting from the grant no later than
five (5) days in advance of distribution, whether they are print, film,
electronic, or in any other format or medium. Copies of all promotional
materials will be provided to the State Library. Grantee will acknowledge
the State Library’s support as noted above. Grantee agrees that the State
Library may include information about this grant and its outcomes in its own
annual reports, with specific reference to Grantee, and may distribute such
information to third parties.
38. Records: Communications, grant related documents, data, original
receipts, and invoices must be maintained by Grantee and shall be made
available to the State Library upon request. Grantee agrees to maintain
adequate grant program records and adequate financial records
consistent with generally accepted accounting practices, and to retain all
records for at least five (5) years after the end-of-term. The State Library
may monitor or conduct an onsite evaluation of Grantee’s operation to
ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall
take all reasonable steps to ensure that materials purchased or utilized in
the course of the project are not wasted. Steps should include, but not be
limited to: the use of used, reusable, or recyclable products; discretion in the
amount of materials used; alternatives to disposal of materials consumed;
and the practice of other waste reduction measures where feasible and
appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek
reimbursement pursuant to this Agreement for a cost or activity that has
been or will be paid for through another funding source. The Grantee shall
not seek reimbursement for any costs used to meet cost sharing or
matching requirements of any other California State Library funded
program.
41. Reports and Claims: It is the responsibility of the grantee make the required
reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library
Narrative Reports detailing progress and activities. The reports are
due on the dates specified in the reporting schedule detailed in the
Procedures and Requirements section.
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b. The grantee shall be responsible for submitting to the State Library
Financial Reports reflecting grantee expenditure activity. The reports
are due on the dates specified in the reporting schedule detailed in
the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized
claims provided by the State Library for that purpose, on each of the
following mentioned dates for payment, and the California State
Library agrees to reimburse the Library as soon thereafter as State
fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon
approval of all final reports and receipt of claim form. Failure to
provide timely reports is a serious breach of an award recipient’s
administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the
grantee for the project in the following manner:
o $8,900 upon execution of the agreement and submission of claim
by the grantee organization.
o If applicable, second payment will be made after the submission
and approval of the first reports and receipt of claim form in the
amount of $-.
o If applicable, final payment will be made upon approval of all
final reports and receipt of claim form in the amount of $-.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which
reimbursement pursuant to this Agreement is sought shall be the result of
arm’s-length transactions and not the result of, or motivated by, self-dealing
on the part of the Grantee or any employee or agent of the Grantee. For
purposes of this provision, “arm’s-length transactions” are those in which
both parties are on equal footing and fair market forces are at play, such as
when multiple vendors are invited to compete for an entity’s business and
the entity chooses the lowest of the resulting bids. “Self-dealing” is involved
where an individual or entity is obligated to act as a trustee or fiduciary, as
when handling public funds, and chooses to act in a manner that will
benefit the individual or entity, directly or indirectly, to the detriment of, and
in conflict with, the public purpose for which all grant monies are to be
expended.
43. Severability: If any part of this Agreement is found to be unlawful or
unenforceable, such provisions will be voided and severed from this
Agreement, but the remainder of the provisions in the Agreement will
remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and
conduct site visits, with reasonable notice, at which grant funds are
expended and related work being performed at any time during the
performance of the work and for up to ninety (90) days after completion of
the work, or until all issues related to the grant project have been resolved.
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A site visit may include, but not be limited to, monitoring the use of grant
funds, provide technical assistance when needed, and to visit the State
funded project.
45. Termination: The Agreement shall be subject to termination by the State
Librarian or designee upon notice to the Grantee at least thirty (30) days
prior to the effective date of termination. In the event this agreement is
terminated, the Grantee shall deliver to the State Librarian copies of all
reports, accounting, data, and materials prepared up to the date of
termination. The State Librarian shall determine and pay the Grantee for
necessary and appropriate expenditures and obligations up to the date of
termination which have not been covered by prior installments previously
paid to the Grantee. Upon such termination, the unused portion of the
grant award must be returned to the California State Library within 45 days.
If funding has been advanced to the Grantee, any unobligated balances,
as determined by the State Librarian, shall be returned to the State Library
within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed
between the parties that the grant application and the timeline included
therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any
unexpended or unaccounted for funds to the State Library, or to submit a
written request for an extension of the grant period. Funds will be
considered unexpended or unaccounted if they were: (1) not used for their
intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the
proposal outcomes or deliverables are materially incomplete by the end-of-
term or earlier termination, as determined by the State Library in its sole
discretion.
48. Waiver of Rights: California State Library shall not be deemed to have
waived any rights under this Agreement unless such waiver is given in writing
and signed by California State Library. No delay or omission on the part of
California State Library in exercising any rights shall operate as a waiver of
such right or any other right. A waiver by California State Library of a
provision of this Agreement shall not prejudice or constitute a waiver of
California State Library’s right otherwise to demand strict compliance with
that provision or any other provision of this Agreement. No prior waiver by
California State Library, nor any course of dealing between California State
Library and Grantee, shall constitute a waiver of any of California State
Library’s rights or of any of grantee’s obligations as to any future
transactions. Whenever the consent of California State Library is required
under this Agreement, the granting of such consent by California State
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Library in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may
be granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of
all final products identified in the Work Plan and Application. Grantee shall
also provide the State Library with copies of all public education and
advertising material produced pursuant to this Agreement.
50. Worker’s Compensation: The State of California will not provide Workers’
Compensation insurance for Grantee or Grantee’s employees or contract
personnel. If Grantee hires employees to perform services required by this
Agreement, Grantee shall provide Workers’ Compensation insurance for
them. The Grantee is aware of Labor Code Section 3700, which requires
every employer to be insured against liability for Workers’ Compensation or
to undertake self-insurance in accordance with the Labor Code, and the
Grantee agrees to comply with such provisions before commencing the
performance of the work of this Agreement.
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative
named below is the legally designated representative of the Grantee for
this Grant Agreement and project and is authorized to receive and expend
funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review
in association with this award is correct and complete to the best of my
knowledge, and as the authorized representative of the Grantee, I commit
to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program
have agreed to the terms of the application/grant award and have
entered into an agreement(s) concerning the final disposition of equipment,
facilities, and materials purchased for this program from the funds awarded
for the activities and services described in the attached, as approved
and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the
Grantee will comply with all applicable requirements of State and Federal
laws, regulations, and policies governing this program, to include the
requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to
the California State Library, for an award of funds in the amount $8,900. This
award will provide library services as set forth in the Project Application as
approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with
the non-discrimination program requirements. (Gov. Code §12990 (a-f) and
CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a
drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free
workplace;
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3) any available counseling, rehabilitation and employee assistance
programs; and,
4) penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy
statement; and,
2) agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of
payments under the Agreement or termination of the Agreement or both
and Grantee may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the
Grantee has made false certification or violated the certification by failing
to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following
provisions regarding current or former state employees. If Grantee has any
questions on the status of any person rendering services or involved with the
Agreement, the California State Library must be contacted immediately for
clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or
funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or
services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state
employment, no former state officer or employee may enter into a
contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision-
making process relevant to the contract while employed in any
capacity by any state agency.
b. For the twelve-month period from the date he or she left state
employment, no former state officer or employee may enter into a
contract with any state agency if he or she was employed by that
state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his
or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by
Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do
not receive payment other than payment of each meeting of the board or
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commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of
the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with
the provisions, and Grantee affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code
§ 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et.
seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or
other local public body must provide the State with a copy of a resolution,
order, motion, or ordinance of the local governing body which by law has
authority to enter into an agreement, authorizing execution of the
agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the
requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free
Workplace (Financial Assistance)). In particular, the recipient must
comply with drug- free workplace requirements in subpart B of 2
C.F.R. part 3186, which adopts the Government-wide
implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-
Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C.
§§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a
continuing basis, to maintain a drug-free workplace; publishing a
drug-free workplace statement; establishing a drug-free awareness
program for the employees; taking actions concerning employees
who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the
certification section below, and all program staff, will ensure all project
materials will meet California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the
certification section below, and all program staff, agree to comply with all
California non-discrimination laws.
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the
certification section below, and all program staff, agree to comply with
California State Library acknowledgement requirements.
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Certification
ORGANIZATION
Name: City of San Bernardino Public Library Address (official and complete): 555 West 6th
Street, San Bernardino, CA, 92410
PROJECT COORDINATOR
Name: Nikki Villalobos
Email: villalobos.nik@sbpl.org Phone: 909-381-8238
GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Ed Erjavek Title: Library Director
Email: erjavek.ed@sbpl.org Phone: 909-381-8210
Signature: Date:
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Authorized Representative Signature
ORGANIZATION
Name: City of San Bernardino Public Library Address (official and complete): 555 West 6th Street,
San Bernardino, CA, 92410
AUTHORIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Ed Erjavek Title: Library Director
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814
Signature: Date:
Printed Name of Person Signing: Greg Lucas Title: California State Librarian
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2/16/2024
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April 25, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in
Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California
State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding
sanctions in response to Russian aggression in Ukraine. The EO is located at
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take
certain immediate steps, including notifying all contractors and grantees of their obligations to
comply with existing economic sanctions imposed by the U.S. government in response to Russia's
actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance
with the economic sanctions imposed in response to Russia’s actions in Ukraine is required,
including with respect to, but not limited to, the federal executive orders identified in the EO and the
sanctions identified on the U.S. Department of the Treasury website
(https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-
information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of
contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification
will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
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Resolution No. 2024-038
Resolution 2024-038
March 6, 2024
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RESOLUTION NO. 2024-038
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE &
MANAGEMENT SERVICES TO AMEND AND
APPROPRIATE $8,900 IN BOTH REVENUES AND
EXPENDITURES TO THE FISCAL YEAR 2023-2024
OPERATING BUDGET
WHEREAS, the City of San Bernardino has been awarded a Lunch at the Library grant
by the California State Library in the amount of $8,900; and
WHEREAS, the grant award will enable the library to provide programming related to
farming and gardening in collaboration with the Parks, Recreation, and Community Service
Department’s scheduled 2024 summer lunch program; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby
authorize the Director of Finance & Management Services to amend and appropriate $8,900 in
both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget for the
California Library Connect award.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-038
Resolution 2024-038
March 6, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-038
Resolution 2024-038
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-038, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of_____ 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Lydie Gutfeld, Director of Parks, Recreation & Community
Services
Department:Parks & Recreation & Community Services
Subject:Budget Amendment FY 24 , Recreation and
Community Services for the Sponsorship of the 2024
Lunar New Year ($38,450.00) in Revenue and Expense
budget allocations
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-040 authorizing the Director of Finance to
amend the FY2023/24 the budget in revenue and expenditures by $38,450 for the
sponsorship payments received to support the Lunar New Year Event
Executive Summary
Staff received a proposal to implement a Lunar New Year Celebration from community
and local businesses. In recognizing limits with special event budgets, a call for
sponsorship was completed. Funds collected will cover all costs for the event and
additional funds will be carried into the Festival event budget. A total of $38,450 was
collected by staff.
Background
The City of San Bernardino Lunar New Year event was initially proposed in January
2023 by dedicated community members and brought to the attention of the Parks,
Recreation, and Community Services Department. Recognizing the cultural
significance and community interest, the department embarked on the journey to make
this event a reality.
Upon evaluation, it became apparent that there were constraints on the availability of
special event funds. In light of this, the staff diligently explored alternative avenues to
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ensure the success of the Lunar New Year event. It was concluded that a fully
sponsored event would be the most viable solution to bring the event to fruition.
To secure the necessary financial support, the department took proactive measures by
creating a comprehensive sponsorship information packet. This packet was
strategically distributed to local businesses and community members, outlining the
unique opportunity to contribute to the Lunar New Year celebration and gain visibility
within the community.
Recognizing the importance of community involvement, multiple meetings were
convened. These meetings facilitated constructive discussions between department
staff and local business owners, fostering a collaborative spirit. Onsite meetings at
Court St. provided a platform for identifying potential costs associated with the event,
ensuring a thorough understanding of the resources required for a successful
celebration.
Discussion
Building on the successful execution of previous events, such as the Festival, Miracle
on Court St., and Dia de Los Muertos, the Parks, Recreation, and Community Services
Department developed a comprehensive budget plan that identified both direct and
indirect costs associated with the proposed Lunar New Year event. The estimated
budget ranged between $25,000 and $40,000, considering factors such as rentals,
performance fees, and the necessity for sound technicians.
To secure the necessary funds, staff established a sponsorship cutoff date of Monday,
February 12, 2024, at noon. As of the cutoff date, a total of $18,250.00 has been
successfully deposited, with an additional commitment of $15,000 in route via USPS.
Amazon, expressing their commitment to the event, pledged $5,000 in support.
However, due to the organization's policy supporting local events, this contribution can
only be made into a non-profit account. To accommodate this, Amazon has committed
to supporting Parks and Recreation events with a $5,000 contribution once the Friends
of Parks, Recreation and Community Services is officially established.
Recognizing the urgency of collecting sponsorships and preparing for the event, the
City-Wide Events program code was utilized for the purchase of basic supplies. The
funds collected will be subsequently deposited into the sponsorship program revenue
code. It is recommended that budget allocations for both revenue and expense in the
amount of $38,450 be approved, respectively.
Furthermore, sponsors have graciously agreed that any remaining funds can be
utilized to supplement the Festival – Where our Cultures Connect event, scheduled for
May 4, 2024. This collaborative approach ensures optimal resource utilization and a
sustained positive impact on community events.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target 2.b. Focused, Aligned Leadership and Unified
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Community – Build a culture that attracts, retains, and motivates the highest quality
talent.
Fiscal Impact
There is no additional General Fund impact with this item. Both revenues and
expenses will be increased to recognize the $38,450 received in sponsorships.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-040 authorizing the Director of Finance to
amend the FY2023/24 the budget in revenue and expenditures by $38,450 for the
sponsorship payments received to support the Lunar New Year Event
Attachments
1. Attachment 1 – Resolution 2024-040
2. Attachment 2 - City Outreach Flyer
3. Attachment 3 - LNY Become a Sponsor
4. Attachment 4- LNY Sponsorship Application 2024
5. Attachment 5- Lunar New Year Sponsors
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-040
Resolution 2024-040
March 6, 2024
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RESOLUTION NO. 2024-040
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE AND
ADMINISTRATIVE SERVICES TO AMENT TO FY 2023/24
BUDGET IN REVENUE AND EXPENDITURES BY $38,450
FOR THE SPONSORSHIP PAYMENTS RECEIVED TO
SUPPORT THE LUNAR NEW YEAR EVENT.
WHEREAS, the Parks, Recreation and Community Services Department hosted a Lunar
New Year Event on February 17, 2024; and
WHEREAS, the event was not originally planned or budgeted for the FY 2023/24 budget
cycle and would relied on event sponsorships to cover costs associated with the event; and
WHEREAS, multiple community sponsors responded to the Become A Sponsor
solicitation and a total of $38,450 was raised for the event
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the Director of Finance and
Administrative Services to amend the FY 23-24 Budget in revenue and expenditure accounts to
by $38,450 for the sponsorship payments received to support the Lunar New Year Event.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
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Resolution No. 2024-040
Resolution 2024-040
March 6, 2024
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Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-040
Resolution 2024-040
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-040, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of March, 2024.
Genoveva Rocha, CMC, City Clerk
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Become a Sponsor
Our event sponsors make it possible for the San Bernardino Lunar New Year to present a quality
event filled with artistic programming and to support the growth of the event each year. By
joining the City of San Bernardino as a sponsor of the 2024 Lunar New Year, businesses help
highlight the many contributions and beautiful traditions the Asian American Community
provides.
Thank you to all our event sponsors and business community for their support and partnership.
Sponsorship Opportunities and Booths
As a sponsor of the San Bernardino Festival, your organization will realize tangible marketing
benefits in return for your sponsorship investment.
With an anticipated diverse audience of more than 2,000, the Lunar New Year event is an ideal
partner in reaching specific target audiences.
Applications Now Open
Applications will be accepted through February 12th. The Lunar New Year Committee reviews
all applications, but applications may close prior to February 12th if sponsor opportunities are
full. Applying does not guarantee your participation in the event. The City of San Bernardino
retains the right to accept or reject applications based on appropriateness, availability,
duplication of service, and/or other criteria as deemed necessary. Applications will be
considered in the order in which they are received.
Read on for details about various sponsorship opportunities. Learn more and apply at our
application webpage by clicking the button below.
FESTIVAL SPONSORSHIP LEVELS
Dragon Sponsor $20,000
Lion Sponsor $10,000
Firecracker Sponsor $5,000
Lantern Sponsor $1,000
Red Envelope Sponsor $500
Packet Page. 179
Dragon Sponsor: $20,000
Benefits include:
∙ Display booth(s) with banner or footprint up to 10'x30' in prominent locations; display may
include vehicles
∙ Event programming advertising (full-page ad)
∙ Event website advertising (large logo + link)
∙ Five (5) VIP parking passes
∙ Acknowledgement as Presenting Sponsor on event signage
∙ Sponsor introduction and acknowledgement by City Councilmember at event Welcome
Ceremony
∙ Brief onstage speaking opportunity at event Welcome Ceremony
∙ Recognition at San Bernardino Council meeting
∙ Commemorative company plaque
∙ Individual company signage placed at entrances of event
∙ Sponsor logo on pre-event marketing such as rack card and street corner banners
∙ Promotion of sponsorship on City social media accounts
∙ Two (2) VIP Pagoda seating areas
Lion Sponsor $10,000
Benefits Include:
∙ Display booth(s) with banner or footprint up to 10'x20' in prominent locations
∙ Event programming advertising (half-page ad)
∙ Event website advertising (medium logo + link)
∙ Four (4) VIP parking passes
∙ Sponsor introduction and acknowledgement by City Councilmember at event Welcome
Ceremony
∙ Recognition at San Bernardino City Council meeting
∙ Commemorative company plaque
∙ Sponsor acknowledgement as title sponsor on event signage
∙ Promotion of sponsorship on City social media accounts
∙ One (1) VIP Pagoda Seating area
Firecracker Sponsor $5,000
Benefits Include:
∙ Display booth(s) with banner or footprint up to 10'x20' in prominent locations
∙ Festival programming advertising (quarter-page ad)
∙ Festival website advertising (medium logo + link)
∙ Two (2) complimentary VIP parking passes
∙ Acknowledgement as Sponsor on event signage
∙ Sponsor introduction and acknowledgement by City Councilmember at festival Welcome
Ceremony
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∙ Commemorative event sponsor certificate
∙ Promotion of sponsorship on City social media accounts
Lantern Sponsor $1,000
Benefits Include:
∙ Display booth with banner up to 10'x10'
∙ Event programming advertising (quarter-page ad)
∙ Event website advertising (small logo + link)
∙ Acknowledgement as Sponsor on event signage
∙ Sponsor introduction and acknowledgement by City Councilmember at event Welcome
Ceremony
∙ Commemorative company certificate
Red Envelope Sponsor $500
Benefits Include:
∙ Listed in event program as a sponsor
∙ Event website name listed as event sponsor
∙ Acknowledgement as Sponsor on event signage
∙ Commemorative company certificate
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YES! I would like to sponsor the LUNAR NEW YEAR CELEBRATION!
Mail Sponsorship Application to: April Flores-Cooper
c/o LUNAR NEW YEAR Sponsorship
City of San Bernardino-Recreation
290 North D Street
San Bernardino, CA 92401
For more information, please contact April Flores Cooper at 909-384-5030 or email flores-cooper_ap@sbcity.org.
SPONSOR CONTACT INFORMATION (please print legibly)
Contact Person:
❑ Please check if this will also be the event day contact person.
Title:
Company Name:
Website:
Mailing Address:
Phone:
Cell: Social Media Handle:
Email Address:
CONTRIBUTION LEVEL
❑ DRAGON SPONSOR $20,000
❑ LION SPONSOR $10,000
❑ FIRECRACKER SPONSOR $5,000
❑ LANTERN SPONSOR $1,000
❑ RED ENVELOPE SPONSOR $500
Please make checks payable to: The City of San Bernardino
Packet Page. 182
City of San Bernardino
Lunar New Year Celebration
Sponsor Titles
Lunar New Year Celebration 2024 Sponsorships
Amount Company Level
10,000.00$ Dr. Lian Liu Lion
5,000.00$ Amazon Firecracker
5,000.00$ Ry vid Firecracker
5,000.00$ Exp Realty Firecracker
5,000.00$ Trans Tech Firecracker
2,500.00$ OhloneTribe Lantern
1,000.00$ Heip Than Supermarket Lantern
3,500.00$ DDDH Enterprises Lantern
1,000.00$ DAO Cargo Lantern
250.00$ Professional Realty Services Red Envelope
200.00$ Creative Enterprises Red Envelope
38,450.00$ Total Sponsorships
Packet Page. 183
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Lydie Gutfeld, Director of Parks, Recreation & Community
Services
Department:Parks & Recreation & Community Services
Subject:Budget Amendment FY 24, Recreation and
Community Services for the CSUSB Reservation
payment and NCAA invoice payment ($92,780) in
Revenue and Expense budget allocations
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-041 authorizing the Director of Finance and
Administrative Services to approve the revenue and expense budget allocations of
$92,780 respectively for the payment of the California State University San
Bernardino (CSUSB) field and facility reservation for Fiscalini Field 2018-2023
seasons ($87,500) and the 2023 season NCAA World Series Tournament ($5,280).
Executive Summary
Staff found a lapse of payment from 2018 to 2023 for the use of Fiscalini Field. In
addition an invoice was submitted for the upgrades made to the facility for the NCAA
Host site needs during the World Series of College Baseball Round 1 at Fiscalini
Field. A total of $92,780.00 was collected and deposited. Staff is recommending a
budget amendment in revenue and expenses to purchase new field maintenance
equipment.
Background
The evaluation of the facility use agreement between the City and California State
University San Bernardino revealed a notable oversight concerning the reservation
payment for the utilization of Fiscalini Field. This critical payment had not been
collected since the conclusion of the 2018 season. Recognizing this discrepancy, city
staff engaged with the CSUSB Athletics Department to address the issue
comprehensively.
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In response, city staff presented options for rectifying the outstanding payment to the
athletics department, concurrently proposing an updated contract that would govern
field and facility usage for the upcoming baseball seasons spanning 2024-2026. The
collaborative efforts of both parties resulted in a prompt and effective resolution, with
CSUSB Athletics promptly reconciling the outstanding invoice, amounting to
$87,500.00.
Furthermore, the 2023 baseball season proved to be exceptional for the team,
achieving record-breaking success. This accomplishment presented a unique
opportunity for Fiscalini Field to serve as the host location for the NCAA D1 World
Series tournament Round 1. Through collaboration, the Parks, Recreation, and
Community Services Director, in conjunction with the Baseball Athletics Director, there
was active participation in the host application process.
The concerted efforts of both directors were successful, leading to Fiscalini Field being
awarded the prestigious hosting honors. Subsequently, this recognition necessitated
the implementation of NCAA regulations for the facility. In compliance with these
regulations, an invoice totaling $5,280.00 was submitted for the necessary
modifications and enhancements to meet the standards set forth by the NCAA. The
City received prompt payment for these services in alignment with the positive
collaboration between the City and CSUSB Athletics Department.
Discussion
In recognizing the significance of hosting the NCAA D1 World Series tournament
Round 1 at Fiscalini Field and the subsequent heightened level of activity, both the city
staff and the University have collaboratively identified crucial maintenance and
equipment needs. It is imperative to proactively address these requirements to ensure
that Fiscalini Field not only remains in optimal condition but also continues to boast
state-of-the-art facilities.
The proposed lease payment of $92,780 serves as a strategic allocation to address
these identified needs effectively. This sum will be earmarked as an expense toward
the meticulous maintenance of the baseball field and the acquisition of heavy-duty
maintenance equipment. This approach reflects a forward-thinking strategy to uphold
the field's quality, enabling it to meet the rigorous demands associated with hosting the
NCAA Baseball Tournament and subsequent events.
The utilization of these funds by the Parks, Recreation, and Community Services
Department will empower them to promptly and proficiently manage any necessary
repairs, improvements, or enhancements required for Fiscalini Field. This
comprehensive approach aims not only to meet the tournament standards but to
elevate the overall quality of the field for sustained use beyond the tournament period.
Investing in the maintenance of the field and acquiring heavy-duty maintenance
Packet Page. 185
equipment aligns with the City's commitment to providing a top-tier playing surface and
excellent facilities. This financial allocation demonstrates a dedication to ensuring that
Fiscalini Field remains a premier venue, capable of accommodating the increased
activity and foot traffic associated with hosting a significant event like the NCAA
Baseball Tournament.
By prioritizing the enhancement of the playing surface and facilities, the Parks,
Recreation, and Community Services Department are contributing to the overall
success of Fiscalini Field and its use with potential user groups for tournament play.
This commitment extends beyond mere fiscal responsibility to embody a dedication to
providing a positive and memorable experience for participants, spectators, and staff
involved in these types of tournaments. This strategic investment not only enhances
the reputation of the University but also solidifies the City's standing as a supportive
and forward-thinking hub for athletic programs and prestigious sporting events.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target No. 1 Financial Stability- with a commitment to
continue the facility use agreement with CSUSB Athletics into 2027, solidifying a
promise to maintain the field and facility with a standard of excellence.
Fiscal Impact
No further General Fund impact is associated with this item. The FY 2023/24 Operating
Budget will be amended to increase both revenues and expenses to recognize the
$92,780.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-041 authorizing the Director of Finance and
Administrative Services to approve the revenue and expense budget allocations of
$92,780 respectively for the payment of the California State University San
Bernardino (CSUSB) field and facility reservation for Fiscalini Field 2018-2023
seasons ($87,500) and the 2023 season NCAA World Series Tournament ($5,280).
Attachments
Attachment 1 Resolution 2024-041
Attachment 2 San Bernardino – CSUSB Fiscalini Field – License
Agreement – 10.30.23
Ward:
Second Ward
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Synopsis of Previous Council Actions:
N/A
Packet Page. 187
Resolution No. 2024-041
Resolution 2024-041
March 6, 2024
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RESOLUTION NO. 2024-041
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE AND
ADMINISTRATIVE SERVICES TO APPROVE THE
REVENUE AND EXPENSE BUDGET ALLOCATIONS OF
$92,780 RESPECTIVELY FOR THE PAYMENT OF THE
CALIFORNIA STATE UNIVERSITY SAN BERNARDINO
(CSUSB) FIELD AND FACILITY RESERVATION FOR
FISCALINI FIELD 2018-2023 SEASONS ($87,500) AND THE
2023 SEASON NCAA WORLD SERIES TOURNAMENT
($5,280).
WHEREAS, the City of San Bernardino and Cal State University San Bernardino entered
an agreement on November 7, 2023 for the reservation and payment of the Fiscalini Field for the
CSUSB 2018-2023 seasons and the NCAA Tournament; and
WHEREAS, the City of San Bernardino revenue and expense budget allocations must be
amended to receive and utilize the funds for their purpose.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Mayor and City Council hereby authorize the Director of Finance and
Administrative Services to approve the revenue and expense allocations of $92,780 respectively
for the payment of the California State University San Bernardino field and facility reservation for
Fiscalini Field 2018-2023 seasons ($87,500) and he 2023 season NCAA World Series Tournament
($5,280).
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
Packet Page. 188
Resolution No. 2024-041
Resolution 2024-041
March 6, 2024
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SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 189
Resolution No. 2024-041
Resolution 2024-041
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-041, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of March 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 190
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CITY OF SAN BERNARDINO
LICENSE AGREEMENT
This LICENSE AGREEMENT (“Agreement”), is made this 7th day of November, 2023 by
and between the City of San Bernardino, a charter city and municipal corporation
organized and operating under the laws of the State of California with its principal place
of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“CITY”), and
California State University, San Bernardino (“LICENSEE”) CITY and LICENSEE are
sometimes individually referred to as “Party” and collectively as “Parties”.
RECITALS
A. CITY is the owner of certain real property at 1135 E. Highland Ave. San
Bernardino, CA 92404, commonly referred to as Fiscalini Field, and legally
described in Exhibit “A” attached hereto and incorporated herein by reference. (the
“Property’).
B. Licensee desires to obtain CITY’S permission to enter onto the Property, for the
purposes specified in Item 2 of the Basic License Provisions.
C. The Parties wish to enter into this License whereby CITY will allow Licensee to
enter onto the Property, on a temporary basis, in order to carry out the Cal State
San Bernardino Baseball Program as more particularly described in Exhibit “B”
attached here to and incorporated herein by reference.
NOW THEREFORE, CITY and LICENSEE do hereby agree as follows:
AGREEMENT
PART I. BASIC LICENSE PROVISIONS
1. Description of Licensed Property:
The CITY’s real property is in the County of San Bernardino, State of California,
as more particularly described in the attached Exhibit “A”.
2. Use of Licensed Property:
For the use of the Licensed Property, as more particularly described in the
attached Exhibits “A” and “B”.
3. Commencement Date: Date of the Agreement first specified above.
4. Term: The term of this agreement shall commence on September 1 st 2023 and
end December 31, 2024 (the “Initial Term”) with the option of three (3) one year
renewals (“Option Renewals”) upon mutual consent of the PARTIES.
5. Intentionally Omitted.
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6. Licensing Fee
(A) Annual License Fee: $19,250.00.
(1) Year one $19,250.00
(2) Year two $19,250.00
(3) Year three $19,250.00
(B) License Fee Adjustment After Third Year:
(1) 5% Increase after Third Year of the
Agreement
(2) Year four $20,212.50
7. CITY Address:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
8. LICENSEE Address:
California State University, San Bernardino
5500 University Parkway
San Bernardino, CA 92407-2397
Attn: Cal State San Bernardino Athletics
The foregoing Basic License Provisions and the General License Provisions set forth in
the attached Part II are incorporated into and made part of this Agreement.
PART II. GENERAL LICENSE PROVISIONS
1. General Grant. Subject to the terms and conditions hereinafter set forth, CITY
hereby grants a revocable license to use the Licensed Property, for the purposes
described in Exhibits “A” and “B”, together with rights for access and entry onto the
Property as necessary or convenient for the use of the Licensed Property. In connection
with this grant of license, LICENSEE, its employees, agents, customers, visitors, invitees,
licensees and contractors (collectively, “LICENSEE’s Parties”), may, subject to the
provisions hereof, have reasonable rights of entry and access onto adjoining real property
of CITY if necessary for the use of the Licensed Property, with the time and manner of
INITIAL INITIAL
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such entry and access to be subject to CITY’S prior written approval. Notwithstanding
the foregoing, the LICENSEE is granted shared use of the baseball field and exclusive
use of the clubhouse and batting cages, as more particularly described in Exhibit “A”.
2. Term. The term (“Term”) of this Agreement shall commence on the
“Commencement Date” specified in Item 3 of the Basic License Provisions. If Item 4 of
the Basic License Provisions provides for a specific term, then this Agreement shall be a
license for the term specified in said Item 4; provided, howeve r, that CITY shall have the
absolute right to terminate this Agreement prior to the date specified in Item 4 in its sole
discretion pursuant to the termination provisions provided herein.
3. Use. LICENSEE shall use the Licensed Property solely for the purposes specified
in Item 2 of the Basic License Provisions and for such lawful purposes as may be directly
incidental thereto. No change shall be made by LICENSEE in the use of the Licensed
Property without CITY’s prior written approval.
3.1 Notice Prior to Initial Entry. LICENSEE shall provide CITY no less than
three (3) days prior written notice before LICENSEE’s initial entry onto the Licensed
Property for the purposes hereunder..
4. Condition of Premises. LICENSEE ACCEPTS THE LICENSED PROPERTY IN
ITS “AS IS” CONDITION, WITH ALL FAULTS. LICENSEE ACKNOWLEDGES AND
AGREES THAT LICENSEE IS ENTERING THE LICENSED PROPERTY UNDER THIS
AGREEMENT BASED ON LICENSEE'S OWN INVESTIGATIONS AND KNOWLEDGE
OF THE PROPERTY AND THAT, EXCEPT AS OTHERWISE SPECIFICALLY STATED
IN THIS AGREEMENT, NEITHER CITY NOR ANY AGENT OF CITY, HAS MADE ANY
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH
REGARD TO THE PHYSICAL CONDITION OF THE PROPERTY OR THE SUITABILITY
OF THE PROPERTY FOR ANY PARTICULAR PURPOSE OR USE, INCLUDING,
WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING
THE APPLICABILITY OR NON-APPLICABILITY OF ANY LAWS, THE SOIL OR
SUBSOIL, SURFACE OR SUBSURFACE CONDITIONS, TOPOGRAPHY, POSSIBLE
HAZARDOUS SUBSTANCES CONTAMINATION, FILL, DRAINAGE, ACCESS TO
PUBLIC ROADS, AVAILABILITY OF UTILITIES, EXISTENCE OF UNDERGROUND
STORAGE TANKS, APPLICABILITY OF OR COMPLIANCE WITH ANY
ENVIRONMENTAL LAWS OR ANY OTHER MATTER OF ANY NATURE
WHATSOEVER. THE CITY IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS BY
THEFT OF LICENSEE’S PROPERTY LOCATED IN OR ON THE PROPERTY.
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5. Termination of License.
A. Notwithstanding any other term or provision of this Agreement, CITY shall
have the right to terminate this Agreement upon sixty (60) days prior written notice. In
the event that such termination occurs in the middle of a year, LICENSEE shall be entitled
to a pro-rata refund of the Annual License Fee to account for the remaining days of the
year. By way of example, if City terminates this Agreement on March 1 st (i.e. 6 months
into the year), LICENSEE shall be entitled to a refund of fifty percent (50%) of the Annual
License Fee. CITY shall have no obligation to reimburse LICENSEE for any
improvements to the Licensed Property, under any of the following circumstances:
i In the event that CITY determines in its sole discretion that it requires
the Licensed Property for its own uses, which determination shall be made by the City
Manager or his or her designee and shall not require proof of or satisfaction of any legal
standard of necessity. Should CITY exercise this option, CITY may terminate this
Agreement by providing thirty (30) days written notice to LICENSEE of the intent to
terminate this Agreement.
ii CITY may terminate this Agreement at any time for cause, for a
breach by LICENSEE of any covenant or term of this Agreement, or a default by
LICENSEE of any term or provision of this Agreement, which acts of LICENSEE shall
include but not be limited to: (i) The failure by LICENSEE to pay any amount in full when
it is due under this Agreement; or (ii) The failure by LICENSEE to perform any obligation
under this Agreement. Notification of such termination shall be in writing.
B. LICENSEE may terminate this Agreement at any time for its convenience
by providing written notice to Lessor sixty (60) days prior to the date of termination.
6. Hazardous Materials Use and Related Indemnity.
A. Use. LICENSEE shall operate and maintain the Licensed Property in
compliance with all, and shall not cause or permit the Licensed Property to be in
violation of any federal, state or local environmental, health and/or safety-related laws,
regulations, standards, decisions of the courts, permits or permit conditions, currently
existing or as amended or adopted in the future which are or become applicable to
LICENSEE or the Licensed Property (collectively, “Environmental Laws” and,
individually, an “Environmental Law”). LICENSEE shall not cause or permit, or allow
any of LICENSEE’s Parties to cause or permit, any Hazardous Materials to be brought
upon, stored, used, generated, handled, transported, treated or disposed of on or about
the Licensed Property. Any Hazardous Materials on or about the Licensed Property
shall be stored, used, generated, handled, transported, treated or disposed of in
accordance with all applicable Environmental Laws. As used herein, “Hazardous
Materials” means any chemical, substance or material which is now or becomes in the
future listed, defined or regulated in any manner by any Environmental Law based
upon, directly or indirectly, its properties or effects.
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B. Indemnity. LICENSEE shall indemnify, defend (by counsel acceptable to
CITY) and hold harmless the Indemnitees (as defined in Section 14) from and against
any and all loss, liability, claim, demand, damage, cost or expense (including without
limitation, any fines, penalties, judgments, litigation expenses, attorneys’ fees, and
consulting, engineering, and construction fees and expenses) incurred by Indemnitees
as a result of (a) LICENSEE’s breach of any prohibition or provision of this Section, or
(b) any release of Hazardous Materials onto the Licensed Property and/or any adjacent
property, or (c) any contamination of the Licensed Property and/or any adjacent
property (i) which occurs due to the use and occupancy of the Licensed Property by
LICENSEE or LICENSEE’s Parties, or (ii) which is made worse due to the act or failure
to act of LICENSEE or LICENSEE’s Parties. The foregoing indemnity shall be effective
regardless of any negligence (whether active, passive, derivative, joint, concurring or
comparative) on the part of Indemnitees, except to the extent, but only to the extent,
caused by the gross negligence or willful misconduct of the Indemnitees; shall survive
termination of this Agreement; and is in addition to any other rights or remedies which
Indemnitees may have under the law or under this Agreement.
C. Remediation. In addition, in the event of any release on or contamination
of the Licensed Property and/or any adjacent property, LICENSEE, at its sole expense,
shall promptly take all actions necessary to clean up the affected property and to return
the affected property to the condition existing prior to such release or contamination, to
the satisfaction of CITY and any governmental authorities having jurisdiction thereover.
D. Termination for Breach of Hazardous Materials Obligations. Should
LICENSEE not comply fully with the above-stated obligations, CITY may, in its sole
discretion, terminate this Agreement by serving five (5) days’ notice of termination upon
LICENSEE. Any waiver by CITY of any breach of LICENSEE’s obligation shall not
constitute a waiver of the right to terminate this Agreement for any subsequent breach
which may occur, or to enforce any other provision of this Agreement. Upon
termination, LICENSEE shall restore the Licensed Property as herein provided.
E. Inapplicability. It is understood and agreed that a LICENSEE who does
not now, or in the future, generate, handle, transport, treat, store or dispose of
Hazardous Materials on the Licensed Property within the meaning of this Section, is not
subject to the provisions of Section 6.B.
7. Fees.
A. Annual License Fee.
i LICENSEE shall pay CITY as compensation for this license an
Annual License Fee as specified in Item 6 of the Basic License Provisions, as such fee
may be adjusted as set forth in paragraphs (ii) and (iii) below . The first Annual License
Fee shall be due and payable on August 1, 2023 (“Payment Date”). Each succeeding
year after, subsequent payments shall be made on the anniversary of the Payment Date
for as long as this Agreement is in effect.
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ii Every three (3) years, the Annual License Fee shall be increased by
five percent (5%).
B. Late Payment. LICENSEE acknowledges that late payment by LICENSEE
of any payment owed to CITY under this Agreement will cause CITY to incur costs not
contemplated by this Agreement, the exact amount of such costs being extremely difficult
and impracticable to fix. Therefore, if any payment due from LICENSEE is not received
by CITY within sixty (60) days of when due, LICENSEE shall pay to CITY an additional
sum of ten percent (10%) of the overdue payment as a late charge. The Parties agree
that this late charge represents a fair and reasonable estimate of the administrative costs
that CITY will incur by reason of a late payment by LICENSEE. Acceptance of any late
payment charge shall not constitute a waiver from exercising any of the other rights and
remedies available to CITY under this Agreement, at law or in equity, including, but not
limited to, any interest charges imposed herein.
8. Permits. Without limiting the generality of any other provision hereunder,
LICENSEE, at its sole cost and expense, shall obtain and shall comply with any and all
permits which may be required by any law, regulation or ordinance for any activities
LICENSEE desires to conduct or have conducted pursuant to this Agreement.
9. Maintenance and Repair. LICENSEE shall, at its own cost and subject to the
approval of the City Manager or his or her designee carry out the maintenance
responsibilities outlined in Exhibit “B” of this Agreement . Any repair and maintenance
work shall be done to the Standards (defined below). LICENSEE shall provide CITY no
less than thirty (30) days written notice and shall acquire all necessary approvals from
CITY prior to LICENSEE’s commencement of any such repair or maintenance work. If,
at any time, LICENSEE shall, in the judgment of CITY, fail to perform properly its
obligations under this Section, CITY may, at its option, perform such work itself as it
deems necessary for the safe operation of its property and other uses on the Licensed
Property. In such event, LICENSEE agrees to pay, within fifteen (15) days after a bill is
rendered therefor, the cost so incurred by CITY. However, failure on the part of CITY to
perform the obligations of LICENSEE shall not release LICENSEE from liability hereunder
for any loss or damage occasioned thereby.
10. Standards. LICENSEE shall comply with all applicable statutes, ordinances, rules,
regulations, orders and decisions (hereinafter referred to as “Standards”), issued by any
federal, state or local governmental body or agency established thereby including without
limitation, the United States Department of Transportation, and the California Public
Utilities Commission (hereinafter collectively referred to as “Agency”), relating to
LICENSEE’s use of the Licensed Property hereunder. In its use of the Licensed Property,
LICENSEE shall at all times be in full compliance with all Standards, present or future,
set by any Agency, including, but not limited to, Standards concerning air quality, water
quality, noise, and Hazardous Materials. In the event LICENSEE fails to be in full
compliance with Standards set by any Agency, CITY may, but shall not be obligated to,
after giving notice of the failure to LICENSEE, and if LICENSEE, within fifteen (15) days
following receipt of such notice (unless such period is extended by CITY), fails to correct
such non-compliance, take whatever action it determines in its sole discretion to be
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necessary to protect the Licensed Property. LICENSEE shall reimburse the CITY for all
costs (including but not limited to, consulting, engineering, clean -up and disposal, and
legal costs) incurred by the CITY as a result of the LICENSEE’s failure to comply with
such Standards, and also such costs incurred by the CITY in abating a violation of such
Standards, protecting against a threatened violation of such Standar ds, defending any
claim of violation of such Standards in any proceeding before any Agency or court, and
paying any fines or penalties imposed for such violations. LICENSEE shall, to the extent
permitted by law, assume liability for and shall save and hold harmless the CITY from any
claim of a violation of the Standards regardless of the nature thereof or the Agency or
person asserting such claim, which results from LICENSEE’s use of the Licensed
Property in violation of the Standards, even if such claim a rises in whole or in part from
the negligence or alleged negligence of the CITY. LICENSEE, at its cost, shall assume
the defense of all such claims as provided for in Section 16 hereof.
11. Tests and Inspections. CITY shall have the right at any time to inspect the
Licensed Property so as to monitor compliance with this Agreement. If, in CITY’S sole
judgment, any installation on, or use or condition of the Licensed Property may have an
adverse effect on the Licensed Property (whether or not owned by CITY) or CITY’S
operations, CITY shall be permitted to conduct any tests or assessments, including but
not limited to environmental assessments, of, on or about the Licensed Property, as it
determines to be necessary or useful to evaluate the condition of the Licensed Property.
LICENSEE shall cooperate with CITY in any tests or inspections deemed necessary by
CITY. LICENSEE shall pay or reimburse CITY, as appropriate, for all reasonable costs
and expenses incurred due to the tests, inspections or any necessary corrective work and
inspections thereafter within thirty (30) days of a request for payment.
12. Insurance. LICENSEE, at its sole cost and expense, shall obtain and maintain,
and require its contractors and subcontractors to obtain and maintain, in full force and
effect insurance as required by CITY in the amounts and coverage specified and issued
by insurance companies as described on Exhibit “C”, attached hereto and incorporated
herein by this reference. CITY reserves the right, to review and change the amount and
type of insurance coverage it requires in connection with this Agreement. Prior to (i)
entering the Licensed Property or (ii) performing any work or maintenance, LICENSEE
shall furnish CITY with the insurance endorsements and certificates in the form and
amounts specified in Exhibit “C”, evidencing the existence, amounts and coverage of
the insurance required to be maintained hereunder. In most instances, CITY does not
allow self-insurance, however, if LICENSEE can demonstrate assets and retention
funds meeting CITY’s self-insurance requirements, CITY may permit LICENSEE to self-
insure; provided, however, that the right to self -insure with respect to any coverage
required to be maintained hereunder may be granted or revoked by CITY in its sole and
absolute discretion. CITY shall not be liable for the payment of any premiums or
assessments for insurance required to be maintained by LICENSEE under this
Agreement.
13. Subordinate Rights. This Agreement is subject and subordinate to the prior and
future rights and obligations of CITY, its successors and assigns, to use its property in
the exercise of its powers and in the performance of its duties. Accordingly, there is
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reserved and retained unto CITY, its successors, assigns and permittees, the right to
construct, reconstruct, maintain and use existing, and facilities and appurtenances and
existing and future transportation, communication, pipeline facility and other facilities
and appurtenances in, upon, over, unde r, across and along the Licensed Property, and
in connection therewith, the right to grant and convey to others, rights and interests to
the Licensed Property in, on and around the Licensed Property. This Agreement is
subject to all licenses, leases, easements, restrictions, conditions, covenants,
encumbrances, liens, claims and other matters of title (hereinafter referred to as “Title
Exceptions”) which may affect the Licensed Property now or hereafter, and the words
“grant” or “convey” as used herein shall not be construed as a covenant against the
existence of any such Title Exceptions.
14. Indemnity.
A. LICENSEE agrees to indemnify and hold harmless City, its employees,
officers, agents, and volunteers from any and all claims, actions, or losses, damages
and/or liability resulting from LICENSEE’s negligent acts or omissions arising from
LICENSEE’s performance of its obligations under this Agreement. LICENSEE’s
indemnification obligations do not extend to claims arising out of or pertaining to the
sole negligence or willful misconduct of the CITY.
B. CITY agrees to indemnify and hold harmless LICENSEE, its employees,
officers, agents, and volunteers from any and all claims, actions, or losses, damages
and/or liability resulting from CITY’s negligent acts or omission arising from the CITY’s
performance of its obligations under this Agreement. CITY’s indemnification obligations
do not extend to claims arising out of or pertaining to the sole negligence or willful
misconduct of the LICENSEE.
C. In the event that CITY and/or LICENSEE is found to be comparatively at
fault for any claim, action, loss or damage which results from their respective obligations
under this Agreement, CITY and LICENSEE shall indemnify the other to the extent of
this comparative fault.
15. Assumption of Risk and Waiver. To the maximum extent allowed by law,
LICENSEE assumes any and all risk of loss, damage or injury of any kind to any person
or property. LICENSEE’s assumption of risk shall include, without limitation, loss or
damage caused by defects in any structure or improvement on the Licensed Property,
accident or fire or other casualty on the Licensed Property, or electrical discharge, and
noise or vibration resulting from CITY’s transit operations on or near the Licensed
Property, if applicable. The term “CITY” as used in this Section shall include any other
persons or companies employed, retained or engaged by CITY. LICENSEE, on behalf
of itself and its Personnel, as a material part of the consideration for this Agreement,
hereby waives all claims and demands against CITY for any such loss, damage or injury
of LICENSEE and/or its Personnel. In that connection, LICENSEE waives, for itself and
its Personnel, the benefit of California Civil Code Section 1542, which provides as
follows:
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A general release does not extend to claims that the creditor
or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release and that, if
known by him or her, would have materiality affected his or
her settlement with the debtor or released party.
The provisions of this Section and of Sections 6.B, 14 and 16 shall survive the termination
of this Agreement. As used in th is Section, “Personnel” means the LICENSEE, or its
officers, directors, affiliates, or anyone directly or indirectly employed by LICENSEE or for
whose acts LICENSEE is liable.
16. Defense. Upon written notice from CITY, LICENSEE agrees to assume the
defense of any lawsuit, administrative action or other proceeding brought against the
Indemnitees by any public body, individual, partnership, corporation, or other legal
entity, relating to any matter covered by this Agreement for which LICENSEE has an
obligation to assume liability for and/or to indemnify or save and hold harmless the
Indemnitees. LICENSEE shall pay all the costs incident to such defense, including, but
not limited to, attorneys’ fees, investigators’ fees, litigation expenses, settlement
payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or
administrative actions brought or threatened on any theory of relief available at law, in
equity or under the rules of any administrative agency shall be covered by this Section,
including, but not limited to, the theories of intentional misconduct, negligence, breach
of statute or ordinance, or upon any theory created by statute or ordinance, state or
federal.
17. Attorneys’ Fees. In any judicial or arbitration proceeding involving perf ormance
under this Agreement, or default or breach thereof, the prevailing party shall be entitled
to its reasonable attorneys’ fees and costs.
18. Successors and Assigns. All the covenants and provisions of this Agreement shall
be binding upon and inure to the benefit of the successors, legal representatives and
assigns of the CITY and LICENSEE to the same extent and effect as the same are binding
upon and insure to the benefit of the Parties hereto.
19. Survival of Obligations. All obligations of LICENSEE hereunder not fully performed
as of the termination or cessation of this Agreement in any manner shall survive the
termination of this Agreement.
20. Assignment. This Agreement and the license granted herein are personal to the
LICENSEE. LICENSEE shall not assign or transfer (whether voluntary or involuntary)
this Agreement in whole or in part, or permit any other person or entity to use the rights
or privileges hereby conveyed, without the prior written consent of CITY, which may be
withheld in CITY’s sole and absolute discretion. Any attempted act in violation of this
Section shall be void and without effect and give CITY the right to immediately terminate
this Agreement.
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21. Waiver of Covenants or Conditions. The waiver by CITY of the performance of
any covenant or condition under this Agreement shall not invalidate this Agreement nor
shall it be considered a waiver by it of any other covenant or condition under this
Agreement.
22. Amendment. This Agreement may be amended at any time by the written
agreement of CITY and LICENSEE. All amendments to this Agreement shall be binding
upon the Parties despite any lack of legal consideration, so long as the same shall be in
writing and executed by the Parties hereto.
23. Revocation. If, at any time, LICENSEE shall fail or refuse to comply with or carry
out any of the covenants herein contained, CITY may, at its election, immediately revoke
and terminate this Agreement unless a longer notice period is specifically provided for
elsewhere in this Agreement.
24. Abandonment. Should LICENSEE at any time abandon the Licensed Property, or
any part thereof, or fail at any time for a continuous period of six (6) months to use the
same for the purposes contemplated by this Agreement, then CITY may terminate this
Agreement to the extent of the portion so abandoned or discontinued. In addition to any
other rights or remedies, CITY shall immediately be entitled to exclusive possession and
ownership of the portion so abandoned or discontinued, without the encumbrance of this
Agreement or any license granted herein.
25. Eviction, Abandonment or Sale. In the case of the eviction of LICENSEE by the
sale or abandonment by CITY of said premises, CITY shall not be liable to LICENSEE for
any damage of any nature whatsoever or to refund any payment made by LICENSEE to
CITY hereunder, except the proportionate part of any recurring charge which may have
been paid hereunder in advance.
26. Condemnation. In the event all or any portion of the Licensed Property shall be
taken or condemned for public use (includin g conveyance by deed in lieu of or in
settlement of condemnation proceedings), any commission or damages arising out of
such taking or condemnation awarded to LICENSEE are hereby assigned by LICENSEE
to CITY.
27. Revocable Licenses and Termination. LICENSEE agrees that notwithstanding the
improvements made by LICENSEE to the Licensed Property, or other sums expended by
LICENSEE in furtherance of this Agreement, the license granted herein is revocable and
may be terminated by CITY in accordance with the terms of this Agreement.
28. Restoration of CITY’s Property, Claims for Costs. Upon the termination, revocation
of cessation of this Agreement in any manner provided in this Agreement, LICENSEE,
upon demand of CITY and at LICENSEE’s own cost and expense, shall restore the
Licensed Property of CITY to the same condition in which they were prior to the entry of
this Agreement, reasonable wear and tear excepted. In case LICENSEE shall fail to
restore Licensed Property as aforesaid within ten (10) days after the effective date of
termination, CITY may proceed with such work at the expense of LICENSEE. No
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termination hereof shall release LICENSEE from any liability or obligation hereunder,
whether of indemnity or otherwise, resulting from any acts, omissions or events
happening prior to the date the Licensed Property restored as above provided.
29. Notice. Any notice hereunder to be given by CITY to LICENSEE shall be deemed
to be properly served on the date it is deposited in the United State s Mail, postage
prepaid, addressed to such party at its address set forth in the Basic License Provisions.
Either CITY or LICENSEE may change its address for the receipt of notice by giving
written notice thereof to the other party of such change. Notices shall be effective on the
date delivered to custody of the U.S. Postal Service.
30. Nondiscrimination. LICENSEE certifies and agrees that all persons employed
thereby and/or the affiliates, subsidiaries, or holding companies thereof and any
contractors retained thereby with respect to the Licensed Property are and shall be
treated equally without regard to or because of race, religion, ancestry, national origin, or
sex, and in compliance with all federal and state laws prohibiting discrimination in
employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil
Rights Act; the Cartwright Act; and the California Fair Employment Practices Act.
31. Taxes. LICENSEE shall be liable for and agrees to pay promptly and prior to
delinquency, any tax or assessment, including but not limited to any possessory interest
tax, levied by any governmental authority against the Licensed Property and/or any
personal property, fixtures or equipment of LICENSEE used in c onnection therewith.
32. Liens. LICENSEE shall not suffer or permit to be filed or enforced against the
Licensed Property, or any part thereof, any mechanics’, materialmen’s, contractors’, or
subcontractors’ liens or stop notices arising from, or any claim for damage growing out
of, any testing, investigation, maintenance or work, or out of any other claim or demand
of any kind.
33. Counterparts; Facsimile Signatures. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same instrument. Facsimile signatures shall be considered
original signatures.
34. Severability. If any term, covenant, condition or provision of this Agreement, or the
application thereof to any person or circumstance, shall to any extent be held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms,
covenants, conditions, or provisions of this Agreement, or the application thereof to any
person or circumstance, shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
35. Captions. The Captions included in this Agreement are for convenience only and
in no way define, limit, or otherwise describe the scope or intent of this Agreement or any
provision hereof, or in any way affect the interpretation of this Agreement.
36. Time of Essence. Time is of the essence in this Agreement.
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37. No Recording. LICENSEE shall not record or permit to be recorded in the official
records of the county where the Licensed Property is located any memorandum of this
Agreement or any other document giving notice of the existence of this Agreement or the
license granted hereby.
38. Entire Agreement. This Agreement and the Exhibits hereto constitute the entire
agreement between the CITY and LICENSEE with respect to the subject matter hereof
and supersede all prior verbal or written agreements and understandings between the
Parties with respect to the items set forth herein.
39. Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in San Bernardino County.
40. Electronic Signature. Each Party acknowledges and agrees that this Agreement
may be executed by electronic or digital signature, which shall be considered as an
original signature for all purposes and shall have the same force and effect as an
original signature
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR LICENSE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first written above.
CITY
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
LICENSEE
CALIFORNIA STATE UNIVERSITY,
SAN BERNARDINO
Signature
Name
Title
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JC Cortez
Lead Procurement & Contract Specialist
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EXHIBIT A
DESCRIPTION OF LICENSED PROPERTY
Fiscalini Field Description for Contractual Purposes:
Location: San Bernardino, California, situated within Perris Hill Park.
Facilities:
1. Field Dimensions: Standard baseball field dimensions with a professional-grade
infield and well-maintained outfield.
2. Seating Capacity: Accommodates several thousand spectators. The seating area
comprises metal and wooden bleachers.
3. Dugouts: Two dugouts, one for the home team and one for the visiting team,
equipped with benches and storage facilities.
4. Press Box: An elevated press box equipped with communication facilities and
space for media personnel.
5. Lighting: Adequate lighting fixtures for evening and nighttime events.
6. Concession Stands: Available for food and beverage services.
7. Restrooms: Male, female, and accessible restroom facilities.
8. Parking: Adjacent parking facilities with capacity for a specified number of
vehicles (exact number to be provided based on current data).
9. Accessibility: The stadium is accessible for differently-abled individuals, with
ramps and other necessary facilities.
10. Safety: Equipped with emergency exits, fire extinguishers, and other safety
measures compliant with local regulations.
Usage: Suitable for hosting baseball games, including high school, college, and semi -
professional matches. Additionally, the field can be used for community events,
concerts, and other gatherings, subject to approval and any necessary modifications.
Maintenance: The field and its facilities are regularly maintained to ensure safety and
functionality. Any party renting or using the facility is expected to return it in the
condition it was provided, barring regular wear and tear.
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EXHIBIT B
LICENSEE USE/MAINTENANCE OBLIGATIONS
Unless otherwise stated below, all terms and conditions of maintenance and use
set forth below are to be followed by LICENSEE authorized by the CITY to utilize
and/or maintain Fiscalini Field.
1. Play not to exceed two games a day and 5 games per week unless prior
authorization has been secured by CITY management.
2. Field shall be mowed a minimum of once per week by a qualified CITY
maintenance staff with a mower designed for athletic field mowing at a height that
is associated with good athletic field maintenance- 1 inch suggested.
3. LICENSEE shall furnish its own equipment (rake, drag, tamp, hose coupler, broom,
small utility vehicle).
4. LICENSEE shall ensure that field and bullpens are maintained after every use by
LICENSEE.
5. LICENSEE shall ensure that the cut outs, baselines, and home plate areas must
be raked and NOT dragged.
6. General maintenance vehicles used by LICENSEE must remain on the outfield
warning track.
7. Except for a small utility vehicle to “drag” with, LICENSEE shall not permit
maintenance vehicles in the infield.
8. LICENSEE shall not allow vehicles to be driven in front of the dugouts, across the
plate, or in the baselines.
9. When dragging the infield, LICENSEE shall ensure the drag should remain one
foot from the edge of the grass.
10. LICENSEE shall ensure that the pitching mound is maintained and tarped after
every use.
11. LICENSEE shall ensure that dugout trash should be picked-up and dugouts
should be swept after each use.
12. No materials should be added to the field by LICENSEE without CITY
management and/or Maintenance Division Manager approval (i.e. drying agents,
field conditioners etc.
13. LICENSEE shall have a designated maintenance worker to receive training from
the CITY approved, athletic field maintenance personnel.
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14. Any destruction, vandalism, theft shall be reported immediately to the CITY and
fixed by the LICENSEE immediately.
15. Any general “wear and tear” irrigation issues should be reported to the CITY
immediately for prompt repair. Irrigation damage resulting from LICENSEE neglect
shall be reported to the CITY immediately and repaired by the LICENSEE within
24 hours.
16. LICENSEE shall provide a detailed use schedule to the CITY for approval prior to
use.
17. LICENSEE will be required to refrain from field use during scheduled annual field
maintenance and renovation.
18. National tournaments of LICENSEE can exceed the number of games limitations
with CITY approval, provided that said tournaments must have national sports
tourism benefit and implications.
19. Annual renovation of the field will occur November 1 – December 1 of each year.
During this time, no play by LICENSEE shall occur on the infield or outfield.
20. Routine CITY maintenance of field will occur Wednesday of each week; during
such time no play by LICENSEE shall occur on the infield or outfield.
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EXHIBIT C
INSURANCE REQUIREMENTS
LICENSEE shall obtain, and shall require any consultant or contractor entering the
Licensed Property on its behalf to obtain insurance of the types and in the amounts
described below and satisfactory to the CITY.
A. Commercial General Liability Insurance. LICENSEE shall maintain
occurrence version commercial general liability insurance or equivalent form with a
combined single limit of not less tha n $2,000,000 per occurrence, with a general
aggregate limit no less than $4,000,000. Such insurance shall include coverage for, but
not be limited to: (i) bodily injury and property damage; (ii) personal injury and advertising
injury; (iii) fire legal liability; and (iv) products and completed operations. Such insurance
policy or policy endorsement shall:
1. Include the CITY, its officials, officers, employees, agents, and
consultants as additional insureds with respect to the Licensed Property and LICENSEE’s
installation, construction, operation, maintenance, repair, reconstruction, alteration,
removal or any other work that LICENSEE undertakes with respect to the Agreement;
2. Not contain special limitations on the scope of coverage or the
protection afforded to CITY, its officials, officers, employees, agents and consultants as
additional insureds;
3. Be primary with respect to any insurance or self-insurance programs
covering CITY, its officials, officers, employees, agents and consultants;
4. Contain standard separation of insured provisions; and
5. Contain a waiver of subrogation that waives any right the insurer has
against CITY for any claims or suits.
C. Automobile Liability. LICENSEE shall acquire and maintain during the
period of the Agreement, automobile liability with a combined single limit of $1,000,000.
E. Workers' Compensation Insurance. LICENSEE shall maintain workers'
compensation insurance with statutory limits and employers' liability insurance with limits
of not less than $1,000,000 each accident.
F. Privacy/Network Security (Cyber). LICENSEE shall maintain
privacy/network security insurance, in a form and with insurance companies acceptable
to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service,
and (4) the introduction, implantation or spread of malicious software code, in a form and
with insurance companies acceptable to CITY with limits of not less than $1,000,000 per
occurrence and aggregate.
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G. Aviation and/or Drone Liability. If the proposed use of the Licensed Property
will involve drones, LICENSEE shall maintain Aviation and/or Drone Liability insurance
for bodily injury and property damage, in a form and with insurance companies acceptable
to the CITY, with $1,000,000 per occurrence limit.
H. Certificates of Insurance. LICENSEE shall, prior to (i) entering the Licensed
Property or (ii) performing any installation, construction, operation, maintenance, repair,
reconstruction, alteration, removal or any other work that LICENSEE undertakes with
respect to the Agreement, furnish CITY with properly executed certificates of insurance
and, if requested by CITY, certified copies of endorsements and policies, which clearly
evidence all insurance required under this Agreement and provide that such insurance
shall not be canceled, allowed to expire or be materially reduced in coverage, except on
thirty (30) days’ prior written notice to CITY. CITY shall have the sole discretion to
determine whether the certificates and endorsements presented comply with the
provisions of this Agreement.
I. Coverage Maintenance. LICENSEE shall replace certificates, policies and
endorsements for any insurance expiring prior to the termination of this Agreement and
shall not allow any lapse in coverage. Further, LICENSEE shall maintain such insurance
from the execution of this Agreement until the Licensed Property fully restored, except as
otherwise provided in this Agreement.
J. Licensed Insurer. LICENSEE shall place such insurance with insurers
having A.M. Best Company ratings of no less than A:VIII and licensed to do business in
California.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Agreement with FileOnQ Incorporated, and Issue a
Purchase Order (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize:
1. The City Manager or designee to execute a Professional Services Agreement with FileOnQ
Incorporated.
2. The Director of Finance and Managment Services to issue a purchase order to FileOnQ
Incorporated in an amount not to exceed $253,153.84.
Executive Summary
The Police Department’s evidence cataloging system needs to be upgraded to a digital system.
After an RFP and thorough vetting process, FileOnQ Incorporated was selected to be the
service provider. The Police Department has sufficient funding allocated in the budget to
purchase this solution.
Background
The police department is in dire need of updating its evidence cataloging system. The current
process is antiquated and requires manual inputting of information. This process has caused
a significant backlog of evidence that should have been disposed of years ago. Due to this
backlog, the evidence room has experienced overcrowding, and available space is becoming
scarce in the property room. A digital system will assist in identifying evidence that shall be
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retained for court proceedings as well as notify technicians when the evidence can be disposed
of. If items of evidence are disposed of prematurely, it could cause irreversible issues for future
litigation and expose the city to liability.
The current industry standard has transitioned to a digital barcoding system, which will help
catalog evidence and assist in setting reminders on evidence that is up for destruction. A digital
database would save the man hours of manually inputting data and save on paper needed for
evidence tags and evidence disposition forms. On June 21st, 2023, staff issued an RFP
requesting proposals from different vendors for a Digital Evidence Management solution for
police evidence. The RFP closed on July 12th, 2023, and staff began a thorough vetting
process.
Discussion
The RFP process yielded numerous submissions from qualified vendors, each with innovative
solutions that appeared to meet the RFP requirements. As a result, the City began a thorough
vetting process, which included a Proposal Evaluation Committee being formed to rate each
vendor independently.
During the vetting process, staff discovered that some of the vendors did not have prior police
agency experience. Some of the products were not specific to property/evidence management,
nor was their software compatible with current department infrastructure as required and
outlined in the RFP requirements.
The Proposal Evaluation Committee received four competing companies to evaluate, and
Carahsoft Technologies didn't receive a passing score. FileOnQ, Inc. received the overall
highest passing score out of the remaining three companies, with Tracker Products scoring
the 2nd highest and lowest passing score being Foray Technologies.
Through the vetting process, staff identified FileOnQ Inc. as the only vendor that can currently
meet the needs of the Department. In addition, FileonQ Inc. has 23 years of experience and
provided data about the police department, showing better knowledge of the City and
Department needs. The vendor also provided a comprehensive list showing several California
agencies that use their software, including a customer with the same LERMS (Law
Enforcement Records Management System) as the San Bernardino Police Department.
Lastly, FileOnQ Inc. provides unlimited phone and online support, unlimited training, and
hardware lifetime replacement.
FileOnQ Inc.'s initial startup cost is slightly higher than that of Tracker Products. However, its
annual maintenance is considerably less than Tracker Products.
Although Foray Technologies is the least expensive option, the evaluation process revealed
several concerning issues from their company, such as "purchase of additional services for
customized configuration and training may be necessary," which they were unable to explain
to us what a customized configuration is or even how much additional money that may cost.
This is something that they wouldn’t be able to determine until after they started performing
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services for the Department once an agreement has been executed. They also have no local
experience. Their existing contracts were specific to the needs of a crime lab, which is not
equivalent to the needs of the San Bernardino Police Department's evidence room. Moreover,
their interface explanation lacked detail and didn't convince the committee how it would
integrate with our current LERMS.
The following table depicts the costs associated with the different vendor’s Digital Evidence
Management solutions:
Vendor Cost Annual Maintenance
Tracker Products $90,407.60 $55,500
Foray Tech.$103,660.50 $16,434.84- $17,958.81
FileOnQ, Inc.$130,898.89 $27,550
Carahsoft Tech.$374,473.79 Not clear in proposal
The following table depicts the cost associated with the top 3 vendors and costs associated
with yearly maintenance and total investment over five years.
Vendor 2023 2024 2025 2026 2027 Total
Tracker $90,407.60 $55,500.00 $55,500.00 $55,500.00 $55,500.00 $312,407.60
Foray $103,660.50 $16,434.84 $16,927.89 $17,434.74 $17,958.81 $172,417.78
FileOnQ $130,898.89 $27,550.00 $27,550.00 $27,550.00 $27,550.00 $241,098.89
Staff requests the issuance of a purchase order to FileOnQ, Inc. in an amount not to exceed
$253,153.84. The amount requested includes a five percent contingency to cover any
unforeseen expenses.
2021-2025 Strategic Targets and Goals
This contract for FileOnQ services aligns with Key Target No. 3c: Improved Quality of Life -
constantly evaluate public safety service delivery models to enhance the quality of service.
Fiscal Impact
The financial impact to the City is the expenditure of $253,153.84 from the general fund. There
is sufficient funding in the adopted FY 2023/2024 budget to cover this expenditure.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize:
1. The City Manager or designee to execute a Professional Services Agreement with FileOnQ
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Incorporated.
2. The Director of Finance and Management Services to issue a purchase order to FileOnQ
Incorporated in an amount not to exceed $253,153.84.
Attachments
Attachment 1 Professional Services Agreement
Attachment 2 Final FileOnQ, Inc. Quote
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND FILEONQ, INC.
This Agreement is made and entered into as of March 6, 2024, by and between
the City of San Bernardino , a charter city and municipal corporation organized and
operating under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), File OnQ, a
privately owned corporation with its principal place of business at 832 Industry Drive,
Seattle WA 98188 (hereinafter referred to as “Consultant”). City and Consultant are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of
professional services for the following project:
DIGITAL DATABASE OF POLICE EVIDENCE (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in
the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices . All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel identified in their
proposal. Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant’s performance of this Agreement. Consultant further represents that no
City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
in accordance with the Schedule of Charges set forth in Exhibit “A
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $241,098.89. First year cost is
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$130,898.89 . Beginning year two, the cost will be $27,550 per year. This amount is to
cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the
total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives
said invoice. The invoice shall describe in detail the services performed and the
associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as “Additional Services” and shall identify
the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the
City, and informal consultations with the other party indicate that a change is warranted,
it shall be processed in the following manner: a letter outlining the changes shall be
forwarded to the City by Consultant with a statement of estimated changes in fee or time
schedule. An amendment to this Agreement shall be prepared by the City and executed
by both Parties before performance of such services, or the City will not be requ ired to
pay for the changes in the scope of work. Such amendment shall not render ineffective
or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on March 6, 2024, and continue
through October 31, 2028, unless the Agreement is previously terminated as provided
for herein. The completion of services shall be set forth in Exhibit “A” (“Term”).
7. Maintenance of Records; Audits .
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
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include a Force Majeure Event. A Force Majeure Event shall mean an event that
materially affects the Consultant’s performance and is one or more of the following: (1)
Acts of God or other natural disasters occurring at the project site; (2) terrorism or o ther
acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals
by governmental authorities that are required for the services ); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining
and maintaining all permits required of Consultant by federal, state and local regulatory
agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Consultant’s performance shall conform in all material
respects to the requirements of the Scope of Work .
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at
all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate . Consultant shall, prior to execution of this
Agreement, obtain and maintain du ring the term of this Agreement a valid business
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registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent s hall be void and without legal effect and shall
constitute grounds for termination. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement. Nothing contained h erein shall
prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
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Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self -insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Consultant shall require all
subconsultants to obtain and maintain, for the period required by this Agreement, workers’
compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must specifically
include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the
Consultant shall maintain privacy/network security insurance for: (1) privacy breaches,
(2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation
or spread of malicious software code, in a for m and with insurance companies acceptable
to the City.
g. INTENTIONALLY LEFT BLANK
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
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Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualifie d
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary insurance
and that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement . Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made
pol icy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery pr ior to a loss. Consultant hereby waives
its own right of recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the City, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
m. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of
the Consultant’s services, the Project, or this Agreement, including without limitation the
payment of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, the City Council, members
of the City Council, its employees, or authorized volunteers. Consultant’s indemnification
obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation
shall be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant in the p erfor mance of
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the services or this Agreement, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements . Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such
Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Departme nt of Industrial Relations. Consultant shall maintain registration for the duration
of the Project and require the same of any subconsultants, as applicable. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
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developed for that portion of the work completed and/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work
completed prior to termination. If said termination occurs prior to completion of any task
for the Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
amount mutually agreed to by City and Consultant of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Consultant shall not be entitled
to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant’s professional services occurs, Consultant
shall, at no cost to City, provide all other services necessary to rectify and correct the
matter to the sole satisfaction of the City and to participate in any meeting required with
regard to the correction.
24. Prohibited Employment . Consultant shall not employ any current employee
of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
the property of the City.
27. Organization. Principal Contacts: Consultant shall assign Shannon Turner
as Project Manager, senior evidence expert and consultant, who will act as project
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manager and training coordinator. FileOnQ's Chief Technology Officer, Manoj Philip, will
also be a primary contact and available to attend an on-site meeting to represent the
installation, integration, and data import tasks. The Project Manager shall not be removed
from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Terri Sumrall,
Senior Management Analyst
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
FILEONQ, INC.
832 Industry Drive,
Seattle, WA 98188
Attn: Shannon, Turner, Vice President
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non -discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the
entire understanding of City and Consultant as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereun der. Each
Party acknowledges that no representations, inducements, promises , or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
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determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no official, officer
or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
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41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant
to perform its obligations under this Agreement or comply with the Performance Indicators
may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a
warning in regards to non-performance. If a verbal warning is issued, it will be confirmed
with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued
to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within
5 to 10 days of receipt of the formal warning. Upon response from the Consultant,
Consultant shall be provided a reasonable time to make corrections to their performance.
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s
current invoice amount or annual contract amount is deducted for non-performance after
previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been
corrected after all warnings and previous penalties have been exhausted, City may
terminate the contract pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND FILEONQ
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
ATTESTED BY:
Genoveva Rocha , CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
FILEONQ, INC.
Signature
Name
Title
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EXHIBIT A
Scope of Services
DIGITAL DATABASE OF POLICE EVIDENCE
1. SCOPE
The police department property and evidence bureau has requirements for
FileOnQ to furnish, install, implement, train staff and maintain support for an
integrable and customizable property and evidence management system
designed specifically for a law enforcement agency consisting of software,
hardware, scanners, printers, signature pads, user licenses, related materials
and supplies, integration and support work. FileOnQ, must work with our I.T
department on data conversion to copy all possible property data (and property -
related data) in the current Tyler/New World System MSP environment to the
new Property and Evidence system.
A. REQUIREMENTS
• Full accessibility/licenses to all users in the department
(approximately 350 users) for whom the service will be
provided. Access & support will be required 24/7. Employees
may be added or deleted from access to the platform at any
time during the contrac t term. The system should be accessible
from unlimited PCs, with no added charge per station. SBPD
has approximately 15+ proposed desktop workstations (exact
# TBD) and an entire fleet of vehicles fitted with MDCs for
mobile operations. All the desktop stations needed to be set up
with dedicated scanners, label printers, signature pads, user
licenses and related materials.
• The program must be compatible with Tyler New World
systems and be user friendly and easily accessibility.
• End users must be able to access the system from a browser-
based intranet connection to be used remotely, away from a
desktop computer for use in the field. The contractor shall
provide ongoing support, warranty all software & hardware in
the best manner possible at no additional charge to the
city. The contractor shall maintain maintenance, support, and
repair of the software and hardware and all future upgrades to
the platform are included in the initial capital purchase.
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B. INTERFACE
• The program must have an interface that will copy data from the
new Property and Evidence system to the Tyler/New World
Property and Evidence system is required and provide a two-
way flow of information to present a complete view of evidence
from either pr oduct. The platform functionality must improve
records accuracy and help ensure that people are working with
the most up-to-date information.
• The system must have the ability to customize screens quickly
and easily to meet our unique needs. It must be very simple and
straightforward and have the means to add, delete, rename,
modify, and reposition fields to so that data entry is as simple as
possible and will easily follow our agency’s existing workflow
and specific policies and procedures. The platform, once
customized to meet our distinct configurations, should still
operate on the initial version as well as with any upgrades from
FileOnQ. The profile screen should be flexible during the initial
implementation phase, but also functioning with any changes
that are made to the profile screen. SBPD needs the ability to
make changes to the application as our needs change and there
should be no cost to make changes.
• The application must meet the specific needs of SBPD without
any change in the underlying code and must allow the user to
change the application configuration and UI without involving
relying on support from FileOnQ. The lack of any custom code
in the software will ensure that SBPD will not be locked into a
specific branch of code, nor will we be excluded from any future
upgrades.
• The program should have the ability to focus on a stable core
platform that is robust, all the while adding new features at a
steady pace with easy to install global updates ensuring the
lowest total cost of ownership for the customer.
• SBPD needs FileOnQ to be available for all phases of
installation, to include program building, staff training, program
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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integration, program launch, program monitoring, service &
support. The contractor shall install, build to custom
specifications a property & evidence management system tailor
made for the San Bernardino police department.
• All software, hardware, future software upgrades, and related
materials and supplies, integration and support work shall be
maintained, covered, and repaired as needed by the contractor
as part of the terms and conditions set forth.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here:
__________________________________________
____________________________________________________________________
_____
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city.
BIDDER’S RESPONSE:
C. SYSTEM FUNCTIONALITY
• SBPD wants to utilize barcode technology to the fullest to
manage evidence quickly and efficiently. Ideally, data entry,
searching, and scanning needs to be done from one screen and
all fields on the profile screen are searchable. All transactions
must have an automatic and unalterable audit trail for chain -of-
custody purposes. The platform must have the ability to capture
when an item was created, transferred, edited, requested, and
when barcode labels are printed. The audit trail should include
the old value, new value, the identity of the user, the name of
the PC used, the IP address, and the name of the Windows
user and a home location, date created, edited, and transferred
for all records. Barcode label format and style should be user
defined and include any combination of data from the profile
screen, but it should have the capability to be changed by the
user at any time as our needs change.
• The system must always automatically assign the next available
item number in the case to avoid duplicate numbers and all
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barcode numbers that are system generated will never be
duplicated.
• The platform must be able to produce customized forms and
reports.
• Users should have the ability to submit requests for property
and evidence within the system with data can be easily exported
into Excel (or similar) spreadsheets for workflow.
• We require a system that can provide various/numerous/custom
methods for global queries for all data with unlimited custom
queries which can be created, named, and saved to run
regularly. SBPD has approximately 150,000 items of evidence.
We are currently working towards reducing our inventory and
purging items which no longer retain evidentiary value.
AUTOMATION is a necessity. Because of the large inventory
and a rising trend in evidence intake we need the ability to
receive, move, and inventory items in large batches. Oftentimes,
cases are linked or cross referenced so if a case number needs
to be corrected for 150 items, they can be done in one
transaction instead of doing all 150 individually. Large projects
need to be performed such as transferring a group of items to a
new location, for “pending destruction” and “pending auction”
large batches of dispositioned items for destruction.
• We need an efficient means of conducting inventories. Ideally
this function should be performed using a barcode scanner. The
management system should generate an exception report and
show all items accounted for, items missing and items in
incorrect locations.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here:
__________________________________________
____________________________________________________________________
_____
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
D. RENTENTION/RECORD KEEPING
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• We also have sensitive records which need to be
locked for viewing. And certain reports, notes, and
fields need to be restricted to certain
groups. Ideally, we need customized dashboards
which can be displayed in the web portal based on
user group (ADMIN & IA, Detective bureau, Patrol,
Discovery, etc.)
• We need a system which automatically assigns
retention review dates.
• We need a system with pre-determined time
clocks that, when they expire will send a notice to
the case agent I.E. items checked out too long,
checked out for court/analysis/review etc. and
anything not returned in a timely manner, items for
review and items for disposition. The system must
be able to be manipulated to perform these
automated tasks and assign triggers for all manner
of customized scenarios. And any information
entered into the system, automatic notices, field
values, case notes, logs, telephone messages and
anything related to an item of evidence needs to
be searchable.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here:
__________________________________________
____________________________________________________________________
_____
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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SCHEDULE OF CHARGES
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EXHIBIT B
KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS
1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the
City/San Bernardino Police Department and will be reviewed on a quarterly
basis.
• Consultant will track and document all performance measures identified in the
Performance Plan. Measures will include, but a not limited to the measures listed
below:
• Consultant will develop and distribute, electronically, a monthly summary report
showing the current status and 12 month trend of each performance measure
• Consultant will attend quarterly meetings scheduled by the City/SAN
BERNARDINO POLICE DEPARTMENT and present and discuss performance
measures
• Consultant will track all cost savings for all orders requested by Waste
Resources and will report their total Cost Savings on a quarterly basis
2. Performance Measures
1. Safety:
a. Definition: the condition of being protected from or unlikely to cause
danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting
work on a county facility and/or delivery materials and services to a county
facility
2. Quality:
a. Definition: the standard of something as measured against other things of
a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was
the monitor installed correctly, crooked, upside down? Were
monthly/annual inspections done correctly/on time, were they incomplete.
3. Cost Savings:
a. Definition: a reduction in expenses, especially in business
b. Cost Savings Measure is related savings that a vendor makes and passes
on to the County.
4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator
measuring the rate of finished product and deliveries made in time . This
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rate is expressed in a total number of units delivered within a set period
defined by the customer and the supplier.
b. On-Time Delivery measure is related to service contracts, were the
samples delivered on time to the lab. This can also refer to pick -up
services such as with environmental contracts that deal with hazardous
samples
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RFP F-23-53
REF#:202922 |PAGE#1 |PREPARED BY:
YOUR SUCCESS IS
OUR SUCCESS.
COST PROPOSAL
Software Retail
Price Qty Subtotal
EvidenceOnQ application server license for up 1 million records.
Requires SQL server 2016 or higher provided by customer.Includes all
functionality set out in requirements of RFP,NOT INCLUDING
exceptions noted in Exhibit A.Also includes the following software:
WebView module, requires IIS server provided by customer.
MobileOnQ module, including software for 1 mobile device.
eDocs and electronic imaging module
Active directory integration
Notification module, including configuration of 5 triggers.
Duplicate database for training and integration testing.
$96,145 1
$67,301.50
Discount (%)-30
Professional Services
Profile screen design and configuration. Includes population of user
groups and permissions, lookup tables, locations, barcode design, etc.
Import existing data from New World.Customer will provide extracted
data in a tab delimited text file.
Remote installation of software, modules, and peripheral hardare.
3 Days on-site training. Includes travel and per diem costs. Includes
written training materials and recorded training video for officers.
10 custom reports to include Property Report, Chain of Custody, Check-
out Receipt, Named list, Owner letter, Auction Manifest, Items by Year
chart, Random Audit Report, Receipt Re-print, Random Percentage Audit
Report.
Integration development with New World RMS.
12 months annual maintenance and support.Maintenance and support
will be billed annually beginning year two at the rate of $27,550.
(Includes maintenance and support of all software, integration, future
upgrades, and hardware replacement.)
$65,086 1
$52,068.80
Discount (%)-20
Total $119,370.30
$96,145
$65,086
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RFP F-23-53
February 23, 2023
REF#:202922 |PAGE#2 |PREPARED BY:
YOUR SUCCESS IS
OUR SUCCESS.Peripheral Hardware Price Qty Subtotal
Symbol LS 2208 Attached USB Scanner $140 0 $0
Symbol Li 4278 USB Wireless Scanner $435 3 $1,305
Topaz Signature Pad (USB)$485 1 $485
Zebra TC72x package:PDA device,
charging/docking station, pistol grip
trigger, and power supply.
$2,995 1 $2,995
Zebra ZD240 TT Thermal Barcode Label
Network Printer
$640 4 $2,560
Zebra 4.33" Ribbon Cartridges - 6
Cartridges per case
Wax/Resin Ribbon Cartridges - 6 Cartridges per case.
$107 8 $856
4"x2" Polypro 1000 Labels 4 roll per case
1100 labels per roll - total 4400 labels per case
$200 12 $2,400
Hardware total
Subtotal $10,601
Tax on Hardware (8.75%)+$927.59
Your proposed investment for the solutions and products
selected and outlined above is:
$129,971.30
NOTE:Cost is all-inclusive. FileOnQ will not charge for any additional work or hours related to the
services and installation outlined.
PAYMENT SCHEDULE
Phase 1 Billed upon Receipt of Purchase Order 50%
Phase 2 Billed upon Completed Installation 50%
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Amendment No. 1 to Agreement with RHA Landscape
Architects – Planners Inc. for Seccombe Lake Park
Design Services (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Agreement with RHA Landscape
Architects – Planners Inc. in the amount of $26,000 for Nicholson
Neighborhood Park Improvements (Project); and
2. Authorize project contingencies in the total amount of $27,000 for design of
the Project; and
3. Authorize the City Manager or designee to execute all documents with RHA
Landscape Architects – Planners Inc.; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
5. Renew the term of the agreement to September 21, 2024.
6. If necessary, authorize the City Manager to renew the term of the agreement
for up to two additional one-year terms.
Executive Summary:
Amending the Agreement for Design Services for the Seccombe Lake Park Project
would lead to the construction of park amenities, returning the park to a safe and
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attractive condition. The amendment would allow RHA Landscape Architects –
Planners Inc. (RHA) to complete additional work necessary for the design of the
park improvements. Amendment No. 1 will include RHA’s design services fee of
$26,000. Additional funds are recommended for contingencies in the amount of
$27,000. The total cost for the additional design services including contingencies is
$53,000.
Background
The project will revitalize the Seccombe Lake Park with new amenities, and
restoration of existing infrastructure. It will re-create a sense of place and become
a gathering point for people living and working in the downtown area. It will be a
place to hold events and gatherings. This park will help build a safer community,
provide a place to play, walk, and exercise while enjoying the outdoors.
Seccombe Lake Park is located in the center of the City and has been serving the
surrounding community for many years. Due to neglect and vandalism, the Park has
not felt welcoming to visitors. The Seccombe Lake Park will receive a new look and
be recreated to meet the current recreational needs of the neighborhood and
community.
On July 19, 2023, the Mayor and City Council approved a concept plan that included
a variety of park improvements. The improvements included, but are not limited to,
playground equipment, lighting, ADA accessibility, exercise stations, gazebo
renovations, parking lot rehabilitation, renovation of dirt/gras areas, and new
restrooms.
Discussion
RHA is requesting authorization for additional work to complete electrical design
services for the Seccombe Lake Park Project. During a site visit for the design of the
park improvements, RHA noted that damage was done to the park electrical system.
The damage identified during the site visit occurred after the design services
agreement was awarded. As a result, additional electrical work needs to be completed
to allow park operation. Since the electrical scope of work needed to be revised, City
staff also discussed additional revisions to the electrical system, which have been
included in the work plan. The fee for the additional electrical improvements is $26,000.
Staff recommends the inclusion of an additional $27,000 for design services
contingencies for other work that may result from unforeseen circumstances.
The total cost of the additional electrical improvements and contingencies is $53,000.
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2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 4: Economic
Growth & Development. The additional amenities to Seccombe Lake Park will improve
community participation for recreational activities and provide a safe and well-
maintained community park.
Fiscal Impact
There is no General Fund impact associated with this action. Funding for this project
has been secured through the American Rescue Plan (ARP) Grant funding with a
remaining balance of $8,876,371. and the San Manuel Band of Mission Indians with
a remaining balance of $780,594.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Agreement with RHA Landscape
Architects – Planners Inc. in the amount of $26,000 for Nicholson
Neighborhood Park Improvements (Project); and
2. Authorize the project contingencies in the total amount of $27,000 for design
of the Project; and
3. Authorize the City Manager or designee to execute all documents with RHA
Landscape Architects – Planners Inc.; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
5. Renew the term of the agreement to September 21, 2024.
6. If necessary, authorize the City Manager to renew the term of the agreement
for up to two additional one-year terms.
Attachments
Attachment 1 Amendment No 1. To Agreement with RHA Landscape
Architects – Planners Inc.
Attachment 2 Agreement with RHA Landscape Architects - Planners Inc.
Attachment 3 Location Map
Ward:
Ward 1
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Synopsis of Previous Council Actions:
September 21, 2022 Mayor and City Council approved design services agreement
award for Seccombe Lake Park Revitalization Project.
June 21, 2023 Mayor and City Council approved the Concept Plan for the
Seccombe Lake Park Revitalization Project.
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AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE
SPEICHER MEMORIAL PARK BALLFIELD IMPROVEMENTS PROJECT
This Amendment No. 1 to the Design Services Agreement is made and
entered into as of March 6, 2024 ("Effective Date"), by and between the City of
San Bernardino, a charter city and municipal corporation ("City") and RHA
Landscape Architects - Planners, Inc., a California corporation ("Consultant").
City and Consultant are sometimes referred to herein individually as a "Party"
and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an
agreement, dated, September 21, 2022, for the purpose of design services for
the Speicher Memorial Park Ballfield Improvements Project (the "Original
Agreement").
B. WHEREAS, the Parties now desire to amend the Original
Agreement in to include additional services and to provide compensation for
the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and
the Original Agreement, as previously amended, the Parties mutually agree as
follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and
correct and are hereby incorporated herein by this reference.
2. Services. The Scope of Services for the Original Agreement is
hereby amended to include additional services as more particularly described
in Exhibit “A-1”, attached hereto to this Amendment No. 1 and incorporated
herein by this reference.
3. Compensation. The total not to exceed compensation amount
shall be increased by Fifty-Three Thousand Dollars ($53,000) increasing the
total not to exceed compensation amount from Five Hundred Thirty-Seven
Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety
Thousand Eight Hundred Fifty-Five Dollars ($590,855).
4. Full Force. Except as amended by this Amendment No. 1, all
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provisions of the Original Agreement, as previously amended, including
without limitation the indemnity and insurance provisions, shall remain in full
force and effect and shall govern the actions of the Parties under this
Amendment No. 4.
5. Electronic Transmission. A manually signed copy of this
Amendment No. 4 which is transmitted by facsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as
delivery of an original executed copy of this Amendment No. 1 for all
purposes. This Amendment No. 1 may be signed using an electronic
signature.
6. Counterparts. This Amendment No. 1 may be signed in
counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1
on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: RHA LANDSCAPE
ARCHITECTS PLANNERS, INC.
Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
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EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
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Attach men t 3
Sec c ombe Lake Park
600 ft
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Amendment No. 1 to Agreement with IDS Group Inc.
for Speicher Memorial Park Design Services (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Agreement with IDS Group Inc. in the
amount of $209,179 for Speicher Memorial Park Improvements (Project);
and
2. Authorize the project contingencies in the total amount of $39,000 for design
of the Project; and
3. Authorize the City Manager or designee to execute all documents with IDS
Group, Inc.; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Executive Summary:
Amending the Agreement for Design Services for the Speicher Memorial Park
Project would lead to the construction of park amenities, returning the park to a safe
and attractive condition. The amendment would allow IDS Group, Inc. (IDS) to
complete additional work necessary for the design of the park improvements.
Amendment No. 1 will include IDS’s design services fee of $209,179. Additional
funds are recommended for contingencies in the amount of $39,000. The total cost
for the additional design services including contingencies is $248,179.
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Background
Speicher Memorial Park is a 29-acre facility, which includes five baseballs fields. The
project will revitalize the park with improved amenities, and restoration of existing
infrastructure. The park will receive an updated look and be recreated to meet the
current recreational needs of the neighborhood and community.
On March 1, 2023, the Mayor and City Council approved Resolution No. 2023-036
rejecting construction bids for Speicher Park Renovation. Since the City received only
one construction bid and the received bid amount was significantly above the
Engineer’s overall estimate, Public Works staff recommended that the City Council
reject the bid submitted for the subject project and allow staff to re-evaluate the project,
coordinating with the Parks and Recreations Department to revise the scope of work
to stay within the available budget.
On June 21, 2023, the Mayor and City Council awarded a design services agreement
to IDS. The scope of work included, but is not limited to, lighting, ADA accessibility,
parking lot rehabilitation, new restrooms, and improvements to Huchabaa, Mason, and
Montgomery Baseball Fields.
Discussion
A kickoff meeting was attended by City staff and the IDS design team to walk through
Speicher Park and discuss the scope of work. During the meeting various
improvements were discussed with City staff. After a few follow up meetings, IDS
prepared an additional services request. This request includes the additional scope of
work and fee to design the additional improvements that were discussed during the
meetings. The cost to provide additional services is $209,179.
Staff recommends the inclusion of an additional $39,000 for design services
contingencies for other work that may result from unforeseen circumstances.
The revised scope of services will be a phased approach that will allow the City to
construct a portion of the design with the available funding. Items not constructed in
the first phase will be designated for future construction phases.
The total cost for the additional design services and contingencies is $248,179.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 4: Economic
Growth & Development. The additional amenities to Speicher Memorial Park will
improve community participation for recreational activities and provide a safe and well-
maintained community park.
Fiscal Impact
There is no General Fund impact with this item. Funding for this project is provided
through the American Rescue Plan Grant fund with a remaining balance of
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$929,216. and a grant from the San Manuel Mission Indians with a remaining
balance of $982,410.42.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Agreement with IDS Group Inc. in the
amount of $209,179 for Speicher Memorial Park Improvements (Project);
and
2. Authorize the project contingencies in the total amount of $39,000 for design
of the Project; and
3. Authorize the City Manager or designee to execute all documents with IDS
Group, Inc.; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Attachments
Attachment 1 Amendment No 1. to Agreement with IDS Group Inc.
Attachment 2 Agreement with IDS Group, Inc.
Attachment 3 Location Map
Ward:
Ward 2
Synopsis of Previous Council Actions:
March 1, 2023 Mayor and City Council adopted Resolution No. 2023-036
rejecting construction bids for Speicher Park Renovation
Project.
June 21, 2023 Mayor and City Council adopted Resolution No. 2023-084
approving the award of a design services agreement with IDS
Group Inc. for the Speicher Memorial Park Ballfield
Improvements Project.
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-1-
AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC. FOR THE SPEICHER MEMORIAL PARK
BALLFIELD IMPROVEMENTS PROJECT
This Amendment No. 1 to the Design Services Agreement is made and
entered into as of March 6, 2024 ("Effective Date"), by and between the City of
San Bernardino, a charter city and municipal corporation ("City") and IDS
Group, Inc., a California corporation ("Consultant"). City and Consultant are
sometimes referred to herein individually as a "Party" and collectively as
"Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an
agreement, dated, June 21, 2023, for the purpose of design services for the
Speicher Memorial Park Ballfield Improvements Project (the "Original
Agreement").
B. WHEREAS, the Parties now desire to amend the Original
Agreement in to include additional services and to provide compensation for
the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and
the Original Agreement, as previously amended, the Parties mutually agree as
follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and
correct and are hereby incorporated herein by this reference.
2. Services. The Scope of Services for the Original Agreement is
hereby amended to include additional services as more particularly described
in Exhibit “A-1”, attached hereto to this Amendment No. 1 and incorporated
herein by this reference.
3. Compensation. The total not to exceed compensation amount
shall be increased by Two Hundred Forty-Eight Thousand One Hundred
Seventy-Nite Dollars ($248,179) increasing the total not to exceed
compensation amount from One Hundred Eighty Thousand Nine Hundred
Forty-Three Dollars ($180,943) to Four Hundred Twenty-Nine Thousand
One Hundred Twenty-Two Dollars ($429,122).
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4. Full Force. Except as amended by this Amendment No. 1, all
provisions of the Original Agreement, as previously amended, including
without limitation the indemnity and insurance provisions, shall remain in full
force and effect and shall govern the actions of the Parties under this
Amendment No. 4.
5. Electronic Transmission. A manually signed copy of this
Amendment No. 4 which is transmitted by facsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as
delivery of an original executed copy of this Amendment No. 1 for all
purposes. This Amendment No. 1 may be signed using an electronic
signature.
6. Counterparts. This Amendment No. 1 may be signed in
counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH IDS GROUP, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1
on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: IDS GROUP, INC.
Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
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EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
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February 9, 2024
Eddie Mendez, PE Submitted via emai: mendez_ra@sbcity.org
Principal Civil Engineer
City of San Bernardino
Public Works Engineering Division
290 North D Street
San Bernardino, CA 92401
(909) 384-5140 ext 3608
Subject: Additional Services Request – City of San Bernardino Speicher Park Improvements,
Project PR 23-006
Dear Mr. Mendez:
IDS Group would like to present this proposal for additional services request for the above referenced project at
Speicher Park for the City of San Bernardino (City) per your email direction on December 4, 2023. This proposal
outlines our revised Understanding, Additional Scope of Work, Deliverables, Assumptions and Exclusions, and
Compensation. We understand that time is critical for the City to meet the March 31, 2024 permit submission
deadline for the funding grant. Therefore, while this proposal is being reviewed and approved, IDS Group will
continue work at-risk per the additional scope as outlined below.
Project Description
IDS understands that the City has made significant changes to the approach and scope in regards to the project
site and is requesting additional services. The list of these items and original scope is provide below in Attachment
“C.” The City would like to include the following additional scope:
All Fields:
▪ Architecture
o Replace old fence fabric in all areas, especially backstops with high gage material.
o Replace backstop boards and edge surface cushion rubber.
o Add shade covers over dugouts.
o Demo existing score booths and replace with ADA accessible concrete pads and rails, minimum
15’X15’. (Note: The booths at O’Grady and Gurule Fields are shown to-remain on the 30% CD, by
replacing the roofs, modifying the railings, and adding a short ramp and landing at the doors.)
o Add Batter’s Eye along all outfield fence lines and foul lines.
▪ Structural
o Footing, sizing, and connection details for shade covers over dugouts and batter’s eye locations.
o Concrete pad details at previous score booths.
▪ Landscape / Civil / Plumbing
o Infield renovations: scarify, add infield mix, level, and renovate crown. Re-do all pitching mounds
(baseball play only, excludes Mason, Montgomery, and Gurule softball fields).
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 2
▪ Electrical
o Upgrade all lighting building and security lighting to LED. Solar lighting is excluded.
o Replace wooden lighting poles with standard steel or aluminum Musco, or approved equal.
o Additional security lighting between fields.
Huckabaa Field:
▪ Architecture
o To properly protect the integrity of the synthetic turf field, will add control features such as a perimeter
wrought-iron fence and locking entry gates, etc.
o Remodel existing concessions building. The scope includes replacing flooring, counter and sink, wall
paint, new storage room(s) shelving, restroom upgrades (floor, fixtures, wall covering, and ADA
compliance).
▪ Structural
o Fence footing details.
o Footing details for outfield batter’s eye at Huckabaa Field.
o New roof at concessions building.
▪ Landscape / Civil
o Ground squirrel infestation created outfield and infield holes and ruts. Design to include re-grading and new
synthetic turf (floating the outfield).
o Infield crown renovation.
o Accessible ramp to connect middle ADA parking at large parking lot to bleacher area.
o Assess and renovate irrigation system for proper coverage
o Relocate existing irrigation line so that it is no longer under Huchabaa field.
▪ Mechanical/Plumbing
o Engineering for existing concessions building remodel in accordance with Health Department
Requirements
▪ Replace evaporative cooler.
▪ Provide required heating unit at kitchen & office.
▪ Provide Grease Trap at new 3-comp sink
▪ Plumbing adjustments to (3) restrooms and connections to new fixtures, including 3-comp
sink.
▪ Evaluate and resize the water heater as needed.
Mason & Montgomery Fields (Softball – No Mounds):
▪ Landscape / Civil
o Ground squirrel infestation created turf (and infield) holes and ruts. Design to include re-grading the turf
(floating the outfield) and infield crown renovation.
o Replace the existing asphalt walking areas around the concessions/electrical building with concrete.
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 3
o Accessible ramp to connect northerly ADA parking at large parking lot to both fields and concessions
building.
O’Grady and Gurule Fields:
▪ Architecture
o Replace bleacher units at each field. Maintain a minimum of 52 seats on each side (Home & Visitor) =
21’ Long, 5 Rows.
▪ Civil/Landscape
o Mitigate drainage problem behind backstop and First Base area for both fields – major flooding during
rain.
o Add three (3) accessible ramps: from concessions plaza to bleacher areas for O’Grady, Gurule, and
between both fields.
o Assess and renovate irrigation system for proper coverage.
o Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re-seed
or sod where necessary.
o O’Grady: Restore quick coupler once the synthetic infield turf is removed.
▪ Structural
o Add pads for new bleachers.
▪ Electrical
o Add more security lighting between three fields (O’Grady/Gurule/Huckabaa).
o Gurule: Repair Third Base light pole “tripping” problem.
General Park Improvements:
▪ Architecture
o Arden Parking Lot:
▪ Demo existing restroom building and replace with Prefab.
▪ Add trash bin enclosure.
▪ Install (3) new trash bin enclosures at north end and south end of Large South Parking Lot.
▪ Structural
o Slab and footing details at (3) trash bin enclosures.
▪ Landscape
o Install new accessible drinking fountains around ballfields.
o Install new outdoor fitness equipment stations around north walking path.
▪ Civil
o Grading & Drainage for (3) new trash enclosures.
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 4
Other Notes:
▪ Bury all pull boxes and junction boxes to prevent thievery of wire, vandalism, etc.
▪ It is recognized that SCE plan checks take a long time.
▪ Traditional Baseball/Softball Season operates from late January (Registration ends and tryouts begin), with
team practices staring in mid-February and game play start in mid-March through mid-June, and then
playoff/all-star play through July. Construction that goes through May will definitely have a MAJOR impact
upon ballfield user groups. Improvements to O’Grady and Gurule first will impact the Arrowhead Little
League the least, followed by Mason/Montgomery
▪ Bi-weekly meetings w/City requested, pending staff availability.
Scope of IDS Services and Deliverables
Our scope of services consists of providing architectural and engineering design and bidding/construction
administration services in support of the project’s intended work, according to the following:
• Conduct site visits to document existing building/site systems.
• Attend bi-weekly meetings with the City’s project team as needed.
• Provide required mechanical, plumbing, and electrical engineering and landscape architecture coordination
services with local utility companies & Health Department in support of the City’s proposed scope of work.
• Provide architecture, civil, landscape, structural, mechanical, electrical, plumbing, and cost estimating services in
support of the City’s proposed scope of work.
30% Construction Document Phase:
o Conduct a field review of the existing buildings and site, and locate the building on the site using apparent
limits of the property (survey provided by other).
o Conduct as-built measurements and convert existing drawings to CAD format.
o Provide Code analysis and design describing our findings and laying out options.
o Prepare 30% Construction Documents (Scoping Plans), which incorporate City’s scope, and submit them to
the City for review.
90% Construction Document Phase:
o Integrate survey documents into Construction Drawings.
o Prepare 90% Construction Documents, which incorporate the City’s 30% CD Set Comments, including
building plans (floor, finish, ceiling, roof), elevations, and sections of all new or remodeled structures, trash
enclosure plans and details, irrigation plans and details, accessible upgrades at parking lots and hardscape,
field improvements, and MEP upgrades. Submit for plan check to agencies having jurisdiction for review.
100% Construction Documents/Plan Review Phase:
o Prepare 100% CDs incorporating all City’s 90% CD comments and other revisions.
o Incorporate plan check corrections into the final/ approved Construction Documents’ drawings and
specifications.
o Incorporate revisions due to bidders’requests for information(RFI’s) and substitution requests.
o Issue a For Construction Set.
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 5
Bid and Construction Administration Support Phase:
Provide bidding and Construction Administration support services:
o Review and provide written responses to the contractor’s RFI’s.
o Review and process shop drawings and submittals.
o Attend a bid walk and construction kickoff meeting.
o Attend 30-minute bi-weekly construction status conference calls and site/construction progress meetings to
review construction progress (maximum of 6 on-site meetings). We presume that the City Staff will conduct
the meetings and prepare the meeting minutes.
o Provide punch list and project close-out assistance.
o Prepare Record Drawings based on Contractor redlines.
Exclusions and Assumptions
• City will provide available as-built utility drawings for our use.
• Site access improvements assume accessible parking adjacent to the building and POT from parking to the building
only; documentation and design for accessible POT from the public way to the building and/or interconnecting
with other buildings on site excluded.
• Disabled access compliance at the restroom assumes changes to plumbing fixtures and electrical system will not
require anything more than minor placement adjustments.
• Electrical distribution and emergency systems upgrades outside of our scope of work above are excluded.
• Fire alarm design, modifications, and/or interfaces outside of our scope of work above are excluded.
• Automatic fire sprinkler system design, if needed, is not included in our scope.
• Plan check submittal and permit fees are not included in our fee.
• Additional design work due to Value Engineering/Peer Review is excluded.
• Remedial permit approvals for work previously performed and for which there is no record of a permit are
excluded.
• Testing for the presence of hazardous materials of any kind and mitigation requirements for the same is not
included.
• Project book specifications are excluded.
• Resolutions to deficiencies within the existing wall fire rating, siting, and/or building separations are excluded.
• Analysis, review, design, strengthening, retrofit, etc. of structural load support and/or lateral force resisting
systems not directly related to architectural or MPE elements of this project are excluded.
• Our construction administration proposed fee is based on a construction duration not exceeding nine months,
including not-to-exceed 6 site meetings. Most meetings will be held via teleconferencing.
• Commissioning of equipment or systems is excluded.
• Mechanical upgrades at Huckabaa Concessions Building assumes like-for-like replacement of fixtures and will not
require revisions to the envelope.
1 Peters Canyon Road, Suite 130, Irvine California 92606 ▲ T: 949.387.8500 ▲ F: 949.387.0800 ▲ www.idsgi.com
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 6
Deliverables
The deliverables will include all files related to the design efforts listed above. Milestones will include
30%, 90% and 100% submittals plans with associated cost estimates. This will include one review and
comment cycle by City for each milestone.
Assumptions and Exclusions
IDS will prepare the design plans for the improvements noted above.
Excludes additional work not noted above. Project Specifications will be placed onto the drawings and no
book format specifications will be provided.
Compensation
IDS shall perform the Additional Scope‐of‐Work, as described above, on a Lump Sum basis for $209,179
per the attached breakdown of tasks and hours. The following Table summarizes this fee:
Phase Task Fees
Program Development & Construction
Documents – 30% level
$34,845
Aerial/Topographic Surveys & IDS
Coordination
$9,660
Construction Documents – 90% level $91,746
Construction Documents – 100% level $33,521
Construction Cost Estimates $5,760
Bid Support & Construction Administration $33,647
Fee Proposal Total $209,179
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 7
We appreciate the opportunity to provide continued support to the City. Please contact Adrian Anderson,
PE, who will continue to oversee the project. He can be reached at 949.387.8500, ext. 509 or via email at
adrian.anderson@idsgi.com. Dr. Said Hilmy, PhD, SE, LEED AP, Principal, continues to serve as Contract
Administration for our additional services request. You may contact him at 949.387.8500 ext. 116 or via
email at said.hilmy@idsgi.com. Thank you and we look forward to hearing from you soon.
Sincerely,
Adrian Anderson, PE Said Hilmy, PhD, SE, LEED AP
Associate Principal Civil Project Manager Principal / Contract Administrator
cc: John Silber, RA - IDS Principal Architect
Matthew Miller, AIA, LEED AP – Sr. Associate/PM
Attachments:
A Fee Schedule
B. IDS Group 2024 Rates
C. Consolidated Scope List – 6/27/23 Contract & 2/9/24 Add-Service
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 8
A. Fee Schedule
Attachment “A”
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 9
B. 2024 Rate Sheet
Attachment “B”
IDS Group, Inc.
2024 Rate Sheet
Title – Association Hourly Rate
Principal $240
Associate Principal $225
Senior Project Manager Associate $217
Project Manager $202
Senior Architect or Engineer $190
Senior Cost Estimator $180
Project Architect or Engineer $180
Designer Architect or Engineer $163
Engineering Designer - BIM $143
Architectural Job Captain | Designer $135
CAD Drafting Engineer | Architect $121
Office Administration $75
Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special
delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may
be required for community or other stakeholder presentation, shall be billed to the owner at Consultant’s direct cost
plus 10%.
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 10
Attachment “C”
SPEICHER MEMORIAL PARK IMPROVEMENTS - CONSOLIDATED SCOPE LIST
KEY
Contract #1, Executed 6/27/23
Add-Service Proposal, 2/9/24
• All Fields:
o Architecture
▪ Replace bleacher units for all field locations. Maintain a minimum of 52 seats on each side (Home
& Visitor) = 21’ Long, 5 Rows.
▪ Replace old fence fabric in all areas, especially backstops with high gage material.
▪ Replace backstop boards and edge surface cushion rubber.
▪ Add shade covers over dugouts.
▪ Demo existing score booths and replace with ADA accessible concrete pads and rails, minimum
15’X15’. (Note: The booths at O’Grady and Gurule Fields could remain by replacing the roofs,
modifying the railsing, and adding a short ramp and landing at the doors.)
▪ Add Batter’s Eye along all outfield fence lines and foul lines.
o Structural
▪ Footing, sizing, and connection details for shade covers over dugouts and batter’s eye locations.
▪ Concrete pad details at previous score booths.
o Landscape / Civil / Plumbing
▪ Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re-
seed or sod where necessary. (Sod now required due to gopher infestation, w/ new mesh to be
installed beneath sod.)
▪ Repair and/or installation of new irrigation system.
▪ Infield renovation: scarify, add infield mix, level, and renovate crown. Re-do all pitching mounds
(baseball play only, excludes Mason, Montgomery, and Gurule softball field).
o Electrical
▪ Replace all scoreboards with wireless.
▪ Upgrade all lighting (ballfield, building, and security lighting) to LED. Solar lighting is excluded.
▪ Replace wooden lighting poles with standard steel or aluminum Musco, or approved equal.
• Huchabaa Field:
o Architecture
▪ To properly protect the integrity of the synthetic turf field, will add control features such as a
perimeter wrought-iron fence and locking entry gates, etc.
▪ Remodel existing concessions building. The scope includes replacing flooring, counter and sink,
wall paint, new storage room(s) shelving, restroom upgrades (floor, fixtures, wall covering, and
ADA compliance).
o Structural
▪ Fence footing details.
▪ Footing details for outfield batter’s eye at Huckabaa Field.
Packet Page. 346
City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 11
o Landscape / Civil
▪ Installation of drainage system.
▪ Remove outfield grass and replace it with Synthetic Turf.
▪ Grading.
▪ Ground squirrel infestation created outfield and infield holes and ruts. Design to include re-
grading and new synthetic turf (floating the outfield).
▪ Infield crown renovation.
▪ Accessible ramp to connect middle ADA parking at large parking lot to bleacher area.
▪ Assess and renovate irrigation system for proper coverage
▪ Relocate existing irrigation line so that it is no longer under Huchabaa field.
o Mechanical
▪ Engineering for existing concessions building remodel in accordance with Health Department
Requirements
• Replace evaporative cooler.
• Provide required heating unit at kitchen & office.
• Provide Grease Trap at new 3-comp sink
• Plumbing adjustments to (3) restrooms and connections to new fixtures, including 3-
comp sink.
• Evaluate and resize the water heater as needed.
• Montgomery and Mason Fields (No Mound at Softball Field):
o Architecture / Plumbing
▪ Demo existing Concessions Building (secure electrical room) and replace with prefab unit to
include restrooms and small storage.
o Landscape / Civil
▪ Ground squirrel infestation created turf (and infield) holes and ruts. Design to include re-grading
the turf (floating the outfield) and infield crown renovation.
o Civil
▪ Remove and replace sod. New grading as required.
▪ Replace the existing asphalt walking areas around the concessions/electrical building with
concrete.
▪ Accessible ramp to connect northerly ADA parking at large parking lot to both fields and
concessions building.
• O’Grady Field (Only):
o Landscape / Civil
▪ Remove existing organic turf from the infield and replace it with dirt.
▪ Restore quick coupler once the synthetic infield turf is removed.
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City of San Bernardino
Speicher Park Improvements, PR 23-006 | Page 12
• Gurule Field (Only):
o Electrical
▪ Repair Third Base light pole “tripping” problem..
• O’Grady and Gurule Fields:
o Civil/Landscape
▪ Mitigate drainage problem behind backstop and First Base area for both fields – major flooding
during rain.
▪ Three (3) accessible ramps: from concessions plaza to bleacher areas for O’Grady, Gurule, and
between both fields.
▪ Assess and renovate irrigation system for proper coverage.
▪ Outfield renovation: mitigate uneven ground due to squirrel infestation, float outfield, aerate, re-
seed or sod where necessary.
o Structural
▪ Add pads for new bleachers.
• General Park Improvements:
o Install score boards at all 5 ballfields.
o Install trash can receptacles and water fountains for new concession buildings.
o Construct 4” concrete area between and around Montgomery and Mason Fields.
o Remove and replace bleachers at all five (5) fields.
o Architecture
▪ Arden Parking Lot: Add (1) trash bin enclosure.
▪ Install (2) new trash bin enclosures at north end and south end of Large South-End Parking Lot.
o Structural
▪ Slab and footing details at (3) trash bin enclosures.
o Landscape
▪ Install more trash receptacles around ballfield buildings.
▪ Install new accessible drinking fountains around ballfields.
▪ Install new outdoor fitness equipment stations around north walking path.
o Civil
▪ Grading & Drainage for (3) new trash enclosures.
o Parking lot improvements
▪ Large South-End Parking Lot Rebab: Asphalt Content – full depth replacement at patches where
existing AC is failing, grind and overlay, re-stripe lot, re-grade ADA stalls to meet required slopes,
accessible curb ramps at 3 (three) locations, ADA signage, and directional arrows (Egress &
Ingress).
▪ Arden Parking Lot: full depth replacement at patches where existing AC is failing, slurry seal,
restripe, re-grade ADA stalls to meet required slopes, one (1) accessible curb ramp, and ADA
signage.
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Exhibit B-1
CITY OF SAN BERNARDINO
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as June 21, 2023 by and between the City of San
Bernardino, a charter city and municipal corporation organized and operating under the laws of
the State of California, with its principal place of business at Vanir Tower, 290 North D Street, San
Bernardino, California 92401 (“City”), and IDS Group, Inc., a California Corporation with its
principal place of business at 1 Peters Canyon Road, Suite 130, Irvine, CA 92606 (hereinafter
referred to as “Designer”). City and Designer are sometimes individually referred to herein as
“Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose.
2.2 Designer. Designer desires to perform and assume responsibility for the provision
of certain professional design services required by the City on the terms and conditions set forth
in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the
services required by this Agreement; provided, however, that if Designer is a corporation or other
organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself,
shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.3 Project. City desires to engage Designer to render such services for the Speicher
Memorial Park Ballfield Improvements Project ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services. Designer promises and agrees to furnish to City all
labor, materials, tools, equipment, services, and incidental and customary work necessary to fully
and adequately supply the professional design and related services necessary for the full and
adequate completion of the Project consistent with the provisions of this Agreement (hereinafter
referred to as “Services”). The Services are more particularly described throughout this
Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, any exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations. All Services performed by Designer shall be subject to the sole and
discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally,
Designer shall comply with all Federal requirements applicable to the Services as set forth in
Exhibit “A-I.”
3.1.2 Term. The term of this Agreement shall be from June 21, 2023 to June 21,
2025, unless earlier terminated as provided herein. Consultant shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Project Designer; Key Personnel.
3.2.1 Project Designer. Designer shall name a specific individual to act as
Project Designer, subject to the approval of City. Designer hereby designates Said Hilmy to act
as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the
Services; (2) have full authority to represent and act on behalf of the Designer for all purposes
under this Agreement; (3) supervise and direct the Services using his or her best skill and
attention; (4) be responsible for the means, methods, techniques, sequences and procedures
used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as
principal contact with City and all contractors, consultants, engineers and inspectors on the
Project. Any change in the Project Designer shall be subject to the City’s prior written approval,
which approval shall not be unreasonably withheld. The new Project Designer shall be of at least
equal competence as the prior Project Designer. In the event that City and Designer cannot agree
as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement
for cause.
3.2.2 Key Personnel. In addition to the Project Designer, Designer has
represented to the City that certain additional key personnel, engineers and consultants will
perform the Services under this Agreement. Should one or more of such personnel, engineers
or consultants become unavailable, Designer may substitute others of at least equal competence
upon written approval of the City. In the event that City and Designer cannot agree as to the
substitution of key personnel, engineers or consultants, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or
refuse to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project
or a threat to the safety of persons or property, shall be promptly removed from the Project by the
Designer at the request of the City. The key additional personnel, engineers and consultants for
performance of this Agreement are as follows:
Said Hilmy, PhD, SE, LEED AP, Principal
John Silber, AIA, Principal Architect
Ricardo Bermudez, NCARB, LEED AP, Quality Assurance/Quality Control
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects
in writing after notice, to employ at its expense architects, engineers, experts or other consultants
qualified and licensed to render services in connection with the planning and/or administration of
the Project, and to delegate to them such duties as Designer may delegate without relieving
Designer from administrative or other responsibility under this Agreement. Designer shall be
responsible for the coordination and cooperation of Designer’s architects, engineers, experts or
other consultants. All consultants, including changes in consultants, shall be subject to approval
by City in its sole and reasonable discretion. Designer shall notify City of the identity of all
consultants at least fourteen (14) days prior to their commencement of work to allow City to
review their qualifications and approve to their participation on the Project in its sole and
reasonable discretion.
3.3.2 Qualification and License. All architects, engineers, experts and other
consultants retained by Designer in performance of this Agreement shall be qualified to perform
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the Services assigned to them, and shall be licensed to practice in their respective professions,
where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other
consultants hired by Designer shall be required to meet all of the same standards and insurance
requirements set forth in this Agreement, unless other standards or requirements are approved
by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements
with its consultants shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City
approval of any assignment, reassignment or replacement of such architects, engineers, experts
and consultants, or of other staff changes of key personnel working on the Project. As provided
in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to
approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be
retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this
Agreement in a skillful and competent manner, consistent with the standards generally recognized
as being employed by professionals qualified to perform the Services in the same discipline in the
State of California, and shall be responsible to City for damages sustained by the City and delays
to the Project as specified in the indemnification provision of this Agreement. Without limiting the
foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the
City as a result of any such delays in the design or construction of the Project. Designer
represents and maintains that it is skilled in the professional calling necessary to perform the
Services. Designer warrants and represents that all of its employees, architects, engineers,
experts and other consultants shall have sufficient skill and experience to perform the Services
assigned to them. Finally, Designer represents that it, its employees, architects, engineers,
experts and other consultants have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services assigned to or rendered by them and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to correct
errors or omissions which are caused by the Designer’s failure to comply with the standard of
care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee or
consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Designer and shall not be re-employed to perform
any of the Services or to work on the Project.
3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of
and in compliance with all applicable local, state and federal laws, rules and regulations in any
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manner affecting the performance of the Services or the Project, and shall give all notices required
of the Designer by law. Designer shall be liable, pursuant to the standard of care and
indemnification provisions of this Agreement, for all violations of such laws and regulations in
connection with its Services. If the Designer performs any work knowing it to be contrary to such
laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.
Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications. Designer shall cause all drawings and
specifications to conform to any applicable requirements of federal, state and local laws, rules
and regulations, including the Uniform Building Code, in effect as of the time the drawings and
specifications are prepared or revised during the latest phase of the Services described in Exhibit
“A” attached hereto. Any significant revisions made necessary by changes in such laws, rules
and regulations after this time may be compensated as Additional Services which were not known
or reasonably should not have been known by Designer. Designer shall cause the necessary
copies of such drawings and specifications to be filed with any governmental bodies with approval
jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached
hereto. For the preparation of all such drawings and specifications, the Designer shall use
Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the
Designer and City.
3.5.3 Americans with Disabilities Act. Designer will use its best professional
efforts to interpret all applicable federal, state and local laws, rules and regulations with respect
to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform
City of the existence of inconsistencies of which it is aware or reasonably should be aware
between federal and state accessibility laws, rules and regulations, as well as any other issues
which are subject to conflicting interpretations of the law, and shall provide the City with its
interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such
inconsistencies and conflicting interpretations to the attention of the City and requests City’s
direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting
interpretations shall be the sole responsibility and liability of Designer, and the Designer shall
correct all plans, specifications and other documents prepared for the Project at no additional cost
if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s
direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the
Designer shall be responsible to the City only pursuant to the indemnification provisions of this
Agreement.
3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a
list of all permits, approvals or other authorizations required for the Project from all federal, state
or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist
the City in obtaining all such permits, approvals and other authorizations. The costs of such
permits, approvals and other authorizations shall be paid by the City.
3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.
Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in
compliance with all local, state and federal laws, rules and regulations that may impact, or be
implicated by the performance of the Services including, without limitation, all applicable
provisions of the City’s ordinances regulating water quality and storm water; the Federal Water
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Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits
issued pursuant to any such authority. Designer shall additionally comply with the lawful
requirements of the City, and any other municipality, drainage district, or other local agency with
jurisdiction over the location where the Services are to be conducted, regulating water quality and
storm water discharges.
(b) Standard of Care. Designer warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and
subcontractors will receive adequate training, as determined by the City, regarding these
requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and
ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify
and hold harmless the City, its officials, officers, agents, employees and authorized volunteers
from and against any and all claims, demands, losses or liabilities of any kind or nature which the
City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for
noncompliance with the laws, regulations, and ordinances listed above, arising out of or in
connection with the Services, except for liability resulting from the sole established negligence,
willful misconduct or active negligence of the City, its officials, officers, agents, employees or
authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement
action or civil action brought against the City for Designer’s failure to comply with any applicable
water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse
the City for the costs associated with, any settlement reached between the City and the relevant
enforcement entity.
(iii) Damages: City may seek damages from Designer for delay
in completing the Services caused by Designer’s failure to comply with the laws, regulations and
policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law,
regulation, or policy.
3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations. Contractor must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware
of the CARB limits and requirements’ application to “portable equipment”, which definition is
considered by CARB to include any item of equipment with a fuel-powered engine. Contractor
shall indemnify City against any fines or penalties imposed by CARB or any other governmental
or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.6 Independent Contractor.
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3.6.1 Control and Payment of Subordinates. City retains Designer on an
independent contractor basis and Designer is not an employee of City. Designer is not an
employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits
afforded to City’s employees. Any additional personnel performing the Services under this
Agreement on behalf of Designer shall also not be employees of City, and shall at all times be
under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Designer shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the
Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein
by reference.
3.7.2 Timely Performance Standard. Designer shall perform all Services
hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly
progress of the Project work so as not to be the cause, in whole or in part, of delays in the
completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Designer shall perform its Services so as to allow for the full and adequate completion
of the Project within the time required by the City and within any completion schedules adopted
for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the
performance of the Services, and shall be available to City’s staff, contractors and consultants at
all reasonable times.
3.7.3 Performance Schedule. Designer shall prepare an estimated time
schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be
unreasonably withheld, and shall include allowances for periods of time required for City’s review
and approval of submissions, and for approvals of authorities having jurisdiction over Project
approval and funding. If City and Designer cannot mutually agree on a performance schedule,
City shall have the authority to immediately terminate this Agreement. The schedule shall not be
exceeded by Designer without the prior written approval of City. If the Designer’s Services are
not completed within the time provided by the agreed upon performance schedule, or any
milestones established therein, it is understood, acknowledged and agreed that the City will suffer
damage for which the Designer will be responsible pursuant to the indemnification provision of
this Agreement.
3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following
shall be added to the time for completion of any obligations of Designer: (1) the actions of City or
its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions
of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not
within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor
the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such
delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for
such delays and the Designer will not receive an adjustment to the contract price or any other
compensation. A Force Majeure Event shall mean an event that materially affects a party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
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occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the work);
(4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor
action occurring at the project site and the effects thereof on the work, only to the extent such
strikes and other organized labor action are beyond the control of Designer and its subcontractors,
of every tier, and to the extent the effects thereof cannot be avoided by use of replacement
workers. For purposes of this section, “orders of governmental authorities,” includes ordinances,
emergency proclamations and orders, rules to protect the public health, welfare and safety, and
other actions of the City in its capacity as a municipal authority.
3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15)
calendar days of the beginning of any excusable delay, notify the City in writing of the causes of
delay (unless City grants in writing a further period of time to file such notice prior to the date of
final payment under the Agreement). City will then ascertain the facts and the extent of the delay,
and grant an extension of time for completing the Services when, in its sole judgment, the findings
of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive
on the parties. Extensions of time shall apply only to that portion of the Services affected by the
delay and shall not apply to other portions of the Services not so affected. The sole remedy of
Designer for extensions of time shall be an extension of the performance time at no cost to the
City. If Additional Services are required as a result of an excusable delay, the parties shall
mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should
Designer make an application for an extension of time, Designer shall submit evidence that the
insurance policies required by this Agreement remain in effect during the requested additional
period of time.
3.8 Additional Designer Services.
3.8.1 Request for Services. At City’s request, Designer may be asked to perform
services not otherwise included in this Agreement, not included within the basic services listed in
Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally
accepted design practice.
3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary for the Designer to perform at the
execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached
hereto. Designer shall not perform, nor be compensated for, Additional Services without prior
written authorization from City and without an agreement between the City and Designer as to
the compensation to be paid for such services. City shall pay Designer for any approved
Additional Services, pursuant to the compensation provisions herein, so long as such services
are not made necessary through the fault of Designer pursuant to the indemnification provision of
this Agreement.
3.8.3 Examples of Additional Services. Such Additional Services shall not
include any redesign or revisions to drawings, specifications or other documents when such
revisions are necessary in order to bring such documents into compliance with applicable laws,
rules, regulations or codes of which Designer was aware or should have been aware pursuant to
the laws and regulations provision of this Agreement above. Such Additional Services may
include, but shall not be limited to:
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(a) Separately Bid Portions of Project. Plan preparation and/or
administration of work on portions of the Project separately bid.
(b) Furniture and Interior Design. Assistance to City, if requested, for
the selection of moveable furniture, equipment or articles which are not included in the
Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or
insolvency of contractor, or by major defects in the work of the contractor, provided that any such
services made necessary by the failure of Designer to detect and report such matters when it
reasonably should have done so shall not be compensated.
(d) Inconsistent Approvals or Instructions. Revisions in drawings,
specifications or other documents when such revisions are inconsistent with written approvals or
instructions previously given and are due to causes beyond the control of Designer.
(e) Legal Proceedings. Serving as an expert witness on City's behalf
or attending legal proceedings to which the Designer is not a party.
(f) Damage Repair. Supervision of repair of damages to any structure.
(g) Extra Environmental Services. Additional work required for
environmental conditions (e.g. asbestos or site conditions) not already contemplated within the
Designer's services for the Project.
3.9 City Responsibilities. City’s responsibilities shall include the following:
3.9.1 Data and Information. City shall make available to Designer all necessary
data and information concerning the purpose and requirements of the Project, including
scheduling and budget limitations, objectives, constraints and criteria. As part of the budget
limitation information, the City shall provide the Designer with a preliminary construction budget
(“City’s Preliminary Construction Budget”).
3.9.2 Project Survey. If required pursuant to the scope of the Project and if
requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s
expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other
record documents which shall indicate existing structures, land features, improvements, sewer,
water, gas, electrical and utility lines, topographical information and boundary dimensions of the
site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the
opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils,
geological or other tests required for proper design of the Project, and furnish such surveys,
borings, test pits, and other tests as may be necessary to reveal conditions of the site which must
be known to determine soil condition or to ensure the proper development of the required
drawings and specifications.
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3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials
testing and inspection or environmental/hazardous materials testing and inspection pursuant to
any applicable laws, rules or regulations.
3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the
payment of all fees required by any reviewing or licensing agency, or other agency having
approval jurisdiction over the Project.
3.9.7 City’s Representative. The City hereby designates Charles E. McNeely,
Interim City Manager or his or her designee, to act as its representative for the performance of
this Agreement (“City’s Representative”). City’s Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Representative hereby designates Daniel
Hernandez, Agency Director of Public Works, Operations, and Maintenance, or his or her
designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall
not accept direction or orders from any person other than the City’s Representative or his or her
designee.
3.9.8 Review and Approved Documents. Review all documents submitted by
Designer, including change orders and other matters requiring approval by the City Council or
other officials. City shall advise Designer of decisions pertaining to such documents within a
reasonable time after submission, so as not to cause unreasonable delay as provided in the
excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer,
for the performance of all Services rendered under this Agreement, the total not to exceed amount
of One Hundred Eighty Thousand Nine Hundred Forty-Three Dollars ($180,943) (“Total
Compensation”). This Total Compensation amount shall be based upon, and may be adjusted
according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B”
and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual
agreement, shall constitute complete and adequate payment for Services under this Agreement.
3.10.2 Payment for Additional Services. At any time during the term of this
Agreement, City may request that Designer perform Additional Services. As used herein,
Additional Services means any work which is determined by City to be necessary for the proper
completion of the Project, but which the Parties did not reasonably anticipate would be necessary
at the execution of this Agreement. Any additional work in excess of this amount must be
approved by the City. If authorized, such Additional Services will be compensated at the rates
and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference,
unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If
City requires Designer to hire consultants to perform any Additional Services, Designer shall be
compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and
incorporated herein by reference, unless a flat rate or some other form of compensation is
mutually agreed upon by the parties. City shall have the authority to review and approve the rates
of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by
such consultants pursuant to the terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to
compensation for the Services and Additional Services. Designer shall not be reimbursed for any
expenses unless authorized in writing by City, which approval may be evidenced by inclusion in
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Exhibit B-10
Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses
which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer
shall be required to acquire prior written consent in order to obtain reimbursement for the
following: (1) extraordinary transportation expenses incurred in connection with the Project; (2)
out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing
approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in
excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.
3.10.4 Payment to Designer. Designer’s compensation and reimbursable
expenses shall be paid by City to Designer no more often than monthly. Such periodic payments
shall be made based upon the percentage of work completed, and in accordance with the phasing
and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C”
attached hereto and incorporated herein by reference. In order to receive payment, Designer
shall present to City an itemized statement which indicates Services performed, percentage of
Services completed, method for computing the amount payable, and the amount to be paid at the
address listed in Section 3.29. The statement shall describe the amount of Services provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement, as well as those expenses for which
reimbursement is requested for that statement period. The amount paid to Designer shall never
exceed the percentage amounts authorized by the phasing and funding schedule located in
Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review
the statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than
monthly, proportionate to the degree of completion of such services or in such other manner as
the parties shall specify when such services are agreed upon, and in accordance with any
authorized fee or rate schedule. In order to receive payment, Designer shall present to City an
itemized statement which indicates the Additional Services performed, percentage of Additional
Services completed, method for computing the amount payable, and the amount to be paid. The
statement shall describe the amount of Additional Services provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through
the date of the statement. City shall, within thirty (30) days of receiving such statement, review
the statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth
in the termination provision herein.
3.10.5 Withholding Payment to Designer. The City may withhold payment, in
whole or in part, to the extent reasonably necessary to protect the City from claims, demands,
causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent
arising out of or caused by the negligence, recklessness, or willful misconduct protected under
the indemnification provisions of this Agreement. Failure by City to deduct any sums from a
progress payment shall not constitute a waiver of the City’s right to such sums. The City may
keep any moneys which would otherwise be payable at any time hereunder and apply the same,
or so much as may be necessary therefor, to the payment of any expenses, losses, or damages
as determined by the City, incurred by the City for which Designer is liable under the Agreement
or state law. Payments to the Designer for compensation and reimbursable expenses due shall
not be contingent on the construction, completion or ultimate success of the Project. Payment to
the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of
offsetting reimbursement or credit from parties not within the Designer’s reasonable control.
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3.10.6 Prevailing Wages. Designer is aware of the requirements of California
Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Designer agrees to fully comply with and to require its
consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a
copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Designer shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Designer’s principal place of business and at the Project site.
Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents
free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure
or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It
shall be mandatory upon the Designer and all subconsultants to comply with all California Labor
Code provisions, which include but are not limited to prevailing wages (Labor Code Sections
1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and
1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The
requirement to submit certified payroll records directly to the Labor Commissioner under Labor
Code section 1771.4 shall not apply to work performed on a public works project that is exempt
pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.10.7 Registration. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and
1771.1, the Designer and all subconsultants performing such Services must be registered with
the Department of Industrial Relations. Designer shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.10.8 Labor Compliance. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Designer or any
subcontractor that affect Designer’s performance of Services, including any delay, shall be
Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be
considered Designer caused delay and shall not be compensable by the City. Designer shall
defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Designer or any subcontractor.
3.11 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless and
until the City provides a written notice to proceed.
3.12 Termination, Suspension and Abandonment.
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Exhibit B-12
3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby
reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the
Project and the construction work thereon, or to terminate this Agreement at any time with or
without cause. Designer shall be provided with at least seven (7) days advanced written notice
of such suspension, abandonment or termination. In the event of such suspension, abandonment
or termination, Designer shall be paid for Services and reimbursable expenses rendered up to
the date of such suspension, abandonment or termination, pursuant to the schedule of payments
provided for in this Agreement, less any claims against or damages suffered by City as a result
of the default, if any, by Designer. Designer hereby expressly waives any and all claims for
damages or compensation arising under this Agreement, except as set forth herein, in the event
of such suspension, abandonment or termination. Designer may terminate this Agreement for
substantial breach of performance by the City such as failure to make payment to Designer as
provided in this Agreement.
3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City,
City may require Designer to resume such Services within ninety (90) days after written notice
from City. When the Project is resumed, the Total Compensation and schedule of Services shall
be equitably adjusted upon mutual agreement of the City and Designer.
3.12.3 Documents and Other Data. Upon suspension, abandonment or
termination, Designer shall provide to City all preliminary studies, sketches, working drawings,
specifications, computations, and all other Project Documents, as defined below, to which City
would have been entitled at the completion of Designer’s Services under this Agreement. Upon
payment of the amount required to be paid to Designer pursuant to the termination provisions of
this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such
Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall
make such documents available to City upon request and without additional compensation other
than as may be approved as a reimbursable expense.
3.12.4 Employment of other Designers. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible
transparencies of working drawings and master plans, preliminary sketches, design presentation
drawings, structural computations, estimates and any other documents prepared pursuant to this
Agreement, including, but not limited to, any other works of authorship fixed in any tangible
medium of expression such as writings, physical drawings and data magnetically or otherwise
recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and
remain the property of City. Although the official copyright in all Project Documents shall remain
with the Designer or other applicable subcontractors or consultants, the Project Documents shall
be the property of City whether or not the work for which they were made is executed or
completed. Within thirty (30) calendar days following completion of the Project, Designer shall
provide to City copies of all Project Documents required by City. In addition, Designer shall retain
copies of all Project Documents on file for a minimum of fifteen (15) years following completion of
the Project, and shall make copies available to City upon the payment of reasonable duplication
costs. Before destroying the Project Documents following this retention period, Designer shall
make a reasonable effort to notify City and provide City with the opportunity to obtain the
documents.
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Exhibit B-13
3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part
of the Project Documents, at City’s sole discretion and with no additional compensation to
Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction
or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its
ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such
documents are used or reused for these purposes. City shall be able to use or reuse the Project
Documents for these purposes without risk of liability to the Designer or third parties with respect
to the condition of the Project Documents, and the use or reuse of the Project Documents for
these purposes shall not be construed or interpreted to waive or limit City’s right to recover for
latent defects or for errors or omissions of the Designer.
Any use or reuse by City of the Project Documents on any project other than this Project without
employing the services of Designer shall be at City’s own risk with respect to third parties. If City
uses or reuses the Project Documents on any project other than this Project, it shall remove the
Designer’s seal from the Project Documents and hold harmless Designer and its officers,
directors, agents and employees from claims arising out of the negligent use or re-use of the
Project Documents on such other project.
3.13.3 License. This Agreement creates a non-exclusive and perpetual license
for City to copy, use, modify or reuse any and all Project Documents and any intellectual property
rights therein. Designer shall require any and all subcontractors and consultants to agree in
writing that City is granted a non-exclusive and perpetual license for the work of such
subcontractors or consultants performed pursuant to this Agreement.
3.13.4 Right to License. Designer represents and warrants that Designer has the
legal right to license any and all copyrights, designs and other intellectual property embodied in
the Project Documents that Designer prepares or causes to be prepared pursuant to this
Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification
provisions of this Agreement for any breach of this Section. Designer makes no such
representation and warranty in regard to previously prepared designs, plans, specifications,
studies, drawings, estimates or other documents that were prepared by design professionals
other than Designer and provided to Designer by City.
3.13.5 Confidentiality. All Project Documents, either created by or provided to
Designer in connection with the performance of this Agreement, shall be held confidential by
Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All
Project Documents shall not, without the written consent of City, be used or reproduced by
Designer for any purposes other than the performance of the Services. Designer shall not
disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not
connected with the performance of the Services or the Project. Nothing furnished to Designer
which is otherwise known to Designer or is generally known, or has become known, to the related
industry shall be deemed confidential. Designer shall not use City’s name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
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Exhibit B-14
magazine, trade paper, newspaper, television or radio production or other similar medium without
the written consent of City.
3.14 Indemnification.
3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s
choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or
willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or
agents in connection with the performance of the Designer’s services, the Project or this
Agreement, including without limitation the payment of all damages, expert witness fees and
attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers,
employees, agents, or volunteers.
3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of
Designer’s performance of “design professional” services (as that term is defined under Civil Code
section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and,
upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s
liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate
percentage of fault.
3.15 Insurance. Designer shall not commence work under this Agreement until it has
provided evidence satisfactory to the City that it has secured all insurance required under this
Section. In addition, Designer shall not allow any subconsultant to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subconsultant has
secured all insurance required under this section.
3.15.1 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in
full force and effect for the duration of the Agreement the following policies of insurance. If the
existing policies do not meet the insurance requirements set forth herein, Designer agrees to
amend, supplement or endorse the policies to do so.
3.15.2 Additional Insured. The City of San Bernardino, its officials, officers,
employees, agents, and volunteers shall be named as additional insureds on Designer’s and its
subconsultants’ policies of commercial general liability and automobile liability insurance using
the endorsements and forms specified herein or exact equivalents.
3.15.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(b) Coverage for Commercial General Liability insurance shall be at
least as broad as the following: Insurance Services Office Commercial General Liability coverage
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Exhibit B-15
(Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must
include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the
City Council, its officers, employees, agents and City designated volunteers additional insured
status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing
the exact same coverage.
(e) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
3.15.4 Automobile Liability
(a) At all times during the performance of the work under this
Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the
City Council, its officers, employees, agents and City designated volunteers additional insured
status.
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Exhibit B-16
(d) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(b) To the extent Designer has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Designer shall maintain full compensation insurance for all persons employed directly by him/her
to carry out the work contemplated under this Agreement, all in accordance with the “Workers’
Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and
any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.
Designer shall require all subconsultants to obtain and maintain, for the period required by this
Agreement, workers’ compensation coverage of the same type and limits as specified in this
Section.
3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this
Agreement the Designer shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the City and
in an amount indicated herein. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically designed
to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement,
the Designer shall maintain privacy/network security insurance, in a form and with insurance
companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or
loss of service, and (4) the introduction, implantation or spread of malicious software code.
3.15.8 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate
for bodily injury, personal injury, and property
damage
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Exhibit B-17
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
Cyber Liability $1,000,000 per occurrence and aggregate
(b) Defense costs shall be payable in addition to the limits.
(c) Requirements of specific coverage or limits contained in this
Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
3.15.9 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the
City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S
or equivalent), together with required endorsements. All evidence of insurance shall be signed
by a properly authorized officer, agent, or qualified representative of the insurer and shall certify
the names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
3.15.10 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written
notice of cancellation of any policy required by this Agreement, except that the Designer shall
provide at least ten (10) days prior written notice of cancellation of any such policy due to non-
payment of premium. If any of the required coverage is cancelled or expires during the term of
this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability
Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of
cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Designer’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Designer shall maintain such coverage continuously for a period
of at least three years after the completion of the work under this Agreement. Designer shall
purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the
effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is
replaced by another claims-made policy with a retroactive date subsequent to the effective date
of this Agreement.
Packet Page. 365
Exhibit B-18
(d) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others
providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its subconsultants.
(e) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Designer from liability in
excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
3.15.11 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements: Each
such policy shall be from a company or companies with a current A.M. Best's rating of no less
than A:VII and admitted to transact in the business of insurance in the State of California, or
otherwise allowed to place insurance through surplus line brokers under applicable provisions of
the California Insurance Code or any federal law.
3.15.12 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Designer, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions
concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Designer or City will withhold
amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel
this Agreement.
(c) The City may require the Designer to provide complete copies of all
insurance policies in effect for the duration of the Project.
(d) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
3.15.13 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to
commence work on any subcontract until they have provided evidence satisfactory to the City that
they have secured all insurance required under this Section. Policies of commercial general
liability insurance provided by such subcontractors or subconsultants shall be endorsed to name
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Exhibit B-19
the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing
the exact same coverage. If requested by Designer, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
3.16 Records.
Designer shall maintain complete and accurate records with respect to all costs and expenses
incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow
a representative of City during normal business hours to examine, audit, and make transcripts or
copies of such records and any other documents created pursuant to this Agreement. Designer
shall allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.17 Standardized Manufactured Items.
Designer shall cooperate and consult with City in the use and selection of manufactured items on
the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical
equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be
standardized to City’s criteria to the extent such criteria do not interfere with building design.
3.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein.
Any additional or subsequent construction at the site of the Project, or at any other City site, will
be covered by, and be the subject of, a separate Agreement for design services between City
and the designer chosen therefor by City.
3.19 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the
parties hereto. The type and process of mediation to be utilized shall be subject to the mutual
agreement of the parties.
3.20 Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest,
executors, administrators and assigns of each party to this Agreement. However, Designer shall
not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or
obligations without the prior written consent of City. Any attempted assignment without such
consent shall be invalid and void.
3.21 Asbestos Certification.
Designer shall certify to City, in writing and under penalty of perjury, that to the best of its
knowledge, information and belief no asbestos-containing material or other material deemed to
be hazardous by the state or federal government was specified as a building material in any
construction document that the Designer prepares for the Project. Designer shall require all
consultants who prepare any other documents for the Project to submit the same written
certification. Designer shall also assist the City in ensuring that contractors provide City with
certification, in writing and under penalty of perjury, that to the best of their knowledge, information
and belief no material furnished, installed or incorporated into the Project contains asbestos or
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Exhibit B-20
any other material deemed to be hazardous by the state or federal government. These
certifications shall be part of the final Project submittal. Designer shall include statements in its
specifications that materials containing asbestos or any other material deemed to be hazardous
by the state or federal government are not to be included.
3.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as
expressly provided herein.
3.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of
California. Venue shall be in San Bernardino County.
3.24 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement
and are incorporated as if fully set forth.
3.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.26 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such
waiver is specifically specified in writing.
3.27 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person
or property. In carrying out its Services, the Designer shall at all times be in compliance with all
applicable local, state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of its employees, consultant and subcontractors appropriate to the
nature of the work and the conditions under which the work is to be performed.
3.28 Harassment Policy.
Designer shall provide a copy of the City's Harassment Policy to each of its employees
assigned to perform the tasks under this Agreement. Designer shall submit to the City's
Personnel Manager a statement signed by each of its employees who are assigned to perform
the Services under this Agreement certifying receipt of City's Harassment Policy and certifying
that they have read the Harassment Policy. A finding by the City that any of Designer's employees
has harassed a City employee shall be grounds for appropriate discipline, up to and including
such employee's removal from performance of this Agreement at City's request.
3.29 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at
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Exhibit B-21
the following address, or at such other address as the respective parties may provide in writing
for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: Interim City Manager
With a Copy to:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
DESIGNER:
IDS Group, Inc.
1 Peters Canyon Road, Suite 130
Irvine, California 92606
Att: Said Hilmy, Principal
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project
or other projects.
3.32 Prohibited Interests.
3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Designer, to
solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed
to pay any company or person, other than a bona fide employee working solely for Designer, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
City shall have the right to rescind this Agreement without liability.
3.32.2 Conflict of Interest. For the term of this Agreement, no director, official,
officer or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.33 Equal Opportunity Employment.
Designer represents that it is an equal opportunity employer and that it shall not discriminate
against any employee or applicant for employment because of race, religion, color, national origin,
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Exhibit B-22
ancestry, sex, age or any other classification protected by federal or state law. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Designer shall also comply with all relevant provisions of City’s minority business enterprise
program, affirmative action plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.34 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of
the California Labor Code which require every employer to be insured against liability for Worker’s
Compensation or to undertake self-insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of the Services.
3.35 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services
required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to each and every
provision of this Agreement.
3.36 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit
shall be incorporated herein by reference.
3.37 Electronic Signature.
Each Party acknowledges and agrees that this Agreement may be executed by electronic or
digital signature, which shall be considered as an original signature for all purposes and shall
have the same force and effect as an original signature.
3.38 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and
supersedes any and all other prior or contemporaneous negotiations, understandings and oral or
written agreements between the parties hereto. Each party acknowledges that no
representations, inducements, promises or agreements have been made by any person which
are not incorporated herein, and that any other agreements shall be void. Furthermore, any
modification of this Agreement shall only be effective if in writing signed by all parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
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Exhibit B-23
SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND IDS GROUP, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger, LLP
City Attorney
IDS GROUP, INC.
Signature
Name
Title
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Exhibit B-24
EXHIBIT A
DESIGNER’S SCOPE OF SERVICES
1. GENERAL REQUIREMENTS.
1.1 Basic Services. Designer agrees to perform all the necessary professional
design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any
other necessary engineering services mutually agreeable to the parties) and construction
administration services for the Project in a timely and professional manner, consistent with the
standards of the profession, including those provided for herein.
1.2 Exclusions from Basic Services. The following services shall be excluded from
the basic services listed above: N/A
1.3 Additional Services. Designer shall perform the following Additional Services for
the Project: N/A
1.4 Communication with City. Designer shall participate in consultations and
conferences with authorized representatives of City and/or other local, regional, or state agencies
concerned with the Project, which may be necessary for the completion of the Project or the
development of the drawings, specifications and documents in accordance with the applicable
standards and requirements of law and the City. Such consultations and conferences shall
continue throughout the planning and construction of the Project and the contractor’s warranty
period. Designer shall take direction only from the City’s Representative, or any other
representative specifically designated by the City for this Project, including any construction
manager hired by the City.
1.5 Coordination and Cooperation with Construction Manager. The City may hire
a construction manager to administer and coordinate all or any part of the Project on its behalf. If
the City does so, it shall provide a copy of its agreement with the construction manager so that
the Designer will be fully aware of the duties and responsibilities of the construction manager.
The Designer shall cooperate with the construction manager and respond to any requests or
directives authorized by the City to be made or given by the construction manager. The Designer
shall request clarification from the City in writing if the Designer should have any questions
regarding the authority of the construction manager.
2. INITIAL PLANNING PHASE.
During the initial planning phase of the Project, Designer shall do all of the following, as well as
any incidental services thereto:
2.1 Project Feasibility. Provide advice and assistance to City in determining the
feasibility of the Project, analysis of the type and quality of materials and construction to be
selected, the site location, and other initial planning matters.
2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of
potential complications, cost overruns, unusual conditions, and general needs that potentially
impact the Project budget and time line, including the City’s Preliminary Construction Budget.
Designer shall use its best judgment in determining the balance between the size, type and quality
of construction to achieve a satisfactory solution within the Project’s budget and construction
allowance. It shall be the duty of the Designer to design the Project within budget. As discussed
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Exhibit B-25
herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project
exceeds the budget by the stated amount, Designer may be required to make the necessary
changes in the drawing and specifications, at its sole cost and expense, to bring the bids within
the required budget.
2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the
Agreement, Designer shall assist City in securing easements, encroachment permits, rights of
way, dedications, infrastructures and road improvements, as well as coordinating with utilities and
adjacent property owners.
3. SCHEMATIC PLAN PHASE.
During the schematic plan phase of the Project, Designer shall do all of the following, as well as
any incidental services thereto:
3.1 Funding Documents. Designer shall provide a site plan and all other Project-
related information necessary and required for an application by City to any federal, state,
regional, or local agencies for funds to finance the construction Project.
3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary
plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale
and relationship of the components of the Project, the plot plan development at the site, and the
proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the
functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all
laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms
incorporated in each building of the Project in single-line drawings, and shall include all revisions
required by City or by any federal, state, regional or local agency having jurisdiction over the
Project. All design drawings for the Project shall be in a form suitable for reproduction.
3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary
Construction Budget and its own expertise and experience with the Project to establish a
preliminary project budget or allowance in a format required by City (“Designer’s Preliminary
Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the
probable Project cost in relation to City’s Preliminary Construction Budget and the construction
standards of any applicable funding agency. If Designer perceives site considerations which
render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing
to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and
responsible bid for the Project exceeds the budget by more than the stated amount, Designer
may be required to make the necessary changes in the drawings and specifications, at its sole
cost and expense, to bring the bids within the required budget Designer shall provide a preliminary
written time schedule for the performance of all construction work on the Project.
3.4 Copies of Schematic Plans and Other Documents. Designer, at its own
expense, shall provide a complete set of the Schematic Plans described herein for City’s review
and approval. Additionally, at City’s expense, Designer shall provide such documents as may be
required by any federal, state, regional or local agencies concerned with the Project. Any
additional copies required by City shall be provided at actual cost to City.
4. DESIGN DEVELOPMENT PHASE.
During the design development phase of the Project, Designer shall do all of the following, as well
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Exhibit B-26
as any incidental services thereto:
4.1 Design Development Documents. Once City provides Designer with specific
written approval of the Schematic Plans described herein, Designer shall prepare design
development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other
drawings and documents sufficient to fix and describe the types and makeup of materials, as well
as the size and character of the Project’s structural, mechanical and electrical systems, and to
outline the Project specifications (“Design Development Documents”). The Design Development
Documents shall be prepared in sufficient form to present to the City Council for approval.
4.2 Copies of Design Development and Other Documents. Designer, at its own
expense, shall provide a complete set of the Design Development Documents described herein
for City’s review and approval. Additionally, at City’s expense, Designer shall provide such
documents as may be required by any federal, state, regional or local agencies concerned with
the Project. Any additional copies required by City shall be provided at actual cost to City.
4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and
expertise and experience with the Project to establish an updated estimate of probable
construction costs, containing detail consistent with the Design Development Documents as set
forth herein and containing a breakdown based on types of materials and specifications identified
herein (“Designer’s Updated Project Budget”).
4.4 Timetable. Designer shall provide a written timetable for full and adequate
completion of the Project to City.
4.5 Application for Approvals. Designer shall assist City in applying for and
obtaining required approvals from all federal, state, regional or local agencies concerned with the
Project. Designer shall furnish and process all design and engineering information required to
prepare and process applications to applicable utilities in order to secure priorities and materials,
to aid in the construction of the Project and to obtain final Project approval and acceptance by
any of the above agencies as may be required.
4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and
approval, a preliminary schedule of all color materials and selections of textures, finishes and
other matters involving an aesthetic decision about the Project.
5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.
During the final working drawings and specifications phase of the Project, Designer shall do all of
the following, as well as any incidental services thereto:
5.1 Final Working Drawings and Specifications. Once City provides Designer with
specific written approval of the Design Development Documents described herein, Designer shall
prepare such complete working drawings and specifications as are necessary for developing
complete bids and for properly executing the Project work in an efficient and thorough manner
(“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications
shall be developed from the Schematic Plans and Design Development Documents approved by
City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and
equipment required for the architectural, structural, mechanical, and electrical systems; and (3)
the utility service connection equipment and site work. As indicated in Section 3.9.2 of the
Agreement, City may be requested to supply Designer with the necessary information to
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Exhibit B-27
determine the proper location of all improvements on and off site, including record drawings (“as-
built drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy
of such information by means of a thorough interior and exterior visual survey of site conditions.
City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide
any supplemental information to Designer which may not be shown on the as-built drawings.
5.2 Form. The Final Working Drawings and Specifications must be in such form as
will enable Designer and City to secure the required permits and approvals from all federal, state,
regional or local agencies concerned with the Project. In addition, the Final Working Drawings
and Specifications must be in such form as will enable City to obtain, by competitive bidding, a
responsible and responsive bid within the applicable budgetary limitations and cost standards.
The Final Working Drawings and Specifications shall be clear and legible so that uniform copies
may be on standard architectural size paper, properly indexed and numbered, and shall be
capable of being clearly copied and assembled in a professional manner by Designer.
5.3 Approval and Revisions. City shall review, study, and check the Final Working
Drawings and Specifications presented to it by Designer, and request any necessary revisions or
obtain any necessary approvals by the City Council, subject to the approval of all federal, state,
regional or local agencies concerned with the Project. Designer shall make all City-requested
changes, additions, deletions, and corrections in the Final Working Drawings and Specifications
at no additional cost, so long as they are not in conflict with the requirements of public agencies
having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s
professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the
attention of City. The parties agree that Designer, and not the City, possesses the requisite
expertise to determine the constructability of the Final Working Drawings and Specifications.
However, the City reserves the right to conduct one or more constructability review processes
with the Final Working Drawings and Specifications, and to hire an independent designer or other
consultant to perform such reviews. Any such independent constructability review shall be at
City’s expense. Designer shall make all City-requested changes, additions, deletions, and
corrections in the Final Working Drawings and Specifications which may result from any
constructability review, at no additional cost to the City, so long as they are not in conflict with the
requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier
City direction or Designer’s professional judgment. If such changes, additions, deletions or
corrections are inconsistent with prior City direction, Designer shall make such alterations and be
compensated therefore pursuant to the Additional Services provision of this Agreement.
5.4 Costs of Construction. It is understood by Designer that should the Final
Working Drawings and Specifications be ordered by City, City shall specify the sum of money set
aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it
become evident that the total construction cost will exceed the specified sum, Designer shall at
once present a statement in writing to the City’s Representative setting forth this fact and giving
a full statement of the cost estimates on which the conclusion is based.
5.5 Copies of Final Working Drawings and Specifications and Other Documents.
Designer, at its own expense, shall provide a complete set of the Final Working Drawings and
Specifications described herein for City’s review and approval. Additionally, at City’s expense,
Designer shall provide such documents as may be required by any federal, state, regional or local
agencies concerned with the Project. Any additional copies required by City shall be provided at
actual cost to City.
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Exhibit B-28
6. CONSTRUCTION CONTRACT DOCUMENTS.
During the construction contract documents phase of the Project, Designer shall do all of the
following, as well as any incidental services thereto:
6.1 Bid and Contract Documents. If so required by City, Designer shall assist City
in the completion of all bid and construction documents, including but not limited to, the Notice
Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested
by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions,
DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond,
Escrow Agreement for Security Deposits, and any other certifications and documents required by
federal, state and local laws, rules and regulations which may be reasonably required in order to
obtain bids responsive to the specifications and drawings. All such documents shall be subject
to the approval of City and City’s legal counsel.
6.2 Final Estimate. At the time of delivery of these bid and construction documents,
which shall include the Final Working Drawings and Specifications (collectively referred to herein
as the “Construction Documents”), Designer shall provide City with its final estimate of probable
construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it
shall be the Designer’s duty to design the Project within budget.
7. BID PHASE.
During the bid phase of the Project, Designer shall do all of the following, as well as any incidental
services thereto:
7.1 Reproducible Construction Documents. Once City provides Designer with
specific written approval of the Construction Documents and Designer’s Final Estimate, Designer
shall provide to City one set of reproducible Construction Documents.
7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist
City in distributing the Construction Documents to bidders and conducting the opening and review
of bids for the Project.
7.3 Over Budget. If the apparent lowest responsive and responsible bid on the
Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request
Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications
in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less
than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and
responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or
alternates, shall be made in consultation with, and subject to the approval of, the City.
8. CONSTRUCTION PHASE.
During the construction phase of the Project, Designer shall do all of the following, as well as any
incidental services thereto:
8.1 Observation. The Project Designer shall observe work executed from the Final
Working Drawings and Specifications in person, provided that City may, in its discretion, consent
to such observation by another competent representative of Designer.
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Exhibit B-29
8.2 General Administration. Designer shall provide general administration of the
Construction Documents and the work performed by the contractors.
8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction
meetings, as the City determines is needed for the Project, with all interested parties.
8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe
each contractors’ work for general conformance with the Construction Documents and with any
approved construction schedules or milestones. Such site visits shall be conducted as often as
are necessary and appropriate to the stage of construction, according to the City’s sole discretion,
but in no event less than weekly.
8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to
communicate and observe the activities of the City inspectors. Such site visits shall be conducted
as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors
and the Project contractors to coordinate the preparation of record drawings indicating dimensions
and location of all “as-built” conditions, including but not limited to, underground utility lines.
8.6 Coordination of Designer’s Consultants. Designer shall cause all architects,
engineers and other consultants, as may be hired by Designer or City, to observe the work
completed under their disciplines as required, and approve and review all test results for general
conformance with the Construction Documents.
8.7 Reports. Designer shall make regular reports as may be required by applicable
federal, state or local laws, rules or regulations, as well as the federal, state, regional or local
agencies concerned with the Project.
8.8 Construction Meetings; Minutes. Designer shall attend all construction
meetings and provide written reports/minutes to the City after each construction meeting in order
to keep City informed of the progress of the work. Such meetings shall occur at a frequency
necessary for the progress of the Project work, according to the City’s sole discretion, but no less
than weekly.
8.9 Written Reports. Designer shall make written reports to City as necessary to
inform City of problems arising during construction, changes contemplated as a result of each
such problems, and progress of the Project work.
8.10 Written Records. Designer shall keep accurate written records of the progress
and quality of the Project work and the time schedules, and shall advise the contractors and City
of any deviations from the time schedule which could delay timely completion of the Project.
8.11 Material and Test Reports. Designer shall check and process, in a timely
manner, all required material and test reports for the Project work. In addition, Designer shall
provide notice of any deficiencies in material or work reflected in such reports, as well as its
recommendation for correction of such deficiencies, to the contractors and City.
8.12 Review and Response to Submissions. Designer shall review and respond, in
a timely manner, to all schedules, submittals, shop drawings, samples, information requests,
change requests, and other submissions of the contractor and subcontractors for compliance with,
or alterations and additions to, the Construction Documents. Designer’s review and response
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Exhibit B-30
shall be done in such a manner so as to ensure the timely and uninterrupted progress of the
Project work.
8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work
or materials which do not conform to the Construction Documents. Designer shall immediately
notify the City and contractor(s) of such rejections. Designer shall also have the authority to
recommend to the City that additional inspection or testing of the work be performed, whether or
not such work is fabricated, installed or completed.
8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard
to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final
written approval of such substitutions. Designer’s consultation shall be done in such a manner
so as to ensure the timely and uninterrupted progress of the Project work.
8.15 Revised Documents and Drawings. Designer shall prepare, at no additional
expense to City, all documents and/or drawings made necessary by errors and omissions in the
originally approved Construction Documents.
8.16 Change Requests and Material Changes. Designer shall evaluate and advise
City, in a timely manner and in writing, of any change requests and material change(s) which may
be requested or necessary in the Project plans and specifications. Designer shall provide the
City with its opinion as to whether such change requests should be approved, denied or revised.
If the City has not hired a construction manager or other person to do so, the Designer shall
prepare and execute all change orders and submit them to the City for authorization. If the City
has designated a construction manager or other person to prepare all change orders, the
Designer shall review all change orders prepared by such person, execute them and deliver them
to the City for authorization if they meet with the Designer’s approval, or submit them to the City
with recommendations for revision or denial if necessary. Designer shall not order contractors to
make any changes affecting the contract price without approval by City of such a written change
order, pursuant to the terms of the Construction Documents. Designer may order, on its own
responsibility and pending City Council approval, changes necessary to meet construction
emergencies, if written approval of City’s Representative is first secured.
8.17 Applications for Payment. Designer shall examine, verify and approve
contractor’s applications for payment, and shall issue certificates for payment in amounts
approved by the City’s inspector.
8.18 Final Color and Product Selection. Designer shall coordinate final color and
product selection with City’s original design concept.
8.19 Substantial Completion. Designer shall determine the date of substantial
completion, in consultation with the City.
8.20 Punch List. After determining that the Project is substantially complete, Designer
shall participate in the inspection of the Project and shall review all remaining deficiencies and
minor items needed to be corrected or completed on the Project, including those identified on the
punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in
writing that all Punch List Items must be corrected prior to final acceptance of the Project and final
payment. Designer shall also notify City of all Punch List Items.
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Exhibit B-31
8.21 Warranties. Designer shall review materials assembled by the contractor and
subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction
books, diagrams, record “as built” drawings, and any other materials required from the contractors
and subcontractors pursuant to the Construction Documents. Designer shall coordinate and
provide these materials to the City.
8.22 Certificate of Completion. Designer shall participate in any further inspections
of the Project necessary to issue Designer’s Certificate of Completion and final certificate for
payment.
8.23 Documents for Project Close-Out. Designer shall cause all other architects,
engineers and other consultants, as may be hired by Designer, to file any and all required
documentation with the City or other governmental authorities necessary to close out the Project.
Designer shall assist the City in obtaining such documentation from all other architects, engineers,
or other consultants.
9. AS-BUILT DRAWINGS.
During the as-built drawings phase of the Project, Designer shall do all of the following, as well
as any incidental services thereto:
9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after
substantial completion of the Project, before receipt of final payment, Designer shall review and
forward the Final Working Drawings and Specifications, indicating on them all changes made by
change orders or otherwise pursuant to the Construction Documents, as well as all information
called for on the specifications, thus producing an “as-built” set of Final Working Drawings and
Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications
shall show, among other things, the location of all concealed pipe, buried conduit runs and other
similar elements within the completed Project. Designer shall personally review and certify that
the As-Built Drawings and Specifications are a correct representation of the information supplied
to Designer by any inspectors and the contractor, and shall obtain certifications from any
inspectors and the contractor that the drawings are correct.
9.2 Approval. Once City provides Designer with specific written approval of the As-
Built Drawings and Specifications, Designer shall forward to City the complete set of original As-
Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings
and Specifications. The tracing shall be of such quality that clear and legible prints may be made
without appreciable and objectionable loss of detail.
9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment,
Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of
the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and
Specifications as required herein; and (4) Designer’s Certificate of Completion.
10. WARRANTY PERIOD.
During the warranty period phase of the Project, Designer shall do all of the following, as well as
any incidental services thereto:
10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the
Project during any applicable warranty periods for the Project.
11.1 Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the
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Exhibit B-32
Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local
Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this
Agreement. As applicable, Consultant shall comply with all federal requirements including, but
not limited to, the following, all of which are expressly incorporated herein by reference:
11.1.1 Sections 602 and 603 of the Social Security Act as added by Section
9901 of the American Rescue Plan Act of 2021 (the “Act”); U.S. Department of the Treasury
(“Treasury”) Final Rule for the Act;
11.1.2 Treasury Compliance and Reporting Guidance for the Act;
11.1.3 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S.
Department of the Treasury may determine are inapplicable to the CSLFRF program and subject
to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
11.1.4 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and
Conditions; and
11.1.5 Federal contract provisions attached hereto as Exhibit “D” and
incorporated herein by reference.
11.1.6 Subcontracts, if any, shall contain a provision making them subject to all
of the provisions stipulated in this Agreement. With respect to any conflict between such federal
requirements and the terms of this Agreement and/or the provisions of state law and except as
otherwise required under federal law or regulation, the more stringent requirement shall control.
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Exhibit B-33
EXHIBIT B
FEE AND PHASING/FUNDING SCHEDULES
1. FEE SCHEDULE.
Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will
include with each invoice a detailed progress report that indicates the amount of budget spent on
each phase and the total amount spent against the Total Compensation. Designer will inform
City regarding any out-of-scope work being performed by Designer for which Designer intends to
seek compensation from City.
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Exhibit B-0
2. PHASING/FUNDING SCHEDULE.
Progress payments towards Total Compensation shall never exceed the following percentages
of Total Compensation as of the phase indicated:
Initial Planning Phase: ________ percent (%____)
Schematic Plan Phase: ________ percent (%____)
Design Development Phase: ________ percent (%____)
Final Working Drawings & Specifications Phase: ________ percent (%____)
Construction Contract Documents Phase: ________ percent (%____)
Bid Phase: ________ percent (%____)
Construction Phase: ________ percent (%____)
As-Built Drawings Phase: ________ percent (%____)
Warranty Period Phase: ________ percent (%____)
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Exhibit B-1
EXHIBIT C
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
N/A
2. REIMBURSABLE EXPENSES.
N/A
3. ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4. ADDITIONAL CONSULTANTS.
If City requires Designer to hire consultants to perform any Additional Services, Designer shall be
compensated therefore at the Designer’s actual hourly rates plus 0%. Owner shall have the
authority to review and approve the rates of any such consultants.
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Exhibit B-2
EXHIBIT "D"
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal
laws and regulations including, but not limited to, the federal contract provisions in this Exhibit
“D”.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO
PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach and
termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement
meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant
agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv) The Consultant will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
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Exhibit B-3
(v) The Consultant will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement
may be canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the Consultant may request the United States to enter into such litigation to protect the interests
of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,
that it will furnish the administering agency and the Secretary of Labor such information as they
may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
has not demonstrated eligibility for, Government contracts and federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
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Exhibit B-4
Executive Order. In addition, the City agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this
project; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this
Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Consultant or subcontractor under any such contract or any other Federal contract with the
Consultant, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the Consultant, such sums as may be determined to be
necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or
Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §
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Exhibit B-5
401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the Consultant must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control
Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands
and agrees that the City will, in turn, report each violation as required to assure notification to the
Federal awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding
$150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report
each violation to the City and understands and agrees that the City will, in turn, report each
violation as required to assure notification to the Federal awarding agency and the appropriate
Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these
requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all subcontractors performing work under this Agreement are not debarred, disqualified,
or otherwise prohibited from participation in accordance with the requirements above. Consultant
further agrees to notify the City in writing immediately if Consultant or its subcontractors are not
in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier
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Exhibit B-6
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum
use of products containing recovered materials that are EPA-designated items unless the product
cannot be acquired: competitively within a timeframe providing for compliance with the contract
performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate
items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Consultant also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications
and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part
of any system funded under this Agreement. As described in Public Law 115–232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by
such entities or using such equipment.
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Exhibit B-7
(3) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or
use goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section
must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to
assure that minority firms, women’s business enterprises, and labor surplus area firms are used
when possible and will not be discriminated against on the grounds of race, color, religious creed,
sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
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Exhibit B-8
(c) Consultant shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government
Accountability Office, or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this
Agreement for the purposes of conducting audits or other investigations. Records shall be
maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f)
of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, including,
without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby
incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.
Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing
regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
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Exhibit B-9
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination
on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims
in connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available
by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds,
an abuse of authority relating to a federal contract or grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes
the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or
management;
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Exhibit B-10
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally
owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt
and enforce policies that ban text messaging while driving, and Consultant should establish
workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars;
policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons
to its programs, services and activities because of their limited proficiency in English is a form of
national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly,
Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure
meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance
services, including oral interpretation and written translation where necessary to ensure effective
communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services and
activities. As a resource, the Department of the Treasury has published its LEP guidance at 70
FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant’s successors, transferees and assignees for the period in which such
assistance is provided.
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Exhibit B-11
(v) Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil
Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from
a program or activity, denying benefits of, or otherwise discriminating against a person on the
basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department
of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference
and made a part of this contract (or agreement). Title VI also extends protection to persons with
“Limited English proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this contract (or
agreement).
(vi) Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for
which the federal financial assistance is extended or for another purpose involving the provision
of similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information requests,
on-site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department of the
Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and
limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Consultant must also inform the Department
of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including
any voluntary compliance or other agreements between the Consultant and the administrative
agency that made the finding. If the Consultant settles a case or matter alleging such
discrimination, Consultant must provide documentation of the settlement. If Consultant has not
been the subject of any court or administrative agency finding of discrimination, please so state.
(x) If Consultant makes sub-awards to other agencies or other entities,
Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
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Exhibit B-12
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the American
Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification
Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number):
21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in
addition to any and all applicable County, State, and Federal laws, regulations, policies, and
procedures pertaining to the funding of this Contract. The use of the funds must also adhere to
official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any
funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the
ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor
i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii)
that are determined to have been misused; or iii) that are determined to be subject to a repayment
obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt
to the federal government. Contractor agrees to comply with the requirements of section 603 of
the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury
regarding the foregoing. Contractor shall provide for such compliance in any agreements with
subcontractor(s).
Contractor agrees to comply with the following:
A. In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-Federal
Contractor should, to the greatest extent practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all contracts and purchase
orders for work or products under this award. For purposes of this section: “Produced in the United
States” means, for iron and steel products, that all manufacturing processes, from the initial melting
stage through the application of coatings, occurred in the United States. “Manufactured products”
means items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video
surveillance services or equipment such as phones, internet, video surveillance, cloud servers are
allowable except for the following circumstances: Obligating or expending covered telecommunications
and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section
200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a
contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems,
as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or
any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of
government facilities, physical security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or
any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services
provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance
equipment or services produced or provided by an entity that the Secretary of Defense, in consultation
with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government
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Exhibit B-13
of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889,
subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected businesses,
institutions and organizations as is reasonably necessary for those affected entities to transition from
covered communications equipment and services, to procure replacement equipment and services,
and to ensure that communications service to users and customers is sustained.
C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part
247 that contain the highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
“funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply
with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all
contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702
and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40
U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
Packet Page. 397
Exhibit B-14
H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as
supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non-Federal
contractor must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The non-Federal Contractor must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145),
as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from
the United States”). The Act provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal
contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees
and workers a wage not less than the minimum wage for the work classification as specified in both
the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional
information regarding California Prevailing Wage Rate Requirements and the applicable general
prevailing wage determinations which are on file with the City and are available to any interested
party on request. The higher of the two applicable wage determinations, either California prevailing
wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services
under this Contract.
I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or
legal remedies in instances where Contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-
Federal Contractor including the manner by which it will be effected and the basis for settlement.
K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all
contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section
60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3
C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R.
part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.” The identified clause is below and Contractor shall comply with the clause and
all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or
guarantee, the following equal opportunity clause:
Packet Page. 398
Exhibit B-15
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
Packet Page. 399
Exhibit B-16
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
L. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United
States Treasury guidelines and timeline, for project tracking and monitoring and various reporting
purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required
Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required
Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable
database - retrievable collective data that needs to be available to County, State or Federal
governments upon request.
M. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per
County, and United States Treasury guidelines and timeline, for project tracking and monitoring and
various reporting purposes. Data including, but not limited to: Required Project Demographic
Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure
Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a
quantifiable and reportable database - retrievable collective data that needs to be available at request.
Packet Page. 400
Exhibit B-17
N. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the
City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees
to routine and impromptu program and project evaluation by the City.
O. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited
to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333
(subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements),
as these sections currently exist or may be amended. The use of funds must also adhere to official
federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds
expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal
guidance shall be returned to the County. Contractor agrees to comply with all official guidance
regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes
available, an amendment to this Contract may become necessary. If an amendment is required,
Contractor agrees to promptly execute the Contract amendment.
P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or
sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for
records). Such documentation shall be produced to City upon request and may be subject to audit.
Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall
maintain all documentation connected with its performance under this Contract for a minimum of five
(5) years from the date of the last payment made by City or until audit resolution is achieved, whichever
is later, and to make all such supporting information available for inspection and audit by
representatives of the City, the State or the United States Government during normal business hours
at Contractor. Copies will be made and furnished by Contractor upon written request by City.
Q. Contractor shall establish and maintain an accounting system conforming to Generally Accepted
Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and
accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs,
matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall
provide a monthly report of expenditures under this Contract no later than the 20th day of the following
month.
R. Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any
audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be
completed by Contractor at Contractor’s expense.
S. Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by
subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the
ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit
findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings.
Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within
one hundred twenty (120) days of audit findings, or within such other period as may be agreed between
both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due
Contractor from any source under City’s control.
T. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and
subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements
of the Uniform Guidance, implementing the Single Audit Act, shall apply.
U. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.
V. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.
Packet Page. 401
Exhibit B-18
W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title
2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is
subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19.
Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R.
Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System
for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that
implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
X. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2
C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
Y. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601-
4655) and implementing regulations.
BB. Applicable Federal environmental laws and regulations.
CC. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s
implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis
of race, color, or national origin under programs or activities receiving federal financial
assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et
seq.), which prohibits discrimination in housing on the basis of race, color, religion, national
origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which
prohibits discrimination on the basis of disability under any program or activity receiving federal
financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which
prohibits discrimination on the basis of disability under programs, activities, and services
provided or made available by state and local governments or instrumentalities or agencies
thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101
et seq.), which prohibits discrimination on the basis of disability under programs, activities, and
services provided or made available by state and local governments or instrumentalities or
agencies thereto.
DD. Contractor understands that making false statements or claims in connection with the ARPA funded
activities is a violation of federal law and may result in criminal, civil, or administrative sanctions,
including fines, imprisonment, civil damages and penalties, debarment from participating in federal
awards or contracts, and/or any other remedy available by law.
EE. Any publications produced with ARPA funds must display the following language: “This project [is
being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San
Bernardino County by the U.S. Department of Treasury.”
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Exhibit B-19
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged
to adopt and enforce on-the-job seat belt policies and programs for their employees when operating
company-owned, rented, or personally owned vehicles.
GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged
to adopt and enforce policies that ban text messaging while driving and establishing workplace safety
policies to decrease accidents caused by distracted drivers.
HH. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and
Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection
to discrimination under programs and activities receiving federal funds, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et
seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R.
Part 22 and other pertinent executive orders such as Executive Order 13166, directives,
circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with
Limited English Proficiency,” seeks to improve access to federally assisted programs and
activities for individuals who, because of national origin, have Limited English proficiency
(LEP). Contractor understands that denying a person access to its programs, services, and
activities, because of LEP is a form of national origin discrimination prohibited under Title VI of
the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations.
Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s
directives, to ensure LEP persons have meaningful access to its programs, services, and
activities. Contractor understands and agrees that meaningful access may entail provide
language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during development of
applicable budgets and when conducting programs, services, and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race,
color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights
Act and implementing regulations and provide, upon request, a list of all such reviews or
proceedings based on the complaint, pending or completed, including outcome.
II. The City must include the following language in every contract or agreement subject to Title VI and its
regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance
from excluding a program or activity, denying benefits of, or otherwise discriminating
against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et
seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31
C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C.
Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and
made a part of this contract or agreement.”
JJ. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the
Department of the Treasury. Contractor shall comply with information requests, on-site compliance
reviews, and reporting requirements.
Packet Page. 403
Exhibit B-20
KK. Contractor shall maintain records and financial documents sufficient to evidence compliance with
section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by
Treasury regarding the foregoing.
LL. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits
or other investigations.
MM. Contractor shall maintain records for a period of five (5) years after the completion of the contract
or a period of five (5) years after the last reporting date the City is obligated with the Department of the
U.S. Treasury, whichever is later.
NN. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R.
Section 200.112.
OO. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of
authority relating to a federal contract or grant, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal contract (including the competition
for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following: (i) A member
of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The
Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight
or management; (v) An authorized official of the Department of Justice or other law enforcement
agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient,
subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address
misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this
Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in
the Contract, the terms in this Exhibit shall control.
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Attach men t 3
Speicher Mem orial Park
1000 ft
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Cassandra Searcy, Deputy Director of Housing and
Homelessness
Department:Community Development and Housing Department (CD)
Subject:Arrowhead Grove Phase IV Affordable Housing
Project Conditional Funding Commitment (Ward 2)
Recommendation:
It is Recommended that the Mayor and City Council of San Bernardino, California
1. Adopt Resolution No. 2024-036 of the Mayor and City Council of the City of
San Bernardino, California, approving a Conditional Funding Commitment for
Arrowhead Grove Phase IV, an affordable housing project; and
2. Authorize the City Manager, or designee, to take any further actions and
execute any further agreements or documents as necessary including minor
and substantive changes.
Executive Summary
Approval of Resolution No. 2024-036 is a conditional funding commitment of HOME
Investment Partnership and Neighborhood Stabilization Programs funds, and there will
be no impact on the General Fund. Arrowhead Grove Phase IV (“Project”), 92 low-
income units, is part of a total of 412 units spread over three separate parcels. The
project encourages and facilitates the development of new housing in Downtown San
Bernardino and along transit lines.
Background
The United States Department of Housing and Urban Development (HUD) provides
HOME Investment Partnerships Program (HOME) funding to the City, to support the
increase in the supply of affordable housing for low- and very low-income households.
A conditional commitment refers to the promise to commit HOME fund once the
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Housing Authority of San Bernardino County (HACSB) and National Core Renaissance
of California (CORE) meet agreed upon conditions.
Arrowhead Grove is a transformational master-planned community located in the heart
of San Bernardino. When complete, this 38-acre site will consist of more than 400
mixed-income apartment homes for individuals, families, and seniors.
To date, Phase I (Valencia Vista), Phase II (Olive Meadow), and Phase III (Crestview
Terrace) have been completed. The following summarizes Arrowhead Grove when all
phases are completed:
Phase Location
# of
Units Completion Date
City
Contribution
Valencia Vista 960 N. Valencia Ave 75 June 2016 HOME Loan
Olive Meadow 610 E. Olive St.62 November 2017 HOME Loan
Crestview
Terrace
575 E. Baseline St.184 September 2021 HOME/NSP
Loan
Phase IV TBD 91 TBD HOME/NSP
Loan
Phase V Community Centers N/A TBD TBD
TOTAL 412
The completion of the first three phases has required the support of multiple funding
sources: HUD Office of Recapitalization, HUD Federal Housing Administration, HUD
Lender (Wells Fargo), Tax Credit Investors, and public lenders (County of San
Bernardino, HACSB, and the City).
Discussion
Phase IV would include the development of seven (7) two and three-story buildings
to accommodate 92 new affordable residential units targeting income levels at 80%
of the Area Median Income (AMI) and below. Phase IV would include a private
community center, a swimming pool, shared outdoor common area amenities with
Phases I-III, and surface parking. Development of the 92 residential units, combined
with the previously developed 321 units in Phases I-III would result in a total of 412
units.
To financially support the Project, the development team plans to submit an application
for the Affordable Housing and Sustainable Communities (AHSC) program. The
application deadline is March 19, 2024. The AHSC program provides grants and/or
loans to projects that achieve GHG emission reductions and benefit Disadvantaged
Communities, Low-Income Communities, and Low-Income Households through
increasing accessibility of affordable housing, employment centers, and Key
Destinations via low-carbon transportation. These investments result in fewer vehicle
miles traveled through shortened or reduced vehicle trip length or mode shift to transit,
bicycling, or walking.
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HACSB/CORE will also be applying for tax-exempt bonds from the California Debt
Limit Allocation Committee (CDLAC), which if awarded also provides 4% federal low-
income housing tax credits (Tax Credits), as well as $5 million from San Bernardino
County, made up of $3 million of the County’s HOME allocation and $2 million from
the County’s Housing Development Fund. HACSB will be donating the land to the
Project as a below market ground lease conveyance. HUD has also confirmed that
the Project is eligible for the conversion of assistance of 92 units to Section 8
assistance under the Rental Assistance Demonstration (RAD) program.
AHSC scores projects on a series of factors and requires HACSB/CORE to
demonstrate that the Project is financially feasible as evidenced by documentation
including, but not limited to, Enforceable Funding Commitments. City staff
recommends the approval of a conditional commitment of up to $1.9 million of
Neighborhood Stabilization Program (NSP) funds and up to $3 million in HOME funds
to support the Arrowhead Grove Phase IV Project, not to exceed $4.9 million in total
City funding.
This is a conditional funding commitment, City will return at a future date to request
commitment of the HOME and NSP funds, when HACSB and CORE demonstrate all
the HOME commitment requirements of 24 CFR 92.2, the requirements contained in
24 CFR92.250(b), provide assessment of the market demand in the neighborhood,
complete the environmental review requirements, secure all necessary financing,
provide a complete budget, demonstrate cost reasonableness, submit all
documentation necessary for the City to complete underwriting and subsidy layering
requirements.
2021-2025 Strategic Targets and Goals
Expanding accessibility to housing will improve the quality of life for unhoused
residents. The Project aligns with Strategic Target No. 3: Improved Quality of Life.
Fiscal Impact
There is no fiscal impact to the General Fund associated with this item.
Conclusion
It is Recommended that the Mayor and City Council of San Bernardino, California
1. Adopt Resolution No. 2024-036 of the Mayor and City Council of the City of San
Bernardino, California, approving a Conditional Funding Commitment for
Arrowhead Grove Phase IV, an affordable housing project; and
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2. Authorize the City Manager, or designee, to take any further actions and execute
any further agreements or documents as necessary including minor and
substantive changes.
Attachments
Attachment 1: Resolution 2024-036
Attachment 2: Resolution 2017-257 Arrowhead Grove Project
Ward:
2ND Ward
Synopsis of Previous Council Actions:
December 20, 2017 The Mayor and City Council approved the Conditional Use
Permit and Revised Subdivision for the development of the
Arrowhead Grove Project.
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Resolution No. 2024-036
Resolution 2024-036
March 6, 2024
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RESOLUTION NO. 2024-036
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A CONDITIONAL FUNDING COMMITMENT
FOR ARROWHEAD GROVE PHASE IV, AN AFFORDABLE
HOUSING PROJECT.
WHEREAS, on December 20, 2017, the Mayor and City Council of the City of San
Bernardino, California, approved a Conditional Use Permit and Revised Subdision to allow the
development, establishment, and operation of the Arrowhead Grove project comprised of 411
residential units, approximately 194,200 square feet of commercial/mixed uses, two private
community centers, one public community center, and two detention basins, on a site comprised
of four parcels containing a total of approximately 39.36 acres (“Project”); and
WHEREAS, the Housing Authority of San Bernardino County (HACSB) will be applying
for the State of California Affordable Housing and Sustainable Communities (AHSC) funding on
March 19, 2024; and
WHEREAS, the AHSC program provides grants and/or loans to projects that achieve
GHG emission reductions and benefit Disadvantaged Communities, Low-Income Communities,
and Low-Income Households through increasing accessibility of affordable housing, employment
centers, and Key Destinations via low-carbon transportation. These investments result in fewer
vehicle miles traveled through shortened or reduced vehicle trip length or mode shift to transit,
bicycling, or walking.in connection with the application for AHSC and
WHEREAS, in connection with the application for the ASHC funding HACSB must
demonstrate that the Project is financially feasible as evidenced by documentation including, but
not limited to, Enforceable Funding Commitments.; and
WHEREAS, the HACSB entered into an agreement with National Community
Renaissance of California (CORE), as the developer, have jointly requested the City to conditional
commit HOME Investment Partnership Program (HOME) fund in the amount not to exceed three
million dollars ($3,000,000) and Neighborhood Stabilization Program (NSP) in the amount not to
exceed one million and nine-hundred thousand dollars ($1,900,00) for the development of 92 low-
income affordable housing units; and
WHEREAS, the City will commit the HOME and NSP funds, subject to Mayor and City
Council approval, when HACSB and CORE demonstrate all the HOME commitment requirements
of 24 CFR 92.2, the requirements contained in 24 CFR92.250(b), provide assessment of the market
demand in the neighborhood, complete the environmental review requirements, secure all
necessary financing, provide a complete budget, demonstrate cost reasonableness, submit all
documentation necessary for the City to complete underwriting and subsidy layering
requirements.; and
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Resolution No. 2024-036
Resolution 2024-036
March 6, 2024
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WHEREAS, the City will commit the HOME and NSP funds, subject to Mayor and City
Council approval, with the execution of a formal HOME and NSP Agreement with HACSB and
CORE which would set forth the conditions of disbursement of the City Loan, and document the
Project compliance with HOME and NSP regulations and consistency with the housing needs
identified in the City’s Consolidated Plan.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is authorized to execute any documents as may be
necessary to conditional commit the HOME and NSP funds.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-036
Resolution 2024-036
March 6, 2024
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-036
Resolution 2024-036
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-036, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2023
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary Lanier, Interim Agency Director of Community
Development and Housing Department.
Department:Community Development and Housing Department (CD)
Subject:Approve Professional Agreement for Motel Voucher
Program (All Wards)
Recommendation:
It is Recommended that the Mayor and City Council of San Bernardino, California
1. Approve the Professional Service Agreement with Anand Patel (Pa-An, Inc.,
Namaste Sitiye Inc., and SB Hotel North LLC) for the provision of motel rooms
ranging from 55 rooms (minimum) to 121 rooms (maximum) for a total amount
not to exceed $2,751,840 and for a term beginning March 11, 2024, through
March 10, 2025; and
2. Reallocate unspent Permanent Local Housing Allocation (PLHA) funds to the
Motel Voucher Program in the amount of $327,591; and
3. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents as necessary to effectuate the
implementation of the Motel Voucher Program.
Executive Summary
The City re-released a Request for Proposal (RFP) in search of additional, local motel
operators willing to participate in the City’s Motel Voucher Program. The City selected
a motel vendor who owns three (3) local motels, which can provide up to 107 rooms.
Upon Council’s approval, the Motel Voucher Program will have access to 121 motel
rooms and 201 beds, allowing the City the ability to exceed its shelter bed threshold
capacity. There is no General Fund fiscal impact associated with this item.
Background
On December 7, 2022, the Mayor and City Council unanimously agreed to allocate
$12.5 Million in American Rescue Plan Act (ARPA) funding towards the development
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and operation of a low-barrier, non-congregate navigation center to help its unhoused
residents, of which $4.5 Million was directed towards the Navigation Center’s
operations.
On February 1, 2023, the Mayor and City Council unanimously voted to adopt a
Resolution declaring a Homelessness State of Emergency in response to an ongoing
statewide and regional homelessness crisis.
On May 17, 2023, the Mayor and City Council approved the City’s Homelessness State
of Emergency Implementation Plan, which outlined the need for emergency and interim
shelter as most of the City’s existing shelters are at or near full capacity.
On July 19, 2023, the Mayor and City Council approved an Amendment to Permanent
Local Housing Allocation Funds to assist individuals experiencing homelessness.
On August 16, 2023, the Mayor and City Council approved a Substantial Amendment
to Fiscal Year 2020-2021 Annual Action Plan associated with Community Development
Block Grant Coronavirus Relief (CDBG-CV) funds to support interim shelter activities.
On December 6, 2023, the Mayor and City Council approved a Motel Voucher Program
and authorized several Professional Service Agreements with motel operators to
provide interim shelter.
On December 6, 2023, Council directed staff to locate additional local motel operators
as motels outside of city limits was not favored.
Discussion
On December 6th, Council approved a Motel Voucher Program designed to
temporarily house homeless individuals and families, while providing supportive
services. The Motel Voucher Program will be used to support the City’s clean-up
efforts and will be managed by the City’s Homeless Outreach Team. Initially, the City
released a Request for Proposal on September 11, 2023, in search of motel
operators willing to participate in the City’s Motel Voucher Program. Four (4) motel
owners submitted proposals to participate in the program, but two (2) of the motel
establishments were located outside city limits. Council directed staff to expand its
search for local motel operators as the use of motels in other cities was not favored.
On December 6th, the City released an expedited Request for Proposal (RFP) in
search of additional, local motel operators. The RFP closed December 22,2023 with
three (3) submissions. The City selected Anand Patel which owns and operates three
(3) motels within city limits and is willing to provide 100 rooms for the City’s Motel
Voucher Program. Should Council approve the Professional Service Agreement
(PSA) with Anand Patel, the City’s Motel Voucher Program will have access to 131
motel rooms and 201 beds. Although the City only needs 200 beds to meet its
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current threshold capacity, the 2024 Point in Time Count (PITC) is approaching and it
is highly probable that the number of unsheltered individuals will increase, thereby
increasing the City’s shelter-bed threshold requirement.
Anand Patel will provide the City access to the following motel establishments:
Motel & Address
Single
Occupancy
Rooms
Double
Occupancy
Rooms
# of
Rooms
Total
# of
Beds
Studio 6 Suites
607 West 5th Street
San Bernardino, CA 92410
17 10 27 37
Rodeway Inn
2042 W. Valey Blvd.
Colton, CA 92324
20 20 40 60
Motel 6 North
1960 Ostrems Way
San Bernardino, CA 92407
0 40 40 80
Total: 37 70 107 177
Motel vouchers can be issued to individuals or families anywhere from one (1) day up
to twenty-eight (28) days. The length of a motel stay will be determined on a case-by-
case basis by the City’s outreach team. Motel voucher participants must participate in
case management services. At times, it may be necessary to extend a person’s motel
stay beyond twenty-eight days. The (28) day limit is due to situations when a person
has secured some form of housing, but the individual needs a place to stay until their
housing unit is ready for move-in, which could be in a few days or weeks. In cases like
this, a homeless outreach worker can petition the City’s Housing Division for a motel
stay extension. The Homeless Outreach Team will need to submit a written statement
explaining the nature of the extended stay request along with verifiable documentation.
An additional 3 days can be granted by the Deputy Director of Housing and
Homelessness, extensions beyond 3 days will require authorization from the Director
of Community, Housing, and Economic Development.
Program Cost
The PSA cost with Anand Patel is not to exceed $2,751,840. Initially, the City had
$3,044,280 to cover the Motel Voucher Program, but after two, non-local vendors
providing a total of 60 rooms were replaced with one local vendor able to provide 107
rooms there was an increase in cost. The new total for 12 months of motel service is
$3,356,640, which is a cost difference of $312,360. To help fill the financial gap, staff
are seeking Council’s permission to reallocate $327,591 in unspent 2019 PLHA
funds, which are at risk of being clawed-back by the State as of March 1, 2024.
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•$19,406 unspent from Lutheran Social Services and Mary’s Mercy Center for
homeless related activities.
•$308,185 unspent from unallocated to affordable housing activities
The unspent 2019 PLHA funds are at risk of claw-back by the State effective March
1, 2024, if not reprogrammed. As a result, the financial gap for the Motel Voucher
Program will be filled with reallocated PLHA dollars.
2021-2025 Strategic Targets and Goals
Expanding shelter bed capacity via a City sponsored Motel Voucher Program aligns
with the City’s Homelessness State of Emergency Declaration and with Strategic
Targets and Goal No. 3: Improved Quality of Life, which will help to increase access to
mental health and substance abuse treatment, eliminate street encampments,
promote housing stability, and enhance safety and hygiene for neighborhood
residents, businesses, and tourists.
Fiscal Impact
There is no fiscal impact to the General Fund. Staff can utilize unspent Permanent
Local Housing Allocation (PLHA) funds to fill financial gaps.
Conclusion
It is Recommended that the Mayor and City Council of San Bernardino, California
4. Approve the Professional Service Agreement with Anand Patel (Pa-An, Inc.,
Namaste Sitiye Inc., and SB Hotel North LLC) for the provision of motel rooms
ranging from 55 rooms (minimum) to 121 rooms (maximum) for a total amount
not to exceed $2,751,840 and for a term beginning March 11, 2024, through
March 10, 2025; and
5. Reallocate unspent Permanent Local Housing Allocation (PLHA) funds to the
Motel Voucher Program in the amount of $327,591; and
6. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents as necessary to effectuate the
implementation of the Motel Voucher Program.
Attachments
Attachment 1 PSA SB Motel North LLC (Motel 6 North)
Attachment 2 PSA Namaste Sitiye Inc. (Rodeway Inn)
Attachment 3 PSA Pa-An Inc. (Studio 6 Suites)
Ward:
All Wards
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Synopsis of Previous Council Actions:
August 4, 2021 Mayor and City Council received a report and discussed the
allocation of ARPA Funds.
December 7, 2022 Mayor and City Council approved a Homelessness Solutions
Action Plan, and $24.5 million in ARPA funds to help mitigate
homelessness.
February 1. 2023 Mayor and City Council declared a Homelessness State of
Emergency.
May 17, 2023 Mayor and City Council approved a Homelessness State of
Emergency Implementation Plan.
July 19, 2023 Mayor and City Council approved an Amendment to
Permanent Local Housing Allocation Funds to assist
individuals experiencing homelessness.
August 13, 2023 Mayor and City Council approved a Substantial Amendment
to FY2020-2021 Annual Action Plan associated with
Community Development Block Grant Coronavirus Relief
Funds to support interim shelter activities.
December 6, 2023 Mayor and City Council approved a Motel Voucher Program
and authorized Professional Service Agreements with motel
operators to provide interim shelter.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND SB HOTEL NORTH LLC
This Agreement is made and entered into as of MARCH 20, 2024, by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower,
290 North D Street, San Bernardino, CA 92401 (“City”), and SB HOTEL NORTH LLC
(MOTEL 6) with its principal place of business at 1960 OSTREMS WAY, SAN
BERNARDINO, CA 92407 (hereinafter referred to as “Owners”). City and Owners are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
1. In compliance with the Homelessness State of Emergency, which was
declared on February 1, 2023, the City is taking progressive steps to
mitigate homelessness.
2. Because the shelters in the City of San Bernardino are at full capacity, the
City has negotiated the use of up to 75 hotel/motel rooms from the Owner.
Hotel/Motel units will exclusively be used by the City’s Homeless Outreach
Team, Hope the Mission (hereinafter referred to as the “Authorized Service
Provider” and “HTM”). All referrals will come directly from the City’s
Authorized Service Provider, who will verify and provide homeless
certification for each participant referred to a motel for interim shelter.
3. The interim shelter will be utilized while the City constructs its navigation
center, which is estimated to take 10-12 months.
4. The goal of the interim shelter is to reduce the loss of life for unhoused
residents, increase access to mental health and substance abuse
treatment, eliminate street encampments, and enhance the safety and
hygiene of neighborhoods and parks for all residents, businesses, and
neighbors. Services will be low-barrier, trauma-informed, and data driven,
and must remain flexible to support the needs of individuals receiving
services, as well as to accommodate the limits of available local funds.
5. The City is a public agency of the State of California and is in need of
hospitality services for the following project:
Hotel/Motel Voucher Program (hereinafter referred to as “the
Project”). Participants of the City’s Hotel/Motel Voucher Program are to be
treated as any other hotel/motel customer and receive the same level of
standard amenities as any guest including clean linen and towels upon
request. As such, the hotel/motel owner(s) or designee (i.e., property
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manager) has the right to refuse service or to discharge a participant for
unlawful or unruly behavior that violates motel policy.
6. Owners are duly licensed and have the necessary qualifications to provide
such services.
7. The Parties desire by this Agreement to establish the terms for the City to
retain hotel/motel units and services provided by the Owner described
herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Owner shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “1” and incorporated herein by this
reference. Owner owns and operates a hotel/motel facility under the business name SB
Motel North LLC (Motel 6) located at 1960 Ostrems Way, San Bernardino, CA 92407.
Owner grants the City and its Authorized Service Provider the ability to rent rooms in
Owner’s Hotel/motel for interim shelter as outlined in the “Rate Schedule” specified in
Exhibit “B” of Exhibit 1. After an initial assessment, the Authorized Service Provider will:
A. Certify the person(s) are homeless in the City of San Bernardino by any form
listed below:
1. Visual Contact In the field by the Contracted City outreach team, PD,
Code Enforcement, Public Works, or the Homeless Service
Coordinator.
2. Self-certification with document proof with ties to the City.
B. Create a screening to give priority to the elderly, families with children, and the
disabled. (will be done by the City outreach team)
C. Establish homeless certification and document properly in HMIS (will be done
by the City outreach team)
D. Develop Forms for the hotel/motel voucher process that are not easily
duplicated.
The client will bring in the form to the Hotel/motel to claim a room, within 24 hours
of receipt of the Voucher. The Hotel/motel management and HTM will always have a point
of contact for any issues that may arise during check-in or the client’s stay.
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2.1. General Grant. Owner grants the City and its Authorized Service
Providers to enter and use the Hotel/motel as described in Exhibit 1 to this
Agreement. City shall use the Hotel/motel solely for the purposes specified in
Exhibit 1 of this Agreement and for such lawful purposes as may be directly
incidental thereto.
2.2. Condition of Premises. Owner has inspected the Hotel/motel and
warrants that the physical condition and the property is suitable for Hotel/motel
voucher referrals. Owner further warrants that the Hotel/motel is free from latent
defects and presence of hazardous materials. Owner further warrants that Owner
has the authority to enter into this Agreement and that there are no unknown
conflicts regarding title to the Hotel/motel. Additionally, Owner warrants that there
are no pending or threatened legal, administrative, arbitral or other proceedings,
claims, actions or governmental or regulatory investigations of any kind or nature
whatsoever pertaining to the Hotel/motel.
2.3. Eviction, Abandonment or Sale. In the case of the eviction of a
participant of the Project by anyone owning or obtaining title to the premises on
which the Hotel/motel is located, or the sale or abandonment by Owner of said
premises, Owner shall be liable to City for any damage of any nature whatsoever
or to refund any payment made by City to Owner hereunder, including the
proportionate part of any recurring rental charge which may have been paid
hereunder in advance.
3. Professional Practices. All professional services to be provided by Owner
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Owner warrants that Owner is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Owner’s
performance of this Agreement. Owner further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
in accordance with the Rates Schedule set forth in Exhibit “B” of Exhibit 1 and
incorporated herein by this reference.
b. In no event shall the total amount paid for services rendered by
Owner under this Agreement exceed the sum of $1,075,200. This amount is to cover all
related costs, and the City will not pay any additional fees for printing expenses. Invoicing
shall occur as provided in Section 1.9 of Exhibit 1.
c. No expense reimbursements, including, but not limited to,
reimbursements for travel, parking, lodging, and/or meals shall be paid to Owner unless
such expense reimbursements: (i) are specifically provided for and described by nature
and type in Exhibit “B”, below; (ii) appear on Owner’s monthly invoices to City; (iii) are
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supported by the appropriate receipts and other such documentation as the City shall
require; and (iv) are directly related to the Scope of Services to be performed under this
Agreement. In addition, any and all reimbursements shall be made in accordance with
any City policy governing same.
5. Additional Work. If changes in the work seem merited by Owner or the City,
and informal consultations with the other party indicate that a change is warranted, it shall
be processed in the following manner: a letter outlining the changes shall be forwarded
to the City by Owner with a statement of estimated changes in fee or time schedule. An
amendment to this Agreement shall be prepared by the City and executed by both Parties
before performance of such services, or the City will not be required to pay for the
changes in the scope of work. Such amendment shall not render ineffective or invalidate
unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Owner in writing. Annual increases shall not exceed the
percentage change in the Consumer Price Index- All urban consumers, All Items - (Series
ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12)
month period January through January immediately preceding the adjustments and be
subject to City’s sole discretion and approval (if needed) for budget funding by the City
Council.
6. Term. The Term of this Agreement is as provided in Section 1.7 of Exhibit
1.
7. Maintenance of Records; Audits.
a. Records of Owner’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Owner and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Owner shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Owner shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Owner shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
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include a Force Majeure Event. A Force Majeure Event shall mean an event that
materially affects the Owner’s performance and is one or more of the following: (1) Acts
of God or other natural disasters occurring at the project site; (2) terrorism or other acts
of a public enemy; (3) orders of governmental authorities (including, without limitation,
unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Owner to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Owner shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Owner shall assist the City, as requested, in obtaining
and maintaining all permits required of Owner by federal, state and local regulatory
agencies.
c. If applicable, Owner is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Owner’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with
the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Owner’s performance shall conform in all material
respects to the requirements of the Scope of Work, attached hereto as Exhibit “1” and
incorporated herein by this reference.
12. Conflicts of Interest. During the term of this Agreement, Owner shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate. Owner shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration
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certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all
other licenses, permits, qualifications, insurance, and approvals of whatever nature that
are legally required of Owner to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Owner shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or
so transfer without such consent shall be void and without legal effect and shall constitute
grounds for termination. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Owner from employing independent associates and subconsultants as Owner
may deem appropriate to assist in the performance of services hereunder.
15. Independent Owner. Owner is retained as an independent contractor and
is not an employee of City. No employee or agent of Owner shall become an employee
of City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
Any personnel performing the work governed by this Agreement on behalf of Owner shall
at all times be under Owner’s exclusive direction and control. Owner shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance
under this Agreement and as required by law. Owner shall be responsible for all reports
and obligations respecting such personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers’ compensation
insurance.
16. Insurance. Owner shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section.
In addition, Owner shall not allow any subcontractor to commence work on any
subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Owner’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Owner shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
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Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Owner shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form
and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Owner certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Owner has employees at any time during the
term of this Agreement, at all times during the performance of the work under this
Agreement, the Owner shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Owner shall require all subconsultants to
obtain and maintain, for the period required by this Agreement, workers’ compensation
coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Owner
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an
amount indicated herein. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Owner. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and
must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Owner
shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system
breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of
malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
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Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $250,000 per occurrence and aggregate
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Owner shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualified
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Owner shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Owner shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled
or expires during the term of this Agreement, the Owner shall deliver renewal
certificate(s) including the General Liability Additional Insured Endorsement to the City
at least ten (10) days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Owner’s policy is primary insurance and
that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Owner shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Owner shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy
with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, independent contractors,
subcontractors, and volunteers or shall specifically allow Owner or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Owner hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants. Each policy of insurance shall be endorsed to reflect such waiver.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Owner from liability in excess of such coverage, nor shall it limit the Owner’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Owner, and any approval of said insurance by
the City, is not intended to and shall not in any manner limit or qualify the liabilities and
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obligations otherwise assumed by the Owner pursuant to this Agreement, including, but
not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by Owner
or City will withhold amounts sufficient to pay premium from Owner payments. In the
alternative, City may cancel this Agreement.
(iii) The City may require the Owner to provide complete copies
of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
l. Subconsultant Insurance Requirements. Owner shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required
under this section. Policies of commercial general liability insurance provided by such
subcontractors or subconsultants shall be endorsed to name the City as an additional
insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same
coverage. If requested by Owner, City may approve different scopes or minimum limits
of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Owner shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Owner, its officials, officers,
employees, subcontractors, Owners or agents in connection with the performance of the
Owner’s services, the Project, or this Agreement, including without limitation the payment
of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Owner's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, the City Council, members of the City
Council, its employees, or authorized volunteers. Owner’s indemnification obligation shall
survive the expiration or earlier termination of this Agreement.
b. If Owner’s obligation to defend, indemnify, and/or hold harmless
arises out of Owner’s performance as a “design professional” (as that term is defined
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under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Owner’s indemnification obligation shall
be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Owner in the performance of the
services or this Agreement, and, upon Owner obtaining a final adjudication by a court of
competent jurisdiction, Owner’s liability for such claim, including the cost to defend, shall
not exceed the Owner’s proportionate percentage of fault.
18. California Labor Code Requirements. Owner is aware of the requirements
of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California
Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements
on certain “public works” and “maintenance” projects. If the Services are being performed
as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, Owner agrees to fully comply with such Prevailing Wage Laws, if
applicable. Owner shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It shall be mandatory upon the Owner and all subcontractors to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages
(Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code
Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours
of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1).
19. Verification of Employment Eligibility. By executing this Agreement, Owner
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and
shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving thirty (30) calendar days’ written notice to Owner.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Owner the reasonable value of services rendered for any portion of the work completed
prior to termination. If said termination occurs prior to completion of any task for the
Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
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amount mutually agreed to by City and Owner of the portion of such task completed but
not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Owner shall not be entitled to
payment for unperformed services, and shall not be entitled to damages or compensation
for termination of work.
b. Owner may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement
through no fault of Owner.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Owner shall be responsible for its work and results
under this Agreement. Owner, when requested, shall furnish clarification and/or
explanation as may be required by the City’s representative, regarding any services
rendered under this Agreement at no additional cost to City. In the event that an error or
omission attributable to Owner’s professional services occurs, Owner shall, at no cost to
City, provide all other services necessary to rectify and correct the matter to the sole
satisfaction of the City and to participate in any meeting required with regard to the
correction.
24. Prohibited Employment. Owner shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
the property of the City.
27. Organization. Owner shall assign someone to act as a Primary contact to
engage with the City during the City’s Voucher Program. The Primary Contact shall not
be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
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29. Notice. Notice must comply with Section 1.10 of Exhibit 1.
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Owner.
31. Equal Opportunity Employment. Owner represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “1,” represents the
entire understanding of City and Owner as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises, or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Owner shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
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or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Owners. City reserves its right to employ other
Owners, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Owner maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Owner, to solicit or secure this Agreement. Further, Owner warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Owner, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no official, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
44. Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus
Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal
Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this
Agreement. As applicable, Owner shall comply with all federal requirements including,
but not limited to, the following, all of which are expressly incorporated herein by
reference:
44.1 Sections 602 and 603 of the Social Security Act as added by Section
9901 of the American Rescue Plan Act of 2021 (the “Act”);
44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
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44.3 Treasury Compliance and Reporting Guidance for the Act;
44.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, other than such provisions as the
U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program
and subject to such exceptions as may be otherwise provided by the U.S. Department of
the Treasury;
44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and
Conditions; and
44.6 Federal contract provisions attached hereto as Exhibit “2” and
incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the
provisions stipulated in this Agreement. With respect to any conflict between such
federal requirements and the terms of this Agreement and/or the provisions of state law
and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND SB HOTEL NORTH LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
Date:
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
SB HOTEL NORTH LLC
Signature
Name
Title
Date:
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Exhibit 1
Scope of Work/Lease Option
Bridge to Placement Scope of work
1.1 Hotel/Motel Facility. Owner represents that it owns and operates the motel facility
under the name SB Hotel North LLC (Motel 6) located at 1960 Ostrems Way, San
Bernardino, CA 92407 (“Hotel”). Owner represents that its ownership and operation of the
Hotel is in full compliance with all federal, state, and local laws, and shall so remain
throughout the entire term of this Agreement without interruption. The owner should
provide the same level of maintenance on all shelter rooms as he would provide to any
guest. All utilities and internet shall be covered and not a additional charge to shelter
operator.
1.2 Authorized Service Providers. The homeless-service providers listed in Exhibit A to
this Exhibit 1 shall be referred to herein as “Authorized Service Providers.” City reserves
the right to revise the listed Authorized Service Providers (e.g., adding or deleting
homeless-service providers) by providing notice of such revision in writing.
Employees/agents of Authorized Service Providers, and only such persons, are hereby
authorized and shall have the right to request the lodging of persons being housed
pursuant to the Bridge to Placement (“Bridge to Placement”), check-in such participants
into the Hotel (subject to guest-room availability), incur room-rate charges payable by City
pursuant to this Agreement, and enter and use the Hotel as provided for in this
Agreement.
1.3 Check-in Procedures for Bridge To Placement Participants. Before checking-in a
Bridge to Placement Participant, the Owner shall ensure that an employee/agent of an
Authorized Service Provider is present at the Hotel to check-in such participant, and
Owner shall verify the employee/agent’s affiliation with the Authorized Service Provider
by requesting sufficient identification and documentation. Owner shall not require
identification from a Bridge to Placement Participant for any purpose, including check-in
or access to the Hotel. In addition to the name of the Bridge to Placement Participant
being checked-in, Owner shall document the name and contact information of the
Authorized Service Provider. Before check-in, Owner shall ensure that the
employee/agent of the Authorized Service Provider inspects, photographs, and
documents the condition of the guest room to be occupied by the Bridge to Placement, in
addition to the common area in the vicinity of such guest room. Notwithstanding anything
to the contrary herein, City shall have no liability or obligation, including without limitation
for the payment of room rates or any damages, for Hotel guests that were not physically
accompanied by an employee/agent of an Authorized Service Provider at check-in or if
Owner does not comply with the provisions of this Section 1.3.
1.4 Check-out of Bridge to Placement Participant. Before checking-out a Bridge to
Placement Participant, Owner shall ensure that an employee/agent of the Authorized
Service Provider that previously checked-in the participant is present at the Hotel to
check-out the participant, and Owner shall verify the employee/agent’s affiliation with the
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Authorized Service Provider by requesting sufficient identification and documentation.
Before check-out, Owner shall ensure that the employee/agent of the Authorized Service
Provider inspects, photographs, and documents the condition of the guest room
previously occupied by a Bridge to Placement Participant, in addition to the common area
in the vicinity of such guest room. If any Bridge to Placement Participant attempts to
check-out of the Hotel without being accompanied by an employee/agent of the
Authorized Service Provider that checked-in the participant, Owner shall immediately
notify the Authorized Service Provider and allow sufficient time, but in no event less than
twenty-four (24) hours, to permit an employee/agent of the Authorized Service Provider
to inspect, photograph, and document the condition of the guest room previously
occupied by the participant, in addition to the common area in the vicinity of such guest
room. Notwithstanding anything to the contrary herein, City shall have no liability or
obligation for the payment of any damages to Hotel property if Owner does not fully
comply with the provisions of this Section 1.4.
1.5. Access to and Use of Hotel by Authorized Service Providers.
Employees/agents of Authorized Service Providers, at City’s sole cost and expense, shall
have the right to book and occupy up to two (2) guest rooms at the Hotel for their own
use at any time during the Term of this Agreement. In the event the Authorized Service
Providers have not already exercised their right to book and occupy the two (2) guest
rooms and the Hotel is approaching full occupancy (approaching full occupancy means
90% occupancy or greater), Owner shall notify the Authorized Service Providers 72 hours
in advance and the Authorized Service Providers shall thereafter have 48 hours to notify
Owner that it will exercise the rights granted in this section. Owner acknowledges and
agrees that such rooms will be used primarily for office and administrative purposes in
connection with the Bridge to Placement Initiative and some furniture may be rearranged
accordingly. Authorized Service Providers shall also have the right to have personnel
onsite in any room reserved/leased by the Authorized Service Providers and in common
areas at the Hotel around-the-clock to provide oversight, security, and monitoring of
Bridge to Placement Participants staying at the Hotel.
1.6. Daily Room Rate. The all-inclusive daily room rate for City guests are identified in
Exhibit B. Under no circumstance shall Owner require, request, or receive payment of
any additional or separate amount from Authorized Service Providers or Bridge to
Placement Participants. Owner shall provide replacement guest-room keys to Bridge to
Placement Participants and employees/agents of Authorized Service Providers at
Owner’s sole cost and expense. City and Owner represent and agree that neither Party
shall receive any form of payment or other consideration, whether monetary or in-kind,
from Bridge to Placement Participants for access to or use of guest rooms, or for any
other reason or purpose. City shall not be responsible for the payment of room-rate
charges incurred by any Hotel guest other than Bridge to Placement Participants or
employees/agents of Authorized Service Providers whose occupancy at the Hotel fully
complies with each and every provision of this Agreement.
1.7. Term. The term of this Agreement (“Term”) shall commence on the date on which
the City Clerk of San Bernardino attests this Agreement and shall expire twelve (12)
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months thereafter unless the term is extended or terminated earlier pursuant to provisions
of this Agreement. City shall have one (1) option to extend the Term for a period of six (6)
months, commencing on the first day following the expiration of the Term. In order to
exercise the option, City must give written notice to Owner of such exercise no later than
thirty (30) days before the expiration of the Term. Notwithstanding any other provision
herein, City shall have the unilateral right to terminate this Agreement at any time for any
or no reason upon thirty (30) days’ written notice to Owner. City shall have no obligation
to pay for any charges incurred after this Agreement's expiration or termination. Expiration
or termination of this Agreement shall have no effect on City’s obligation to pay for
charges properly incurred during the Term hereof.
1.8. Holdover. In the event a Bridge to Placement Participant or employee/agent of an
Authorized Service Provider continues to occupy a guest room after the expiration of the
Term, including any extensions thereof, this Agreement shall be automatically extended
on a month-to-month basis subject to the terms and conditions in effect immediately
before the Term’s expiration. The month-to-month holdover shall continue until either
Party gives the other thirty (30) days’ prior written notice of its intention to terminate such
holdover.
1.9. Invoices. On a Monthly basis (), the Owner shall provide City with an invoice, along
with all supporting documents therefore, using the “Bridge to Placement Cover Sheet”
attached hereto as Exhibit C (as amended by City from time to time). Such invoice shall
be provided to City as an attachment to an email sent to housing@sbcity.org. Invoices
shall specify each guest room occupied by a participant of the bridge to placement
program. Guest Name, the check-in date of the guest, the number of days the room was
occupied thereby, Check-out date and the total amount of charges owed by City based
on the all-inclusive daily room rate set forth in Section 1.6. City shall pay such properly
detailed and supported invoices in arrears within forty-five (45) days from receipt thereof.
City’s obligation to pay such invoices is contingent on Owner providing City with all
information and documents necessary to process the invoices. Upon request, Owner shall
make available for inspection and copying all records and documents pertaining to this
Agreement, including without limitation invoices submitted and payments received. All
guest confirmation will be cross-referenced with providers master log of participants, to
verify the charge is from an enrolled participant/s of the shelter.
1.10. Notices. All notices and demands permitted or required to be given by either Party
to the other under this Agreement shall be in writing. Such notices and demands shall be
(a) personally delivered (including by means of professional messenger service); (b) sent
by United States Postal Service (“USPS”) registered or certified mail, postage prepaid,
return receipt requested; (c) sent by an alternate commercial overnight delivery service
(e.g., FedEx or UPS) with receiver’s signature required; or (d) sent by email, along with a
hard copy concurrently sent by means of USPS registered/certified mail or an alternate
commercial overnight delivery service. All notices and demands are effective upon
receipt. The Hotel’s name and physical address shall be included in all notices and
demands. All notices and demands shall be addressed as follows:
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To City:
City of San Bernardino
Housing and Homeless
Attention: Housing Department (Homeless Coordinator)
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Mail: 290 North D Street
San Bernardino, CA 92401
Email: housing@sbcity.org
Motel 6 North
Attention: Andy Patel
1960 Ostrems Way
San Bernardino, CA 92406
Email: Andypatel909@gmail.com
1.11. Services, Utilities, and Supplies to be Furnished by Owner. Owner, at its sole
cost and expense, shall perform standard hotel services, including, without limitation the
following:
1.11.1. Keep and maintain the Hotel in good condition and repair, including without
limitation lighting fixtures, electrical systems, plumbing fixtures and systems,
HVAC filters and systems, mechanical systems, smoke detectors, elevators (if
any), and fire alarms, extinguishers, and sprinklers. Owner shall immediately notify
the Authorized Service Provider if there are any issues with the aforementioned
room conditions by providing notice as specified in section 1.10.
1.11.2. Furnish all standard utilities, including without limitation water (both hot and
cold), electricity, gas (if applicable), trash-disposal, and sewer services.
1.11.3. Perform standard housekeeping and custodial services (e.g., vacuuming
floors, dusting surfaces, cleaning bathrooms, and replacing toiletries) to guest
rooms occupied by Bridge to Placement Participants in accordance with the Hotel’s
standard practices, but in no event less than every three (3) days.
1.11.4. Provide fresh linens (e.g., bed sheets and bath towels) to guest rooms
occupied by Bridge To Placement Participants in accordance with the Hotel’s
standard practices, but in no event less than every three (3) days.
1.11.5. Maintain and repair guest-room furniture, fixtures, and equipment (e.g.,
beds, televisions, and refrigerators) that the Hotel typically provides to guests in its
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regular course of business. To the fullest extent made available, offered, or
furnished to other guests in the Hotel’s ordinary course of business, Owner shall
provide City guests with the following items, amenities, and services at no charge,
irrespective of whether Owner ordinarily charges therefor: (a) use of parking
spaces designated for Hotel guests twenty-four (24) hours a day, seven (7) days
a week; (b) access to basic cable television; (c) use of wireless internet services;
(d) keeping of pets in guest rooms; and (e) use of guest-room appliances (e.g.,
refrigerators and microwaves). Except those listed in the preceding sentence,
Owner shall not make available, offer, or furnish to City guests any item, amenity,
or service for which the Hotel charges amounts beyond those included in room
rates, including without limitation food, drinks, pay-per-view television, and room
service. Owner shall coordinate with the employee/agent of the Authorized Service
Provider checking-in a Bridge to Placement Participant to ensure that all such
items, amenities, and services are disabled, blocked, or removed from the guest
room before occupancy by a City guest. Under no circumstance shall City be
obligated to pay for any such additional charges, and Owner agrees not to charge
City for such services to the extent that the Owner provides them.
1.12. Prohibited Participant Conduct. Owner shall immediately alert the Authorized
Service Provider that checked-in a Bridge to Placement Participant (followed by written
notice to City) should the Owner determine that a Bridge to Placement Participant is doing
any of the following at the Motel:
1.12.1. Engaging in any illegal activity, including without limitation the use,
purchase, or sale of illegal drugs;
1.12.2. Damaging Hotel property;
1.12.3. Harassing or threatening Hotel staff, guests, or visitors, including without
limitation other Bridge to Placement Participants; or
1.12.4. Unreasonably interfering with Hotel staffs’ ability to perform standard hotel
services, including without limitation those specified in Section 1.11.
1.12.5 The Motel room is provided for the Participant(s), and only the approved
participant(s) will be allowed to stay in or occupy the motel room. Unapproved
guests found in the room will result in immediate removal of the guest.
1.13. No Recovery for Incidental Damages or Lost Profits. Neither Party shall be liable
for incidental, consequential, special, or indirect damages of any kind, including without
limitation loss of business, revenue, profits, reputation, or good will arising from or relating
to this Agreement. Irrespective of categorization (e.g., direct versus indirect), neither Party
shall be liable for loss of business, revenue, profits, reputation, or good will arising from
or relating to this Agreement.
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2.0 Post-occupancy Condition of Guest Rooms. At the conclusion of occupancy by a
City guest, the City shall deliver the guest room occupied by the participant in good order
and
condition as when received, except for the following:
(a) reasonable wear-and-tear;
(b) damages resulting from fire, earthquake, or other casualty;
(c) damages resulting from circumstances over which City or its officers,
employees, agents, contractors, or subcontractors had no control;
(d) damages caused by the acts, omissions, or conduct of Owner or its officers,
employees, agents, contractors, or subcontractors; or
(e) damages caused by the act, omissions, or conduct of third parties that are
unaffiliated with City or the Bridge to Placement Initiative.
All other damages to the Hotel caused by City or Bridge to Placement Participants shall
be repaired by Owner at City’s sole cost and expense pursuant to the terms and
conditions set forth in Section 2.1 and Section 2.2
2.1. Restoration of Premises. Subject to the exceptions set forth in Section 2.0 and
the limitations set forth in Section 2.2, City shall reimburse Owner for all costs and
expenses actually incurred and paid by Owner for restoration of the Hotel necessitated
by damages caused by City, its officers, employees, agents, contractors, or
subcontractors, or Bridge to Placement Participants. All restoration costs and expenses
shall be preapproved by City based on reasonable commercial-standard estimates. City
shall have the right to inspect the damaged property, verify to City’s satisfaction the cause
of such damage, and evaluate the reasonableness of the scope and dollar amount of the
proposed restoration. City shall not unreasonably delay, condition, or withhold its
preapproval. City shall have no obligation to reimburse Owner for costs and expenses
incurred without City’s preapproval. Owner’s failure to comply with the requirements set
forth in Section 1.3 (Check-in of Bridge to Placement) or Section 1.4 (Check-out of Bridge
to Placement Participants)—including without limitation Owner’s obligation to ensure that
employees/agents of Authorized Service Providers inspect, photograph, and document
the condition of guest rooms, in addition to the common area in the vicinity of such guest
rooms, at both check-in and check-out—shall relieve City of any obligation to reimburse
Owner for the proposed restoration under this Agreement or otherwise.
2.2 Avoidable Damages Not Recoverable. Notwithstanding anything to the contrary in
this Agreement or elsewhere, City shall have no obligation for the payment of any
damage, loss, injury, cost, or expense putatively caused by a Bridge to Placement
Participant if such damage, loss, injury, cost, or expense could have been avoided
altogether or mitigated to any extent through the Owner’s exercise of due care and its
compliance with the provisions of this Agreement, including without limitation Section 1.11
(Services, Utilities, and Supplies to be Furnished by Owner) and Section 1.12 (Prohibited
Participant Conduct).
2.3 Specific Performance. The Parties agree that City’s primary purpose and interest in
entering into this Agreement is to secure interim housing for persons experiencing
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homelessness. Accordingly, in any legal action for breach of this Agreement, City shall
have the right to pursue the remedy of specific performance, in addition to all other
remedies at law or equity. In the event of any action wherein the City seeks specific
performance of this Agreement, Owner shall waive the defense that a remedy at law
would be adequate.
2.4. Quiet Enjoyment. While keeping and performing covenants of this Agreement,
City shall peaceably and quietly hold and enjoy guest rooms occupied by Bridge to
Placement Participants without hindrance or interruption by Owner or any other persons
claiming by or under Owner (subject to any relevant provisions set forth in this
Agreement).
2.5. Casualty and Destruction. If fire, earthquake, or other casualty results in the total
destruction of the Hotel, this Agreement shall terminate automatically. If such casualty
renders ten percent (10%) or less of the Hotel unusable for the intended use, Owner shall
restore the premises as quickly as reasonably possible, but in any event within thirty (30)
days. If such casualty renders more than ten percent (10%) of the Hotel unusable but
does not constitute total destruction, Owner shall forthwith give notice to City of the
specific number of days required to restore the premises. If Owner does not give notice
within fifteen (15) days after such partial destruction, or if the notice specifies that
restoration will require more than ninety (90) days to complete from the notice date, City
shall have the right to elect either to terminate or continue this Agreement at City’s sole
and absolute discretion.
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Exhibit A
List of Authorized providers
HOPE THE MISSION
Attention: Ken Craft, CEO
16641 Roscoe Place
North Hills, CA 91343
Hotel Liaison: Elisabel Castillo
Sr. Regional Director of Programs
Hope the Mission
PO Box 7609
Mission Hills, CA 91346
Office: (818) 392-0020
Cell: (818) 916-0781
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Exhibit B
Rates Schedule
Month
RATE
1
Single
Number
of Rooms
RATE 2
Double
Number of
Rooms
Daily
Rate
1
w/tax
Daily
Rate
1
w/tax
Daily Rate for
All Rooms Monthly Total Range Not to Exceed
1 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
2 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
3 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
4 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
5 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
6 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
7 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
8 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
9 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
10 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
11 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
12 70 0 80 40 0 3200 3200 $0.00 $89,600.00 $89,600.00
NOT TO EXCEED TOTAL ANNUAL AMOUNT:$1,075,200.00
FUNDING AWARDS:
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the
American Rescue Plan Act: $101,700
Coronavirus Aid, Relief, and Economic Security Act for the Community Development Block
Grant: $ 973,500
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Exhibit C
Payment Request Cover Sheet
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EXHIBIT 2
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Owner shall comply with all applicable federal laws
and regulations including, but not limited to, the federal contract provisions in this Exhibit “2”.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for
Breach; Termination for Cause/Convenience. The Contract Documents include remedies
for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this
Agreement meets the definition of a “federal assisted construction contract” in 41 CFR §
60-1.3, Owner agrees as follows during the performance of this Agreement:
(i) The Owner will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Owner will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Owner
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Owner will, in all solicitations or advertisements for employees
placed by or on behalf of the Owner, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(iii) The Owner will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to instances in
which an employee who has access to the compensation information of other employees
or applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the Owner's
legal duty to furnish information.
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(iv) The Owner will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives of the
Owner's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(v) The Owner will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(vi) The Owner will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Owner's noncompliance with the
nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or
orders, this Agreement may be canceled, terminated, or suspended in whole or in part
and the Owner may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Owner will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Owner will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event the Owner becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Owner may request the United States to enter into such
litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the City so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the Agreement.
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The City agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of the Owner and subcontractors
with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
City agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from
extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this
Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable
to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards
Act:
(i) Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours
in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (ii) of this section the Owner and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
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respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the Owner or subcontractor under any such contract or any
other Federal contract with the Owner, or any other federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the Owner, such
sums as may be determined to be necessary to satisfy any liabilities of Owner or
subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (iii) of this section.
(iv) Subcontracts. The Owner or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Owner shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this
Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract
or Agreement: If the Federal award meets the definition of “funding agreement” under 37
CFR § 401.2 (a) and the Owner wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or performance
of experimental, developmental, or research work under that “funding agreement,” the
Owner must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the
awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution
Control Act:
(i) Pursuant to the Clean Air Act, (1) Owner agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq., (2) Owner agrees to report each violation to the City
and understands and agrees that the City will, in turn, report each violation as required to
assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Owner agrees to include these requirements
in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Owner
agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Owner
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agrees to report each violation to the City and understands and agrees that the City will,
in turn, report each violation as required to assure notification to the Federal awarding
agency and the appropriate Environmental Protection Agency Regional Office, and (3)
Owner agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt. 3000. As such Owner is required to verify that none of the Owner,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R.
§ 180.935).
(ii) Owner must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by
City. If it is later determined that Owner did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(iv) Owner warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Owner also agrees
to verify that all subcontractors performing work under this Agreement are not debarred,
disqualified, or otherwise prohibited from participation in accordance with the
requirements above. Owner further agrees to notify the City in writing immediately if
Owner or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Owner shall comply with section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of
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recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Owner shall make
maximum use of products containing recovered materials that are EPA-designated items
unless the product cannot be acquired: competitively within a timeframe providing for
compliance with the contract performance schedule; meeting contract performance
requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-
designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Owner also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Owner shall not contract (or extend or renew a contract) to procure
or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system funded under this Agreement. As described in Public
Law 115–232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government
facilities, physical security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided
by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation
with the Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or otherwise
connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
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(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for
Procurement:
(i) Owner shall, to the greatest extent practicable, purchase, acquire, or
use goods, products, or materials produced in the United States (including but not limited
to iron, aluminum, steel, cement, and other manufactured products). The requirements of
this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction
materials composed in whole or in part of nonferrous metals such as aluminum; plastics
and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Owner shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps
to assure that minority firms, women’s business enterprises, and labor surplus area firms
are used when possible and will not be discriminated against on the grounds of race,
color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority business, and
women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority business, and women's business
enterprises; and
(v) Using the services/assistance of the Small Business Administration
(SBA), and the Minority Business Development Agency (MBDA) of the Department of
Commerce.
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(c) Owner shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Owner shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act,
Treasury’s regulations implementing that section, and guidance issued by Treasury
regarding the foregoing. Owner agrees to provide the City, Treasury Office of Inspector
General and the Government Accountability Office, or any of their authorized
representatives access to any books, documents, papers, and records (electronic an
otherwise) of the Owner which are directly pertinent to this Agreement for the purposes
of conducting audits or other investigations. Records shall be maintained by Owner for a
period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Owner agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to
section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.
Owner also agrees to comply with all other applicable federal statutes, regulations, and
executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2
C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180
and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated
by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.
Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
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(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting
Discrimination. Owner agrees to comply with statutes and regulations prohibiting
discrimination applicable to the CSLFRF program including, without limitation, the
following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)
and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or activities
receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794), which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101
et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial
assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
(d) False Statements. Owner understands that making false statements or
claims in connection with the CSLFRF program is a violation of federal law and may result
in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages
and penalties, debarment from participating in federal awards or contracts, and/or any
other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Owner may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of a
contract) or grant.
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(ii) The list of persons and entities referenced in the paragraph above
includes the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant
oversight or management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Owner, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order
13043, 62 FR 19217 (Apr. 18, 1997), Owner is encouraged to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles, and encourage its subcontractors to do the same.
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order
13513, 74 FR 51225 (Oct. 6, 2009), Owner should encourage its employees and
subcontractors to adopt and enforce policies that ban text messaging while driving, and
Owner should establish workplace safety policies to decrease accidents caused by
distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Owner ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial
of the benefits of, or subjection to discrimination under programs and activities receiving
federal funds, of any person in the United States on the ground of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury
Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as
Executive Order 13166; directives; circulars; policies; memoranda and/or guidance
documents.
(ii) Owner acknowledges that Executive Order 13166, “Improving
Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve
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access to federally assisted programs and activities for individuals who, because of
national origin, are limited in their English proficiency. Owner understands that the denial
of access to persons to its programs, services and activities because of their limited
proficiency in English is a form of national origin discrimination prohibited under Title VI
of the Civil Rights Act of 1964. Accordingly, Owner shall initiate reasonable steps, or
comply with Treasury’s directives, to ensure meaningful access to its programs, services
and activities to LEP persons. Owner understands and agrees that meaningful access
may entail providing language assistance services, including oral interpretation and
written translation where necessary to ensure effective communication in the Project.
(iii) Owner agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs,
services and activities. As a resource, the Department of the Treasury has published its
LEP guidance at 70 FR 6067. For more information on LEP, please visit
http://www.lep.gov.
(iv) Owner acknowledges and agrees that compliance with this
assurance constitutes a condition of continued receipt of federal financial assistance and
is binding upon Owner and Owner’s successors, transferees and assignees for the period
in which such assistance is provided.
(v) Owner agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Owner and the Owner’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented
by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also extends
protection to persons with “Limited English proficiency” in any program or activity receiving
federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the
Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this contract (or agreement).
(vi) Owner understands and agrees that if any real property or structure
is provided or improved with the aid of federal financial assistance by the Department of
the Treasury, this assurance obligates the Owner, or in the case of a subsequent transfer,
the transferee, for the period during which the real property or structure is used for a
purpose for which the federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits. If any personal property is provided,
this assurance obligates the Owner for the period during which it retains ownership or
possession of the property.
(vii) Owner shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations.
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Enforcement may include investigation, arbitration, mediation, litigation, and monitoring
of any settlement agreements that may result from these actions. Owner shall comply
with information requests, on-site compliance reviews, and reporting requirements.
(viii) Owner shall maintain a complaint log and inform the Department of
the Treasury of any accusations of discrimination on the grounds of race, color, or national
origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964
and implementing regulations and provide, upon request, a list of all such reviews or
proceedings based on the complaint, pending or completed, including outcome. Owner
must also inform the Department of the Treasury if Owner has received no complaints
under Title VI.
(ix) Owner must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Owner and the
administrative agency that made the finding. If the Owner settles a case or matter alleging
such discrimination, Owner must provide documentation of the settlement. If Owner has
not been the subject of any court or administrative agency finding of discrimination, please
so state.
(x) If Owner makes sub-awards to other agencies or other entities,
Owner is responsible for assuring that sub-recipients also comply with Title VI and all of
the applicable authorities covered in this assurance.
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EXHIBIT 3
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL
GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the
American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal
Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly
known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any
and all ARPA requirements in addition to any and all applicable County, State, and
Federal laws, regulations, policies, and procedures pertaining to the funding of this
Contract. The use of the funds must also adhere to official federal guidance issued or to
be issued on what constitutes a necessary expenditure. Any funds expended by
Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA
requirements shall be returned or repaid to the City or County. Any funds paid to
Contractor i) in excess of the amount to which Contractor is finally determined to be
authorized to retain; ii) that are determined to have been misused; or iii) that are
determined to be subject to a repayment obligation pursuant to section 603(e) of the Act
and have not been repaid, shall constitute a debt to the federal government. Contractor
agrees to comply with the requirements of section 603 of the Act, regulations adopted by
Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing.
Contractor shall provide for such compliance in any agreements with subcontractor(s).
Contractor agrees to comply with the following:
A.In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the
non-Federal Contractor should, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section
must be included in all subawards including all contracts and purchase orders for work
or products under this award. For purposes of this section: “Produced in the United
States” means, for iron and steel products, that all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States.
“Manufactured products” means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
B.In accordance with Title 2 C.F.R. Section 200.471, costs incurred for
telecommunications and video surveillance services or equipment such as phones,
internet, video surveillance, cloud servers are allowable except for the following
circumstances: Obligating or expending covered telecommunications and video
surveillance services or equipment or services (as described in Title 2 C.F.R. Section
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200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2)
Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the
equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i)
For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii)
Telecommunications or video surveillance services provided by such entities or using
such equipment; and (iii) Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in
consultation with the Director of the National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country. In
implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph (1), heads of executive agencies administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected
businesses, institutions and organizations as is reasonably necessary for those
affected entities to transition from covered communications equipment and services,
to procure replacement equipment and services, and to ensure that communications
service to users and customers is sustained.
C.A non-Federal Contractor that is a state agency or agency of a political subdivision of
a state and its contractors must comply with section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
D.Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal
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contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier
must also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
E.Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants
of amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).
F.Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must
comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by
the awarding agency.
G.Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708).
Where applicable, all contracts awarded by the non-Federal Contractor in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as
supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40
U.S.C. Section 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements
of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that
no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous to health or safety. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
H.Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of
Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance
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with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week. The non-Federal contractor must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal Contractor must report all
suspected or reported violations to the Federal awarding agency. The contracts must
also include a provision for compliance with the Copeland “Anti-Kickback” Act (18
U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of
Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled. The non-Federal contractor must report all suspected
or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay
their employees and workers a wage not less than the minimum wage for the work
classification as specified in both the Federal and California wage decisions. See
Section 3.10.6 “Prevailing Wages” for additional information regarding California
Prevailing Wage Rate Requirements and the applicable general prevailing wage
determinations which are on file with the City and are available to any interested
party on request. The higher of the two applicable wage determinations, either
California prevailing wage or Davis-Bacon Federal prevailing wage, will be
enforced for all applicable work/services under this Contract.
I.Contracts for more than the simplified acquisition threshold, which is the inflation
adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C.
Section 1908, must address administrative, contractual, or legal remedies in instances
where Contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
J.All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal Contractor including the manner by which it will be
effected and the basis for settlement.
K.Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R.
Part 60, all contracts that meet the definition of “federally assisted construction
contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause
provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order
11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing
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regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor.” The identified clause is below
and Contractor shall comply with the clause and all legal requirements and include the
equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined in the
regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid
for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a grant, contract,
loan, insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives
of the contractor's commitments under this section, and shall post copies of the
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notice in conspicuous places available to employees and applicants for
employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, That if the applicant so participating
is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing
compliance.
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The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may
take any or all of the following actions: Cancel, terminate, or suspend in whole or
in part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
L.Data Collection Requirements – Contractor agrees to collect pre-post data per City,
and United States Treasury guidelines and timeline, for project tracking and
monitoring and various reporting purposes. Data including, but not limited to:
Required Project Demographic Distribution Data; Required Performance Indicators
and Programmatic Data; Required Expenditure Report Data; and Required Program
Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and
reportable database - retrievable collective data that needs to be available to County,
State or Federal governments upon request.
M.Data Submission Requirements - Contractor agrees to furnish data to the City upon
request, per City, and United States Treasury guidelines and timeline, for project
tracking and monitoring and various reporting purposes. Data including, but not
limited to: Required Project Demographic Distribution Data; Required Performance
Indicators and Programmatic Data; Required Expenditure Report Data; Required
Program Evaluation Data. Contractor agrees to track and monitor data in a
quantifiable and reportable database - retrievable collective data that needs to be
available at request.
N.Project Progress Reporting - Contractor agrees to provide project timeline and
progress updates to the City upon request, per County, and United States Treasury
guidelines and timeline. Contractor agrees to routine and impromptu program and
project evaluation by the City.
O.Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control),
Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and
management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these
sections currently exist or may be amended. The use of funds must also adhere to
official federal guidance issued or to be issued on what constitutes an eligible
expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner
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that does not adhere to official federal guidance shall be returned to the County.
Contractor agrees to comply with all official guidance regarding the ARPA CLFRF.
Contractor also agree that as additional federal guidance becomes available, an
amendment to this Contract may become necessary. If an amendment is required,
Contractor agrees to promptly execute the Contract amendment.
P.Contractor shall retain documentation of all uses of the funds, including but not limited
to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section
200.334 (retention requirements for records). Such documentation shall be produced
to City upon request and may be subject to audit. Unless otherwise provided by
Federal or State law (whichever is the most restrictive), Contractor shall maintain all
documentation connected with its performance under this Contract for a minimum of
five (5) years from the date of the last payment made by City or until audit resolution
is achieved, whichever is later, and to make all such supporting information available
for inspection and audit by representatives of the City, the State or the United States
Government during normal business hours at Contractor. Copies will be made and
furnished by Contractor upon written request by City.
Q.Contractor shall establish and maintain an accounting system conforming to Generally
Accepted Accounting Principles (GAAP) to support Contractor’s requests for
reimbursement which segregate and accumulate costs of Contractor and produce
monthly reports which clearly identify reimbursable costs, matching fund costs (if
applicable), and other allowable expenditures by Contractor. Contractor shall provide
a monthly report of expenditures under this Contract no later than the 20th day of the
following month.
R.Contractor shall cooperate in having an audit completed by City, at City’s option and
expense. Any audit required by ARPA CLFRF and its regulation and United States
Treasury guidance will be completed by Contractor at Contractor’s expense.
S.Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is
determined by subsequent audit to be unallowable under the ARPA CLFRF within the
time period required by the ARPA CLFRF, but no later than one hundred twenty (120)
days of Contractor receiving notice of audit findings, which time shall include an
opportunity for Contractor to respond to and/or resolve the findings. Should the
findings not be otherwise resolved and Contractor fail to reimburse moneys due City
within one hundred twenty (120) days of audit findings, or within such other period as
may be agreed between both parties or required by the ARPA CLFRF, City reserves
the right to withhold future payments due Contractor from any source under City’s
control.
T.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable and subject to such exceptions as may be otherwise
provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act, shall apply.
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U.Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.
V.Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part
170.
W.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R.
Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19.
Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award
(see 2 C.F.R. Section 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement
Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part
1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
X.Recipient Integrity and Performance Matters, pursuant to which the award terms set
forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Y.Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z.New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. Sections 4601-4655) and implementing regulations.
BB.Applicable Federal environmental laws and regulations.
CC.Statutes and regulations prohibiting discrimination include, without limitation, the
following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and
Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.), which prohibits discrimination in housing on the basis
of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section
794), which prohibits discrimination on the basis of disability under any program
or activity receiving federal financial assistance.
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iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et
seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
Sections 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
DD.Contractor understands that making false statements or claims in connection with
the ARPA funded activities is a violation of federal law and may result in criminal, civil,
or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and/or any
other remedy available by law.
EE.Any publications produced with ARPA funds must display the following
language: “This project [is being] [was] supported, in whole or in part, by federal award
number SLT-0628 awarded to San Bernardino County by the U.S. Department of
Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is
being encouraged to adopt and enforce on-the-job seat belt policies and programs for
their employees when operating company-owned, rented, or personally owned
vehicles.
GG.Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is
being encouraged to adopt and enforce policies that ban text messaging while driving
and establishing workplace safety policies to decrease accidents caused by distracted
drivers.
HH.As a recipient of federal financial assistance, the Civil Rights Restoration Act of
1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities
receiving federal funds, of any person in the United States on the ground of
race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at Title 31
C.F.R. Part 22 and other pertinent executive orders such as Executive Order
13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin,
have Limited English proficiency (LEP). Contractor understands that denying
a person access to its programs, services, and activities, because of LEP is a
form of national origin discrimination prohibited under Title VI of the Civil Rights
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Act of 1964 and the Department of the Treasury’s implementing regulations.
Contractor shall initiate reasonable steps, or comply with the Department of the
Treasury’s directives, to ensure LEP persons have meaningful access to its
programs, services, and activities. Contractor understands and agrees that
meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary, to ensure
effective communication.
iii. Agrees to consider the need for language services for LEP persons during
development of applicable budgets and when conducting programs, services,
and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the
grounds of race, color, or national origin, and limited English proficiency
covered by Title VI of the Civil Rights Act and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome.
II.The City must include the following language in every contract or agreement subject
to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or nation
origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the
Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title
VI also includes protection to persons with “Limited English Proficiency” in any
program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d
et seq., as implemented by the Department of the Treasury’s Title VI regulations,
Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made
a part of this contract or agreement.”
JJ.Contractor shall cooperate in any enforcement or compliance review activities by the
City, and/or the Department of the Treasury. Contractor shall comply with information
requests, on-site compliance reviews, and reporting requirements.
KK.Contractor shall maintain records and financial documents sufficient to evidence
compliance with section 603(c), regulations adopted by Treasury implementing those
sections, and guidance issued by Treasury regarding the foregoing.
LL.City has the right of access to records (electronic or otherwise) of Contractor in order
to conduct audits or other investigations.
MM.Contractor shall maintain records for a period of five (5) years after the completion
of the contract or a period of five (5) years after the last reporting date the City is
obligated with the Department of the U.S. Treasury, whichever is later.
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NN.Contractor must disclose in writing any potential conflict of interest in accordance
with Title 2 C.F.R. Section 200.112.
OO.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may
not discharge, demote, or otherwise discriminate against an employee in reprisal for
disclosing to any of the list of persons or entities provided below, information that the
employee reasonably believes is evidence of gross mismanagement of a federal
contract or grant, a gross waste of federal funds, an abuse of authority relating to a
federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the
following: (i) A member of Congress or a representative of a committee of Congress;
(ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury
employee responsible for contract or grant oversight or management; (v) An
authorized official of the Department of Justice or other law enforcement agency; (vi)
A court or grand jury; or (vii) A management official or other employee of Recipient,
subrecipient, contractor, or subcontractor who has the responsibility to investigate,
discover, or address misconduct. Subrecipient or Contractor shall inform its
employees in writing of the rights and remedies provided under this section, in the
predominant native language of the workforce.
PP. City and Contractor acknowledge that if additional federal guidance is issued, an
amendment to this Contract may be necessary. In the event any of the terms in this
Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall
control.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND NAMASTE SITIYE INC
This Agreement is made and entered into as of MARCH 20, 2024, by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower,
290 North D Street, San Bernardino, CA 92401 (“City”), and NAMASTE SITIYE INC
(Rodeway Inn) with its principal place of business at 2042 W VALLEY BOULEVARD,
COLTON, CA 92324 (hereinafter referred to as “Owners”). City and Owners are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
1. In compliance with the Homelessness State of Emergency, which was
declared on February 1, 2023, the City is taking progressive steps to
mitigate homelessness.
2. Because the shelters in the City of San Bernardino are at full capacity, the
City has negotiated the use of up to 75 hotel/motel rooms from the Owner.
Hotel/Motel units will exclusively be used by the City’s Homeless Outreach
Team, Hope the Mission (hereinafter referred to as the “Authorized Service
Provider” and “HTM”). All referrals will come directly from the City’s
Authorized Service Provider, who will verify and provide homeless
certification for each participant referred to a motel for interim shelter.
3. The interim shelter will be utilized while the City constructs its navigation
center, which is estimated to take 10-12 months.
4. The goal of the interim shelter is to reduce the loss of life for unhoused
residents, increase access to mental health and substance abuse
treatment, eliminate street encampments, and enhance the safety and
hygiene of neighborhoods and parks for all residents, businesses, and
neighbors. Services will be low-barrier, trauma-informed, and data driven,
and must remain flexible to support the needs of individuals receiving
services, as well as to accommodate the limits of available local funds.
5. The City is a public agency of the State of California and is in need of
hospitality services for the following project:
Hotel/Motel Voucher Program (hereinafter referred to as “the
Project”). Participants of the City’s Hotel/Motel Voucher Program are to be
treated as any other hotel/motel customer and receive the same level of
standard amenities as any guest including clean linen and towels upon
request. As such, the hotel/motel owner(s) or designee (i.e., property
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manager) has the right to refuse service or to discharge a participant for
unlawful or unruly behavior that violates motel policy.
6. Owners are duly licensed and have the necessary qualifications to provide
such services.
7. The Parties desire by this Agreement to establish the terms for the City to
retain hotel/motel units and services provided by the Owner described
herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Owner shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “1” and incorporated herein by this
reference. Owner owns and operates a hotel/motel facility under the business name
Namaste Sitiye Inc (Roadway Inn) located at 1150 SOUTH E STREET, SAN
BERNARDINO, CA 92408 (the “Hotel/motel”). Owner grants the City and its Authorized
Service Provider the ability to rent rooms in Owner’s Hotel/motel for interim shelter as
outlined in the “Rate Schedule” specified in Exhibit “B” of Exhibit 1. After an initial
assessment, the Authorized Service Provider will:
A. Certify the person(s) are homeless in the City of San Bernardino by any form
listed below:
1. Visual Contact In the field by the Contracted City outreach team, PD,
Code Enforcement, Public Works, or the Homeless Service
Coordinator.
2. Self-certification with document proof with ties to the City.
B. Create a screening to give priority to the elderly, families with children, and the
disabled. (will be done by the City outreach team)
C. Establish homeless certification and document properly in HMIS (will be done
by the City outreach team)
D. Develop Forms for the hotel/motel voucher process that are not easily
duplicated.
The client will bring in the form to the Hotel/motel to claim a room, within 24 hours
of receipt of the Voucher. The Hotel/motel management and HTM will always have a point
of contact for any issues that may arise during check-in or the client’s stay.
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2.1. General Grant. Owner grants the City and its Authorized Service
Providers to enter and use the Hotel/motel as described in Exhibit 1 to this Agreement.
City shall use the Hotel/motel solely for the purposes specified in Exhibit 1 of this
Agreement and for such lawful purposes as may be directly incidental thereto.
2.2. Condition of Premises. Owner has inspected the Hotel/motel and
warrants that the physical condition and the property is suitable for Hotel/motel
voucher referrals. Owner further warrants that the Hotel/motel is free from latent
defects and presence of hazardous materials. Owner further warrants that Owner
has the authority to enter into this Agreement and that there are no unknown
conflicts regarding title to the Hotel/motel. Additionally, Owner warrants that there
are no pending or threatened legal, administrative, arbitral or other proceedings,
claims, actions or governmental or regulatory investigations of any kind or nature
whatsoever pertaining to the Hotel/motel.
2.3. Eviction, Abandonment or Sale. In the case of the eviction of a
participant of the Project by anyone owning or obtaining title to the premises on
which the Hotel/motel is located, or the sale or abandonment by Owner of said
premises, Owner shall be liable to City for any damage of any nature whatsoever
or to refund any payment made by City to Owner hereunder, including the
proportionate part of any recurring rental charge which may have been paid
hereunder in advance.
3. Professional Practices. All professional services to be provided by Owner
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Owner warrants that Owner is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Owner’s
performance of this Agreement. Owner further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
in accordance with the Rates Schedule set forth in Exhibit “B” of Exhibit 1 and
incorporated herein by this reference.
b. In no event shall the total amount paid for services rendered by
Owner under this Agreement exceed the sum of $1,008,000. This amount is to cover all
related costs, and the City will not pay any additional fees for printing expenses. Invoicing
shall occur as provided in Section 1.9 of Exhibit 1.
c. No expense reimbursements, including, but not limited to,
reimbursements for travel, parking, lodging, and/or meals shall be paid to Owner unless
such expense reimbursements: (i) are specifically provided for and described by nature
and type in Exhibit “B”, below; (ii) appear on Owner’s monthly invoices to City; (iii) are
supported by the appropriate receipts and other such documentation as the City shall
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require; and (iv) are directly related to the Scope of Services to be performed under this
Agreement. In addition, any and all reimbursements shall be made in accordance with
any City policy governing same.
5. Additional Work. If changes in the work seem merited by Owner or the City,
and informal consultations with the other party indicate that a change is warranted, it shall
be processed in the following manner: a letter outlining the changes shall be forwarded
to the City by Owner with a statement of estimated changes in fee or time schedule. An
amendment to this Agreement shall be prepared by the City and executed by both Parties
before performance of such services, or the City will not be required to pay for the
changes in the scope of work. Such amendment shall not render ineffective or invalidate
unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Owner in writing. Annual increases shall not exceed the
percentage change in the Consumer Price Index- All urban consumers, All Items - (Series
ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12)
month period January through January immediately preceding the adjustments and be
subject to City’s sole discretion and approval (if needed) for budget funding by the City
Council.
6. Term. The Term of this Agreement is as provided in Section 1.7 of Exhibit
1.
7. Maintenance of Records; Audits.
a. Records of Owner’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Owner and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Owner shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Owner shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Owner shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
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materially affects the Owner’s performance and is one or more of the following: (1) Acts
of God or other natural disasters occurring at the project site; (2) terrorism or other acts
of a public enemy; (3) orders of governmental authorities (including, without limitation,
unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Owner to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Owner shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Owner shall assist the City, as requested, in obtaining
and maintaining all permits required of Owner by federal, state and local regulatory
agencies.
c. If applicable, Owner is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Owner’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with
the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Owner’s performance shall conform in all material
respects to the requirements of the Scope of Work, attached hereto as Exhibit “1” and
incorporated herein by this reference.
12. Conflicts of Interest. During the term of this Agreement, Owner shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate. Owner shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration
certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all
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other licenses, permits, qualifications, insurance, and approvals of whatever nature that
are legally required of Owner to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Owner shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or
so transfer without such consent shall be void and without legal effect and shall constitute
grounds for termination. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Owner from employing independent associates and subconsultants as Owner
may deem appropriate to assist in the performance of services hereunder.
15. Independent Owner. Owner is retained as an independent contractor and
is not an employee of City. No employee or agent of Owner shall become an employee
of City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
Any personnel performing the work governed by this Agreement on behalf of Owner shall
at all times be under Owner’s exclusive direction and control. Owner shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance
under this Agreement and as required by law. Owner shall be responsible for all reports
and obligations respecting such personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers’ compensation
insurance.
16. Insurance. Owner shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section.
In addition, Owner shall not allow any subcontractor to commence work on any
subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Owner’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Owner shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
Insurance Services Office Commercial General Liability
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coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Owner shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form
and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Owner certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Owner has employees at any time during the
term of this Agreement, at all times during the performance of the work under this
Agreement, the Owner shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Owner shall require all subconsultants to
obtain and maintain, for the period required by this Agreement, workers’ compensation
coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Owner
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an
amount indicated herein. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Owner. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and
must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Owner
shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system
breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of
malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
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Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $250,000 per occurrence and aggregate
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Owner shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualified
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Owner shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Owner shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled
or expires during the term of this Agreement, the Owner shall deliver renewal
certificate(s) including the General Liability Additional Insured Endorsement to the City
at least ten (10) days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Owner’s policy is primary insurance and
that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Owner shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Owner shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy
with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, independent contractors,
subcontractors, and volunteers or shall specifically allow Owner or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Owner hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants. Each policy of insurance shall be endorsed to reflect such waiver.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Owner from liability in excess of such coverage, nor shall it limit the Owner’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Owner, and any approval of said insurance by
the City, is not intended to and shall not in any manner limit or qualify the liabilities and
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obligations otherwise assumed by the Owner pursuant to this Agreement, including, but
not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by Owner
or City will withhold amounts sufficient to pay premium from Owner payments. In the
alternative, City may cancel this Agreement.
(iii) The City may require the Owner to provide complete copies
of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
l. Subconsultant Insurance Requirements. Owner shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required
under this section. Policies of commercial general liability insurance provided by such
subcontractors or subconsultants shall be endorsed to name the City as an additional
insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same
coverage. If requested by Owner, City may approve different scopes or minimum limits
of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Owner shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Owner, its officials, officers,
employees, subcontractors, Owners or agents in connection with the performance of the
Owner’s services, the Project, or this Agreement, including without limitation the payment
of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Owner's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, the City Council, members of the City
Council, its employees, or authorized volunteers. Owner’s indemnification obligation shall
survive the expiration or earlier termination of this Agreement.
b. If Owner’s obligation to defend, indemnify, and/or hold harmless
arises out of Owner’s performance as a “design professional” (as that term is defined
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under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Owner’s indemnification obligation shall
be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Owner in the performance of the
services or this Agreement, and, upon Owner obtaining a final adjudication by a court of
competent jurisdiction, Owner’s liability for such claim, including the cost to defend, shall
not exceed the Owner’s proportionate percentage of fault.
18. California Labor Code Requirements. Owner is aware of the requirements
of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California
Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements
on certain “public works” and “maintenance” projects. If the Services are being performed
as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, Owner agrees to fully comply with such Prevailing Wage Laws, if
applicable. Owner shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It shall be mandatory upon the Owner and all subcontractors to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages
(Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code
Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours
of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1).
19. Verification of Employment Eligibility. By executing this Agreement, Owner
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and
shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving thirty (30) calendar days’ written notice to Owner.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Owner the reasonable value of services rendered for any portion of the work completed
prior to termination. If said termination occurs prior to completion of any task for the
Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
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amount mutually agreed to by City and Owner of the portion of such task completed but
not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Owner shall not be entitled to
payment for unperformed services, and shall not be entitled to damages or compensation
for termination of work.
b. Owner may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement
through no fault of Owner.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Owner shall be responsible for its work and results
under this Agreement. Owner, when requested, shall furnish clarification and/or
explanation as may be required by the City’s representative, regarding any services
rendered under this Agreement at no additional cost to City. In the event that an error or
omission attributable to Owner’s professional services occurs, Owner shall, at no cost to
City, provide all other services necessary to rectify and correct the matter to the sole
satisfaction of the City and to participate in any meeting required with regard to the
correction.
24. Prohibited Employment. Owner shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
the property of the City.
27. Organization. Owner shall assign someone to act as a Primary contact to
engage with the City during the City’s Voucher Program. The Primary Contact shall not
be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
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29. Notice. Notice must comply with Section 1.10 of Exhibit 1.
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Owner.
31. Equal Opportunity Employment. Owner represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “1,” represents the
entire understanding of City and Owner as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises, or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Owner shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
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or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Owners. City reserves its right to employ other
Owners, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Owner maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Owner, to solicit or secure this Agreement. Further, Owner warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Owner, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no official, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
44. Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus
Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal
Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this
Agreement. As applicable, Owner shall comply with all federal requirements including,
but not limited to, the following, all of which are expressly incorporated herein by
reference:
44.1 Sections 602 and 603 of the Social Security Act as added by Section
9901 of the American Rescue Plan Act of 2021 (the “Act”);
44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
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44.3 Treasury Compliance and Reporting Guidance for the Act;
44.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, other than such provisions as the
U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program
and subject to such exceptions as may be otherwise provided by the U.S. Department of
the Treasury;
44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and
Conditions; and
44.6 Federal contract provisions attached hereto as Exhibit “2” and
incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the
provisions stipulated in this Agreement. With respect to any conflict between such
federal requirements and the terms of this Agreement and/or the provisions of state law
and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND NAMASTE SITIYE INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
Date:
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
NAMASTE SITIYE INC
Signature
Name
Title
Date:
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Exhibit 1
Scope of Work/Lease Option
Bridge to Placement Scope of work
1.1 Hotel/Motel Facility. Owner represents that it owns and operates the motel facility
under the names Roadway Inn located at 1150 SOUTH E STREET, SAN BERNARDINO,
CA 92408 (“Hotel”). Owner represents that its ownership and operation of the Hotel is in
full compliance with all federal, state, and local laws, and shall so remain throughout the
entire term of this Agreement without interruption. The owner should provide the same
level of maintenance on all shelter rooms as he would provide to any guest. All utilities
and internet shall be covered and not a additional charge to shelter operator.
1.2 Authorized Service Providers. The homeless-service providers listed in Exhibit A to
this Exhibit 1 shall be referred to herein as “Authorized Service Providers.” City reserves
the right to revise the listed Authorized Service Providers (e.g., adding or deleting
homeless-service providers) by providing notice of such revision in writing.
Employees/agents of Authorized Service Providers, and only such persons, are hereby
authorized and shall have the right to request the lodging of persons being housed
pursuant to the Bridge to Placement (“Bridge to Placement”), check-in such participants
into the Hotel (subject to guest-room availability), incur room-rate charges payable by City
pursuant to this Agreement, and enter and use the Hotel as provided for in this
Agreement.
1.3 Check-in Procedures for Bridge To Placement Participants. Before checking-in a
Bridge to Placement Participant, the Owner shall ensure that an employee/agent of an
Authorized Service Provider is present at the Hotel to check-in such participant, and
Owner shall verify the employee/agent’s affiliation with the Authorized Service Provider
by requesting sufficient identification and documentation. Owner shall not require
identification from a Bridge to Placement Participant for any purpose, including check-in
or access to the Hotel. In addition to the name of the Bridge to Placement Participant
being checked-in, Owner shall document the name and contact information of the
Authorized Service Provider. Before check-in, Owner shall ensure that the
employee/agent of the Authorized Service Provider inspects, photographs, and
documents the condition of the guest room to be occupied by the Bridge to Placement, in
addition to the common area in the vicinity of such guest room. Notwithstanding anything
to the contrary herein, City shall have no liability or obligation, including without limitation
for the payment of room rates or any damages, for Hotel guests that were not physically
accompanied by an employee/agent of an Authorized Service Provider at check-in or if
Owner does not comply with the provisions of this Section 1.3.
1.4 Check-out of Bridge to Placement Participant. Before checking-out a Bridge to
Placement Participant, Owner shall ensure that an employee/agent of the Authorized
Service Provider that previously checked-in the participant is present at the Hotel to
check-out the participant, and Owner shall verify the employee/agent’s affiliation with the
Authorized Service Provider by requesting sufficient identification and documentation.
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Before check-out, Owner shall ensure that the employee/agent of the Authorized Service
Provider inspects, photographs, and documents the condition of the guest room
previously occupied by a Bridge to Placement Participant, in addition to the common area
in the vicinity of such guest room. If any Bridge to Placement Participant attempts to
check-out of the Hotel without being accompanied by an employee/agent of the
Authorized Service Provider that checked-in the participant, Owner shall immediately
notify the Authorized Service Provider and allow sufficient time, but in no event less than
twenty-four (24) hours, to permit an employee/agent of the Authorized Service Provider
to inspect, photograph, and document the condition of the guest room previously
occupied by the participant, in addition to the common area in the vicinity of such guest
room. Notwithstanding anything to the contrary herein, City shall have no liability or
obligation for the payment of any damages to Hotel property if Owner does not fully
comply with the provisions of this Section 1.4.
1.5. Access to and Use of Hotel by Authorized Service Providers.
Employees/agents of Authorized Service Providers, at City’s sole cost and expense, shall
have the right to book and occupy up to two (2) guest rooms at the Hotel for their own
use at any time during the Term of this Agreement. In the event the Authorized Service
Providers have not already exercised their right to book and occupy the two (2) guest
rooms and the Hotel is approaching full occupancy (approaching full occupancy means
90% occupancy or greater), Owner shall notify the Authorized Service Providers 72 hours
in advance and the Authorized Service Providers shall thereafter have 48 hours to notify
Owner that it will exercise the rights granted in this section. Owner acknowledges and
agrees that such rooms will be used primarily for office and administrative purposes in
connection with the Bridge to Placement Initiative and some furniture may be rearranged
accordingly. Authorized Service Providers shall also have the right to have personnel
onsite in any room reserved/leased by the Authorized Service Providers and in common
areas at the Hotel around-the-clock to provide oversight, security, and monitoring of
Bridge to Placement Participants staying at the Hotel.
1.6. Daily Room Rate. The all-inclusive daily room rate for City guests are identified in
Exhibit B. Under no circumstance shall Owner require, request, or receive payment of
any additional or separate amount from Authorized Service Providers or Bridge to
Placement Participants. Owner shall provide replacement guest-room keys to Bridge to
Placement Participants and employees/agents of Authorized Service Providers at
Owner’s sole cost and expense. City and Owner represent and agree that neither Party
shall receive any form of payment or other consideration, whether monetary or in-kind,
from Bridge to Placement Participants for access to or use of guest rooms, or for any
other reason or purpose. City shall not be responsible for the payment of room-rate
charges incurred by any Hotel guest other than Bridge to Placement Participants or
employees/agents of Authorized Service Providers whose occupancy at the Hotel fully
complies with each and every provision of this Agreement.
1.7. Term. The term of this Agreement (“Term”) shall commence on the date on which
the City Clerk of San Bernardino attests this Agreement and shall expire twelve (12)
months thereafter unless the term is extended or terminated earlier pursuant to provisions
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of this Agreement. City shall have one (1) option to extend the Term for a period of six (6)
months, commencing on the first day following the expiration of the Term. In order to
exercise the option, City must give written notice to Owner of such exercise no later than
thirty (30) days before the expiration of the Term. Notwithstanding any other provision
herein, City shall have the unilateral right to terminate this Agreement at any time for any
or no reason upon thirty (30) days’ written notice to Owner. City shall have no obligation
to pay for any charges incurred after this Agreement's expiration or termination. Expiration
or termination of this Agreement shall have no effect on City’s obligation to pay for
charges properly incurred during the Term hereof.
1.8. Holdover. In the event a Bridge to Placement Participant or employee/agent of an
Authorized Service Provider continues to occupy a guest room after the expiration of the
Term, including any extensions thereof, this Agreement shall be automatically extended
on a month-to-month basis subject to the terms and conditions in effect immediately
before the Term’s expiration. The month-to-month holdover shall continue until either
Party gives the other thirty (30) days’ prior written notice of its intention to terminate such
holdover.
1.9. Invoices. On a Monthly basis (), the Owner shall provide City with an invoice, along
with all supporting documents therefore, using the “Bridge to Placement Cover Sheet”
attached hereto as Exhibit C (as amended by City from time to time). Such invoice shall
be provided to City as an attachment to an email sent to housing@sbcity.org. Invoices
shall specify each guest room occupied by a participant of the bridge to placement
program. Guest Name, the check-in date of the guest, the number of days the room was
occupied thereby, Check-out date and the total amount of charges owed by City based
on the all-inclusive daily room rate set forth in Section 1.6. City shall pay such properly
detailed and supported invoices in arrears within forty-five (45) days from receipt thereof.
City’s obligation to pay such invoices is contingent on Owner providing City with all
information and documents necessary to process the invoices. Upon request, Owner shall
make available for inspection and copying all records and documents pertaining to this
Agreement, including without limitation invoices submitted and payments received. All
guest confirmation will be cross-referenced with providers master log of participants, to
verify the charge is from an enrolled participant/s of the shelter.
1.10. Notices. All notices and demands permitted or required to be given by either Party
to the other under this Agreement shall be in writing. Such notices and demands shall be
(a) personally delivered (including by means of professional messenger service); (b) sent
by United States Postal Service (“USPS”) registered or certified mail, postage prepaid,
return receipt requested; (c) sent by an alternate commercial overnight delivery service
(e.g., FedEx or UPS) with receiver’s signature required; or (d) sent by email, along with a
hard copy concurrently sent by means of USPS registered/certified mail or an alternate
commercial overnight delivery service. All notices and demands are effective upon
receipt. The Hotel’s name and physical address shall be included in all notices and
demands. All notices and demands shall be addressed as follows:
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To City:
City of San Bernardino
Housing and Homeless
Attention: Housing Department (Homeless Coordinator)
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Mail: 290 North D Street
San Bernardino, CA 92401
Email: housing@sbcity.org
NAMEASTE SITIYE INC
Attention: Andy Patel
607 W 5th Street
San Bernardino, CA 92410
Email: Andypatel909@gmail.com
1.11. Services, Utilities, and Supplies to be Furnished by Owner. Owner, at its sole
cost and expense, shall perform standard hotel services, including, without limitation the
following:
1.11.1. Keep and maintain the Hotel in good condition and repair, including without
limitation lighting fixtures, electrical systems, plumbing fixtures and systems,
HVAC filters and systems, mechanical systems, smoke detectors, elevators (if
any), and fire alarms, extinguishers, and sprinklers. Owner shall immediately notify
the Authorized Service Provider if there are any issues with the aforementioned
room conditions by providing notice as specified in section 1.10.
1.11.2. Furnish all standard utilities, including without limitation water (both hot and
cold), electricity, gas (if applicable), trash-disposal, and sewer services.
1.11.3. Perform standard housekeeping and custodial services (e.g., vacuuming
floors, dusting surfaces, cleaning bathrooms, and replacing toiletries) to guest
rooms occupied by Bridge to Placement Participants in accordance with the Hotel’s
standard practices, but in no event less than every three (3) days.
1.11.4. Provide fresh linens (e.g., bed sheets and bath towels) to guest rooms
occupied by Bridge To Placement Participants in accordance with the Hotel’s
standard practices, but in no event less than every three (3) days.
1.11.5. Maintain and repair guest-room furniture, fixtures, and equipment (e.g.,
beds, televisions, and refrigerators) that the Hotel typically provides to guests in its
regular course of business. To the fullest extent made available, offered, or
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furnished to other guests in the Hotel’s ordinary course of business, Owner shall
provide City guests with the following items, amenities, and services at no charge,
irrespective of whether Owner ordinarily charges therefor: (a) use of parking
spaces designated for Hotel guests twenty-four (24) hours a day, seven (7) days
a week; (b) access to basic cable television; (c) use of wireless internet services;
(d) keeping of pets in guest rooms; and (e) use of guest-room appliances (e.g.,
refrigerators and microwaves). Except those listed in the preceding sentence,
Owner shall not make available, offer, or furnish to City guests any item, amenity,
or service for which the Hotel charges amounts beyond those included in room
rates, including without limitation food, drinks, pay-per-view television, and room
service. Owner shall coordinate with the employee/agent of the Authorized Service
Provider checking-in a Bridge to Placement Participant to ensure that all such
items, amenities, and services are disabled, blocked, or removed from the guest
room before occupancy by a City guest. Under no circumstance shall City be
obligated to pay for any such additional charges, and Owner agrees not to charge
City for such services to the extent that the Owner provides them.
1.12. Prohibited Participant Conduct. Owner shall immediately alert the Authorized
Service Provider that checked-in a Bridge to Placement Participant (followed by written
notice to City) should the Owner determine that a Bridge to Placement Participant is doing
any of the following at the Motel:
1.12.1. Engaging in any illegal activity, including without limitation the use,
purchase, or sale of illegal drugs;
1.12.2. Damaging Hotel property;
1.12.3. Harassing or threatening Hotel staff, guests, or visitors, including without
limitation other Bridge to Placement Participants; or
1.12.4. Unreasonably interfering with Hotel staffs’ ability to perform standard hotel
services, including without limitation those specified in Section 1.11.
1.12.5 The Motel room is provided for the Participant(s), and only the approved
participant(s) will be allowed to stay in or occupy the motel room. Unapproved
guests found in the room will result in immediate removal of the guest.
1.13. No Recovery for Incidental Damages or Lost Profits. Neither Party shall be liable
for incidental, consequential, special, or indirect damages of any kind, including without
limitation loss of business, revenue, profits, reputation, or good will arising from or relating
to this Agreement. Irrespective of categorization (e.g., direct versus indirect), neither Party
shall be liable for loss of business, revenue, profits, reputation, or good will arising from
or relating to this Agreement.
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2.0 Post-occupancy Condition of Guest Rooms. At the conclusion of occupancy by a
City guest, the City shall deliver the guest room occupied by the participant in good order
and
condition as when received, except for the following:
(a) reasonable wear-and-tear;
(b) damages resulting from fire, earthquake, or other casualty;
(c) damages resulting from circumstances over which City or its officers,
employees, agents, contractors, or subcontractors had no control;
(d) damages caused by the acts, omissions, or conduct of Owner or its officers,
employees, agents, contractors, or subcontractors; or
(e) damages caused by the act, omissions, or conduct of third parties that are
unaffiliated with City or the Bridge to Placement Initiative.
All other damages to the Hotel caused by City or Bridge to Placement Participants shall
be repaired by Owner at City’s sole cost and expense pursuant to the terms and
conditions set forth in Section 2.1 and Section 2.2
2.1. Restoration of Premises. Subject to the exceptions set forth in Section 2.0 and
the limitations set forth in Section 2.2, City shall reimburse Owner for all costs and
expenses actually incurred and paid by Owner for restoration of the Hotel necessitated
by damages caused by City, its officers, employees, agents, contractors, or
subcontractors, or Bridge to Placement Participants. All restoration costs and expenses
shall be preapproved by City based on reasonable commercial-standard estimates. City
shall have the right to inspect the damaged property, verify to City’s satisfaction the cause
of such damage, and evaluate the reasonableness of the scope and dollar amount of the
proposed restoration. City shall not unreasonably delay, condition, or withhold its
preapproval. City shall have no obligation to reimburse Owner for costs and expenses
incurred without City’s preapproval. Owner’s failure to comply with the requirements set
forth in Section 1.3 (Check-in of Bridge to Placement) or Section 1.4 (Check-out of Bridge
to Placement Participants)—including without limitation Owner’s obligation to ensure that
employees/agents of Authorized Service Providers inspect, photograph, and document
the condition of guest rooms, in addition to the common area in the vicinity of such guest
rooms, at both check-in and check-out—shall relieve City of any obligation to reimburse
Owner for the proposed restoration under this Agreement or otherwise.
2.2 Avoidable Damages Not Recoverable. Notwithstanding anything to the contrary in
this Agreement or elsewhere, City shall have no obligation for the payment of any
damage, loss, injury, cost, or expense putatively caused by a Bridge to Placement
Participant if such damage, loss, injury, cost, or expense could have been avoided
altogether or mitigated to any extent through the Owner’s exercise of due care and its
compliance with the provisions of this Agreement, including without limitation Section 1.11
(Services, Utilities, and Supplies to be Furnished by Owner) and Section 1.12 (Prohibited
Participant Conduct).
2.3 Specific Performance. The Parties agree that City’s primary purpose and interest in
entering into this Agreement is to secure interim housing for persons experiencing
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homelessness. Accordingly, in any legal action for breach of this Agreement, City shall
have the right to pursue the remedy of specific performance, in addition to all other
remedies at law or equity. In the event of any action wherein the City seeks specific
performance of this Agreement, Owner shall waive the defense that a remedy at law
would be adequate.
2.4. Quiet Enjoyment. While keeping and performing covenants of this Agreement,
City shall peaceably and quietly hold and enjoy guest rooms occupied by Bridge to
Placement Participants without hindrance or interruption by Owner or any other persons
claiming by or under Owner (subject to any relevant provisions set forth in this
Agreement).
2.5. Casualty and Destruction. If fire, earthquake, or other casualty results in the total
destruction of the Hotel, this Agreement shall terminate automatically. If such casualty
renders ten percent (10%) or less of the Hotel unusable for the intended use, Owner shall
restore the premises as quickly as reasonably possible, but in any event within thirty (30)
days. If such casualty renders more than ten percent (10%) of the Hotel unusable but
does not constitute total destruction, Owner shall forthwith give notice to City of the
specific number of days required to restore the premises. If Owner does not give notice
within fifteen (15) days after such partial destruction, or if the notice specifies that
restoration will require more than ninety (90) days to complete from the notice date, City
shall have the right to elect either to terminate or continue this Agreement at City’s sole
and absolute discretion.
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Exhibit A
List of Authorized providers
HOPE THE MISSION
Attention: Ken Craft, CEO
16641 Roscoe Place
North Hills, CA 91343
Hotel Liaison: Elisabel Castillo
Sr. Regional Director of Programs
Hope the Mission
PO Box 7609
Mission Hills, CA 91346
Office: (818) 392-0020
Cell: (818) 916-0781
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Exhibit B
Rates Schedule
FUNDING AWARDS:
Permanent Local Housing Allocation Funds obligated.
Program Year 2019: $1,008,000
Month
RATE
1
Single
Number
of Rooms
RATE 2
Double
Number of
Rooms
Daily
Rate
1
w/tax
Daily
Rate
1
w/tax
Daily
Rate for
All
Rooms
Monthly Total Range Not to Exceed
1 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
2 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
3 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
4 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
5 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
6 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
7 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
8 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
9 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
10 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
11 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
12 70 20 80 20 1400 1600 3000 $39,200.00 $44,800.00 $84,000.00
NOT TO EXCEED TOTAL ANNUAL AMOUNT:$1,008,000.00
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Exhibit C
Payment Request Cover Sheet
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EXHIBIT 2
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Owner shall comply with all applicable federal laws
and regulations including, but not limited to, the federal contract provisions in this Exhibit “2”.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for
Breach; Termination for Cause/Convenience. The Contract Documents include remedies
for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this
Agreement meets the definition of a “federal assisted construction contract” in 41 CFR §
60-1.3, Owner agrees as follows during the performance of this Agreement:
(i) The Owner will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Owner will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Owner
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Owner will, in all solicitations or advertisements for employees
placed by or on behalf of the Owner, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(iii) The Owner will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to instances in
which an employee who has access to the compensation information of other employees
or applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the Owner's
legal duty to furnish information.
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(iv) The Owner will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives of the
Owner's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(v) The Owner will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(vi) The Owner will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Owner's noncompliance with the
nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or
orders, this Agreement may be canceled, terminated, or suspended in whole or in part
and the Owner may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Owner will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Owner will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event the Owner becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Owner may request the United States to enter into such
litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the City so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the Agreement.
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The City agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of the Owner and subcontractors
with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
City agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from
extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this
Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable
to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards
Act:
(i) Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours
in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (ii) of this section the Owner and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
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respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the Owner or subcontractor under any such contract or any
other Federal contract with the Owner, or any other federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the Owner, such
sums as may be determined to be necessary to satisfy any liabilities of Owner or
subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (iii) of this section.
(iv) Subcontracts. The Owner or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Owner shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this
Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract
or Agreement: If the Federal award meets the definition of “funding agreement” under 37
CFR § 401.2 (a) and the Owner wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or performance
of experimental, developmental, or research work under that “funding agreement,” the
Owner must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the
awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution
Control Act:
(i) Pursuant to the Clean Air Act, (1) Owner agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq., (2) Owner agrees to report each violation to the City
and understands and agrees that the City will, in turn, report each violation as required to
assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Owner agrees to include these requirements
in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Owner
agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Owner
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agrees to report each violation to the City and understands and agrees that the City will,
in turn, report each violation as required to assure notification to the Federal awarding
agency and the appropriate Environmental Protection Agency Regional Office, and (3)
Owner agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt. 3000. As such Owner is required to verify that none of the Owner,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R.
§ 180.935).
(ii) Owner must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by
City. If it is later determined that Owner did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(iv) Owner warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Owner also agrees
to verify that all subcontractors performing work under this Agreement are not debarred,
disqualified, or otherwise prohibited from participation in accordance with the
requirements above. Owner further agrees to notify the City in writing immediately if
Owner or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Owner shall comply with section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of
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recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Owner shall make
maximum use of products containing recovered materials that are EPA-designated items
unless the product cannot be acquired: competitively within a timeframe providing for
compliance with the contract performance schedule; meeting contract performance
requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-
designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Owner also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Owner shall not contract (or extend or renew a contract) to procure
or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system funded under this Agreement. As described in Public
Law 115–232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government
facilities, physical security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided
by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation
with the Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or otherwise
connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
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(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for
Procurement:
(i) Owner shall, to the greatest extent practicable, purchase, acquire, or
use goods, products, or materials produced in the United States (including but not limited
to iron, aluminum, steel, cement, and other manufactured products). The requirements of
this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction
materials composed in whole or in part of nonferrous metals such as aluminum; plastics
and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Owner shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps
to assure that minority firms, women’s business enterprises, and labor surplus area firms
are used when possible and will not be discriminated against on the grounds of race,
color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority business, and
women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority business, and women's business
enterprises; and
(v) Using the services/assistance of the Small Business Administration
(SBA), and the Minority Business Development Agency (MBDA) of the Department of
Commerce.
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(c) Owner shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Owner shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act,
Treasury’s regulations implementing that section, and guidance issued by Treasury
regarding the foregoing. Owner agrees to provide the City, Treasury Office of Inspector
General and the Government Accountability Office, or any of their authorized
representatives access to any books, documents, papers, and records (electronic an
otherwise) of the Owner which are directly pertinent to this Agreement for the purposes
of conducting audits or other investigations. Records shall be maintained by Owner for a
period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Owner agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to
section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.
Owner also agrees to comply with all other applicable federal statutes, regulations, and
executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2
C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180
and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated
by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.
Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
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(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting
Discrimination. Owner agrees to comply with statutes and regulations prohibiting
discrimination applicable to the CSLFRF program including, without limitation, the
following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)
and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or activities
receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794), which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101
et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial
assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
(d) False Statements. Owner understands that making false statements or
claims in connection with the CSLFRF program is a violation of federal law and may result
in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages
and penalties, debarment from participating in federal awards or contracts, and/or any
other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Owner may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of a
contract) or grant.
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(ii) The list of persons and entities referenced in the paragraph above
includes the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant
oversight or management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Owner, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order
13043, 62 FR 19217 (Apr. 18, 1997), Owner is encouraged to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles, and encourage its subcontractors to do the same.
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order
13513, 74 FR 51225 (Oct. 6, 2009), Owner should encourage its employees and
subcontractors to adopt and enforce policies that ban text messaging while driving, and
Owner should establish workplace safety policies to decrease accidents caused by
distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Owner ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial
of the benefits of, or subjection to discrimination under programs and activities receiving
federal funds, of any person in the United States on the ground of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury
Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as
Executive Order 13166; directives; circulars; policies; memoranda and/or guidance
documents.
(ii) Owner acknowledges that Executive Order 13166, “Improving
Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve
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access to federally assisted programs and activities for individuals who, because of
national origin, are limited in their English proficiency. Owner understands that the denial
of access to persons to its programs, services and activities because of their limited
proficiency in English is a form of national origin discrimination prohibited under Title VI
of the Civil Rights Act of 1964. Accordingly, Owner shall initiate reasonable steps, or
comply with Treasury’s directives, to ensure meaningful access to its programs, services
and activities to LEP persons. Owner understands and agrees that meaningful access
may entail providing language assistance services, including oral interpretation and
written translation where necessary to ensure effective communication in the Project.
(iii) Owner agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs,
services and activities. As a resource, the Department of the Treasury has published its
LEP guidance at 70 FR 6067. For more information on LEP, please visit
http://www.lep.gov.
(iv) Owner acknowledges and agrees that compliance with this
assurance constitutes a condition of continued receipt of federal financial assistance and
is binding upon Owner and Owner’s successors, transferees and assignees for the period
in which such assistance is provided.
(v) Owner agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Owner and the Owner’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented
by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also extends
protection to persons with “Limited English proficiency” in any program or activity receiving
federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the
Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this contract (or agreement).
(vi) Owner understands and agrees that if any real property or structure
is provided or improved with the aid of federal financial assistance by the Department of
the Treasury, this assurance obligates the Owner, or in the case of a subsequent transfer,
the transferee, for the period during which the real property or structure is used for a
purpose for which the federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits. If any personal property is provided,
this assurance obligates the Owner for the period during which it retains ownership or
possession of the property.
(vii) Owner shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations.
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Enforcement may include investigation, arbitration, mediation, litigation, and monitoring
of any settlement agreements that may result from these actions. Owner shall comply
with information requests, on-site compliance reviews, and reporting requirements.
(viii) Owner shall maintain a complaint log and inform the Department of
the Treasury of any accusations of discrimination on the grounds of race, color, or national
origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964
and implementing regulations and provide, upon request, a list of all such reviews or
proceedings based on the complaint, pending or completed, including outcome. Owner
must also inform the Department of the Treasury if Owner has received no complaints
under Title VI.
(ix) Owner must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Owner and the
administrative agency that made the finding. If the Owner settles a case or matter alleging
such discrimination, Owner must provide documentation of the settlement. If Owner has
not been the subject of any court or administrative agency finding of discrimination, please
so state.
(x) If Owner makes sub-awards to other agencies or other entities,
Owner is responsible for assuring that sub-recipients also comply with Title VI and all of
the applicable authorities covered in this assurance.
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EXHIBIT 3
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL
GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the
American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal
Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly
known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any
and all ARPA requirements in addition to any and all applicable County, State, and
Federal laws, regulations, policies, and procedures pertaining to the funding of this
Contract. The use of the funds must also adhere to official federal guidance issued or to
be issued on what constitutes a necessary expenditure. Any funds expended by
Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA
requirements shall be returned or repaid to the City or County. Any funds paid to
Contractor i) in excess of the amount to which Contractor is finally determined to be
authorized to retain; ii) that are determined to have been misused; or iii) that are
determined to be subject to a repayment obligation pursuant to section 603(e) of the Act
and have not been repaid, shall constitute a debt to the federal government. Contractor
agrees to comply with the requirements of section 603 of the Act, regulations adopted by
Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing.
Contractor shall provide for such compliance in any agreements with subcontractor(s).
Contractor agrees to comply with the following:
A.In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the
non-Federal Contractor should, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section
must be included in all subawards including all contracts and purchase orders for work
or products under this award. For purposes of this section: “Produced in the United
States” means, for iron and steel products, that all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States.
“Manufactured products” means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
B.In accordance with Title 2 C.F.R. Section 200.471, costs incurred for
telecommunications and video surveillance services or equipment such as phones,
internet, video surveillance, cloud servers are allowable except for the following
circumstances: Obligating or expending covered telecommunications and video
surveillance services or equipment or services (as described in Title 2 C.F.R. Section
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200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2)
Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the
equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i)
For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii)
Telecommunications or video surveillance services provided by such entities or using
such equipment; and (iii) Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in
consultation with the Director of the National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country. In
implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph (1), heads of executive agencies administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected
businesses, institutions and organizations as is reasonably necessary for those
affected entities to transition from covered communications equipment and services,
to procure replacement equipment and services, and to ensure that communications
service to users and customers is sustained.
C.A non-Federal Contractor that is a state agency or agency of a political subdivision of
a state and its contractors must comply with section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
D.Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal
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contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier
must also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
E.Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants
of amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).
F.Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must
comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by
the awarding agency.
G.Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708).
Where applicable, all contracts awarded by the non-Federal Contractor in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as
supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40
U.S.C. Section 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements
of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that
no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous to health or safety. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
H.Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of
Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance
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with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week. The non-Federal contractor must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal Contractor must report all
suspected or reported violations to the Federal awarding agency. The contracts must
also include a provision for compliance with the Copeland “Anti-Kickback” Act (18
U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of
Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled. The non-Federal contractor must report all suspected
or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay
their employees and workers a wage not less than the minimum wage for the work
classification as specified in both the Federal and California wage decisions. See
Section 3.10.6 “Prevailing Wages” for additional information regarding California
Prevailing Wage Rate Requirements and the applicable general prevailing wage
determinations which are on file with the City and are available to any interested
party on request. The higher of the two applicable wage determinations, either
California prevailing wage or Davis-Bacon Federal prevailing wage, will be
enforced for all applicable work/services under this Contract.
I.Contracts for more than the simplified acquisition threshold, which is the inflation
adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C.
Section 1908, must address administrative, contractual, or legal remedies in instances
where Contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
J.All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal Contractor including the manner by which it will be
effected and the basis for settlement.
K.Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R.
Part 60, all contracts that meet the definition of “federally assisted construction
contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause
provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order
11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing
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regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor.” The identified clause is below
and Contractor shall comply with the clause and all legal requirements and include the
equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined in the
regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid
for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a grant, contract,
loan, insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives
of the contractor's commitments under this section, and shall post copies of the
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notice in conspicuous places available to employees and applicants for
employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, That if the applicant so participating
is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing
compliance.
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The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may
take any or all of the following actions: Cancel, terminate, or suspend in whole or
in part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
L.Data Collection Requirements – Contractor agrees to collect pre-post data per City,
and United States Treasury guidelines and timeline, for project tracking and
monitoring and various reporting purposes. Data including, but not limited to:
Required Project Demographic Distribution Data; Required Performance Indicators
and Programmatic Data; Required Expenditure Report Data; and Required Program
Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and
reportable database - retrievable collective data that needs to be available to County,
State or Federal governments upon request.
M.Data Submission Requirements - Contractor agrees to furnish data to the City upon
request, per City, and United States Treasury guidelines and timeline, for project
tracking and monitoring and various reporting purposes. Data including, but not
limited to: Required Project Demographic Distribution Data; Required Performance
Indicators and Programmatic Data; Required Expenditure Report Data; Required
Program Evaluation Data. Contractor agrees to track and monitor data in a
quantifiable and reportable database - retrievable collective data that needs to be
available at request.
N.Project Progress Reporting - Contractor agrees to provide project timeline and
progress updates to the City upon request, per County, and United States Treasury
guidelines and timeline. Contractor agrees to routine and impromptu program and
project evaluation by the City.
O.Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control),
Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and
management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these
sections currently exist or may be amended. The use of funds must also adhere to
official federal guidance issued or to be issued on what constitutes an eligible
expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner
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that does not adhere to official federal guidance shall be returned to the County.
Contractor agrees to comply with all official guidance regarding the ARPA CLFRF.
Contractor also agree that as additional federal guidance becomes available, an
amendment to this Contract may become necessary. If an amendment is required,
Contractor agrees to promptly execute the Contract amendment.
P.Contractor shall retain documentation of all uses of the funds, including but not limited
to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section
200.334 (retention requirements for records). Such documentation shall be produced
to City upon request and may be subject to audit. Unless otherwise provided by
Federal or State law (whichever is the most restrictive), Contractor shall maintain all
documentation connected with its performance under this Contract for a minimum of
five (5) years from the date of the last payment made by City or until audit resolution
is achieved, whichever is later, and to make all such supporting information available
for inspection and audit by representatives of the City, the State or the United States
Government during normal business hours at Contractor. Copies will be made and
furnished by Contractor upon written request by City.
Q.Contractor shall establish and maintain an accounting system conforming to Generally
Accepted Accounting Principles (GAAP) to support Contractor’s requests for
reimbursement which segregate and accumulate costs of Contractor and produce
monthly reports which clearly identify reimbursable costs, matching fund costs (if
applicable), and other allowable expenditures by Contractor. Contractor shall provide
a monthly report of expenditures under this Contract no later than the 20th day of the
following month.
R.Contractor shall cooperate in having an audit completed by City, at City’s option and
expense. Any audit required by ARPA CLFRF and its regulation and United States
Treasury guidance will be completed by Contractor at Contractor’s expense.
S.Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is
determined by subsequent audit to be unallowable under the ARPA CLFRF within the
time period required by the ARPA CLFRF, but no later than one hundred twenty (120)
days of Contractor receiving notice of audit findings, which time shall include an
opportunity for Contractor to respond to and/or resolve the findings. Should the
findings not be otherwise resolved and Contractor fail to reimburse moneys due City
within one hundred twenty (120) days of audit findings, or within such other period as
may be agreed between both parties or required by the ARPA CLFRF, City reserves
the right to withhold future payments due Contractor from any source under City’s
control.
T.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable and subject to such exceptions as may be otherwise
provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act, shall apply.
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U.Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.
V.Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part
170.
W.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R.
Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19.
Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award
(see 2 C.F.R. Section 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement
Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part
1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
X.Recipient Integrity and Performance Matters, pursuant to which the award terms set
forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Y.Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z.New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. Sections 4601-4655) and implementing regulations.
BB.Applicable Federal environmental laws and regulations.
CC.Statutes and regulations prohibiting discrimination include, without limitation, the
following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and
Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.), which prohibits discrimination in housing on the basis
of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section
794), which prohibits discrimination on the basis of disability under any program
or activity receiving federal financial assistance.
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iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et
seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
Sections 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
DD.Contractor understands that making false statements or claims in connection with
the ARPA funded activities is a violation of federal law and may result in criminal, civil,
or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and/or any
other remedy available by law.
EE.Any publications produced with ARPA funds must display the following
language: “This project [is being] [was] supported, in whole or in part, by federal award
number SLT-0628 awarded to San Bernardino County by the U.S. Department of
Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is
being encouraged to adopt and enforce on-the-job seat belt policies and programs for
their employees when operating company-owned, rented, or personally owned
vehicles.
GG.Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is
being encouraged to adopt and enforce policies that ban text messaging while driving
and establishing workplace safety policies to decrease accidents caused by distracted
drivers.
HH.As a recipient of federal financial assistance, the Civil Rights Restoration Act of
1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities
receiving federal funds, of any person in the United States on the ground of
race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at Title 31
C.F.R. Part 22 and other pertinent executive orders such as Executive Order
13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin,
have Limited English proficiency (LEP). Contractor understands that denying
a person access to its programs, services, and activities, because of LEP is a
form of national origin discrimination prohibited under Title VI of the Civil Rights
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Act of 1964 and the Department of the Treasury’s implementing regulations.
Contractor shall initiate reasonable steps, or comply with the Department of the
Treasury’s directives, to ensure LEP persons have meaningful access to its
programs, services, and activities. Contractor understands and agrees that
meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary, to ensure
effective communication.
iii. Agrees to consider the need for language services for LEP persons during
development of applicable budgets and when conducting programs, services,
and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the
grounds of race, color, or national origin, and limited English proficiency
covered by Title VI of the Civil Rights Act and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome.
II.The City must include the following language in every contract or agreement subject
to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or nation
origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the
Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title
VI also includes protection to persons with “Limited English Proficiency” in any
program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d
et seq., as implemented by the Department of the Treasury’s Title VI regulations,
Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made
a part of this contract or agreement.”
JJ.Contractor shall cooperate in any enforcement or compliance review activities by the
City, and/or the Department of the Treasury. Contractor shall comply with information
requests, on-site compliance reviews, and reporting requirements.
KK.Contractor shall maintain records and financial documents sufficient to evidence
compliance with section 603(c), regulations adopted by Treasury implementing those
sections, and guidance issued by Treasury regarding the foregoing.
LL.City has the right of access to records (electronic or otherwise) of Contractor in order
to conduct audits or other investigations.
MM.Contractor shall maintain records for a period of five (5) years after the completion
of the contract or a period of five (5) years after the last reporting date the City is
obligated with the Department of the U.S. Treasury, whichever is later.
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NN.Contractor must disclose in writing any potential conflict of interest in accordance
with Title 2 C.F.R. Section 200.112.
OO.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may
not discharge, demote, or otherwise discriminate against an employee in reprisal for
disclosing to any of the list of persons or entities provided below, information that the
employee reasonably believes is evidence of gross mismanagement of a federal
contract or grant, a gross waste of federal funds, an abuse of authority relating to a
federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the
following: (i) A member of Congress or a representative of a committee of Congress;
(ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury
employee responsible for contract or grant oversight or management; (v) An
authorized official of the Department of Justice or other law enforcement agency; (vi)
A court or grand jury; or (vii) A management official or other employee of Recipient,
subrecipient, contractor, or subcontractor who has the responsibility to investigate,
discover, or address misconduct. Subrecipient or Contractor shall inform its
employees in writing of the rights and remedies provided under this section, in the
predominant native language of the workforce.
PP. City and Contractor acknowledge that if additional federal guidance is issued, an
amendment to this Contract may be necessary. In the event any of the terms in this
Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall
control.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PA-AN, INC.
This Agreement is made and entered into as of MARCH 20, 2024, by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower,
290 North D Street, San Bernardino, CA 92401 (“City”), and PA-AN, INC. (Studio 6
Suites) with its principal place of business at 607 W 5th Street, San Bernardino, CA
92410 (hereinafter referred to as “Owners”). City and Owners are hereinafter sometimes
referred to individually as “Party” and collectively as the “Parties.”
RECITALS
1. In compliance with the Homelessness State of Emergency, which was
declared on February 1, 2023, the City is taking progressive steps to
mitigate homelessness.
2. Because the shelters in the City of San Bernardino are at full capacity, the
City has negotiated the use of up to 75 hotel/motel rooms from the Owner.
Hotel/Motel units will exclusively be used by the City’s Homeless Outreach
Team, Hope the Mission (hereinafter referred to as the “Authorized Service
Provider” and “HTM”). All referrals will come directly from the City’s
Authorized Service Provider, who will verify and provide homeless
certification for each participant referred to a motel for interim shelter.
3. The interim shelter will be utilized while the City constructs its navigation
center, which is estimated to take 10-12 months.
4. The goal of the interim shelter is to reduce the loss of life for unhoused
residents, increase access to mental health and substance abuse
treatment, eliminate street encampments, and enhance the safety and
hygiene of neighborhoods and parks for all residents, businesses, and
neighbors. Services will be low-barrier, trauma-informed, and data driven,
and must remain flexible to support the needs of individuals receiving
services, as well as to accommodate the limits of available local funds.
5. The City is a public agency of the State of California and is in need of
hospitality services for the following project:
Hotel/Motel Voucher Program (hereinafter referred to as “the
Project”). Participants of the City’s Hotel/Motel Voucher Program are to be
treated as any other hotel/motel customer and receive the same level of
standard amenities as any guest including clean linen and towels upon
request. As such, the hotel/motel owner(s) or designee (i.e., property
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manager) has the right to refuse service or to discharge a participant for
unlawful or unruly behavior that violates motel policy.
6. Owners are duly licensed and have the necessary qualifications to provide
such services.
7. The Parties desire by this Agreement to establish the terms for the City to
retain hotel/motel units and services provided by the Owner described
herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Owner shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “1” and incorporated herein by this
reference. Owner owns and operates a hotel/motel facility under the business name PA-
AN, INC. (STUDIO 6 SUITES) located at 607 W 5th Street, San Bernardino, CA 92410
(the “Hotel/motel”). Owner grants the City and its Authorized Service Provider the ability
to rent rooms in Owner’s Hotel/motel for interim shelter as outlined in the “Rate Schedule”
specified in Exhibit “B” of Exhibit 1. After an initial assessment, the Authorized Service
Provider will:
A. Certify the person(s) are homeless in the City of San Bernardino by any form
listed below:
1. Visual Contact In the field by the Contracted City outreach team, PD,
Code Enforcement, Public Works, or the Homeless Service
Coordinator.
2. Self-certification with document proof with ties to the City.
B. Create a screening to give priority to the elderly, families with children, and the
disabled. (will be done by the City outreach team)
C. Establish homeless certification and document properly in HMIS (will be done
by the City outreach team)
D. Develop Forms for the hotel/motel voucher process that are not easily
duplicated.
The client will bring in the form to the Hotel/motel to claim a room, within 24 hours
of receipt of the Voucher. The Hotel/motel management and HTM will always have a point
of contact for any issues that may arise during check-in or the client’s stay.
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2.1. General Grant. Owner grants the City and its Authorized Service
Providers to enter and use the Hotel/motel as described in Exhibit 1 to this Agreement.
City shall use the Hotel/motel solely for the purposes specified in Exhibit 1 of this
Agreement and for such lawful purposes as may be directly incidental thereto.
2.2. Condition of Premises. Owner has inspected the Hotel/motel and
warrants that the physical condition and the property is suitable for Hotel/motel
voucher referrals. Owner further warrants that the Hotel/motel is free from latent
defects and presence of hazardous materials. Owner further warrants that Owner
has the authority to enter into this Agreement and that there are no unknown
conflicts regarding title to the Hotel/motel. Additionally, Owner warrants that there
are no pending or threatened legal, administrative, arbitral or other proceedings,
claims, actions or governmental or regulatory investigations of any kind or nature
whatsoever pertaining to the Hotel/motel.
2.3. Eviction, Abandonment or Sale. In the case of the eviction of a
participant of the Project by anyone owning or obtaining title to the premises on
which the Hotel/motel is located, or the sale or abandonment by Owner of said
premises, Owner shall be liable to City for any damage of any nature whatsoever
or to refund any payment made by City to Owner hereunder, including the
proportionate part of any recurring rental charge which may have been paid
hereunder in advance.
3. Professional Practices. All professional services to be provided by Owner
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Owner warrants that Owner is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Owner’s
performance of this Agreement. Owner further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
in accordance with the Rates Schedule set forth in Exhibit “B” of Exhibit 1 and
incorporated herein by this reference.
b. In no event shall the total amount paid for services rendered by
Owner under this Agreement exceed the sum of $668,640. This amount is to cover all
related costs, and the City will not pay any additional fees for printing expenses. Invoicing
shall occur as provided in Section 1.9 of Exhibit 1.
c. No expense reimbursements, including, but not limited to,
reimbursements for travel, parking, lodging, and/or meals shall be paid to Owner unless
such expense reimbursements: (i) are specifically provided for and described by nature
and type in Exhibit “B”, below; (ii) appear on Owner’s monthly invoices to City; (iii) are
supported by the appropriate receipts and other such documentation as the City shall
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require; and (iv) are directly related to the Scope of Services to be performed under this
Agreement. In addition, any and all reimbursements shall be made in accordance with
any City policy governing same.
5. Additional Work. If changes in the work seem merited by Owner or the City,
and informal consultations with the other party indicate that a change is warranted, it shall
be processed in the following manner: a letter outlining the changes shall be forwarded
to the City by Owner with a statement of estimated changes in fee or time schedule. An
amendment to this Agreement shall be prepared by the City and executed by both Parties
before performance of such services, or the City will not be required to pay for the
changes in the scope of work. Such amendment shall not render ineffective or invalidate
unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Owner in writing. Annual increases shall not exceed the
percentage change in the Consumer Price Index- All urban consumers, All Items - (Series
ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12)
month period January through January immediately preceding the adjustments and be
subject to City’s sole discretion and approval (if needed) for budget funding by the City
Council.
6. Term. The Term of this Agreement is as provided in Section 1.7 of Exhibit
1.
7. Maintenance of Records; Audits.
a. Records of Owner’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Owner and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Owner shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Owner shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Owner shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
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materially affects the Owner’s performance and is one or more of the following: (1) Acts
of God or other natural disasters occurring at the project site; (2) terrorism or other acts
of a public enemy; (3) orders of governmental authorities (including, without limitation,
unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Owner to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Owner shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Owner shall assist the City, as requested, in obtaining
and maintaining all permits required of Owner by federal, state and local regulatory
agencies.
c. If applicable, Owner is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Owner’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with
the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Owner’s performance shall conform in all material
respects to the requirements of the Scope of Work, attached hereto as Exhibit “1” and
incorporated herein by this reference.
12. Conflicts of Interest. During the term of this Agreement, Owner shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate. Owner shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration
certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all
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other licenses, permits, qualifications, insurance, and approvals of whatever nature that
are legally required of Owner to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Owner shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or
so transfer without such consent shall be void and without legal effect and shall constitute
grounds for termination. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Owner from employing independent associates and subconsultants as Owner
may deem appropriate to assist in the performance of services hereunder.
15. Independent Owner. Owner is retained as an independent contractor and
is not an employee of City. No employee or agent of Owner shall become an employee
of City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
Any personnel performing the work governed by this Agreement on behalf of Owner shall
at all times be under Owner’s exclusive direction and control. Owner shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance
under this Agreement and as required by law. Owner shall be responsible for all reports
and obligations respecting such personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers’ compensation
insurance.
16. Insurance. Owner shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section.
In addition, Owner shall not allow any subcontractor to commence work on any
subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Owner’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Owner shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
Insurance Services Office Commercial General Liability
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coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Owner shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form
and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Owner certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Owner has employees at any time during the
term of this Agreement, at all times during the performance of the work under this
Agreement, the Owner shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Owner shall require all subconsultants to
obtain and maintain, for the period required by this Agreement, workers’ compensation
coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Owner
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an
amount indicated herein. This insurance shall be endorsed to include contractual liability
applicable to this Agreement and shall be written on a policy form coverage specifically
designed to protect against acts, errors or omissions of the Owner. “Covered
Professional Services” as designated in the policy must specifically include work
performed under this Agreement. The policy must “pay on behalf of” the insured and
must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Owner
shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system
breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of
malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
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Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $250,000 per occurrence and aggregate
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Owner shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualified
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Owner shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Owner shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled
or expires during the term of this Agreement, the Owner shall deliver renewal
certificate(s) including the General Liability Additional Insured Endorsement to the City
at least ten (10) days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Owner’s policy is primary insurance and
that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Owner shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Owner shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is
cancelled or not renewed; or C) if the policy is replaced by another claims-made policy
with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, independent contractors,
subcontractors, and volunteers or shall specifically allow Owner or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Owner hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants. Each policy of insurance shall be endorsed to reflect such waiver.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Owner from liability in excess of such coverage, nor shall it limit the Owner’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Owner, and any approval of said insurance by
the City, is not intended to and shall not in any manner limit or qualify the liabilities and
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obligations otherwise assumed by the Owner pursuant to this Agreement, including, but
not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by Owner
or City will withhold amounts sufficient to pay premium from Owner payments. In the
alternative, City may cancel this Agreement.
(iii) The City may require the Owner to provide complete copies
of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
l. Subconsultant Insurance Requirements. Owner shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required
under this section. Policies of commercial general liability insurance provided by such
subcontractors or subconsultants shall be endorsed to name the City as an additional
insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same
coverage. If requested by Owner, City may approve different scopes or minimum limits
of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Owner shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Owner, its officials, officers,
employees, subcontractors, Owners or agents in connection with the performance of the
Owner’s services, the Project, or this Agreement, including without limitation the payment
of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Owner's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, the City Council, members of the City
Council, its employees, or authorized volunteers. Owner’s indemnification obligation shall
survive the expiration or earlier termination of this Agreement.
b. If Owner’s obligation to defend, indemnify, and/or hold harmless
arises out of Owner’s performance as a “design professional” (as that term is defined
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under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Owner’s indemnification obligation shall
be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Owner in the performance of the
services or this Agreement, and, upon Owner obtaining a final adjudication by a court of
competent jurisdiction, Owner’s liability for such claim, including the cost to defend, shall
not exceed the Owner’s proportionate percentage of fault.
18. California Labor Code Requirements. Owner is aware of the requirements
of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California
Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements
on certain “public works” and “maintenance” projects. If the Services are being performed
as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, Owner agrees to fully comply with such Prevailing Wage Laws, if
applicable. Owner shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It shall be mandatory upon the Owner and all subcontractors to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages
(Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code
Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours
of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1).
19. Verification of Employment Eligibility. By executing this Agreement, Owner
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and
shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving thirty (30) calendar days’ written notice to Owner.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Owner the reasonable value of services rendered for any portion of the work completed
prior to termination. If said termination occurs prior to completion of any task for the
Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
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amount mutually agreed to by City and Owner of the portion of such task completed but
not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Owner shall not be entitled to
payment for unperformed services, and shall not be entitled to damages or compensation
for termination of work.
b. Owner may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement
through no fault of Owner.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Owner shall be responsible for its work and results
under this Agreement. Owner, when requested, shall furnish clarification and/or
explanation as may be required by the City’s representative, regarding any services
rendered under this Agreement at no additional cost to City. In the event that an error or
omission attributable to Owner’s professional services occurs, Owner shall, at no cost to
City, provide all other services necessary to rectify and correct the matter to the sole
satisfaction of the City and to participate in any meeting required with regard to the
correction.
24. Prohibited Employment. Owner shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
the property of the City.
27. Organization. Owner shall assign someone to act as a Primary contact to
engage with the City during the City’s Voucher Program. The Primary Contact shall not
be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
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29. Notice. Notice must comply with Section 1.10 of Exhibit 1.
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Owner.
31. Equal Opportunity Employment. Owner represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “1,” represents the
entire understanding of City and Owner as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises, or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Owner shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
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or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Owners. City reserves its right to employ other
Owners, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Owner maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Owner, to solicit or secure this Agreement. Further, Owner warrants that it has
not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Owner, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no official, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
44. Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus
Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal
Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this
Agreement. As applicable, Owner shall comply with all federal requirements including,
but not limited to, the following, all of which are expressly incorporated herein by
reference:
44.1 Sections 602 and 603 of the Social Security Act as added by Section
9901 of the American Rescue Plan Act of 2021 (the “Act”);
44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
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44.3 Treasury Compliance and Reporting Guidance for the Act;
44.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, other than such provisions as the
U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program
and subject to such exceptions as may be otherwise provided by the U.S. Department of
the Treasury;
44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and
Conditions; and
44.6 Federal contract provisions attached hereto as Exhibit “2” and
incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the
provisions stipulated in this Agreement. With respect to any conflict between such
federal requirements and the terms of this Agreement and/or the provisions of state law
and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PA-AN, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
Date:
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
PA-AN, INC.
Signature
Name
Title
Date:
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Exhibit 1
Scope of Work/Lease Option
Bridge to Placement Scope of work
1.1 Hotel/Motel Facility. Owner represents that it owns and operates one motel facility
under the name Studio 6 Suites located at 607 W 5th Street, San Bernardino, CA 92410
(“Hotel”). Owner represents that its ownership and operation of the Hotel is in full
compliance with all federal, state, and local laws, and shall so remain throughout the
entire term of this Agreement without interruption. The owner should provide the same
level of maintenance on all shelter rooms as he would provide to any guest. All utilities
and internet shall be covered and not a additional charge to shelter operator.
1.2 Authorized Service Providers. The homeless-service providers listed in Exhibit A to
this Exhibit 1 shall be referred to herein as “Authorized Service Providers.” City reserves
the right to revise the listed Authorized Service Providers (e.g., adding or deleting
homeless-service providers) by providing notice of such revision in writing.
Employees/agents of Authorized Service Providers, and only such persons, are hereby
authorized and shall have the right to request the lodging of persons being housed
pursuant to the Bridge to Placement (“Bridge to Placement”), check-in such participants
into the Hotel (subject to guest-room availability), incur room-rate charges payable by City
pursuant to this Agreement, and enter and use the Hotel as provided for in this
Agreement.
1.3 Check-in Procedures for Bridge To Placement Participants. Before checking-in a
Bridge to Placement Participant, the Owner shall ensure that an employee/agent of an
Authorized Service Provider is present at the Hotel to check-in such participant, and
Owner shall verify the employee/agent’s affiliation with the Authorized Service Provider
by requesting sufficient identification and documentation. Owner shall not require
identification from a Bridge to Placement Participant for any purpose, including check-in
or access to the Hotel. In addition to the name of the Bridge to Placement Participant
being checked-in, Owner shall document the name and contact information of the
Authorized Service Provider. Before check-in, Owner shall ensure that the
employee/agent of the Authorized Service Provider inspects, photographs, and
documents the condition of the guest room to be occupied by the Bridge to Placement, in
addition to the common area in the vicinity of such guest room. Notwithstanding anything
to the contrary herein, City shall have no liability or obligation, including without limitation
for the payment of room rates or any damages, for Hotel guests that were not physically
accompanied by an employee/agent of an Authorized Service Provider at check-in or if
Owner does not comply with the provisions of this Section 1.3.
1.4 Check-out of Bridge to Placement Participant. Before checking-out a Bridge to
Placement Participant, Owner shall ensure that an employee/agent of the Authorized
Service Provider that previously checked-in the participant is present at the Hotel to
check-out the participant, and Owner shall verify the employee/agent’s affiliation with the
Authorized Service Provider by requesting sufficient identification and documentation.
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Before check-out, Owner shall ensure that the employee/agent of the Authorized Service
Provider inspects, photographs, and documents the condition of the guest room
previously occupied by a Bridge to Placement Participant, in addition to the common area
in the vicinity of such guest room. If any Bridge to Placement Participant attempts to
check-out of the Hotel without being accompanied by an employee/agent of the
Authorized Service Provider that checked-in the participant, Owner shall immediately
notify the Authorized Service Provider and allow sufficient time, but in no event less than
twenty-four (24) hours, to permit an employee/agent of the Authorized Service Provider
to inspect, photograph, and document the condition of the guest room previously
occupied by the participant, in addition to the common area in the vicinity of such guest
room. Notwithstanding anything to the contrary herein, City shall have no liability or
obligation for the payment of any damages to Hotel property if Owner does not fully
comply with the provisions of this Section 1.4.
1.5. Access to and Use of Hotel by Authorized Service Providers.
Employees/agents of Authorized Service Providers, at City’s sole cost and expense, shall
have the right to book and occupy up to two (2) guest rooms at the Hotel for their own
use at any time during the Term of this Agreement. In the event the Authorized Service
Providers have not already exercised their right to book and occupy the two (2) guest
rooms and the Hotel is approaching full occupancy (approaching full occupancy means
90% occupancy or greater), Owner shall notify the Authorized Service Providers 72 hours
in advance and the Authorized Service Providers shall thereafter have 48 hours to notify
Owner that it will exercise the rights granted in this section. Owner acknowledges and
agrees that such rooms will be used primarily for office and administrative purposes in
connection with the Bridge to Placement Initiative and some furniture may be rearranged
accordingly. Authorized Service Providers shall also have the right to have personnel
onsite in any room reserved/leased by the Authorized Service Providers and in common
areas at the Hotel around-the-clock to provide oversight, security, and monitoring of
Bridge to Placement Participants staying at the Hotel.
1.6. Daily Room Rate. The all-inclusive daily room rate for City guests are identified in
Exhibit B. Under no circumstance shall Owner require, request, or receive payment of
any additional or separate amount from Authorized Service Providers or Bridge to
Placement Participants. Owner shall provide replacement guest-room keys to Bridge to
Placement Participants and employees/agents of Authorized Service Providers at
Owner’s sole cost and expense. City and Owner represent and agree that neither Party
shall receive any form of payment or other consideration, whether monetary or in-kind,
from Bridge to Placement Participants for access to or use of guest rooms, or for any
other reason or purpose. City shall not be responsible for the payment of room-rate
charges incurred by any Hotel guest other than Bridge to Placement Participants or
employees/agents of Authorized Service Providers whose occupancy at the Hotel fully
complies with each and every provision of this Agreement.
1.7. Term. The term of this Agreement (“Term”) shall commence on the date on which
the City Clerk of San Bernardino attests this Agreement and shall expire twelve (12)
months thereafter unless the term is extended or terminated earlier pursuant to provisions
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of this Agreement. City shall have one (1) option to extend the Term for a period of six (6)
months, commencing on the first day following the expiration of the Term. In order to
exercise the option, City must give written notice to Owner of such exercise no later than
thirty (30) days before the expiration of the Term. Notwithstanding any other provision
herein, City shall have the unilateral right to terminate this Agreement at any time for any
or no reason upon thirty (30) days’ written notice to Owner. City shall have no obligation
to pay for any charges incurred after this Agreement's expiration or termination. Expiration
or termination of this Agreement shall have no effect on City’s obligation to pay for
charges properly incurred during the Term hereof.
1.8. Holdover. In the event a Bridge to Placement Participant or employee/agent of an
Authorized Service Provider continues to occupy a guest room after the expiration of the
Term, including any extensions thereof, this Agreement shall be automatically extended
on a month-to-month basis subject to the terms and conditions in effect immediately
before the Term’s expiration. The month-to-month holdover shall continue until either
Party gives the other thirty (30) days’ prior written notice of its intention to terminate such
holdover.
1.9. Invoices. On a Monthly basis (), the Owner shall provide City with an invoice, along
with all supporting documents therefore, using the “Bridge to Placement Cover Sheet”
attached hereto as Exhibit C (as amended by City from time to time). Such invoice shall
be provided to City as an attachment to an email sent to housing@sbcity.org. Invoices
shall specify each guest room occupied by a participant of the bridge to placement
program. Guest Name, the check-in date of the guest, the number of days the room was
occupied thereby, Check-out date and the total amount of charges owed by City based
on the all-inclusive daily room rate set forth in Section 1.6. City shall pay such properly
detailed and supported invoices in arrears within forty-five (45) days from receipt thereof.
City’s obligation to pay such invoices is contingent on Owner providing City with all
information and documents necessary to process the invoices. Upon request, Owner shall
make available for inspection and copying all records and documents pertaining to this
Agreement, including without limitation invoices submitted and payments received. All
guest confirmation will be cross-referenced with providers master log of participants, to
verify the charge is from an enrolled participant/s of the shelter.
1.10. Notices. All notices and demands permitted or required to be given by either Party
to the other under this Agreement shall be in writing. Such notices and demands shall be
(a) personally delivered (including by means of professional messenger service); (b) sent
by United States Postal Service (“USPS”) registered or certified mail, postage prepaid,
return receipt requested; (c) sent by an alternate commercial overnight delivery service
(e.g., FedEx or UPS) with receiver’s signature required; or (d) sent by email, along with a
hard copy concurrently sent by means of USPS registered/certified mail or an alternate
commercial overnight delivery service. All notices and demands are effective upon
receipt. The Hotel’s name and physical address shall be included in all notices and
demands. All notices and demands shall be addressed as follows:
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To City:
City of San Bernardino
Housing and Homeless
Attention: Housing Department (Homeless Coordinator)
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Mail: 290 North D Street
San Bernardino, CA 92401
Email: housing@sbcity.org
PA-AN, INC.
Attention: Andy Patel
2042 W. Valley Blvd.
San Bernardino, CA 92408
Email: Andypatel909@gmail.com
1.11. Services, Utilities, and Supplies to be Furnished by Owner. Owner, at its sole
cost and expense, shall perform standard hotel services, including, without limitation the
following:
1.11.1. Keep and maintain the Hotel in good condition and repair, including without
limitation lighting fixtures, electrical systems, plumbing fixtures and systems,
HVAC filters and systems, mechanical systems, smoke detectors, elevators (if
any), and fire alarms, extinguishers, and sprinklers. Owner shall immediately notify
the Authorized Service Provider if there are any issues with the aforementioned
room conditions by providing notice as specified in section 1.10.
1.11.2. Furnish all standard utilities, including without limitation water (both hot and
cold), electricity, gas (if applicable), trash-disposal, and sewer services.
1.11.3. Perform standard housekeeping and custodial services (e.g., vacuuming
floors, dusting surfaces, cleaning bathrooms, and replacing toiletries) to guest
rooms occupied by Bridge to Placement Participants in accordance with the Hotel’s
standard practices, but in no event less than every three (3) days.
1.11.4. Provide fresh linens (e.g., bed sheets and bath towels) to guest rooms
occupied by Bridge To Placement Participants in accordance with the Hotel’s
standard practices, but in no event less than every three (3) days.
1.11.5. Maintain and repair guest-room furniture, fixtures, and equipment (e.g.,
beds, televisions, and refrigerators) that the Hotel typically provides to guests in its
regular course of business. To the fullest extent made available, offered, or
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furnished to other guests in the Hotel’s ordinary course of business, Owner shall
provide City guests with the following items, amenities, and services at no charge,
irrespective of whether Owner ordinarily charges therefor: (a) use of parking
spaces designated for Hotel guests twenty-four (24) hours a day, seven (7) days
a week; (b) access to basic cable television; (c) use of wireless internet services;
(d) keeping of pets in guest rooms; and (e) use of guest-room appliances (e.g.,
refrigerators and microwaves). Except those listed in the preceding sentence,
Owner shall not make available, offer, or furnish to City guests any item, amenity,
or service for which the Hotel charges amounts beyond those included in room
rates, including without limitation food, drinks, pay-per-view television, and room
service. Owner shall coordinate with the employee/agent of the Authorized Service
Provider checking-in a Bridge to Placement Participant to ensure that all such
items, amenities, and services are disabled, blocked, or removed from the guest
room before occupancy by a City guest. Under no circumstance shall City be
obligated to pay for any such additional charges, and Owner agrees not to charge
City for such services to the extent that the Owner provides them.
1.12. Prohibited Participant Conduct. Owner shall immediately alert the Authorized
Service Provider that checked-in a Bridge to Placement Participant (followed by written
notice to City) should the Owner determine that a Bridge to Placement Participant is doing
any of the following at the Motel:
1.12.1. Engaging in any illegal activity, including without limitation the use,
purchase, or sale of illegal drugs;
1.12.2. Damaging Hotel property;
1.12.3. Harassing or threatening Hotel staff, guests, or visitors, including without
limitation other Bridge to Placement Participants; or
1.12.4. Unreasonably interfering with Hotel staffs’ ability to perform standard hotel
services, including without limitation those specified in Section 1.11.
1.12.5 The Motel room is provided for the Participant(s), and only the approved
participant(s) will be allowed to stay in or occupy the motel room. Unapproved
guests found in the room will result in immediate removal of the guest.
1.13. No Recovery for Incidental Damages or Lost Profits. Neither Party shall be liable
for incidental, consequential, special, or indirect damages of any kind, including without
limitation loss of business, revenue, profits, reputation, or good will arising from or relating
to this Agreement. Irrespective of categorization (e.g., direct versus indirect), neither Party
shall be liable for loss of business, revenue, profits, reputation, or good will arising from
or relating to this Agreement.
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2.0 Post-occupancy Condition of Guest Rooms. At the conclusion of occupancy by a
City guest, the City shall deliver the guest room occupied by the participant in good order
and
condition as when received, except for the following:
(a) reasonable wear-and-tear;
(b) damages resulting from fire, earthquake, or other casualty;
(c) damages resulting from circumstances over which City or its officers,
employees, agents, contractors, or subcontractors had no control;
(d) damages caused by the acts, omissions, or conduct of Owner or its officers,
employees, agents, contractors, or subcontractors; or
(e) damages caused by the act, omissions, or conduct of third parties that are
unaffiliated with City or the Bridge to Placement Initiative.
All other damages to the Hotel caused by City or Bridge to Placement Participants shall
be repaired by Owner at City’s sole cost and expense pursuant to the terms and
conditions set forth in Section 2.1 and Section 2.2
2.1. Restoration of Premises. Subject to the exceptions set forth in Section 2.0 and
the limitations set forth in Section 2.2, City shall reimburse Owner for all costs and
expenses actually incurred and paid by Owner for restoration of the Hotel necessitated
by damages caused by City, its officers, employees, agents, contractors, or
subcontractors, or Bridge to Placement Participants. All restoration costs and expenses
shall be preapproved by City based on reasonable commercial-standard estimates. City
shall have the right to inspect the damaged property, verify to City’s satisfaction the cause
of such damage, and evaluate the reasonableness of the scope and dollar amount of the
proposed restoration. City shall not unreasonably delay, condition, or withhold its
preapproval. City shall have no obligation to reimburse Owner for costs and expenses
incurred without City’s preapproval. Owner’s failure to comply with the requirements set
forth in Section 1.3 (Check-in of Bridge to Placement) or Section 1.4 (Check-out of Bridge
to Placement Participants)—including without limitation Owner’s obligation to ensure that
employees/agents of Authorized Service Providers inspect, photograph, and document
the condition of guest rooms, in addition to the common area in the vicinity of such guest
rooms, at both check-in and check-out—shall relieve City of any obligation to reimburse
Owner for the proposed restoration under this Agreement or otherwise.
2.2 Avoidable Damages Not Recoverable. Notwithstanding anything to the contrary in
this Agreement or elsewhere, City shall have no obligation for the payment of any
damage, loss, injury, cost, or expense putatively caused by a Bridge to Placement
Participant if such damage, loss, injury, cost, or expense could have been avoided
altogether or mitigated to any extent through the Owner’s exercise of due care and its
compliance with the provisions of this Agreement, including without limitation Section 1.11
(Services, Utilities, and Supplies to be Furnished by Owner) and Section 1.12 (Prohibited
Participant Conduct).
2.3 Specific Performance. The Parties agree that City’s primary purpose and interest in
entering into this Agreement is to secure interim housing for persons experiencing
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homelessness. Accordingly, in any legal action for breach of this Agreement, City shall
have the right to pursue the remedy of specific performance, in addition to all other
remedies at law or equity. In the event of any action wherein the City seeks specific
performance of this Agreement, Owner shall waive the defense that a remedy at law
would be adequate.
2.4. Quiet Enjoyment. While keeping and performing covenants of this Agreement,
City shall peaceably and quietly hold and enjoy guest rooms occupied by Bridge to
Placement Participants without hindrance or interruption by Owner or any other persons
claiming by or under Owner (subject to any relevant provisions set forth in this
Agreement).
2.5. Casualty and Destruction. If fire, earthquake, or other casualty results in the total
destruction of the Hotel, this Agreement shall terminate automatically. If such casualty
renders ten percent (10%) or less of the Hotel unusable for the intended use, Owner shall
restore the premises as quickly as reasonably possible, but in any event within thirty (30)
days. If such casualty renders more than ten percent (10%) of the Hotel unusable but
does not constitute total destruction, Owner shall forthwith give notice to City of the
specific number of days required to restore the premises. If Owner does not give notice
within fifteen (15) days after such partial destruction, or if the notice specifies that
restoration will require more than ninety (90) days to complete from the notice date, City
shall have the right to elect either to terminate or continue this Agreement at City’s sole
and absolute discretion.
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Exhibit A
List of Authorized providers
HOPE THE MISSION
Attention: Ken Craft, CEO
16641 Roscoe Place
North Hills, CA 91343
Hotel Liaison: Elisabel Castillo
Sr. Regional Director of Programs
Hope the Mission
PO Box 7609
Mission Hills, CA 91346
Office: (818) 392-0020
Cell: (818) 916-0781
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Exhibit B
Rates Schedule
FUNDING AWARDS:
Permanent Local Housing Allocation Funds obligated.
Program Year 2024: $229,939
Coronavirus Aid, Relief, and Economic Security Act for the Community Development Block
Grant: $438,701
Month
RATE
1
Single
Number of
Rooms
RATE 2
Double
Number of
Rooms
Daily
Rate 1
w/tax
Daily
Rate 1
w/tax
Daily Rate
for All
Rooms
Monthly Total Range Not to Exceed
1 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
2 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
3 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
4 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
5 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
6 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
7 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
8 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
9 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
10 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
11 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
12 70 17 80 10 1190 800 1990 $33,320.00 $22,400.00 $55,720.00
NOT TO EXCEED TOTAL ANNUAL AMOUNT:$668,640.00
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Exhibit C
Payment Request Cover Sheet
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EXHIBIT 2
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Owner shall comply with all applicable federal laws
and regulations including, but not limited to, the federal contract provisions in this Exhibit “2”.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for
Breach; Termination for Cause/Convenience. The Contract Documents include remedies
for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this
Agreement meets the definition of a “federal assisted construction contract” in 41 CFR §
60-1.3, Owner agrees as follows during the performance of this Agreement:
(i) The Owner will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Owner will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Owner
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Owner will, in all solicitations or advertisements for employees
placed by or on behalf of the Owner, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(iii) The Owner will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to instances in
which an employee who has access to the compensation information of other employees
or applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the Owner's
legal duty to furnish information.
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(iv) The Owner will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives of the
Owner's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(v) The Owner will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(vi) The Owner will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Owner's noncompliance with the
nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or
orders, this Agreement may be canceled, terminated, or suspended in whole or in part
and the Owner may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Owner will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Owner will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event the Owner becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Owner may request the United States to enter into such
litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the City so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the Agreement.
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The City agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of the Owner and subcontractors
with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
City agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from
extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this
Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable
to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards
Act:
(i) Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours
in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (ii) of this section the Owner and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
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respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the Owner or subcontractor under any such contract or any
other Federal contract with the Owner, or any other federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the Owner, such
sums as may be determined to be necessary to satisfy any liabilities of Owner or
subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (iii) of this section.
(iv) Subcontracts. The Owner or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Owner shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this
Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract
or Agreement: If the Federal award meets the definition of “funding agreement” under 37
CFR § 401.2 (a) and the Owner wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or performance
of experimental, developmental, or research work under that “funding agreement,” the
Owner must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the
awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution
Control Act:
(i) Pursuant to the Clean Air Act, (1) Owner agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq., (2) Owner agrees to report each violation to the City
and understands and agrees that the City will, in turn, report each violation as required to
assure notification to the Federal awarding agency and the appropriate Environmental
Protection Agency Regional Office, and (3) Owner agrees to include these requirements
in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Owner
agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Owner
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agrees to report each violation to the City and understands and agrees that the City will,
in turn, report each violation as required to assure notification to the Federal awarding
agency and the appropriate Environmental Protection Agency Regional Office, and (3)
Owner agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt. 3000. As such Owner is required to verify that none of the Owner,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R.
§ 180.935).
(ii) Owner must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by
City. If it is later determined that Owner did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(iv) Owner warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Owner also agrees
to verify that all subcontractors performing work under this Agreement are not debarred,
disqualified, or otherwise prohibited from participation in accordance with the
requirements above. Owner further agrees to notify the City in writing immediately if
Owner or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Owner shall comply with section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of
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recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Owner shall make
maximum use of products containing recovered materials that are EPA-designated items
unless the product cannot be acquired: competitively within a timeframe providing for
compliance with the contract performance schedule; meeting contract performance
requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-
designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Owner also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Owner shall not contract (or extend or renew a contract) to procure
or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system funded under this Agreement. As described in Public
Law 115–232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government
facilities, physical security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided
by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation
with the Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or otherwise
connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
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(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for
Procurement:
(i) Owner shall, to the greatest extent practicable, purchase, acquire, or
use goods, products, or materials produced in the United States (including but not limited
to iron, aluminum, steel, cement, and other manufactured products). The requirements of
this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction
materials composed in whole or in part of nonferrous metals such as aluminum; plastics
and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Owner shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps
to assure that minority firms, women’s business enterprises, and labor surplus area firms
are used when possible and will not be discriminated against on the grounds of race,
color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority business, and
women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority business, and women's business
enterprises; and
(v) Using the services/assistance of the Small Business Administration
(SBA), and the Minority Business Development Agency (MBDA) of the Department of
Commerce.
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(c) Owner shall submit evidence of compliance with the foregoing affirmative
steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Owner shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of the Act,
Treasury’s regulations implementing that section, and guidance issued by Treasury
regarding the foregoing. Owner agrees to provide the City, Treasury Office of Inspector
General and the Government Accountability Office, or any of their authorized
representatives access to any books, documents, papers, and records (electronic an
otherwise) of the Owner which are directly pertinent to this Agreement for the purposes
of conducting audits or other investigations. Records shall be maintained by Owner for a
period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Owner agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to
section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.
Owner also agrees to comply with all other applicable federal statutes, regulations, and
executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2
C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180
and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated
by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.
Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
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(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting
Discrimination. Owner agrees to comply with statutes and regulations prohibiting
discrimination applicable to the CSLFRF program including, without limitation, the
following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)
and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or activities
receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794), which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101
et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial
assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
(d) False Statements. Owner understands that making false statements or
claims in connection with the CSLFRF program is a violation of federal law and may result
in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages
and penalties, debarment from participating in federal awards or contracts, and/or any
other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Owner may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of a
contract) or grant.
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(ii) The list of persons and entities referenced in the paragraph above
includes the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant
oversight or management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Owner, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order
13043, 62 FR 19217 (Apr. 18, 1997), Owner is encouraged to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles, and encourage its subcontractors to do the same.
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order
13513, 74 FR 51225 (Oct. 6, 2009), Owner should encourage its employees and
subcontractors to adopt and enforce policies that ban text messaging while driving, and
Owner should establish workplace safety policies to decrease accidents caused by
distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i) Owner ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial
of the benefits of, or subjection to discrimination under programs and activities receiving
federal funds, of any person in the United States on the ground of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury
Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as
Executive Order 13166; directives; circulars; policies; memoranda and/or guidance
documents.
(ii) Owner acknowledges that Executive Order 13166, “Improving
Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve
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access to federally assisted programs and activities for individuals who, because of
national origin, are limited in their English proficiency. Owner understands that the denial
of access to persons to its programs, services and activities because of their limited
proficiency in English is a form of national origin discrimination prohibited under Title VI
of the Civil Rights Act of 1964. Accordingly, Owner shall initiate reasonable steps, or
comply with Treasury’s directives, to ensure meaningful access to its programs, services
and activities to LEP persons. Owner understands and agrees that meaningful access
may entail providing language assistance services, including oral interpretation and
written translation where necessary to ensure effective communication in the Project.
(iii) Owner agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs,
services and activities. As a resource, the Department of the Treasury has published its
LEP guidance at 70 FR 6067. For more information on LEP, please visit
http://www.lep.gov.
(iv) Owner acknowledges and agrees that compliance with this
assurance constitutes a condition of continued receipt of federal financial assistance and
is binding upon Owner and Owner’s successors, transferees and assignees for the period
in which such assistance is provided.
(v) Owner agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Owner and the Owner’s
subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented
by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also extends
protection to persons with “Limited English proficiency” in any program or activity receiving
federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the
Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this contract (or agreement).
(vi) Owner understands and agrees that if any real property or structure
is provided or improved with the aid of federal financial assistance by the Department of
the Treasury, this assurance obligates the Owner, or in the case of a subsequent transfer,
the transferee, for the period during which the real property or structure is used for a
purpose for which the federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits. If any personal property is provided,
this assurance obligates the Owner for the period during which it retains ownership or
possession of the property.
(vii) Owner shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations.
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Enforcement may include investigation, arbitration, mediation, litigation, and monitoring
of any settlement agreements that may result from these actions. Owner shall comply
with information requests, on-site compliance reviews, and reporting requirements.
(viii) Owner shall maintain a complaint log and inform the Department of
the Treasury of any accusations of discrimination on the grounds of race, color, or national
origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964
and implementing regulations and provide, upon request, a list of all such reviews or
proceedings based on the complaint, pending or completed, including outcome. Owner
must also inform the Department of the Treasury if Owner has received no complaints
under Title VI.
(ix) Owner must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Owner and the
administrative agency that made the finding. If the Owner settles a case or matter alleging
such discrimination, Owner must provide documentation of the settlement. If Owner has
not been the subject of any court or administrative agency finding of discrimination, please
so state.
(x) If Owner makes sub-awards to other agencies or other entities,
Owner is responsible for assuring that sub-recipients also comply with Title VI and all of
the applicable authorities covered in this assurance.
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EXHIBIT 3
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL
GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the
American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal
Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly
known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any
and all ARPA requirements in addition to any and all applicable County, State, and
Federal laws, regulations, policies, and procedures pertaining to the funding of this
Contract. The use of the funds must also adhere to official federal guidance issued or to
be issued on what constitutes a necessary expenditure. Any funds expended by
Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA
requirements shall be returned or repaid to the City or County. Any funds paid to
Contractor i) in excess of the amount to which Contractor is finally determined to be
authorized to retain; ii) that are determined to have been misused; or iii) that are
determined to be subject to a repayment obligation pursuant to section 603(e) of the Act
and have not been repaid, shall constitute a debt to the federal government. Contractor
agrees to comply with the requirements of section 603 of the Act, regulations adopted by
Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing.
Contractor shall provide for such compliance in any agreements with subcontractor(s).
Contractor agrees to comply with the following:
A.In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the
non-Federal Contractor should, to the greatest extent practicable under a Federal
award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section
must be included in all subawards including all contracts and purchase orders for work
or products under this award. For purposes of this section: “Produced in the United
States” means, for iron and steel products, that all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States.
“Manufactured products” means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
B.In accordance with Title 2 C.F.R. Section 200.471, costs incurred for
telecommunications and video surveillance services or equipment such as phones,
internet, video surveillance, cloud servers are allowable except for the following
circumstances: Obligating or expending covered telecommunications and video
surveillance services or equipment or services (as described in Title 2 C.F.R. Section
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200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2)
Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the
equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i)
For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii)
Telecommunications or video surveillance services provided by such entities or using
such equipment; and (iii) Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in
consultation with the Director of the National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the government of a covered foreign country. In
implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph (1), heads of executive agencies administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected
businesses, institutions and organizations as is reasonably necessary for those
affected entities to transition from covered communications equipment and services,
to procure replacement equipment and services, and to ensure that communications
service to users and customers is sustained.
C.A non-Federal Contractor that is a state agency or agency of a political subdivision of
a state and its contractors must comply with section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
D.Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal
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contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier
must also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
E.Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants
of amounts in excess of $150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).
F.Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must
comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by
the awarding agency.
G.Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708).
Where applicable, all contracts awarded by the non-Federal Contractor in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as
supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40
U.S.C. Section 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements
of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that
no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous to health or safety. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
H.Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of
Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance
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with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week. The non-Federal contractor must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal Contractor must report all
suspected or reported violations to the Federal awarding agency. The contracts must
also include a provision for compliance with the Copeland “Anti-Kickback” Act (18
U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of
Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled. The non-Federal contractor must report all suspected
or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay
their employees and workers a wage not less than the minimum wage for the work
classification as specified in both the Federal and California wage decisions. See
Section 3.10.6 “Prevailing Wages” for additional information regarding California
Prevailing Wage Rate Requirements and the applicable general prevailing wage
determinations which are on file with the City and are available to any interested
party on request. The higher of the two applicable wage determinations, either
California prevailing wage or Davis-Bacon Federal prevailing wage, will be
enforced for all applicable work/services under this Contract.
I.Contracts for more than the simplified acquisition threshold, which is the inflation
adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C.
Section 1908, must address administrative, contractual, or legal remedies in instances
where Contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
J.All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal Contractor including the manner by which it will be
effected and the basis for settlement.
K.Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R.
Part 60, all contracts that meet the definition of “federally assisted construction
contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause
provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order
11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing
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regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor.” The identified clause is below
and Contractor shall comply with the clause and all legal requirements and include the
equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined in the
regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid
for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a grant, contract,
loan, insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives
of the contractor's commitments under this section, and shall post copies of the
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notice in conspicuous places available to employees and applicants for
employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
federally assisted construction work: Provided, That if the applicant so participating
is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not
participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing
compliance.
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The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may
take any or all of the following actions: Cancel, terminate, or suspend in whole or
in part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
L.Data Collection Requirements – Contractor agrees to collect pre-post data per City,
and United States Treasury guidelines and timeline, for project tracking and
monitoring and various reporting purposes. Data including, but not limited to:
Required Project Demographic Distribution Data; Required Performance Indicators
and Programmatic Data; Required Expenditure Report Data; and Required Program
Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and
reportable database - retrievable collective data that needs to be available to County,
State or Federal governments upon request.
M.Data Submission Requirements - Contractor agrees to furnish data to the City upon
request, per City, and United States Treasury guidelines and timeline, for project
tracking and monitoring and various reporting purposes. Data including, but not
limited to: Required Project Demographic Distribution Data; Required Performance
Indicators and Programmatic Data; Required Expenditure Report Data; Required
Program Evaluation Data. Contractor agrees to track and monitor data in a
quantifiable and reportable database - retrievable collective data that needs to be
available at request.
N.Project Progress Reporting - Contractor agrees to provide project timeline and
progress updates to the City upon request, per County, and United States Treasury
guidelines and timeline. Contractor agrees to routine and impromptu program and
project evaluation by the City.
O.Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control),
Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and
management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these
sections currently exist or may be amended. The use of funds must also adhere to
official federal guidance issued or to be issued on what constitutes an eligible
expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner
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that does not adhere to official federal guidance shall be returned to the County.
Contractor agrees to comply with all official guidance regarding the ARPA CLFRF.
Contractor also agree that as additional federal guidance becomes available, an
amendment to this Contract may become necessary. If an amendment is required,
Contractor agrees to promptly execute the Contract amendment.
P.Contractor shall retain documentation of all uses of the funds, including but not limited
to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section
200.334 (retention requirements for records). Such documentation shall be produced
to City upon request and may be subject to audit. Unless otherwise provided by
Federal or State law (whichever is the most restrictive), Contractor shall maintain all
documentation connected with its performance under this Contract for a minimum of
five (5) years from the date of the last payment made by City or until audit resolution
is achieved, whichever is later, and to make all such supporting information available
for inspection and audit by representatives of the City, the State or the United States
Government during normal business hours at Contractor. Copies will be made and
furnished by Contractor upon written request by City.
Q.Contractor shall establish and maintain an accounting system conforming to Generally
Accepted Accounting Principles (GAAP) to support Contractor’s requests for
reimbursement which segregate and accumulate costs of Contractor and produce
monthly reports which clearly identify reimbursable costs, matching fund costs (if
applicable), and other allowable expenditures by Contractor. Contractor shall provide
a monthly report of expenditures under this Contract no later than the 20th day of the
following month.
R.Contractor shall cooperate in having an audit completed by City, at City’s option and
expense. Any audit required by ARPA CLFRF and its regulation and United States
Treasury guidance will be completed by Contractor at Contractor’s expense.
S.Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is
determined by subsequent audit to be unallowable under the ARPA CLFRF within the
time period required by the ARPA CLFRF, but no later than one hundred twenty (120)
days of Contractor receiving notice of audit findings, which time shall include an
opportunity for Contractor to respond to and/or resolve the findings. Should the
findings not be otherwise resolved and Contractor fail to reimburse moneys due City
within one hundred twenty (120) days of audit findings, or within such other period as
may be agreed between both parties or required by the ARPA CLFRF, City reserves
the right to withhold future payments due Contractor from any source under City’s
control.
T.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable and subject to such exceptions as may be otherwise
provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act, shall apply.
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U.Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.
V.Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part
170.
W.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R.
Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19.
Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award
(see 2 C.F.R. Section 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement
Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part
1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
X.Recipient Integrity and Performance Matters, pursuant to which the award terms set
forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Y.Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z.New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. Sections 4601-4655) and implementing regulations.
BB.Applicable Federal environmental laws and regulations.
CC.Statutes and regulations prohibiting discrimination include, without limitation, the
following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and
Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.), which prohibits discrimination in housing on the basis
of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section
794), which prohibits discrimination on the basis of disability under any program
or activity receiving federal financial assistance.
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iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et
seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
Sections 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
DD.Contractor understands that making false statements or claims in connection with
the ARPA funded activities is a violation of federal law and may result in criminal, civil,
or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and/or any
other remedy available by law.
EE.Any publications produced with ARPA funds must display the following
language: “This project [is being] [was] supported, in whole or in part, by federal award
number SLT-0628 awarded to San Bernardino County by the U.S. Department of
Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is
being encouraged to adopt and enforce on-the-job seat belt policies and programs for
their employees when operating company-owned, rented, or personally owned
vehicles.
GG.Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is
being encouraged to adopt and enforce policies that ban text messaging while driving
and establishing workplace safety policies to decrease accidents caused by distracted
drivers.
HH.As a recipient of federal financial assistance, the Civil Rights Restoration Act of
1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities
receiving federal funds, of any person in the United States on the ground of
race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at Title 31
C.F.R. Part 22 and other pertinent executive orders such as Executive Order
13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin,
have Limited English proficiency (LEP). Contractor understands that denying
a person access to its programs, services, and activities, because of LEP is a
form of national origin discrimination prohibited under Title VI of the Civil Rights
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Act of 1964 and the Department of the Treasury’s implementing regulations.
Contractor shall initiate reasonable steps, or comply with the Department of the
Treasury’s directives, to ensure LEP persons have meaningful access to its
programs, services, and activities. Contractor understands and agrees that
meaningful access may entail providing language assistance services,
including oral interpretation and written translation where necessary, to ensure
effective communication.
iii. Agrees to consider the need for language services for LEP persons during
development of applicable budgets and when conducting programs, services,
and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the
grounds of race, color, or national origin, and limited English proficiency
covered by Title VI of the Civil Rights Act and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome.
II.The City must include the following language in every contract or agreement subject
to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or nation
origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the
Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title
VI also includes protection to persons with “Limited English Proficiency” in any
program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d
et seq., as implemented by the Department of the Treasury’s Title VI regulations,
Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made
a part of this contract or agreement.”
JJ.Contractor shall cooperate in any enforcement or compliance review activities by the
City, and/or the Department of the Treasury. Contractor shall comply with information
requests, on-site compliance reviews, and reporting requirements.
KK.Contractor shall maintain records and financial documents sufficient to evidence
compliance with section 603(c), regulations adopted by Treasury implementing those
sections, and guidance issued by Treasury regarding the foregoing.
LL.City has the right of access to records (electronic or otherwise) of Contractor in order
to conduct audits or other investigations.
MM.Contractor shall maintain records for a period of five (5) years after the completion
of the contract or a period of five (5) years after the last reporting date the City is
obligated with the Department of the U.S. Treasury, whichever is later.
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NN.Contractor must disclose in writing any potential conflict of interest in accordance
with Title 2 C.F.R. Section 200.112.
OO.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may
not discharge, demote, or otherwise discriminate against an employee in reprisal for
disclosing to any of the list of persons or entities provided below, information that the
employee reasonably believes is evidence of gross mismanagement of a federal
contract or grant, a gross waste of federal funds, an abuse of authority relating to a
federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the
following: (i) A member of Congress or a representative of a committee of Congress;
(ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury
employee responsible for contract or grant oversight or management; (v) An
authorized official of the Department of Justice or other law enforcement agency; (vi)
A court or grand jury; or (vii) A management official or other employee of Recipient,
subrecipient, contractor, or subcontractor who has the responsibility to investigate,
discover, or address misconduct. Subrecipient or Contractor shall inform its
employees in writing of the rights and remedies provided under this section, in the
predominant native language of the workforce.
PP. City and Contractor acknowledge that if additional federal guidance is issued, an
amendment to this Contract may be necessary. In the event any of the terms in this
Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall
control.
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Page 1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya , City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Accept 2022 Homeland Security Grant (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California Adopt Resolution No 2024-042:
1. Authorizing the acceptance of the 2022 Homeland Security Grant Program funds
and
2. Amending the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by
$38,521
Executive Summary
The City of San Bernardino receives formulary grant funds for the Homeland Security
Grant Program (HSGP) each year. The award for the Fiscal Year 2022 program was
$38,521. The Police Department will use the funds to support projects that will help it
prevent and/or respond to terrorism-related events.
Background
The City of San Bernardino is a participating jurisdiction in the Homeland Security
Grant Program. The purpose of the grant program is the support of state, local,
tribal, and territorial jurisdictions in the efforts toward preventing, protecting against,
mitigating, responding to, and recovering from acts of terrorism or other threats. The
Police Department is responsible for this grant and has previously used HSGP funds
to improve its response capabilities toward terrorism-related events. The City
received $38,521 in funds for the Fiscal Year 2022 HSGP grant.
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Discussion
The San Bernardino Police Department receives non-competitive formulary HSGP
funds as a sub-recipient of the County of San Bernardino. The County charges an
administrative fee of 5% and distributes the remaining grant funds among the cities
and towns within the County. Each city’s portion is determined on a per capita basis
and the City of San Bernardino’s award for FY2022 HSGP funds was $38,521.
The HSGP grant is designed to fund projects related to preparing for, responding to,
mitigating, and recovering from terrorism or other threats to homeland security. This is
a reimbursement grant that is awarded each year. The grant performance period will
last from July 1, 2023, through March 31, 2025. The Police Department will use the
grant funds to complete grant projects that comply with grant terms and goals.
2021-2025 Strategic Targets and Goals
This request to authorize the receipt and expenditure of Fiscal year 2022 HSGP funds
aligns with Key Target No. 1. Improved Operational and Financial Capacity: c.
Implement, maintain, and update a fiscal accountability plan.
Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, Adopt Resolution No 2024-042:
1. Authorizing the acceptance of the 2022 Homeland Security Grant Program funds
and
2. Amending the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by
$38,521
FINANCIAL
DATA
Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost:
COST $ 38,521 $ 0 $ 38,521 $ 0
GENERAL
FUND
SHARE
$ 0 $ 0 $ 0 $
SOURCE OF FUNDS:
The additional funds will be supplied by the
FY 2022 HSGP Grant.
Budget Adjustment:
Yes
For Fiscal Year: 23/24
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Attachments
1. Attachment 1 Resolution No 2024-042
2. Attachment 2 HSGP Grant Agreement Documents
Ward:
All Wards
Synopsis of Previous Council Actions:
July 19, 2023 Mayor and City Council adopted Resolution No. 2023-106 to
accept FY 21HSGP grant funds
January 19, 2022 Mayor and City Council adopted Resolution No. 2022-08 to
accept FY20 HSGP grant funds
February 5, 2020 Mayor and City Council adopted Resolution No. 2020-29 to
accept the FY28 HSGP grant funds
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Resolution No. 2024-042
Resolution 2024-042
March 6, 2024
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RESOLUTION NO. 2024-042
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF THE 2022
HOMELAND SECURITY GRANT PROGRAM FUNDS AND
AMENDING THE FISCAL YEAR 2023/24 ADOPTED
BUDGET REVENUE AND EXPENDITURES BY $38,521.
WHEREAS, The City of San Bernardino is a participating jurisdiction in the Homeland
Security Grant Program (HSGP) and has used funds from the program to purchase equipment that
enables the City to better prevent, protect against, mitigate, respond to, and recover from acts of
terrorism or other threats; and
WHEREAS, on December, 7 2023, the Police Department received notification that the
City was awarded $38,521 in HSGP funds from the Fiscal Year 2022 grant project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized to accept the Fiscal
Year 2022 HSGP grant in the amount of $38,521 and execute any documents as may be necessary
to accept grant funds.
SECTION 3. The Director of Finance and Management Services is hereby authorized to
amend the FY2023/24 Adopted Budget , appropriating $38,521 in revenue and expenditure.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-042
Resolution 2024-042
March 6, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-042
Resolution 2024-042
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-042, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of March 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Amanda Hernandez, Economic Development Division Manager
Economic Development
Round Two American Rescue Plan Act-Funded Small
Business Grant Program (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the remaining $425,000 for small business grants of $2,500 and
$5,000.
Executive Summary
This is the second round of funding for the American Rescue Plan Act-Funded Small
Business Grant Program allocating $425,000 towards grants ranging from $2,500 to
$5,000.
Background
The City of San Bernardino was awarded $77 million under the American Rescue Plan
Act (ARPA). The City received $38.5 million in May 2021, with the remainder of the
funds to be received in 2022. Treasury issued the final ARPA guidance for the use of
the funds on January 6, 2022, providing clarification on allowable investments, but
generally not expanding the list of eligible projects and programs. The City is working
within the guidance, focusing on investments in Qualified Census Tracts (QCTs)
and other priority investments.
Within the allowable investments includes assistance for small businesses that can
demonstrate a negative impact from COVID-19. In February 2022, Council requested
that staff evaluate a small business/non-profit grant program. At the February 2,
2022, Council Meeting, Council unanimously approved Resolution No. 2022-26
allocating $3,000,000 for grant program funding.
Providing assistance to small businesses that can demonstrate a negative impact
from the COVID-19 pandemic is specifically allowed under the ARPA Treasury
guidelines and is a priority of Council. The guidelines provide foundational criteria
for such a
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program, which can be viewed in Attachment 2 or Agenda Item 8727 from Council
meeting February 2, 2022. Council may develop a more restrictive, but not less
restrictive, definition for the program.
In 2022, City staff received and took Council’s direction to develop a Round One small
business and non-profit grant assistance program for San Bernardino based
organizations. In collaboration with the Inland Empire Small Business Development
Center (SBDC), staff crafted a framework for grant assistance to businesses and
organizations that were negatively impacted by COVID-19 or are qualified as an
“underserved small business group.” In order to promote the greatest small business
and non-profit support, the program required applicants to participate in business
training offered by SBDC.
As part of the first round of funding, the City of San Bernardino awarded $2,575,000 in
grants to 105 local small businesses and non-profits as part of a grant program to
support organizations impacted by the pandemic. Individual grant amounts ranged
from $10,000 to as much as $35,000, per Council’s February 2, 2022, direction. A total
of 87 local small businesses and 18 non-profit organizations received grants.
Discussion
Small Business Grant Assistance
There is $425,000 remaining to be awarded in this second-round program. The
second round of funding will provide grants at a lower award amount in order to capture
the small businesses that were not eligible or did not receive funding in the first round
of funding. With the Council’s July 19, 2023, direction, staff created guidelines that
capture small businesses that make less than the $50,000 annual revenue required for
the $10,000 base level of funding in the first round. The goal with the second round of
the program is to provide an opportunity for funding to the businesses that were either
not eligible or unable to receive a grant in the first round.
Award Amount
For Profit Small Business - $2,500 - $5,000
ELIGIBLE BUSINESS GROSS REVENUE
(2019, 2020, 2021, or 2022 taxable year)
GRANT AWARD AVAILABLE PER
BUSINESS
Annual gross revenue under $50,000 $2,500
Annual gross revenue equal or greater
than $50,000 up to $2,500,000
$5,000
Eligibility
All eligible businesses are invited to apply. Businesses which have previously received
alternative sources of funding such as the Economic Injury Disaster Loan (EIDL),
Paycheck Protection Program (PPP) Loan, State, or County of San Bernardino grants
are eligible to apply. An applicant is ineligible for funding if they received funding in the
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City first-round ARPA-funded grant program, or if the business will receive or received
funding the City’s future ARPA-funded facade improvement program. An eligible
business shall receive only one source of funding from the available City ARPA-funded
small business assistance grant programs.
The program is based on the availability of funds, program guidelines and submission
of all required information and supporting documentation. Small businesses, including
home-based businesses, with a maximum of five hundred (500) employees (full and
part-time) may be eligible to receive a working capital grant after attending one (1)
mandatory, free, one-on-one consulting session. Additionally, the grant may be used
for working capital to cover the day-to-day business operating expenses such as
rent/lease payments, mortgage payments, payroll and benefit costs, utility expenses,
inventory, Personal Protection Equipment (PPE) or other similar expenses that occur
in the ordinary course of operations.
Applications to the grant program will be made available via the Small Business
Development Center's online form on Wednesday, May 1, 2024, via the City’s
Economic Development website.
Marketing
Staff plans to market this opportunity to the eligible business community through
various methods, including:
•Digital
o Flyers, brochures, and digital media will be shared across all digital
platforms available, including Instagram, Facebook, email-newsletters,
website articles, and more.
•Physical
o Staff will connect with business resource groups at in-person meetings to
share the opportunity and how to apply to the program. Staff will also
advertise the opportunity with door-to-door outreach in key commercial
nodes.
•Mail
o Staff will collaborate with Water Department billing to use mail efforts to
notify businesses of the opportunity and provide resource information.
2021-2025 Strategic Targets and Goals
The use of the American Rescue Plan Funds as outlined aligns with Key Target No.
3. Improved Quality of Life by investing in projects and services that positively impact
health, access to shelter and services, and improve the outdoor and built environment
in the San Bernardino community; and Key Target No. 4. Economic Growth and
Development by investing in economic development of local San Bernardino-based
businesses.
Fiscal Impact
There is no General Fund fiscal impact associated with the use of American Rescue
Plan funds.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the remaining $425,000 for small business grants of $2,500
and $5,000.
Attachments
Attachment 1 City of San Bernardino Round Two Small Business Grant
Guidelines
Attachment 2 US Treasury ARPA Guidelines
Attachment 3 Round Two City of San Bernardino Small Business Grant
PowerPoint Presentation
Ward:
All Wards
Synopsis of Previous Council Actions:
August 4, 2021 Mayor and City Council received a report and discussed the
allocation of American Rescue Plan funds.
October 20, 2021 Mayor and Council committed American Rescue Plan funds
to eligible projects and programs, and amended the 2021/22
Budget by $8,160,000. Resolution 2021-247
February 2, 2022 Mayor and Council committed American Rescue Plan funds
to eligible projects and programs. Resolution 2022-26.
September 21, 2022 Mayor and Council approved Round One Small Business and
Non-Profit Training & Grant Program Guidelines
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San Bernardino American Rescue Plan
Act (ARPA) Program
COVID-19 Related
Small Business Grant Program
Round Two
Guidelines
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City of San Bernardino
Small Business Grant Program, Round Two 2023
Page 2 of 9
Program Overview
About the Program
As part of the American Rescue Plan Act (ARPA) initiative, the City of San Bernardino (the City)
has partnered with the Inland Empire Small Business Development Center (SBDC) to offer the
Small Business Grant Program, Round Two (Grant Program). The Grant Program will provide
free consultations and funding to small businesses needing financial assistance in overcoming the
loss of revenue due to the COVID-19 pandemic. All eligible businesses are invited to apply.
Businesses which have previously received alternative sources of funding such as the Economic
Injury Disaster Loan (EIDL), Paycheck Protection Program (PPP) Loan, State, or County of San
Bernardino grants are eligible to apply. Businesses that received grant funding during the first
round of the San Bernardino ARPA-Funded grant program are not eligible to apply. The program
is based on the availability of funds, program guidelines, and submission of all required information
and supporting documentation. Small businesses, including home-based businesses, with a
maximum of five hundred (500) employees (full and part-time) may be eligible to receive a
working capital grant after attending a free, mandatory, one-on-one consulting session with SBDC.
The grant may be used for working capital to cover the day-to-day business operating expenses
such as rent/lease payments, mortgage payments, payroll and benefit costs, utility expenses,
inventory, Personal Protection Equipment (PPE) or other similar expenses that occur in the
ordinary course of operations.
Funding Availability
In May 2021, the U.S. Department of Treasury allocated funds from the American Rescue Plan
Act of 2021 (ARPA) to the City of San Bernardino for COVID-19 response, relief, and
reinvestment. The City Council allocated up to three million dollars ($3,000,000) for the Small
Business & Non-Profit Training & Grant Program. In the first round of funding, $2,575,000 was
successfully issued in grants to 87 local small businesses and 18 non-profit organizations. The
$425,000 in remaining funds will be used for this Round Two Grant Program for small businesses.
These funds are to be used to mitigate financial hardship caused by declines in revenues due to the
COVID-19 public health emergency.
The City’s Economic Development Department will be responsible for oversight of the Grant
Program and disbursement of funds will take place through the City’s Finance Department. The
City’s Program Partner, the SBDC, will be responsible for program administration, application
processing, one-on-one consulting, and for review and approval of financial and business
documentation for disbursement approval. City staff are obligated to fulfill the terms and
conditions of the funds as established by the City Council, these program guidelines, and Federal,
State, and local rules and regulations.
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City of San Bernardino
Small Business Grant Program, Round Two 2023
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Grant Award
•For Profit Small Business - $2,500 - $5,000
ELIGIBLE BUSINESS GROSS
REVENUE (2019, 2020, 2021, or 2022
taxable year)
GRANT AWARD AVAILABLE PER
BUSINESS
Annual gross revenue under $50,000 $2,500
Annual gross revenue equal or greater
than $50,000 up to $2,500,000
$5,000
Program Description
The Small Business Grant Program, under SBDC’s leadership and training, is aimed at assisting
small businesses with driving their organizations to the next level. During the free business
consultation period, business owners will work on putting together their path towards growth as
they evaluate and develop their metrics, benchmarks, teams, financials, triggers, and strategies to
reach the next level of growth. Trainees will learn how to de-risk expansion and get involved in
proactive growth.
Program Structure
●Completion of one (1) mandatory 1:1 free business consultation meeting with an SBDC
consultant as part of this program (no previous 1:1 consultation with SBDC may substitute)
City Reserved Rights
The City reserves the unqualified right, in its sole and absolute discretion at any time: (1) to amend
or terminate this program with no recourse for any proposing applicant; (2) to choose or reject any
or all applications received in response to this program; (3) to modify the application deadlines;
(4) to request additional information of the applicants as deemed necessary and appropriate by the
City; (5) to conduct further due diligence with applicants or any third party; (6) to modify the City's
objectives or the scope of the program; (7) to modify program requirements, general terms and
conditions, or eligible activities; and/or (8) to disqualify any proposing applicant on the basis of
any real or perceived conflict of interest that is disclosed or revealed by materials submitted or by
any data available to the City.
Eligibility
To be eligible to apply for the Small Business Grant Program, a business must meet certain criteria
that has been established by the City of San Bernardino and the guidelines set forth by the U.S.
Department of Treasury for utilizing ARPA funds. The business must also demonstrate the need
for financial support resulting from the loss of revenue due to the impact of COVID-19.
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City of San Bernardino
Small Business Grant Program, Round Two 2023
Page 4 of 9
General Terms and Conditions
The business applicant must meet the following minimum requirements to be considered for grant
funding:
1) The business must be physically located in the City of San Bernardino;
2) Be a “small business” defined as having fewer than 500 employees, OR be a “home-based
business,”
a) The Applicant acknowledges and agrees that if the Applicant receives a grant and the
Applicant’s organization ceases to operate, the Applicant may be subject to return all or
any portion of such grant.
3) Residential or real estate projects including short-term rental operators and real estate
agents, car washes, storage facilities, smoke shops, adult stores, and gas stations are not
eligible;
4) Have an active San Bernardino Business License and/or Home Occupation Permit since at
least May 11, 2023 (The federal COVID-19 public health emergency declaration ended on
May 11, 2023), or prior at the time of the application;
5) The business must be in good standing with the City (current on bills, no liens or
judgements, etc.), unless directly correlated to COVID-19 impacts;
6) The business must not be suspended or debarred or otherwise excluded from receiving
Federal funding;
7) The business must complete the required consultation;
8) The business must submit the application and all required supporting documentation; and
9) The business applicant must certify that they were negatively impacted by the COVID-19
pandemic. Examples of a business being negatively affected by the pandemic include, but
are not limited to:
a) A decrease of 25% or greater in sales.
b) The business has had to lay off at least one of its employees (Full or Part time).
c) One or more of the employees in the business have contracted COVID-19, while at
work.
d) Qualified as an “underserved small business group” (if this is satisfactorily met, no
other hardship must be provided).
i) Women, minorities (people of color), veteran-owned business where the majority
(at least 51%) of the business is owned and run on a daily basis by said group(s)
ii) Businesses operating in “low-to-moderate income (LMI)” or “qualified census
tract” communities
(1) “Low-to-Moderate Income (LMI)” or “qualified census tract” means any
census tract (or equivalent geographic area defined by the Bureau of the
Census) in which at least 50% of households have an income less than 60
percent of the Area Median Gross Income (AMGI), or which has a poverty rate
of at least 25%.
* City employees and elected and appointed officials are not eligible to participate in this program.
Packet Page. 645
City of San Bernardino
Small Business Grant Program, Round Two 2023
Page 5 of 9
Eligible Activities
Eligible activities for the use of funds should be used to cover fixed expenses for the business. The
primary fixed expenses include such items as rent or mortgage expense, utilities, inventory, payroll
and benefit costs, PPE, or other operational expenses for the business. Applicants will fill out a
section of the application form that will breakdown how the funds will be spent within their
business (“Spending Plan”). Each applicant will need to sign and verify that the use of funds will
be spent on business expenses, such as those expressed above. Any use of funding other than that
to support the business is strictly prohibited and may result in the applicant being subject to return
all or any portion of such grant.
Eligible expenses are considered necessary expenditures that provide economic support in
connection with the COVID-19 public health emergency. In the event a business does not expend
the funds in the manner consistent with the Spending Plan as outlined in the application or does
not expend the entire grant amount, the business will be required to submit a report to the City no
later than December 31, 2024, identifying how the funds were spent. If there is a remaining
balance, the business may be required to return the funds to the City.
The following is a nonexclusive list of expenditures that shall not constitute Eligible Expenses
payable from the grant amount:
(1) Damages covered by insurance.
(2) Expenses that have been or will be reimbursed or recovered through other funding
programs, such as the reimbursement by the federal government pursuant to the
CARES Act or contributions by States to State unemployment funds.
(3) Reimbursement to donors for donated items or services.
(4) Workforce bonuses other than hazard pay or overtime.
(6) Severance pay.
(6) Legal expenses or settlements.
(7) Debt service or loan repayment.
Equal Opportunity Policy
The City of San Bernardino and the SBDC shall not discriminate upon the basis of sex, age, race,
creed, color, religion, national origin, marital status, ancestry, or physical handicap in accepting
applications and processing program applications.
Application Process
Application
The Small Business Grant Program, Round Two application includes information about the small
business, the number of employees in the business, location of the business, amount of time in
business, a Spending Plan, and demographic questions of the owner. The application and Grant
Agreement will require the following Attestations:
Packet Page. 646
City of San Bernardino
Small Business Grant Program, Round Two 2023
Page 6 of 9
• The business was negatively impacted by the COVID-19 pandemic.
• As of a minimum of six months prior to application, the small business, including home-
based businesses, has a maximum of five hundred (500) employees (full and part-time); and
is operating within city limits.
• Certification that the business is able to produce financial records to show the economic
losses, if requested.
• Certification that financial loss and grant amount spending records will be available for audit
when requested. The business must maintain records through December 31, 2029.
Application Period
The business grant application will be available in English and Spanish starting at 9:00 am on
Wednesday, May 1, 2024. Applicants must apply for the grant program by visiting
https://www.sbcity.org/city_hall/community_economic_development/economic_development
and submitting the application online through the SBDC portal.
The City anticipates the number of applications will exceed the amount of funding available for
disbursement. The City will disburse grants until all funds are depleted.
Applications will be received on a first-come, first-serve basis. Eligible applicants will be notified
immediately after their eligible SBDC consultation is completed and will then be asked to submit
any remaining required business and financial documentation for review and verification. Once
applications have been pre-approved based on eligibility, they will be assigned priority for award
upon completion of all requirements. Completion of the mandatory consultation and completed
submission of requested documentation constitutes the applicant’s first-come, first-serve priority
in being selected to receive funding.
Documentation Requirements
The applicant will be required to submit the following documents for review and verification in
order to receive the grant:
•Complete grant application;
•An acceptable form of government-issued photo ID provided as a PDF only;
•Certificate of Insurance;
•Current copy of San Bernardino City Business License and license number;
•W-9;
•The most recent monthly bank statement;
•Most recent federal tax return filed, and tax return used for proof of revenue;
•Planned use of funds form (Spending Plan);
•A signed City of San Bernardino Small Business Grant Agreement, which includes
business impact statement and self-certification;
•Information about the small business, including but not limited to, the number
of employees, location, demographics of owner, and identification of an owner;
and
•Acknowledgment and self-certification of the program requirements and
documentation should they be selected to proceed in the application process.
Packet Page. 647
City of San Bernardino
Small Business Grant Program, Round Two 2023
Page 7 of 9
In addition, applicants must self-certify:
For for-profit businesses:
The Applicant understands that it is ineligible to receive a grant under the
Program if any owner of greater than 10% of the equity interest in the Applicant:
(i) has within the prior three-years been convicted of or had a civil judgment
rendered against such owner, or has had commenced any form of parole or
probation (including probation before judgment), for (A) commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state or local) transaction or contract under a public
transaction, (B) violation of federal or state anti-trust or procurement statutes, or
(C) commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property; or
(ii) is presently indicted for or otherwise criminally or civilly charged by a
government entity, (federal, state or local) with commission of any of the offenses
enumerated in subparagraph (i) above.
Although selection is not guaranteed, businesses should begin to collect the required documentation
in order to expedite the approval process in the event they are selected.
Grant Review and Approval Process
Review
The application will be reviewed by the SBDC to determine application completeness and
preliminary eligibility. The application must be complete to be considered eligible.
First-come, First-serve
The City of San Bernardino is expecting the Small Business Grant Program, Round Two to have
a significant number of applications. Completion of the mandatory consultation and completed
submission of requested documentation constitutes the applicant’s priority in being selected to
receive funding. Applicants will not be added to the first-come, first-serve queue until all
requirements are completed.
Applicants will receive directions on how to schedule a one-on-one consultation and how to
submit required documentation. It is the responsibility of the applicant to ensure required steps
are completed in order to remain eligible for funding.
Consultations and document submission must be completed within thirty (30) days of the initial
application submission date through the SBDC portal. Should an applicant not meet application
requirements within 30 days of their application submission, they will be dropped from the review
process. If an applicant is dropped from the process for not adhering to this deadline requirement,
they are eligible to submit an application again under these same guidelines to restart the process.
Packet Page. 648
City of San Bernardino
Small Business Grant Program, Round Two 2023
Page 8 of 9
Verification and Eligibility Determination
The SBDC shall request the applicant submit all required documentation for review and
verification for grant approval. SBDC will assign a consultant to work with each individual
applicant to assist with completing all required documentation. Applicant’s documentation will
be submitted directly to SBDC on a secured site. SBDC will perform verification of applicant’s
documentation in accordance with these guideline requirements. If documents are not submitted
in a timely manner, the applicant will be dropped from the process.
Grant Disbursement
The application will be open on a rolling basis until all funds have been disbursed to depletion.
Only one grant will be issued per applicant, per person, per business, per entity, whichever is the
lesser. No business that received funding in the first round ARPA-funded grant program is
eligible. A business cannot receive funding from both the round-two grant and a façade
improvement grant from the ARPA-funded program. All grant funds must be dispersed by the
deadline given in the ARPA guidelines. From the time the award decision is approved and an
applicant is notified, the City has ninety (90) business days to complete payment through the
designated payment method. Awardees will be expected to pick up their grant check in person.
Grant Report
Eligible expenses are considered necessary expenditures that provide economic support in
connection with the COVID-19 public health emergency. In the event a business does not expend
the entire grant amount, the business may be required to return the remaining balance.
The business recipient shall keep documentation evidencing use of the Grant Funds. The City
may request to evaluate the business’s compliance with the Grant program. If it is determined
the business did not expend the funds consistent with the Eligible Activities or as described in the
Spending Plan, it may constitute an Event of Default under the Grant Agreement.
Post Grant Follow Up
The SBDC will continue to work with each grantee throughout the next twelve (12) months. If
contacted by the City or SBDC, all awardees will be required to update the City on their business
and if additional employees have been hired or employees retained. A twelve-month report may
be created by the SBDC and the City of San Bernardino to document the success of the program.
By acceptance of the grant, the business agrees to comply with City information requests that
may include use of photos or business logos.
Program Complaint and Appeal Process
Complaints concerning the Small Business Grant Program should be made to the City of San
Bernardino Economic Development Department. If unresolved in this manner, the complaint or
appeal shall be made in writing and filed with the City Manager’s Office.
Packet Page. 649
City of San Bernardino
Small Business Grant Program, Round Two 2023
Page 9 of 9
City Reserves Rights
The City reserves the unqualified right, in its sole and absolute discretion at any time: (1) to amend
or terminate this program with no recourse for any proposing applicant; (2) to choose or reject any
or all applications received in response to this program; (3) to modify the application deadlines; (4)
to request additional information of the applicants as deemed necessary and appropriate by the
City; (5) to conduct further due diligence with applicants or any third party; (6) to modify the City's
objectives or the scope of the program; (7) to modify program requirements, general terms and
conditions, or eligible activities; and/or (8) to disqualify any proposing applicant on the basis of
any real or perceived conflict of interest that is disclosed or revealed by materials submitted or by
any data available to the City.
Contact Information
For additional information regarding the Round Two Small Business Grant Program, please
contact the following:
City of San Bernardino
Economic Development Department
201 North E Street, 3rd Floor
San Bernardino, CA 92401
EconDev@sbcity.org
For questions about the guidelines and application or assistance in completing the application,
please contact the SBDC at:
Paul Nolta,
Director
Inland Empire SBDC at CSUSB
951-781-2345 office
PNolta@iesmallbusiness.com
Packet Page. 650
21
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of
shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to
respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses
where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:
1. Have no more than 500 employees, or if applicable, the size standard in number of employees
established by the Administrator of the Small Business Administration for the industry in which
the business concern or organization operates, and
2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes,
among other requirements, that the business is independently owned and operated and is not
dominant in its field of operation).
Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many
ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following
enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the
pandemic:
8 15 U.S.C. 632.
Packet Page. 651
22
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses,
which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
Packet Page. 652
City of San Bernardino
American Rescue Plan Act (ARPA)
Program
COVID-19 Related
Round Two Small Business Grant Program
Amanda Hernandez, Economic Development Division
Manager
Packet Page. 653
Business Grants – Discussion
Presentation Overview
•Background on ARPA Funding
•Grant Program
•Next Steps
•Grant Program Partnership
•Discussion
2
Packet Page. 654
Rescue Plan Funds – Background
3
•San Bernardino’s Allocation: $77 Million
•Final Rule Issued January 6, 2022, effective
4/1/2022
•Opportunities in Qualified Census Tracts (QCTs)
•All funds must be obligated by Dec. 31, 2024,
and spent by Dec. 31, 2026
Packet Page. 655
Rescue Plan Funds – Background
4
•February 2, 2022 - Resolution 2022-26
•Approved allocating $5,000,000, for the Small Business
and Non-Profit Assistance Grant Program
•$3,000,000 for grant program funding
•First round of funding awarded $2,575,000 in grants to
87 local small businesses and 18 non-profit
organizations
•Second round of funding will award the remaining
$425,000
Packet Page. 656
Round Two Small Business Grant
Program
5
Small Business Grant Program
•Negative economic impact due to
pandemic
•Operating or capital expenses
•Grants: $2,500 to $5,000 (depending
on qualifications)
Total: $425,000
Packet Page. 657
Round Two Small Business Grant
Program
6
•Have an active San Bernardino Business License
and/or Home Occupation Permit since at least May
11, 2023, or prior at the time of the application
•Prove negative economic impact
•Includes areas (Qualified Census Tracts) and
populations designated as having been
disproportionately impacted
Total: $425,000
Packet Page. 658
Round Two Small Business Grant
Program
7
Total: $425,000
ELIGIBLE BUSINESS GROSS
REVENUE (2019, 2020, 2021, or 2022
taxable year)
GRANT AWARD AVAILABLE
PER BUSINESS
Annual gross revenue under $50,000 $2,500
Annual gross revenue equal or greater
than $50,000 up to $2,500,000
$5,000
Packet Page. 659
Next Steps - Application
8
•Application will be available in English and Spanish starting
at 9:00 am on Wednesday, May 1, 2024
•Access the application through the City’s Economic
Development website
•First-come, first-serve priority
•https://www.sbcity.org/city_hall/community_economic_deve
lopment/economic_development
Total: $425,000
Packet Page. 660
Grant Program Partnership
Small Business
Development Center
•Marketing & Outreach
•Program Application
•Consultations
•Reporting & Tracking
Free Small Business Resources
9
Packet Page. 661
DISCUSSION
10
Packet Page. 662
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Community, Housing, & Economic Development
Subject:Amendment No. 4 to the Lease Agreement with Vanir
Tower Building Inc. (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 4 to the Lease
Agreement with Vanir Tower Building, Inc., for 290 North D Street, San Bernardino,
California; increasing the rental space to include Suite 101B, extending the Lease
Agreement through June 30, 2026, and authorizing the Director of Finance and
Management Services to amend the FY 2023/24 Operating Budget in the amount of
$139,736 to support the costs associated with increasing the rental space with Vanir
Tower Building, Inc.
Executive Summary
This action will increase the leased office space at the Vanir Tower Building by 4,956
square feet and extend the existing Vanir Tower Building Lease for an additional two-
year period.
Background
On November 21, 2016, the Mayor and City Council approved Resolution No. 2016-
240, directing the City Manager to execute a Lease Agreement for office space with
Vanir Tower, Inc., for office space located at 290 North D Street, San Bernardino,
California, to house City staff. The Agreement was amended on March 6, 2017, via
Resolution No. 2017-039, resetting the lease period to commence on April 15, 2017,
for a two-year period with the option of two six-month extension periods. On April 3,
2019, the Mayor and City Council authorized the City Manager to exercise both of the
six-month extension options, extending the Lease Agreement term through April 15,
2020.
Packet Page. 663
On July 1, 2020, the Mayor and City Council approved Amendment No. 2 to the Lease
Agreement, eliminating space on the 8th floor of the Vanir Tower Building, and
extended the Lease Agreement term through June 30, 2021. The extension was
intended to allow staff time to evaluate the City’s office space needs and present a
longer-term option to the Mayor and City Council prior to the expiration of the lease
term.
On March 3, 2021, after staff determined that the shared office space on the 3rd floor
presented operational challenges, the Mayor and the City Council approved
Amendment No. 3 to the Lease Agreement, adding additional office space located on
the 8th floor and extended the Lease Agreement through June 30, 2024.
Discussion
Staff has continued to monitor and evaluate the City’s office spacing needs. Staff has
determined that the current office space provided under Amendment No. 3 to the Lease
Agreement with Vanir Tower Building, Inc. is not sufficient to accommodate the City‘s
current staffing levels. Additionally, Amendment No. 3 to the Lease Agreement with
Vanir Tower Building, Inc. Is set to expire on June 30, 2024.
Lease Amendment No. 4 will increase the current monthly leased office space with
Vanir Tower Building, Inc. from 22,100 square feet to 27,056 square feet and extend
the term of the Lease Agreement through June 30, 2026. Amendment No.4 will also
include one two-year extension option, extending the lease through June 30, 2028, if
needed. Amendment No. 4 is proposed to commence on April 1, 2024.
Effective April 1, 2024, the monthly rent will be increased from Forty-one Thousand,
Five Hundred and Forty-Eight dollars ($41,548) to Fifty-Four Thousand, One Hundred
and Twelve Dollars ($54,112.00) to reflect the increase in leased space. The monthly
rent from July 1, 2024, through June 30, 2025, shall be at the per square foot cost of
$2.10 monthly and the City shall pay monthly rent in the amount of Fifty-Six Thousand,
Eight Hundred and Seventeen Dollars and Sixty Cents ($56,817.60). Effective July 1,
2025, through June 30, 2026, monthly rent shall be at the per square foot cost of $2.21
monthly and the City shall pay monthly rent in the amount of Fifty-Nine thousand,
Seven Hundred and Ninety-Three Dollars and Seventy-Six Cents ($59,793.76).
The costs associated with Amendment No. 4 are as follows:
•FY 2023/24: $29,736 (Suite 101b) + $110,000 (tenant improvement) $139,736
($29,736 = 4,956 sq ft. X $2.00 per sq ft. X 3 months)
•FY 2024/25 Lease: $681,811.20 (27,056 sq ft. X $2.10 cost per sq. ft.)
•FY 2025/26 Lease: $717,525.12 (27,056 sq ft. X $2.21 cost per sq. ft.)
Packet Page. 664
The tenant improvement costs are estimated at $110,000 which will include technology
infrastructure upgrades, cabling, phones, furniture, carpet, paint, window tinting, and
cleaning.
Total Costs: $29,736 + $681,811.20 + $717,525.12 + $110,000 = $1,539,073
2021-2025 Strategic Targets and Goals
Approval of the proposed Amendment No. 4 aligns with Key Target No. 1: Improved
Operational & Financial Capacity: and Key Target No. 1f: Create an Asset
Management Plan. Extending the lease through June 30, 2026, provides stability
related to the Lease Agreement with Vanir Tower Building, Inc. for budgeting purposes
through FY 2026.
Fiscal Impact
The General Fund Impact associated with this item for the remainder of FY 2023/24
is $139,736. The FY 2024/25 and FY 2025/26 budgets will be updated to match the
new monthly rental rates upon approval. The total fiscal impact for future years has
been identified within the discussion section of this report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 4 to the Lease
Agreement with Vanir Tower Building, Inc., for 290 North D Street, San Bernardino,
California; increasing the rental space to include Suite 101B, extending the Lease
Agreement through June 30, 2026, and authorizing the Director of Finance and
Management Services to amend the FY 2023/24 Operating Budget in the amount of
$139,736 to support the costs associated with increasing the rental space with Vanir
Tower Building, Inc.
Attachments
Attachment 1 – Amendment No. 4 with Vanir Tower Building, Inc.
Attachment 2 – Resolution No. 2021-33 (Amendment No. 3)
Ward:
First Ward
Synopsis of Previous Council Actions:
November 21, 2016 - The Mayor and City Council approved Resolution No. 2016-
240, authorizing the City Manager to execute a Lease Agreement with Vanir Tower
Building, Inc.
March 6, 2017 - The Mayor and City Council approved Resolution No. 2017-039,
authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement
with Vanir Tower Building, Inc.
Packet Page. 665
April 3, 2019 - The Mayor and City Council authorized the City Manager to execute
two, six-month extensions to the Lease Agreement with Vanir Tower Building, Inc.,
extending the Lease Agreement through April 15, 2020.
May 20, 2020 - The Mayor and City Council directed staff to explore additional lease
options for extending the Lease Agreement with Vanir Tower Building, Inc.
June 17, 2020 - The Mayor and City Council approved Resolution No. 2020-105,
directing staff to extend the Lease Agreement with Vanir Tower Building, and reduce
the rentable space.
March 3, 2021 - The Mayor and City Council approved Resolution No. 2021-33
authorizing the City Manager to execute Amendment No. 3 to the Lease Agreement
with Vanir Tower Building, Inc. extending the Lease through June 30, 2024.
Packet Page. 666
AMENDMENT NUMBER FOUR TO THE LEASE AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING, INC.
This Amendment Number Four ("Fourth Amendment'') is entered into by and between the City
of San Bernardino, a charter city organized under the laws of the State of California (hereinafter
the "City"), and Vanir Tower Building, Inc. (hereinafter the "Landlord") as of March 1, 2024.
City and Landlord are at times referred to individually as "Party" and collectively as the
"Parties."
WHEREAS, City and Landlord entered into a Lease Agreement dated February 8, 2017
for the City's lease of office space at Landlord's property located at 290 North "D" Street, San
Bernardino, CA 92401, as further set out therein; and
WHEREAS, City and Landlord entered into Amendment Number One to the Lease
Agreement Between the City of San Bernardino and Vanir Tower Building, Inc., on March 6,
2017 ("First Amendment") and City subsequently exercised two six-month extension options
available to it under the Lease Agreement, as amended; and
WHEREAS, City and Landlord entered in to Amendment Number Two to the Lease
Agreement Between the City of San Bernardino and Vanir Tower Building, Inc., on July 1, 2020
("Second Amendment'') extending the Term of the Lease Agreement through June 30, 2021 and
reducing the amount of space leased effective August 1, 2020; and
WHEREAS, City and Landlord entered in to Amendment Number Three to the Lease
Agreement Between the City of San Bernardino and Vanir Tower Building, Inc., on March 15,
2021 ("Third Amendment'') extending the Term of the Lease Agreement through June 30, 2024
and increasing the amount of space leased effective March 15, 2021; and
WHEREAS, the Parties now desire to. extend the Term of the Lease Agreement, as
amended, through June 30, 2026, to increase the amount of space leased to include Suite 101B
on the 1st Floor effective April 1, 2024, and to include one 2-year option to extend the Lease at
the City’s sole discretion.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the Parties agree as follows:
1.
30, 2026.
Term. The term of the Lease Agreement, as amended, is extended through June
Packet Page. 667
2.Monthly Rent. Effective April 1, 2024, the monthly rent will be increased from
Forty-one Thousand, Five Hundred and Forty-Eight dollars ($41,548) to Fifty-Four Thousand,
One Hundred and Twelve Dollars ($54,112.00) to reflect the increased in leased space further
described in Section 3 of this Fourth Amendment. The monthly rent from July 1, 2024, through
June 30, 2025, shall be at the per square foot cost of $2.10 monthly and the City shall pay
monthly rent in the amount of Fifty-Six Thousand, Eight Hundred and Seventeen Dollars and
Sixty Cents ($56,817.60). Effective July 1, 2025, through June 30, 2026, monthly rent shall be at
the per square foot cost of $2.21 monthly and the City shall pay monthly rent in the amount of
Fifty-Nine thousand, Seven Hundred and Ninety-Three Dollars and Seventy-Six Cents
($59,793.76).
3.Square Footage. Effective April 1, 2024, the Premises shall be amended to reflect
the addition of 4,956 square feet of rentable space on the 1st Floor (Suite 101B) for a total of
27,056 square feet of rentable space on the 1st and 3rd and 8th Floors. The additional 4,956 square
feet of rentable space is described and depicted on Exhibit A, attached hereto and incorporated
herein by this reference. Landlord approved Tenant Improvements construction and cost shall be
the City’s full responsibility.
4.Option to Extend Term. Landlord gives City the option to extend the term of the
Lease on the same provisions and conditions for one (1) Two-Year Option (“extended term”) following
the expiration of the Fourth Amendment by City giving notice of its intention to exercise the option to
Landlord no less than 60-days prior to expiration of the current term. Monthly rent for the extended
term shall be as follows, effective July 1, 2026 through June 30, 2027 shall be at the square foot cost of
$2.32 and the City shall pay monthly rent in the amount of Sixty-Two Thousand, Seven Hundred and
Sixty-Nine Dollars and Ninety-Two Cents ($62,769.92) and effective July 1, 2027, through June 30,
2028 shall be at the square foot cost of $2.44 and the City shall pay monthly rent in the amount of
Sixty-Six Thousand, and Sixteen Dollars and Sixty-Four Cents ($66,016.64).
5.Effect on Other Provisions. All other provisions of the Lease Agreement, as amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be
executed the day and year first above written.
CITY LANDLORD
Charles A. Montoya, City
Manager
ATTEST:
James Smith, President
Genoveva Rocha, City Clerk
Packet Page. 668
EXHIBITA
DESCRIPTION AND DEPICTION OF SUITE 101B
Suite 101B located on the 1st Floor of the Vanir Tower includes 4,956 square feet of
rentable space comprised of offices, conference room, supply and equipment storage areas,
and a restroom. The area included in Suite 101B is represented by the shadowed area on the
attached diagram.
Packet Page. 669
Packet Page. 670
Packet Page. 671
Packet Page. 672
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date:March 6, 2024
To:Honorable Mayor and City Council Members
From:Sonia Carvalho, City Attorney
Department:City Attorney's Office
Subject:Closed Session
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)):
Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC
0065668
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Adoption of Ordinance No. MC-1627 Approving
Development Code Amendment 24-01 (2021-2029
Housing Element)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1627 approving Development Code Amendment
24-01 changing the Zoning District Classification of specific parcels to meet the City’s
Regional House Needs Allocation (RHNA), pursuant to the Addendum to Final
Environmental Impact Report (SCH No. 2004111132).
Executive Summary
This agenda item is the final reading and adoption of Development Code Amendment
24-01. It is recommended that the Mayor and City Council adopt Ordinance No. MC-
1627.
Background
On February 21, 2024, the Mayor and City Council conducted a public hearing on
approving Development Code Amendment 24-01.
Development Code Amendment 23-01 changes the Zoning District Classification of
specific parcels to meet the City’s Regional House Needs Allocation (RHNA)
(Attachment 1, Exhibit A).
Discussion
Ordinance No. MC-1627 approving Development Code Amendment 24-01 to change
the Zoning District Classification of specific parcels to meet the City’s Regional House
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Needs Allocation (RHNA) was reviewed by the City Council at their February 21, 2024,
meeting. The Ordinance is now ready for its final reading.
2021-2025 Strategic Targets and Goals
Development Code Amendment 24-01 aligns with Key Target Goal No. 4: Economic
Growth & Development; (b) Update the General Plan and Development Code.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1627 approving Development Code Amendment
24-01 changing the Zoning District Classification of specific parcels to meet the City’s
Regional House Needs Allocation (RHNA), pursuant to the Addendum to Final
Environmental Impact Report (SCH No. 2004111132).
Attachments
Attachment 1 Ordinance No. MC-1627 (Approving Development Code
Amendment 24-01)
Attachment 2 Ordinance No. MC-1627 (Approving Development Code
Amendment 24-01) – Exhibits
Ward:
All Wards
Synopsis of Previous Council Actions:
On February 21, 2024, the Mayor and City Council introduced Ordinance No. MC-1627
to approve Development Code Amendment 24-01 to change the Zoning District
Classification of specific parcels to meet the City’s Regional House Needs Allocation
(RHNA).
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ORDINANCE NO. MC-1627
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ORDINANCE NO. MC-1627
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-01
CHANGING THE ZONING DISTRICT CLASSIFICATION
OF SPECIFIC PARCELS TO MEET THE CITY’S
REGIONAL HOUSE NEEDS ALLOCATION (RHNA),
PURSUANT TO THE ADDENDUM TO FINAL
ENVIRONMENTAL IMPACT REPORT (SCH NO.
2004111132).
WHEREAS, together, General Plan Amendment 24-01 and Development Code
Amendment 24-01 constitute the City of San Bernardino 2021-2029 Housing Element ("Project");
and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-06 is a
request to allow the change the Zoning District Classification of specific parcels to meet the City’s
Regional House Needs Allocation (RHNA); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for
the Project; and
WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of
CEQA, the Planning Division of the Community and Economic Development Department
accepted the Addendum to the Final Environmental Impact Report prepared by Kimley-Horn on
behalf of and submitted by the applicant for the Project; and
WHEREAS, on January 30, 2024, the Planning Commission of the City of San Bernardino
held a duly noticed public hearing to consider public testimony and the staff report, and adopted
Resolution No. 2024-002 - PC recommending the adoption of the Addendum to the Final
Environmental Impact Report, and the approval of General Plan Amendment 24-01 and
Development Code Amendment 24-01 to the Mayor and City Council; and
WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City
Council's consideration of this proposed Resolution was published in The Sun newspaper on
February 10, 2024, and was mailed to the owners and tenants of the properties located within 1,000
feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and
Appeals); and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council and no additional information submitted to the City Council, has produced substantial new
information requiring substantial revisions that trigger recirculation of the Addendum to the Final
Environmental Impact Report or additional environmental review under State CEQA Guidelines
Section 15164; and
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ORDINANCE NO. MC-1627
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WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Development Code
Amendment 24-01; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Compliance with the California Environmental Quality Act. In accordance
with Section 15164 (Addendum to an EIR), as the decision-making body for the project, the Mayor
and City Council have reviewed and considered the information contained in the administrative
record for General Plan Amendment 24-01 and Development Code Amendment 24-01, and the
Final Environmental Impact Report (SCH #2004111132) certified on November 1, 2005, in
conjunction with the adoption of the City of San Bernardino General Plan (2005). Based upon the
facts and information contained in the administrative record and the previously certified Final
Environmental Impact Report, including all written and oral evidence presented to the Mayor and
City Council, the Mayor and City Council find as follows:
(1) The environmental impacts of this project were previously analyzed in the Final
Environmental Impact Report certified on November 1, 2005, in conjunction with the adoption of
the City of San Bernardino General Plan (2005) and within the Addendum for the approval for
General Plan Amendment 24-01 and Development Code Amendment 24-01; and
(2) The certified Final Environmental Impact Report and the Addendum contains a
complete and accurate reporting of the environmental impacts associated with the project; and
(3) The certified Final Environmental Impact Report and the Addendum was
completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The certified Final Environmental Impact Report and the Addendum reflects the
independent judgment of the Mayor and City Council; and
(5) The proposed project will introduce no new significant environmental impacts
beyond those previously analyzed in the certified Final Environmental Impact Report, and all
mitigation measures previously adopted with the Mitigated Monitoring and Reporting Program
and the Addendum are incorporated herein by this reference.
SECTION 3.Finding of Facts – Development Code Amendment 24-01.
Section 19.42.050 of the City of San Bernardino Development Code requires that Development
Code Amendments meet certain finding prior to approval by the Mayor and City Council.
Accordingly, the following findings are provided in support of the recommendation by the
Planning Commission for the approval of Development Code Amendment 24-01:
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Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 24-01 is consistent with the General Plan,
in that the proposed addition of the subzones RMH-32 and RH-50
implements the previously established intended uses of the Residential
Medium High (RMH) and Residential High (RH) zones, while allowing for
increased densities that will assist the City in meeting its RHNA.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 24-
01 will create two (2) subzones, RMH-32 and RH-50, that will require
future development at the same standards and subject to the same permitted
uses as the existing Residential Medium High (RMH) and Residential High
(RH) zones. Therefore, no development is anticipated that would be
detrimental to the public interest, health, safety, convenience, or welfare of
the City
SECTION 4.Adoption of Ordinance. Development Code Amendment 24-01 to change
the Zoning District Classification of specific parcels to meet the City’s Regional House Needs
Allocation (RHNA); attached hereto and incorporated herein by reference as Exhibit “A” through
“B”, is hereby approved.
SECTION 5.Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
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ORDINANCE NO. MC-1627
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2024.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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ORDINANCE NO. MC-1627
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CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1627, introduced on February 21, 2024, and adopted by the City Council of
the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2024
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
______________________________
Genoveva Rocha, CMC, City Clerk
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EXHIBIT C
Development Code Section 19.04.010(2)(E)
(Residential Zones - Purpose)
19.04.010(2)(E) (Residential Zones - Purpose) shall be modified to read as follows:
E. RESIDENTIAL MULTI-FAMILY ZONES
These zones are intended to promote the development of multi-family townhomes,
condominiums, and apartments.
All multi-family zones require a reduced density if the minimum lot size for the zone is not
met, and shall comply with maximum densities provided in Table 04.02.
Multi-family units which legally existed in the multi-family zones prior to June 3, 1991, may
remain as a permitted use.
1. RM (Residential Medium) Zone
This zone requires a minimum lot size of 14,400 square feet with a maximum density
of 12 units per net acre. Parcels less than 14,400 square feet in area shall be developed
at RU density.
2. RMH (Residential Medium High) Zone
This zone requires a minimum lot size of 20,000 square feet with a maximum density
of 24 units per net acre. Lots 14,400-20,000 square feet shall be development at RM
density. Lots less than 14,400 square feet shall be developed at RU density.
RMH-32 (Residential Medium High) Zone. This zone requires a minimum lot size
of 20,000 square feet with a maximum density of 32 units per net acre. Properties
within the RMH-32 Zone shall include only those identified in Table 04-05 and
Table 04-06 of the 2021-2029 San Bernardino Housing Element, as applicable. The
RMH-32 zone shall be subject to the same development standards and permitted
uses as the RMH zone.
3. RH (Residential High) Zone
This zone requires a minimum lot size of 20,000 square feet with a maximum density
of 31 units per net acre. Lots 14,400-20,000 square feet shall be developed at RM
density. Lots less than 14,400 square feet shall be developed at RU density.
RH-50 (Residential High) Zone. This zone requires a minimum lot size of 20,000
square feet with a maximum density of 50 units per net acre. Properties within the
RMH-32 Zone shall include only those identified in Table 04-05 and Table 04-06
of the 2021-2029 San Bernardino Housing Element, as applicable. The RH-50 zone
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EXHIBIT C
shall be subject to the same development standards and permitted uses as the RH
zone.
All multi-family zones listed above permit the development of senior citizen and senior
congregate care housing at a density up to 50% greater than that allowed in the zone
with a marketing feasibility study and a conversion plan.
4. RSH (Residential Student Housing) Zone
This overlay zone is specifically designed to allow student housing complexes on lots
located within 500 feet of California State University San Bernardino, and which are
at least five acres in size, at a maximum density of 20 units per acre and with no more
than 60 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of
Northpark Boulevard, east of University Parkway, as designated in General Plan
Amendment No. 01-06, and the 10.16 acres on the west side of Northpark Boulevard,
northwest of the intersection of University Parkway and Northpark Boulevard in Tract
17703-2 Lot 1, and Tract 17703-3 Lots 1, 2, and 3. In the event that the project no
longer houses California State University, San Bernardino students or is demolished,
further use of the site will revert back to the underlying zone policies and standards.
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Exhibit D
Privately-owned Land Identified for Rezoning/Upzoning
APN Acres
Existing Land
Use
Designation
Proposed Land
Use
Designation
Existing Zone Proposed Zone
013630207 0.68 MFR MFR RMH RMH-32
013631118 1.59 MFR MFR RMH RMH-32
013631126 0.91 MFR MFR RMH RMH-32
013631109 0.92 MFR MFR RMH RMH-32
028115164 1.55 MFR MFR RMH RMH-32
015515124 6.48 MFR MFR RH RH-50
015515125 2.87 MFR MFR RH RH-50
015044104 1.08 MFR MFR RH RH-50
015044130 2.21 MFR MFR RH RH-50
015515120 1.14 MFR MFR RH RH-50
015044114 0.03 MFR MFR RH RH-50
City-owned Surplus Land Identified for Rezoning/Upzoning
APN Acres
Existing Land
Use
Designation
Proposed Land
Use
Designation
Existing Zone Proposed Zone
013407119 0.21 C MFR CR-2 RH-50
013407124 0.06 C MFR CR-2 RH-50
013407126 0.06 C MFR CR-2 RH-50
013407158 0.28 C MFR CR-2 RH-50
013410109 0.21 C MFR CR-2 RH-50
013410110 0.31 C MFR CR-2 RH-50
014252208 0.25 C MFR CG-1 RH-50
014252209 0.24 C MFR CG-1 RH-50
014252211 0.24 C MFR CG-1 RH-50
014252212 0.24 C MFR CG-1 RH-50
014252213 0.24 C MFR CG-1 RH-50
014252214 0.24 C MFR CG-1 RH-50
014252215 0.24 C MFR CG-1 RH-50
014252216 0.24 C MFR CG-1 RH-50
014252217 0.25 C MFR CG-1 RH-50
014252225 0.21 C MFR CG-1 RH-50
014252235 0.2 C MFR CG-1 RH-50
014252236 0.2 C MFR CG-1 RH-50
014252237 0.2 C MFR CG-1 RH-50
014252238 0.2 C MFR CG-1 RH-50
014252241 0.2 C MFR CG-1 RH-50
014252242 0.21 C MFR CG-1 RH-50
014252210 0.24 C MFR CG-1 RH-50
014252226 0.19 C MFR CG-1 RH-50
014319174 0.75 C MFR CO RMH-32
014319175 0.27 C MFR CO RMH-32
014301244 0.86 C MFR CO RMH-32
015545110 1.41 MFR MFR RH RMH-32
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Adoption of Ordinance No. MC-1629 Approving
Development Code Amendment 23-03 (Density Bonus)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1629 approving Development Code Amendment
23-03 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus)
of the City of San Bernardino Development Code (SBMC Title 19) in order to update
the Density Bonus section in compliance with State law; and finding that Development
Code Amendment 23-03 is exempt from review under the California Environmental
Quality Act.
Executive Summary
This agenda item is the final reading and adoption of Development Code Amendment
23-03. It is recommended that the Mayor and City Council adopt Ordinance No. MC-
1629.
Background
On February 21, 2024, the Mayor and City Council conducted a public hearing on
approving Development Code Amendment 23-03.
Development Code Amendment 23-01 amends Section 19.04.030(2)(D) of Chapter
19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC
Title 19) to update the Density Bonus Ordinance in compliance with State law
(Attachment 1, Exhibit A).
Discussion
Ordinance No. MC-1629 approving Development Code Amendment 23-03 for the
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update to the Density Bonus Ordinance was reviewed by the City Council at their
February 21, 2024, meeting. The Ordinance is now ready for its final reading.
2021-2025 Strategic Targets and Goals
Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved
Quality of Life and 4(b): Economic Growth and Development – Update the General
Plan and Development Code. Specifically, the amendment will update the
Development Code for compliance with State law. The amendment to the
Development Code will ensure consistency with State law.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1629 approving Development Code Amendment
23-03 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus)
of the City of San Bernardino Development Code (SBMC Title 19) in order to update
the Density Bonus section in compliance with State law; and finding that Development
Code Amendment 23-03 is exempt from review under the California Environmental
Quality Act.
Attachments
Attachment 1 Ordinance No. MC-1629 (Approving Development Code
Amendment 23-03)
Attachment 2 Ordinance No. MC-1629 (Approving Development Code
Amendment 23-03) – Exhibit A
Ward:
All Wards
Synopsis of Previous Council Actions:
On February 21, 2024, the Mayor and City Council introduced Ordinance No. MC-
1629 to approve Development Code Amendment 23-03 for the update to the Density
Bonus Ordinance.
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ORDINANCE NO. MC-1629
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ORDINANCE NO. MC-1629
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 23-03
AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES)
SECTION 19.04.030 (DENSITY BONUS) OF THE CITY OF
SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE
19) TO UPDATE THE DENSITY BONUS SECTION IN
COMPLIANCE WITH STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 23-03 IS EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, the State of California has adopted Government Code Sections 65915 –
65918 (State Density Bonus Law), which requires cities to provide density bonuses,
concessions/incentives, waivers, and parking reductions for eligible housing development; and
WHEREAS, Government Code Section 65918 provides that the State Density Bonus Law
applies to charter cities, including San Bernardino; and
WHEREAS, in recent years, in response to the State’s need for housing, the State’s
Density Bonus Law has been amended to increase affordable housing production and reduce
housing costs, requiring the City to update the Density Bonus Section of Chapter 19.04
(Residential Zones); and
WHEREAS, on October 2, 2023, the Community Development and Housing Department
- Planning Commission received a letter regarding the City’s draft Housing Element noting that
the provisions of the City’s density bonus ordinance constitute a constraint to affordable housing
development; and
WHEREAS, in a Stipulated Final Judgement and Order submitted in Gracia et al. v. City
of San Bernardino, it was stated that the City would update the density bonus ordinance as required
by statute and the stipulation agreement; and
WHEREAS, Development Code Amendment 23-03 is a City-initiated amendment to
Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San
Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in
compliance with state law; and
WHEREAS, the Planning Division of the Community Development and Housing
Department of the City of San Bernardino has prepared Development Code Amendment 23-03 in
compliance with the California Government Code, consistency with the City of San Bernardino
General Plan, and compliance with the City of San Bernardino Development Code; and
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WHEREAS, pursuant to requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community Development and Housing Department
evaluated Development Code Amendment 23-03 and determined that it is exempt from CEQA
under 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040
(Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code,
the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2023-
049 recommending the adoption of the Development Code Amendment 23-03 to the Mayor and
City Council; and
WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City
Council's consideration of Development Code Amendment 23-03 was published in The Sun
newspaper on February 10, 2024, in accordance with Development Code Chapter 19.52 (Hearing
and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Development Code
Amendment 23-03; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein.
SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and
City Council having independently reviewed and analyzed the record before it, including written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of Development Code Amendment
23-03 and this Ordinance No. MC-1629 will result in a significant effect on the environment, and
thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality
Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable
indirect physical change in the environment.
SECTION 3.Finding of Facts – Development Code Amendment 23-03
Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 23-03 is consistent with the General Plan,
as follows:
Land Use Policy Goal 2.1.4: Provide assistance in the form of grants, loans,
home-improvement efforts, coordinated code and law enforcement, public
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right-of-way maintenance and enhancement, and trash collection to help
improve San Bernardino’s residential neighborhoods. (LU-1 and LU-3)
Land Use Policy 2.4.1: Quality infill development shall be accorded a high
priority in the commitment of City resources and available funding.
Land Use Policy 2.4.2: Continue to provide special incentives and
improvement programs to revitalize deteriorated housing stock, residential
neighborhoods, major business corridors, and employment centers. (LU-3
and LU-4)
Housing Goal 3.3: Affordable Housing Assistance. Assist in the provision
of housing affordable to lower and moderate-income households.
Housing Goal 3.4: Fair Housing Opportunity. Promote fair and equal
housing opportunities for all persons in San Bernardino.
Housing Goal 3.5: Governmental Constraints. Reduce adverse effects of
governmental actions on the production, preservation, and conservation of
housing, particularly for lower-moderate-income households.
The adoption and implementation of Development Code Amendment 23-
03 is consistent with the City’s General Plan by allowing for the
development of affordable housing in a manner consistent with State law.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 23-
03 are in the interest or furtherance of the public health, safety, convenience,
and general welfare through the establishment of regulations consistent with
State law that will further the development of affordable housing for low
and moderate-income households, seniors, and students.
SECTION 4.Adoption of Ordinance. Development Code Amendment 23-03 to amend
Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San
Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in
compliance with state law attached hereto and incorporated herein by reference as Exhibit “A”, is
hereby approved.
SECTION 5.Notice of Exemption: The Planning Division of the Community
Development and Housing Department is hereby directed to file a Notice of Exemption with the
County Clerk of the County of San Bernardino within five (5) working days of final approval
certifying the City’s compliance with the California Environmental Quality Act in approving
Development Code Amendment 23-03.
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SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2024.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1629, introduced on February 21, 2024, and adopted by the City Council of
the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2024
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
______________________________
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
Development Code Section 19.04.030
(Density Bonus)
19.04.030(2) shall be modified to read as follows:
D. DENSITY BONUS
1. Purpose
The purpose of this Chapter is to:
a. Establish procedures for implementing State Density Bonus requirements, as set
forth in California Government Code Sections 65915, and
b. Facilitate the development of affordable housing consistent with the goals,
objectives, and policies of the Housing Element of the City's General Plan.
c. This Chapter establishes incentives available to developers to produce housing
affordable to very-low, low and moderate-income households, transitional foster
youth, disabled veterans, homeless persons, lower-income students, and senior
citizens, consistent with State Density Bonus law.
2. Government Code 65915 – 65918
a.
(1) When an applicant seeks a density bonus for a housing development within,
or for the donation of land for housing within, the City shall comply with
this section. The City shall adopt an ordinance that specifies how
compliance with this section will be implemented. Except as otherwise
provided in subdivision(s), failure to adopt an ordinance shall not relieve
the City from complying with this section.
(2) The City shall not condition the submission, review, or approval of an
application pursuant to this chapter on the preparation of an additional
report or study that is not otherwise required by state law, including this
section. This subdivision does not prohibit the City from requiring an
applicant to provide reasonable documentation to establish eligibility for a
requested density bonus, incentives or concessions, as described in
subdivision (b)(d), waivers or reductions of development standards, as
described in subdivision (e), and parking ratios, as described in subdivision
(p).
(3) In order to provide for the expeditious processing of a density bonus
application, the City shall do all of the following:
(A) Adopt procedures and timelines for processing a density bonus
application.
(B) Provide a list of all documents and information required to be
submitted with the density bonus application in order for the density
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EXHIBIT A
bonus application to be deemed complete. This list shall be consistent
with this chapter.
(C) Notify the applicant for a density bonus whether the application is
complete in a manner consistent with the timelines specified in
Government Code Section 65943.
(D)
(i) If the City notifies the applicant that the application is deemed
complete pursuant to subparagraph (C), provide the applicant
with a determination as to the following matters:
(I) The amount of density bonus calculated pursuant to
subdivision (f), for which the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to
subdivision (p), the parking ratio for which the applicant is
eligible.
(III) If the applicant requests incentives or concessions pursuant
to subdivision (d) or waivers or reductions of development
standards pursuant to subdivision (e), whether the
applicant has provided adequate information for the City
to decide as to those incentives, concessions, or waivers,
or reductions of development standards.
(ii) Any determination required by this subparagraph shall be based
on the development project at the time the application is deemed
complete. The City shall adjust the amount of density bonus and
parking ratios awarded pursuant to this section based on any
changes to the project during the course of development.
b.
(1) The City shall grant one density bonus, the amount of which shall be as
specified in subdivision (f), and, if requested by the applicant and consistent
with the applicable requirements of this section, incentives or concessions,
as described in subdivision (d), waivers or reductions of development
standards, as described in subdivision (e), and parking ratios, as described
in subdivision (p), if an applicant for a housing development seeks and
agrees to construct a housing development, excluding any units permitted
by the density bonus awarded pursuant to this section, that will contain at
least any one of the following:
(A) Ten percent of the total units of a housing development, including a
shared housing building development, for rental or sale to lower
income households, as defined in Section 50079.5 of the Health and
Safety Code.
(B) Five percent of the total units of a housing development, including a
shared housing building development, for rental or sale to very low-
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EXHIBIT A
income households, as defined in Section 50105 of the Health and
Safety Code.
(C) A senior citizen housing development, as defined in Sections 51.3 and
51.12 of the Civil Code, or a mobilehome park that limits residency
based on age requirements for housing for older persons pursuant to
Section 798.76 or 799.5 of the Civil Code. For purposes of this
subparagraph, “development” includes a shared housing building
development.
(D) Ten percent of the total dwelling units of a housing development are
sold to persons and families of moderate income, as defined in Section
50093 of the Health and Safety Code, provided that all units in the
development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for transitional
foster youth, as defined in Section 66025.9 of the Education Code,
disabled veterans, as defined in Section 18541, or homeless persons,
as defined in the federal McKinney-Vento Homeless Assistance Act
(42 U.S.C. Sec. 11301 et seq.). The units described in this
subparagraph are shall be subject to a recorded affordability restriction
of 55 years and shall be provided at the same affordability level as
very low-income units.
(F)
(i) Twenty percent of the total units for lower income students in a
student housing development that meets the following
requirements:
(I) All units in the student housing development shallwill be
used exclusively for undergraduate, graduate, or
professional students enrolled full time at an institution of
higher education accredited by the Western Association of
Schools and Colleges or the Accrediting Commission for
Community and Junior Colleges. In order to be eligible
under this subclause, the developer shall, as a condition of
receiving a certificate of occupancy, provide evidence to
the City that the developer has entered into an operating
agreement or master lease with one or more institutions of
higher education for the institution or institutions to
occupy all units of the student housing development with
students from that institution or institutions. An operating
agreement or master lease entered into pursuant to this
subclause is not violated or breached if, in any subsequent
year, there are insufficientnot sufficient students enrolled
in an institution of higher education to fill all units in the
student housing development.
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EXHIBIT A
(II) The applicable 20-percent units shallwill be used for lower
income students.
(III) The rent provided in the applicable units of the
development for lower income students shall be calculated
at 30 percent of 65 percent of the area median income for
a single-room occupancy unit type.
(IV) The development shallwill provide priority for the
applicable affordable units for lower income students
experiencing homelessness. A homeless service provider,
as defined in paragraph (3) of subdivision (e) of Section
103577 of the Health and Safety Code, or institution of
higher education that has knowledge of a person’s
homeless status may verify a person’s status as homeless
for purposes of this subclause.
(ii) For purposes of calculating a density bonus granted pursuant to
this subparagraph, the term “unit” as used in this section means
one rental bed and its pro rata share of associated common area
facilities. The units described in this subparagraph areshall be
subject to a recorded affordability restriction of 55 years.
(G) One hundred percent of all units in the development, including total
units and density bonus units, but exclusive of a manager’s unit or
units, are for lower income households, as defined by Section 50079.5
of the Health and Safety Code, except that up to 20 percent of the units
in the development, including total units and density bonus units, may
be for moderate-income households, as defined in Section 50053 of
the Health and Safety Code. For purposes of this subparagraph,
“development” includes a shared housing building development.
(2) For purposes of calculating the amount of the density bonus pursuant to
subdivision (f), an applicant who requests a density bonus pursuant to this
subdivision shall elect whether the bonus shall be awarded on the basis of
subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1).
c.
(1)
(A) An applicant shall agree to, and the City shall ensure, the continued
affordability of all very low and low-income rental units that qualified
the applicant for the award of the density bonus for 55 years or a
longer period of time if required by the construction or mortgage
financing assistance program, mortgage insurance program, or rental
subsidy program.
(B)
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EXHIBIT A
(i) Except as otherwise provided in clause (ii), rents for the lower
income density bonus units shall be set at an affordable rent, as
defined in Section 50053 of the Health and Safety Code.
(ii) For housing developments meeting the criteria of subparagraph
(G) of paragraph (1) of subdivision (b), rents for all units in the
development, including both base density and density bonus
units, shall be as follows:
(I) The rent for at least 20 percent of the units in the
development shall be set at an affordable rent, as defined
in Section 50053 of the Health and Safety Code.
(II) The rent for the remaining units in the development shall
be set at an amount consistent with the maximum rent
levels for lower income households, as those rents and
incomes are determined by the California Tax Credit
Allocation Committee.
(2)
(A) An applicant shall agree to ensure, and the City shall ensure, that a
for-sale unit that qualified the applicant for the award of the density
bonus meets either of the following conditions:
(i) The unit is initially sold to and occupied by a person or family
of very low, low, or moderate income, as required, and it is
offered at an affordable housing cost, as that cost is defined in
Section 50052.5 of the Health and Safety Code and is subject to
an equity sharing agreement.
(ii) If the unit is not purchased by an income-qualified person or
family within 180 days after the issuance of the certificate of
occupancy, the unit is purchased by a qualified nonprofit
housing corporation pursuant to a recorded contract that satisfies
all of the requirements specified in paragraph (10) of subdivision
(a) of Section 402.1 of the Revenue and Taxation Code and that
includes all of the following:
(I) A repurchase option that requires a subsequent purchaser
of the property that desires to resell or convey the property
to offer the qualified nonprofit corporation the right to
repurchase the property prior to selling or conveying that
property to any other purchaser. The nonprofit corporation
has a determination letter from the Internal Revenue
Service affirming its tax-exempt status pursuant to Section
501(c)(3) of the Internal Revenue Code and is not a private
foundation as that term is defined in Section 509 of the
Internal Revenue Code.
(II) An equity sharing agreement. The nonprofit corporation is
based in California.
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EXHIBIT A
(III) Affordability restrictions on the sale and conveyance of the
property that ensure that the property will be preserved for
lower income housing for at least 45 years for owner-
occupied housing units and will be sold or resold only to
persons or families of very low, low, or moderate income,
as defined in Section 50052.5 of the Health and Safety
Code. All of the board members of the nonprofit
corporation have their primary residence in California.
(IV) The primary activity of the nonprofit corporation is the
development and preservation of affordable home
ownership housing in California that incorporates within
their contracts for initial purchase a repurchase option that
requires a subsequent purchaser of the property that desires
to resell or convey the property to offer the qualified
nonprofit corporation the right to repurchase the property
prior to selling or conveying that property to any other
purchaser pursuant to an equity sharing agreement or
affordability restrictions on the sale and conveyance of the
property that ensure that the property will be preserved for
lower income housing for at least 45 years for owner-
occupied housing units and will be sold or resold only to
persons or families of very low, low, or moderate income,
as defined in Section 50052.5 of the Health and Safety
Code.
(B) For purposes of this paragraph, a “qualified nonprofit housing
corporation” is a nonprofit housing corporation organized pursuant to
Section 501(c)(3) of the Internal Revenue Code that has received a
welfare exemption under Section 214.15 of the Revenue and Taxation
Code for properties intended to be sold to low-income families who
participate in a special no-interest loan program.
(C) The local government shall enforce an equity sharing agreement
required pursuant to clause (i) or (ii) of subparagraph (A) unless it is
in conflict with the requirements of another public funding source or
law or may defer to the recapture provisions of the public funding
source. The following apply to the equity sharing agreement:
(i) Upon resale, the seller of the unit shall retain the value of any
improvements, the downpayment, and the seller’s proportionate
share of appreciation.
(ii) Except as provided in clause (v), the local government shall
recapture any initial subsidy, as defined in clause (iii), and its
proportionate share of appreciation, as defined in clause (iv),
which amount shall be used within five years for any of the
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EXHIBIT A
purposes described in subdivision (e) of Section 33334.2 of the
Health and Safety Code that promote homeownership.
(iii) For purposes of this subdivision, the local government’s initial
subsidy shall be equal to the fair market value of the home at the
time of initial sale minus the initial sale price to the moderate-
income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market
value is lower than the initial market value, then the value at the
time of the resale shall be used as the initial market value.
(iv) For purposes of this subdivision, the local government’s
proportionate share of appreciation shall be equal to the ratio of
the local government’s initial subsidy to the fair market value of
the home at the time of initial sale.
(v) If the unit is purchased or developed by a qualified nonprofit
housing corporation pursuant to clause (ii) of subparagraph (A)
the local government may enter into a contract with the qualified
nonprofit housing corporation under which the qualified
nonprofit housing corporation would recapture any initial
subsidy and its proportionate share of appreciation if the
qualified nonprofit housing corporation is required to use 100
percent of the proceeds to promote homeownership for lower
income households as defined by Section 50079.5 of the Health
and Safety Code Section 50079.5 within the jurisdiction of the
local government.
(3)
(A) An applicant shall be ineligible for a density bonus or any other
incentives or concessions under this section if the housing
development is proposed on any property that includes a parcel or
parcels on which rental dwelling units are or, if the dwelling units have
been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and families of
lower or very low income; subject to any other form of rent or price
control through a public entity’s valid exercise of its police power; or
occupied by lower or very low income households, unless the
proposed housing development replaces those units, and either of the
following applies:
(i) The proposed housing development, inclusive of the units
replaced pursuant to this paragraph, contains affordable units at
the percentages set forth in subdivision (b).
(ii) Each unit in the development, exclusive of a manager’s unit or
units, is affordable to, and occupied by, either a lower or very
low income household.
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EXHIBIT A
(B) For the purposes of this paragraph, “replace” shall mean either of the
following:
(i) If any dwelling units described in subparagraph (A) are occupied
on the date of application, the proposed housing development
shall provide at least the same number of units of equivalent size
to be made available at affordable rent or affordable housing cost
to, and occupied by, persons and families in the same or lower
income category as those households in occupancy. If the
income category of the household in occupancy is not known, it
shall be rebuttably presumed that lower income renter
households occupied these units in the same proportion of lower
income renter households to all renter households within the
jurisdiction, as determined by the most recently available data
from the United States Department of Housing and Urban
Development’s Comprehensive Housing Affordability Strategy
database. For unoccupied dwelling units described in
subparagraph (A) in a development with occupied units, the
proposed housing development shall provide units of equivalent
size to be made available at affordable rent or affordable housing
cost to, and occupied by, persons and families in the same or
lower income category as the last household in occupancy. If the
income category of the last household in occupancy is not
known, it shall be rebuttably presumed that lower income renter
households occupied these units in the same proportion of lower
income renter households to all renter households within the
jurisdiction, as determined by the most recently available data
from the United States Department of Housing and Urban
Development’s Comprehensive Housing Affordability Strategy
database. All replacement calculations resulting in fractional
units shall be rounded up to the next whole number. If the
replacement units will be rental dwelling units, these units shall
be subject to a recorded affordability restriction for at least 55
years. If the proposed development is for-sale units, the units
replaced shall be subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been
vacated or demolished within the five-year period preceding the
application, the proposed housing development shall provide at
least the same number of units of equivalent size as existed at
the highpoint of those units in the five-year period preceding the
application to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the
same or lower income category as those persons and families in
occupancy at that time, if known. If the incomes of the persons
and families in occupancy at the highpoint is not known, it shall
be rebuttably presumed that low-income and very low income
renter households occupied these units in the same proportion of
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EXHIBIT A
low-income and very low income renter households to all renter
households within the jurisdiction, as determined by the most
recently available data from the United States Department of
Housing and Urban Development’s Comprehensive Housing
Affordability Strategy database. All replacement calculations
resulting in fractional units shall be rounded up to the next whole
number. If the replacement units will be rental dwelling units,
these units shall be subject to a recorded affordability restriction
for at least 55 years. If the proposed development is for-sale
units, the units replaced shall be subject to paragraph (2).
(C)Notwithstanding subparagraph (B), for any dwelling unit described in
subparagraph (A) that is or was, within the five- year period preceding
the application, subject to a form of rent or price control through a
local government’s valid exercise of its police power and that is or
was occupied by persons or families above lower income, the City
may do either of the following:
(i)Require that the replacement units be made available at
affordable rent or affordable housing cost to, and occupied by,
low-income persons or families. If the replacement units will be
rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall be subject
to paragraph (2).
(ii)Require that the units be replaced in compliance with the
jurisdiction’s rent or price control ordinance, provided that each
unit described in subparagraph (A) is replaced. Unless otherwise
required by the jurisdiction’s rent or price control ordinance,
these units shall not be subject to a recorded affordability
restriction.
(D)For purposes of this paragraph, “equivalent size” means that the
replacement units contain at least the same total number of bedrooms
as the units being replaced.
(E)Subparagraph (A) does not apply to an applicant seeking a density
bonus for a proposed housing development if the applicant’s
application was submitted to, or processed by, the City before January
1, 2015.
d.
(1) An applicant for a density bonus pursuant to subdivision (b) may submit
to the City a proposal for the specific incentives or concessions that the
applicant requests pursuant to this section and may request a meeting with
the City. The City shall grant the concession or incentive requested by the
applicant unless the City makes a written finding, based upon substantial
evidence, of any of the following:
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EXHIBIT A
(A)The concession or incentive does not result in identifiable and actual
cost reductions, consistent with subdivision (k), to provide for
affordable housing costs, as defined in Section 50052.5 of the Health
and Safety Code, or for rents for the targeted units to be set as
specified in subdivision (c).
(B)The concession or incentive would have a specific, adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or on any real property that is listed in the
California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse
impact without rendering the development unaffordable to low-
income and moderate-income households.
(C)The concession or incentive would be contrary to state or federal law.
(2)The applicant shall receive the following number of incentives or
concessions:
(A)One incentive or concession for projects that include at least 10
percent of the total units for lower income households, at least 5
percent for very low-income households, or at least 10 percent for
persons and families of moderate income in a development in which
the units are for sale.
(B)Two incentives or concessions for projects that include at least 17
percent of the total units for lower income households, at least 10
percent for very low-income households, or at least 20 percent for
persons and families of moderate income in a development in which
the units are for sale.
(C)Three incentives or concessions for projects that include at least 24
percent of the total units for lower income households, at least 15
percent for very low-income households, or at least 30 percent for
persons and families of moderate income in a development in which
the units are for sale.
(D)Five Four incentives or concessions for a project meeting the criteria
of subparagraph (G) of paragraph (1) of subdivision (b). If the project
is located within one-half mile of a major transit stop or is located in
a very low vehicle travel area in a designated county, the applicant
shall also receive a height increase of up to three additional stories, or
33 feet.
(E)One incentive or concession for projects that include at least 20
percent of the total units for lower income students in a student
housing development.
(F)Four incentives or concessions for projects that include at least 16
percent of the units for very low income households or at least 45
percent for persons and families of moderate income in a
developments in which the units are for sale.
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EXHIBIT A
(3)The applicant may initiate judicial proceedings if the City refuses to grant a
requested density bonus, incentive, or concession. If a court finds that the
refusal to grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff reasonable
attorney’s fees and costs of suit. This subdivision shall not be interpreted
to require a local government to grant an incentive or concession that has a
specific, adverse impact, as defined in paragraph (2) of subdivision (d) of
Section 65589.5, upon health or safety, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
This subdivision shall not be interpreted to require a local government to
grant an incentive or concession that would have an adverse impact on
any real property that is listed in the California Register of Historical
Resources. The City shall establish procedures for carrying out this section
that shall include legislative body approval of the means of compliance with
this section.
(4)The City shall bear the burden of proof for the denial of a requested
concession or incentive.
e.
(1) In no case may the City apply any development standard that will have the
effect of physically precluding the construction of a development meeting
the criteria of subdivision (b) at the densities or with the concessions or
incentives permitted by this section. Subject to paragraph (3), an applicant
may submit to the City a proposal for the waiver or reduction of
development standards that will have the effect of physically precluding
the construction of a development meeting the criteria of subdivision (b)
at the densities or with the concessions or incentives permitted under this
section and may request a meeting with the City. If a court finds that the
refusal to grant a waiver or reduction of development standards is in
violation of this section, the court shall award the plaintiff reasonable
attorney’s fees and costs of suit. This subdivision shall not be interpreted
to require a local government to waive or reduce development standards
if the waiver or reduction would have a specific, adverse impact, as defined
in paragraph (2) of subdivision (d) of Section 65589.5, upon health or
safety, and for which there is no feasible method to satisfactorily mitigate
or avoid the specific, adverse impact. This subdivision shall not be
interpreted to require a local government to waive or reduce development
standards that would have an adverse impact on any real property that is
listed in the California Register of Historical Resources, or to grant any
waiver or reduction that would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development standards pursuant
to this subdivision shall neither reduce nor increase the number of incentives
or concessions to which the applicant is entitled pursuant to subdivision (d).
(3) A housing development that receives a waiver from any maximum controls
on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of
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EXHIBIT A
subdivision (f) shall only be eligible for a waiver or reduction of
development standards as provided in subparagraph (D) of paragraph (2) of
subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of
subdivision (f), unless the City agrees to additional waivers or reductions of
development standards.
f. For the purposes of this chapter, “density bonus” means a density increase over
the otherwise maximum allowable gross residential density as of the date of
application by the applicant to the City, or, if elected by the applicant, a lesser
percentage of density increase, including, but not limited to, no increase in
density. The amount of density increases to which the applicant is entitled shall
vary according to the amount by which the percentage of affordable housing units
exceeds the percentage established in subdivision (b).
(1)For housing developments meeting the criteria of subparagraph (A) of
paragraph (1) of subdivision (b), the density bonus shall be calculated as
follows:
Percentage Low-Income Units Percentage Density
Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
(2)For housing developments meeting the criteria of subparagraph (B) of
paragraph (1) of subdivision (b), the density bonus shall be calculated as
follows:
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EXHIBIT A
Percentage Very Low-Income Units Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
(3)
(A)For housing developments meeting the criteria of subparagraph (C) of
paragraph (1) of subdivision (b), the density bonus shall be 20 percent
of the number of senior housing units.
(B)For housing developments meeting the criteria of subparagraph (E) of
paragraph (1) of subdivision (b), the density bonus shall be 20 percent
of the number of the type of units giving rise to a density bonus under
that subparagraph.
(C)For housing developments meeting the criteria of subparagraph (F) of
paragraph (1) of subdivision (b), the density bonus shall be 35 percent
of the student housing units.
(D)For housing developments meeting the criteria of subparagraph (G) of
paragraph (1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clauses (ii) and (iii), the density
bonus shall be 80 percent of the number of units for lower
income households.
(ii)If the housing development is located within one-half mile of a
major transit stop, the City shall not impose any maximum
controls on density.
(iii)If the housing development is located in a very low vehicle travel
area within a designated county, the City shall not impose any
maximum controls on density.
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EXHIBIT A
(4) For housing developments meeting the criteria of subparagraph (D) of
paragraph (1) of subdivision (b), the density bonus shall be calculated as
follows:
Percentage Moderate-Income Units Percentage Density
Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
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EXHIBIT A
Percentage Moderate-Income Units Percentage Density
Bonus
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
(5) All density calculations resulting in fractional units shall be rounded up to
the next whole number. The granting of a density bonus shall not require,
or be interpreted, in and of itself, to require a general plan amendment, local
coastal plan amendment, zoning change, or other discretionary approval.
g.
(1) When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the City in accordance
with this subdivision, the applicant shall be entitled to a 15-percent increase
above the otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Very Low Income Percentage Density
Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
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EXHIBIT A
Percentage Very Low Income Percentage Density
Bonus
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2) This increase shall be in addition to any increase in density mandated by
subdivision (b), up to a maximum combined mandated density increase of
35 percent if an applicant seeks an increase pursuant to both this subdivision
and subdivision (b). All density calculations resulting in fractional units
shall be rounded up to the next whole number. Nothing in this subdivision
shall be construed to enlarge or diminish the authority of the City to require
a developer to donate land as a condition of development. An applicant
shall be eligible for the increased density bonus described in this
subdivision if all of the following conditions are met:
(A)The applicant donates and transfers the land no later than the date of
approval of the final subdivision map, parcel map, or residential
development application.
(B)The developable acreage and zoning classification of the land being
transferred are sufficient to permit construction of units affordable to
very low-income households in an amount not less than 10 percent of
the number of residential units of the proposed development.
(C)The transferred land is at least one acre in size or of sufficient size to
permit development of at least 40 units, has the appropriate general
plan designation, is appropriately zoned with appropriate
development standards for development at the density described in
paragraph (3) of subdivision (c) of Section 65583.2, and is or will be
served by adequate public facilities and infrastructure.
(D)The transferred land shall have all of the permits and approvals, other
than building permits, necessary for the development of the very low
income housing units on the transferred land, not later than the date of
approval of the final subdivision map, parcel map, or residential
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EXHIBIT A
development application, except that the local government may
subject the proposed development to subsequent design review to the
extent authorized by subdivision (i) of Section 65583.2 if the design
is not reviewed by the local government before the time of transfer.
(E)The transferred land and the affordable units shall be subject to a deed
restriction ensuring continued affordability of the units consistent with
paragraphs (1) and (2) of subdivision (c), which shall be recorded on
the property at the time of the transfer.
(F)The land is transferred to the local agency or to a housing developer
approved by the local agency. The local agency may require the
applicant to identify and transfer the land to the developer.
(G)The transferred land shall be within the boundary of the proposed
development or, if the local agency agrees, within one-quarter mile of
the boundary of the proposed development.
(H)A proposed source of funding for the very low-income units shall be
identified not later than the date of approval of the final subdivision
map, parcel map, or residential development application.
h.
(1) When an applicant proposes to construct a housing development that
conforms to the requirements of subdivision (b) and includes a childcare
facility that will be located on the premises of, as part of, or adjacent to, the
project, the City shall grant either of the following:
(A)An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the amount of square
feet in the childcare facility.
(B)An additional concession or incentive that contributes significantly to
the economic feasibility of the construction of the childcare facility.
(2)The City shall require, as a condition of approving the housing
development, that the following occur:
(A)The childcare facility shall remain in operation for a period of time
that is as long as or longer than the period of time during which the
density bonus units are required to remain affordable pursuant to
subdivision (c).
(B)Of the children who attend the childcare facility, the children of very
low-income households, lower income households, or families of
moderate income shall equal a percentage that is equal to or greater
than the percentage of dwelling units that are required for very low-
income households, lower income households, or families of
moderate income pursuant to subdivision (b).
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EXHIBIT A
(3)Notwithstanding any requirement of this subdivision, the City shall not be
required to provide a density bonus or concession for a childcare facility if
it finds, based upon substantial evidence, that the community has adequate
childcare facilities.
(4)“Childcare facility,” as used in this section, means a child daycare facility
other than a family daycare home, including, but not limited to, infant
centers, preschools, extended daycare facilities, and school age childcare
centers.
i. “Housing development,” as used in this section, means a development project for
five or more residential units, including mixed-use developments. For the
purposes of this section, “housing development” also includes a subdivision or
common interest development, as defined in Section 4100 of the Civil Code,
approved by the City and consists of residential units or unimproved residential
lots and either a project to substantially rehabilitate and convert an existing
commercial building to residential use or the substantial rehabilitation of an
existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4,
where the result of the rehabilitation would be a net increase in available
residential units. For the purpose of calculating a density bonus, the residential
units shall be on contiguous sites that are the subject of one development
application, but do not have to be based upon individual subdivision maps or
parcels. The density bonus shall be permitted in geographic areas of the housing
development other than the areas where the units for the lower income households
are located.
j.
(1) The granting of a concession or incentive shall not require or be interpreted,
in and of itself, to require a general plan amendment, local coastal plan
amendment, zoning change, study, or other discretionary approval. For
purposes of this subdivision, “study” does not include reasonable
documentation to establish eligibility for the concession or incentive or to
demonstrate that the incentive or concession meets the definition set forth
in subdivision (k). This provision is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting of a density
bonus shall not require or be interpreted to require the waiver of a local
ordinance or provisions of a local ordinance unrelated to development
standards.
k. For the purposes of this chapter, concession or incentive means any of the
following:
(1)A reduction in site development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum
building standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code, including, but not limited to, a
reduction in setback and square footage requirements and in the ratio of
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EXHIBIT A
vehicular parking spaces that would otherwise be required that results in
identifiable and actual cost reductions, to provide for affordable housing
costs, as defined in Section 50052.5 of the Health and Safety Code, or for
rents for the targeted units to be set as specified in subdivision (c).
(2)Approval of mixed-use zoning in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of the
housing development and if the commercial, office, industrial, or other land
uses are compatible with the housing project and the existing or planned
development in the area where the proposed housing project will be located.
(3)Other regulatory incentives or concessions proposed by the developer or the
City that result in identifiable and actual cost reductions to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and
Safety Code, or for rents for the targeted units to be set as specified in
subdivision (c).
l. Subdivision (k) does not limit or require the provision of direct financial
incentives for the housing development, including the provision of publicly
owned land, by the City, or the waiver of fees or dedication requirements.
m. This section does not supersede or in any way alter or lessen the effect or
application of the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code). Any density bonus, concessions,
incentives, waivers or reductions of development standards, and parking ratios to
which the applicant is entitled under this section shall be permitted in a manner
that is consistent with this section and Division 20 (commencing with Section
30000) of the Public Resources Code.
n. If permitted by local ordinance, nothing in this section shall be construed to
prohibit the City from granting a density bonus greater than what is described in
this section for a development that meets the requirements of this section or from
granting a proportionately lower density bonus than what is required by this
section for developments that do not meet the requirements of this section.
o. For purposes of this section, the following definitions shall apply:
(1)“Designated county” includes the Counties of Alameda, Contra Costa, Los
Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino,
San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano,
Sonoma, and Ventura, and the City and County of San Francsico.
(2)“Development standard” includes a site or construction condition,
including, but not limited to, a height limitation, a setback requirement, a
floor area ratio, an onsite open-space requirement, a minimum lot area per
unit requirement, or a parking ratio that applies to a residential development
pursuant to any ordinance, general plan element, specific plan, charter, or
other local condition, law, policy, resolution, or regulation.
(3)“Located within one-half mile of a major transit stop” means that any point
on a proposed development, for which an applicant seeks a density bonus,
other incentives or concessions, waivers or reductions of development
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EXHIBIT A
standards, or a vehicular parking ratio pursuant to this section, is within
one-half mile of any point on the property on which a major transit stop is
located, including any parking lot owned by the transit authority or other
local agency operating the major transit stop.
(4)“Lower income student” means a student who has a household income
and asset level that does not exceed the level for Cal Grant A or Cal Grant
B award recipients as set forth in paragraph (1) of subdivision (k) of Section
69432.7 of the Education Code. The eligibility of a student to occupy a unit
for lower income students under this section shall be verified by an
affidavit, award letter, or letter of eligibility provided by the institution of
higher education in which the student is enrolled or by the California
Student Aid Commission that the student receives or is eligible for financial
aid, including an institutional grant or fee waiver from the college or
university, the California Student Aid Commission, or the federal
government.
(5)“Major transit stop” has the same meaning as defined in subdivision (b) of
Section 21155 of the Public Resources Code.
(6)“Maximum allowable residential density” or “base density” means the
greatest number of units allowed under the zoning ordinance, specific plan,
or land use element of the general plan, or, if a range of density is permitted,
means the greatest number of units allowed by the specific zoning range,
specific plan, or land use element of the general plan applicable to the
project. Density shall be determined using dwelling units per acre.
However, if the applicable zoning ordinance, specific plan, or land use
element of the general plan does not provide a dwelling-units-per-acre
standard for density, then the local agency shall calculate the number of
units by:
(A)Estimating the realistic development capacity of the site based on the
objective development standards applicable to the project, including,
but not limited to, floor area ratio, site coverage, maximum building
height and number of stories, building setbacks and stepbacks, public
and private open-space requirements, minimum percentage or square
footage of any nonresidential component, and parking requirements,
unless not required for the base project. Parking requirements shall
include considerations regarding number of spaces, location, design,
type, and circulation. A developer may provide a base density study
and the local agency shall accept it, provided that it includes all
applicable objective development standards.
(B)Maintaining the same average unit size and other project details
relevant to the base density study, excepting those that may be
modified by waiver or concession to accommodate the bonus units, in
the proposed project as in the study.
(7)
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EXHIBIT A
(A)
(i) “Shared housing building” means a residential or mixed-use
structure, with five or more shared housing units and one or
more common kitchens and dining areas designed for permanent
residence of more than 30 days by its tenants. The kitchens and
dining areas within the shared housing building shall be able to
adequately accommodate all residents. If a local ordinance
further restricts the attributes of a shared housing building
beyond the requirements established in this section, the local
definition shall apply to the extent that it does not conflict with
the requirements of this section.
(ii) “shared housing building” may include other dwelling units that
are not shared housing units, provided that those dwelling units
do not occupy more than 25 percent of the floor area of the
shared housing building. A shared housing building may include
100 percent shared housing units.
(B) “Shared housing unit” means one or more habitable rooms, not within
another dwelling unit, that includes a bathroom, sink, refrigerator, and
microwave, is used for permanent residence, that meets the “minimum
room area” specified in Section R304 of the California Residential
Code (Part 2.5 of Title 24 of the California Code of Regulations) and
complies with the definition of “guestroom” in Section R202 of the
California Residential Code. If a local ordinance further restricts the
attributes of a shared housing building beyond the requirements
established in this section, the local definition shall apply to the extent
that it does not conflict with the requirements of this section.
(8)
(A)“Total units” or “total dwelling units” means a calculation of the
number of units that:
(i)Excludes a unit added by a density bonus awarded pursuant to
this section or any local law granting a greater density bonus.
(ii)Includes a unit designated to satisfy an inclusionary zoning
requirement of the City.
(B)For purposes of calculating a density bonus granted pursuant to this
section for a shared housing building, “unit” means one shared
housing unit and its pro rata share of associated common area
facilities.
(9)“Very low vehicle travel area” means an urbanized area, as designated by
the United States Census Bureau, where the existing residential
development generates vehicle miles traveled per capita that is below 85
percent of either regional vehicle miles traveled per capita or city vehicle
miles traveled per capita. For purposes of this paragraph, “area” may
include a travel analysis zone, hexagon, or grid. For the purposes of
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EXHIBIT A
determining “regional vehicle miles traveled per capita” pursuant to this
paragraph, a “region” is the entirety of incorporated and unincorporated
areas governed by a multicounty or single-county metropolitan planning
organization, or the entirety of the incorporated and unincorporated areas of
an individual county that is not part of a metropolitan planning organization.
p.
(1) Except as provided in paragraphs (2), (3), and (4), upon the request of the
developer, the City shall not require a vehicular parking ratio, inclusive of
parking for persons with a disability and guests, of a development meeting
the criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A)Zero to one bedroom: one onsite parking space.
(B)Two to three bedrooms: one and one-half onsite parking spaces.
(C)Four and more bedrooms: two and one-half parking spaces.
(2)
(A)Notwithstanding paragraph (1), if a development includes at least 20
percent low-income units for housing developments meeting the
criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at
least 11 percent very low income units for housing developments
meeting the criteria of subparagraph (B) of paragraph (1) of
subdivision (b), is located within one-half mile of a major transit stop,
and there is unobstructed access to the major transit stop from the
development, then, upon the request of the developer, the City shall
not impose a vehicular parking ratio, inclusive of parking for persons
with a disability and guests, that exceeds 0.5 spaces per unit.
Notwithstanding paragraph (1), if a development includes at least 40
percent moderate-income units for housing developments meeting
the criteria of subparagraph (D) of paragraph (1) of subdivision (b),
is located within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, and
the residents of the development have unobstructed access to the
major transit stop from the development then, upon the request of the
developer, the City shall not impose a vehicular parking ratio,
inclusive of parking for persons with a disability and guests, that
exceeds 0.5 spaces per bedroom.
(B)For purposes of this subdivision, “unobstructed access to the major
transit stop” means a resident is able to access the major transit stop
without encountering natural or constructed impediments. For
purposes of this subparagraph, “natural or constructed impediments”
includes, but is not limited to, freeways, rivers, mountains, and bodies
of water, but does not include residential structures, shopping centers,
parking lots, or rails used for transit.
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EXHIBIT A
(3)Notwithstanding paragraph (1), if a development meets the criteria of
subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request
of the developer, the City shall not impose vehicular parking standards if
the development meets any of the following criteria:
(A)The development is located within one-half mile of a major transit
stop and there is unobstructed access to the major transit stop from
the development.
(B)The development is a for-rent housing development for individuals
who are 55 years of age or older that complies with Sections 51.2
and 51.3 of the Civil Code and the development has either paratransit
service or unobstructed access, within one-half mile, to fixed bus
route service that operates at least eight times per day.
(C)The development is either a special needs housing development, as
defined in Section 51312 of the Health and Safety Code, or a
supportive housing development, as defined in Section 50675.14
of the Health and Safety Code. A development that is a special
needs housing development shall have either paratransit service or
unobstructed access, within one-half mile, to fixed bus route
service that operates at least eight times per day.
(4)If the total number of parking spaces required for a
development is other than a whole number, the number shall
be rounded up to the next whole number. For purposes of
this subdivision, a development may provide onsite parking
through tandem parking or uncovered parking, but not
through onstreet parking.
(5)This subdivision shall apply to a development that meets
the requirements of subdivisions (b) and (c), but only at
the request of the applicant. An applicant may request
parking incentives or concessions beyond those provided
in this subdivision pursuant to subdivision (d).
(6)This subdivision does not preclude the City from reducing or
eliminating a parking requirement for development projects
of any type in any location.
(7)Notwithstanding paragraphs (2) and (3), if the City or an
independent consultant has conducted an areawide or
jurisdiction wide parking study in the last seven years, then
the City may impose a higher vehicular parking ratio not to
exceed the ratio described in paragraph (1), based upon
substantial evidence found in the parking study, that includes,
but is not limited to, an analysis of parking availability,
differing levels of transit access, walkability access to transit
services, the potential for shared parking, the effect of parking
requirements on the cost of market- rate and subsidized
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EXHIBIT A
developments, and the lower rates of car ownership for low-
income and very low income individuals, including seniors and
special needs individuals. The City shall pay the costs of any
new study. The City shall make findings, based on a parking
study completed in conformity with this paragraph, supporting
the need for the higher parking ratio.
(8)A request pursuant to this subdivision shall neither reduce
nor increase the number of incentives or concessions to
which the applicant is entitled pursuant to subdivision (d).
q. Each component of any density calculation, including base density and bonus
density, resulting in fractional units shall be separately rounded up to the next
whole number. The Legislature finds and declares that this provision is
declaratory of existing law.
r. This chapter shall be interpreted liberally in favor of producing the maximum
number of total housing units.
s. Notwithstanding any other law, if the City has adopted an ordinance or a
housing program, or both an ordinance and a housing program, that incentivizes
the development of affordable housing that allows for density bonuses that
exceed the density bonuses required by the version of this section effective
through December 31, 2020, the City is not required to amend or otherwise
update its ordinance or corresponding affordable housing incentive program
to comply with the amendments made to this section by the act adding this
subdivision, and is exempt from complying with the incentive and concession
calculation amendments made to this section by the act adding this subdivision
as set forth in subdivision (d), particularly subparagraphs (B) and (C) of
paragraph (2) of that subdivision, and the amendments made to the density
tables under subdivision (f).
t. When an applicant proposes to construct a housing development that conforms
to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision
(b) that is a shared housing building, the City shall not require any minimum
unit size requirements or minimum bedroom requirements that are in conflict
with paragraph (7) of subdivision (o).
u.
(1) The Legislature finds and declares that the intent behind the Density
Bonus Law is to allow public entities to reduce or even eliminate
subsidies for a particular project by allowing a developer to include more
total units in a project than would otherwise be allowed by the local zoning
ordinance in exchange for affordable units. It further reaffirms that the
intent is to cover at least some of the financing gap of affordable housing
with regulatory incentives, rather than additional public subsidy.
(2) It is therefore the intent of the Legislature to make modifications to the
Density Bonus Law by the act adding this subdivision to further
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EXHIBIT A
incentivize the construction of very low, low-, and moderate-income
housing units. It is further the intent of the Legislature in making these
modifications to the Density Bonus Law to ensure that any additional
benefits conferred upon a developer are balanced with the receipt of a
public benefit in the form of adequate levels of affordable housing. The
Legislature further intends that these modifications will ensure that the
Density Bonus Law creates incentives for the construction of more housing
across all areas of the state.
(v)
(1) Provided that the resulting housing development would not restrict more
than 50 percent of the total units to moderate-income, lower income, or very
low income households, a City shall grant an additional density bonus
calculated pursuant to paragraph (2) when an applicant proposes to
construct a housing development that conforms to the requirements of
paragraph (1) of subdivision (b), agrees to include additional rental or for-
sale units affordable to very low income households or moderate income
households, and meets any of the following requirements:
(A) The housing development conforms to the requirements of
subparagraph (A) of paragraph (1) of subdivision (b) and provides 24
percent of the total units to lower income households.
(B) The housing development conforms to the requirements of
subparagraph (B) of paragraph (1) of subdivision (b) and provides 15
percent of the total units to very low-income households.
(C) The housing development conforms to the requirements of
subparagraph (D) of paragraph (1) of subdivision (b) and provides 44
percent of the total units to moderate-income households.
(2) A City shall grant an additional density bonus for a housing development
that meets the requirements of paragraph (1), calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus
5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Percentage Moderate-Income Units Percentage Density Bonus
5 20
6 22.5
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EXHIBIT A
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
(3) The increase required by paragraphs (1) and (2) shall be in addition to any
increase in density granted by subdivision (b).
(4) The additional density bonus required under this subdivision shall be
calculated using the number of units excluding any density bonus awarded
by this section.
This section contains two density bonus provisions. The first entitlement is based
upon the provision of affordable housing pursuant to State Government Code
Section 65915. The second provision is intended to provide density bonus incentives
for the incorporation of on-site amenities.
1.Affordable Housing
State Government Code Section 65915 provides for the granting of a density
bonus or other incentives of equivalent financial value when a developer of
housing agrees to construct at least 1 of the following:
a.Twenty percent of the total units of a housing development for persons and
families or lower income, as defined in Section 50079.5 of the Health and
Safety Code.
b.Ten percent of the total units of a housing development for very low income
households, as defined in Section 50105 of the Health and Safety Code.
c.Fifty percent of the total dwelling units of a housing development for qualifying
residents, as defined in Section 51.2 of the Civil Code.
A request for a density bonus and regulatory concessions and/or incentives shall
require Conditional Use Permit review and be subject to the following
provisions:
a.For the purpose of this Section, "density bonus" shall mean a density increase
of 25% over the otherwise maximum allowable residential density under this
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EXHIBIT A
Development Code and the General Plan. When determining the number of
housing units which are to be affordable, the density bonus shall not be
included.
b.The purposes for implementing this section are as follows:
1)The City shall within 90 days of receipt of a written proposal, notify the
developer in writing of the procedures governing these provisions.
2)The Council may approve the density bonus and regulatory concessions
and/or incentives only if all of the following findings are made:
a)The developer has proven that the density bonus and adjustment of
standards is necessary to make the project economically feasible;
b)That additional adjustment of standards is not required in order for
the rents for the targeted units to be set, pursuant to Government
Code Section 65915(c); and
c)The proposed project is compatible with the purpose and intent of the
General Plan and this Development Code.
c.The density bonus shall only apply to housing developments consisting of five
or more dwelling units.
d.The density bonus provision shall not apply to senior citizen and senior
congregate care housing projects that utilize the senior citizen housing
density provisions of this Development Code.
e.Prior to the issuance of a building permit for any dwelling unit in a
development for which "density bonus units" have been awarded or incentives
have been received, the developer shall submit documentation which identifies
the restricted units and shall enter into a written agreement with the City to
guarantee for 30 years their continued use and availability to low and
moderate-income households. The agreement shall extend more than 30 years
if required by the Construction or Mortgage Financing Assistance Program,
Mortgage Insurance Program, or Rental Subsidy Program. The terms and
conditions of the agreement shall run with the land which is to be developed,
shall be binding upon the successor in interest of the developer, and shall be
recorded in the Office of the San Bernardino County Recorder.
The agreement shall include the following provisions:
1)The developer shall give the City the continuing right-of-first- refusal to
purchase or lease any or all of the designated units at the fair market value;
2)The deeds to the designated units shall contain a covenant stating that the
developer or his/her successor in interest shall not sell, rent, lease, sublet,
assign, or otherwise transfer any interests for same without the written
approval of the City confirming that the sales price of the units is
consistent with the limits established for low- and moderate-income
households, which shall be related to the Consumer Price Index;
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EXHIBIT A
3)The City shall have the authority to enter into other agreements with the
developer or purchasers of the dwelling units, as may be necessary to
assure that the required dwelling units are continuously occupied by
eligible households.
f."Density bonus units" shall be generally dispersed throughout a
development project and shall not differ in appearance from other units
in the development.
g.The City shall provide, in addition to a density bonus, at least 1 of the
following regulatory concessions and/or incentives to ensure that the multi-
family residential project will be developed at a reduced cost:
1)A reduction or modification of Development Code requirements which
exceed the minimum building standards approved by the State Building
Standards Commission as provided in Part 2.5 (commencing with Section
18901) of Division 123 of the Health and Safety Code, including, but not
limited to, a reduction in setback and square footage requirements and in
the ratio of vehicular parking spaces that would otherwise be required.
2)Approval of mixed use development in conjunction with the multi-family
residential project if commercial, office, industrial, or other land uses will
reduce the cost of the development and if the project will be compatible
internally as well as with the existing or planned development in the area
where the proposed housing project will be located.
3)Other regulatory incentives or concessions proposed by the developer or the
City which result in identifiable cost reductions.
2.Amenities Bonus Provision
This provision allows an increase in the maximum permitted density of 15% in
only the RU, RM, RMH, RH, CO-1 & 2, CG-2, and CR-2 land use zoning
districts. Increases of up to 15% may be granted based upon the finding(s) that
any proper combination of the following amenities are provided in excess of
those required by the applicable zone:
a.Architectural features that promote upscale multi-family development;
b.Additional on-site or off-site mature landscaping which will benefit the project;
c.Additional useable open space;
d.Attached garages;
e.Additional recreational facilities (i.e., clubhouse, play area, pool/Jacuzzi, tennis
court, etc.); and
f.Day care facilities.
This amenity bonus provision shall not be used as an addition to the affordable
housing density bonus provision.
Packet Page. 718
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Resolution Approving Street Vacation (15.30-440) of a
Portion along 9th Street and Tippecanoe Avenue and
Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-053 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion along 9th Street and
Tippecanoe Avenue, and reservation of utilities therein.
Executive Summary
The recommended action is the final step required to complete the street vacation
process for a portion of 9th Street and a portion of Tippecanoe Avenue. The proposed
street vacation will terminate this portion of public right of way and transfer ownership
to the underlying property owner.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under
the General Vacation Procedures outlined in SHC sections 8320 through 8325. First,
a legislative body may initiate proceedings either on its own initiative or upon a petition
or request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour, and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the street. The street
3acNet 3age 719
vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was
received on August 4, 2022, from the property owner, PME Oakmont Tippecanoe, LP.
The stated reason for the petition to vacate this portion of 9th Street and a portion of
Tippecanoe Avenue is to accommodate a new industrial warehouse development.
On May 3, 2023, the Mayor and City Council authorized staff to proceed with an
investigation and analysis, as required by SHC, to vacate the street. On May 31, 2023,
notices were sent out to City Departments, San Bernardino County Fire, utility
providers, including the Water Department, informing them of the proposed street
vacation. On January 25, 2024, staff sent out notices to residents within 1000’ of the
property informing them of the proposed street vacation. Staff has received a request
from Southern California Edison to reserve easements and has received no additional
responses from utilities or residential stakeholders.
On October 10, 2023, The Planning Commission, of the City of San Bernardino, voted
3-3 on the proposed Resolution, thus failing to issue a finding of conformity with the
City’s General Plan.
On January 17, 2024, the Mayor and City Council authorized staff to proceed with the
public hearing and set the date and time for March 6, 2024, at 7:00PM and will be held
in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555
West 6th Street, San Bernardino, California.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s
Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-440,
with reservation of utility easements therein, adopting a Categorical Exemption for the
street vacation, and make a final order of vacation for the street as described in the
Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the
final order for Real Property Street Vacation 15.30-440 has been recorded with the
San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to
SHC section 8324, the resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied and may instruct
the clerk that the resolution of vacation is not recorded until the conditions have been
satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Packet Page. 720
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in
fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-053 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion along 9th Street and
Tippecanoe Avenue, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-053
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
Ward:
First Ward
Synopsis of Previous Council Actions:
May 3, 2023 The Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate a portion of 9th Street and a portion of
Tippecanoe Avenue and reservation of utilities therein
January 17, 2024 The Mayor and City Council adopted Resolution No.
2024-010 declaring its intent to conduct a public hearing to order the vacation of a
portion along 9th Street and Tippecanoe Avenue and reservation of utilities therein,
and set the date and time of the public hearing for March 6, 2024, at 7:00PM.
Packet Page. 721
Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
Page 1 of 4
4
1
2
6
RESOLUTION NO. 2024-053
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION ALONG
9TH STREET AND TIPPECANOE ANENUE AND
RESERVATION OF UTILITIES THEREIN.
WHEREAS, the Public Works Department previously received a petition to vacate a
portion along 9th Street and Tippecanoe Avenue; and
WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with
an investigation and analysis to vacate the street; and
WHEREAS, on September 18, 2023, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, informing them of the
proposed street vacation and
WHEREAS, on October 10, 2023, the Planning Commission voted 3-3 on the proposed
Resolution, thus failing to issue a finding of conformity with the City’s General Plan; and
WHEREAS, on January 17, 2024, the Mayor and City Council adopted Resolution No.
2024-010 declaring its intention to conduct a public hearing on March 6, 2024, to order the street
vacation; and
WHEREAS, on January 25, 2024, notices were sent out to residents within 1000 feet
informing them of the proposed street vacation; and
WHEREAS, on March 6, 2024, a public hearing was held where all persons interested in
or objecting to the proposed vacation areas appeared before the Mayor and City Council of San
Bernardino, California, and offered evidence in relation to the vacation of a portion along 9th
Street and Tippecanoe Avenue, and the reservation of utilities therein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a
along 9th Street and Tippecanoe Avenue, elects to proceed in accordance with the provisions of
the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of
the Streets and Highways Code of the State of California.
Packet Page. 722
Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
Page 2 of 4
4
1
2
6
SECTION 3. The Mayor and City Council of said City do hereby vacate that portion of
along 9th Street and Tippecanoe Avenue as described on each of the attached legal descriptions as
Exhibit “A”, and on each of the maps attached as Exhibit “B”.
SECTION 4. Approval of this Resolution shall not affect or disturb any other existing
easements for public utility purposes belonging either to the City of San Bernardino or public
entity that existed prior to these vacation proceedings. Reservations of easements are made in
accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and
Highways Code of the State of California, with reservations of the easement as requested from
Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 723
Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
Page 3 of 4
4
1
2
6
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 724
Resolution No. 2024-053
Resolution No. 2024-053
March 6, 2024
Page 4 of 4
4
1
2
6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-053, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 725
HUITT-ZOLLARS, INC. 2603 Main Street Suite 400 Irvine, CA 92614-4250 949.988.5815 phone 949.988.5820 fax huitt-zollars.com
R:\R314211.01\02\02.10\ROW Vacation
R314211.01
05-17-2022
REVISED
12-28-2022
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
Those portions of Parcel 2S described in that certain Grant Deed, in the City of San
Bernardino, County of San Bernardino, State of California, recorded October 29, 1954, in
Book 3495, Page 381, of Official Records, in the office of the County Recorder of said
county; together with that portion as of the land described in that certain Grant Deed, in
said City of San Bernardino, recorded October 29, 1954, in Book 3495, Page 387, of said
Official Records, all lying within Lot 3 of the Map of Jackson Subdivision, in said City of
San Bernardino, as shown on the map filed in Book 18, Page 77, of Maps, in said office
of the County Recorder described in parcels as follows:
Parcel 1:
BEGINNING at the Northwesterly terminus of that certain course shown as having a
bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown
on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County
Recorder; thence along the Northwesterly prolongation of said course North 45°03'55"
West 7.07 feet to a line being parallel with and 5.00 feet Northerly of the Southerly line
of said Parcel 2S; thence along said parallel line South 89°56'04" West 495.64 feet to the
Easterly line of the Westerly 150.00 feet of said Lot 3; thence along said Easterly line
South 00°14'24" East 5.00 feet to the Southerly line of said Grant Deed recorded in Book
3495, Page 387 of said Official Records; thence along said Southerly lines of said Grant
Deed and Parcel 2S North 89°56'04" East 550.64 feet back to the POINT OF
BEGINNING.
Containing an area of 2,492 square feet, more or less.
Parcel 2:
BEGINNING at the Southeasterly terminus of that certain course shown as having a
bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown
on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County
Recorder; thence along the Southeasterly prolongation of said course South 45°03'55"
Exhibit A
Packet Page. 726
EXHIBIT "A" R314211.01
LEGAL DESCRIPTION-CONTINUED 05-17-2022
PAGE 2 REVISED
12-28-2022
East 9.90 feet; thence South 01°09'45" East 173.03 feet to the Southerly line of said
Parcel 2S; thence along the Southerly and Westerly lines of said Parcel 2S the following
two (2) courses: South 89°56'40" West 10.50 feet and North 00°00'20" West 180.00 feet
to the POINT OF BEGINNING.
Containing an area of 1,518 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements,
if any, of record.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
___________________________________
DAVID W. MACKEY, PLS 8912
Packet Page. 727
Exhibit B
Packet Page. 728
Packet Page. 729
Packet Page. 730
Public Hearing – Proposed Street Vacation
Portion along 9th Street and Tippecanoe Avenue
Presented by Joshua Dramitinos, Deputy Director of Economic Development
Packet Page. 731
Public Hearing – Street Vacation
•Applicant: PME Oakmont Tippecanoe, LP
•Reason for Request: The reason stated for the petition to vacate this
portion of 9th Street and a portion of Tippecanoe Avenue is to
accommodate a new industrial warehouse development.
Packet Page. 732
Public Hearing – Street Vacation
Proposed Vacation
of a portion of 9th Street
and Tippecanoe Avenue
– Plat Map
Packet Page. 733
Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation -
Portion of 9th Street and
Tippecanoe Avenue
Packet Page. 734
Public Hearing – Street Vacation
•Utility Companies notified –Southern California Edison easements will
be preserved.
•Notice of this hearing was posted and published; and mailed to
surrounding property owners within 1000 feet of the proposed vacation.
Packet Page. 735
Questions?
Packet Page. 736
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and
Housing Director
Community, Housing, & Economic Development (CED)
Resolution Approving Street Vacation (15.30-437) of a
Portion of Harris Street Between North “I” Street and
“J” Street and South of West 9th Street and
Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-051 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion of Harris Street
between North “I” Street and “J” Street and south of West 9th Street, and reservation
of utilities therein.
Executive Summary
The recommended action is the final step that is required to complete the street
vacation process for a portion of Harris Street. The street vacation will terminate this
portion of public right of way and transfer ownership to the underlying property owner.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under
the General Vacation Procedures outlined in SHC sections 8320 through 8325. First,
a legislative body may initiate proceedings either on its own initiative or upon a petition
or request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour, and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
3acNet 3age 737
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Harris Street was received on June 7, 2021, from O&A
Development, LLC, the owner of five parcels located at the northern termination of
Harris Street, west of the 215 Freeway and south of W 9th Street. (APNs: 0139-261-
21, 0136-262-16, 0139-262-21, 0139-262-18, and 0139-262-22). The stated reason
for the petition to vacate this portion of Harris Street is to complete a Lot Merger to
accommodate the development of the five individual parcels, making them contiguous.
Vacating this portion of the unused street will adjoin split parcels, this maximizing future
development.
On September 6, 2023, the Mayor and City Council authorized staff to proceed with an
investigation and analysis, as required by SHC, to vacate the street. On September
18, 2023, notices were sent out to City Departments, San Bernardino County Fire,
utility providers, including the Water Department, informing them of the proposed street
vacation. Staff has received requests from the SoCal Gas Company, Southern
California Edison, and the San Bernardino Municipal Water Department to reserve
utility easements.
On December 12, 2023, the Planning Commission adopted Resolution No. 2023-
038PC, finding the proposed street vacation of a portion of Harris Street between N ”I”
Street and ”J” Street and south of West 9th Street, consistent with the City’s General
Plan.
On January 17, 2024, the Mayor and City Council authorized staff to proceed with the
public hearing and set the date and time for March 6, 2024, at 7:00PM and will be held
in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555
West 6th Street, San Bernardino, California.
On January 25, 2024, staff sent out notices to stakeholders and residents within 1000’
of the property informing them of the proposed street vacation.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s
Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-437,
with reservation of utility easements therein, adopting a Categorical Exemption for the
street vacation, and make a final order of vacation for the street as described in the
Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the
final order for Real Property Street Vacation 15.30-437 has been recorded with the
San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to
SHC section 8324, the resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied and may instruct
the clerk that the resolution of vacation is not recorded until the conditions have been
Packet Page. 738
satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in
fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-051 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion of Harris Street
between North “I” Street and “J” Street and south of West 9th Street, and reservation
of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-051
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
Ward:
First Ward
Synopsis of Previous Council Actions:
September 6, 2023 The Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate a portion of Harris Street between North I
Street and J Street and South of West 9th Street, and reservation of utilities therein.
January 17, 2024 The Mayor and City Council adopted Resolution No.
2024-008 declaring its intent to conduct a public hearing to order the vacation of a
portion of Harris Street between North I Street and J Street and South of West 9th
Street, and reservation of utilities therein, and set the date and time of the public
hearing for March 6, 2024, at 7:00PM.
Packet Page. 739
Resolution No. 2024-051
Resolution No. 2024-051
March 6, 2024
Page 1 of 4
4
1
1
6
RESOLUTION NO. 2024-051
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF HARRIS
STREET BETWEEN NORTH “I” STREET AND “J” STREET
AND SOUTH OF WEST 9TH STREET AND RESERVATION
OF UTILITIES THEREIN.
WHEREAS, the Public Works Department previously received a petition to vacate a
portion of Harris Street between North “I” Street and “J” Street and south of West 9th Street; and
WHEREAS, on September 6, 2023, the Mayor and City Council authorized staff to
proceed with an investigation and analysis to vacate the street; and
WHEREAS, on September 18, 2023, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, informing them of the
proposed street vacation and
WHEREAS, on December 12, 2023, the Planning Commission adopted Resolution No.
2023-038PC finding the proposed street vacation of a portion of Harris Street between North “I”
Street and “J” Street and south of West 9th Street consistent with the City’s General Plan, and
finding that the project is Categorically Exempt under California Environmental Act; and
WHEREAS, on January 17, 2024, the Mayor and City Council adopted Resolution No.
2024-008 declaring its intention to conduct a public hearing on March 6, 2024, to order the street
vacation; and
WHEREAS, on January 25, 2024, notices were sent out to residents within 1000 feet
informing them of the proposed street vacation; and
WHEREAS, on March 6, 2024, a public hearing was held where all persons interested in
or objecting to the proposed vacation areas appeared before the Mayor and City Council of San
Bernardino, California, and offered evidence in relation to the vacation of a portion of Harris Street
between North I Street and J Street and south of West 9th Street, and the reservation of utilities
therein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a
portion Harris Street between North “I” Street and “J” Street and south of West 9th Street, elects
Packet Page. 740
Resolution No. 2024-051
Resolution No. 2024-051
March 6, 2024
Page 2 of 4
4
1
1
6
to proceed in accordance with the provisions of the “Public Streets, Highways and Service
Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State
of California.
SECTION 3. The Mayor and City Council of said City do hereby vacate that portion of
Harris Street between North “I” Street and “J” Street and south of West 9th Street as described on
each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit
“B”.
SECTION 4. Approval of this Resolution shall not affect or disturb any other existing
easements for public utility purposes belonging either to the City of San Bernardino or public
entity that existed prior to these vacation proceedings. Reservations of easements are made in
accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and
Highways Code of the State of California, with reservations of the easement as requested from
Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 741
Resolution No. 2024-051
Resolution No. 2024-051
March 6, 2024
Page 3 of 4
4
1
1
6
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 742
Resolution No. 2024-051
Resolution No. 2024-051
March 6, 2024
Page 4 of 4
4
1
1
6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-051, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 743
Packet Page. 744
Packet Page. 745
Project Area
Packet Page. 746
Public Hearing – Proposed Street Vacation
Portion of Harris Street between North I Street and J Street and South of
West 9th Street
Presented by: Joshua Dramitinos, Deputy Director of Economic Development
Packet Page. 747
Public Hearing – Street Vacation
•Applicant: O&A Development, LLC
•Reason for Request: The reason stated for the petition to vacate this
portion of Harris Street is to complete a Lot Merger to accommodate
the development of five individual parcels, making them contiguous.
Vacating this portion of the unused street will adjoin split parcels, thus
maximizing future development.
Packet Page. 748
Public Hearing – Street Vacation
Proposed Vacation
of a portion of Harris
Street – Plat Map
Packet Page. 749
Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation -
Portion of Harris Street
Packet Page. 750
Public Hearing – Street Vacation
•Proposed street vacation is consistent with general plan.
•Planning Commission concludes proposed vacation is categorically
exempt from CEQA and there is no significant impact on environment.
•Utility Companies notified – SoCal Gas Company, Southern California
Edison, and the San Bernardino Municipal Water Department
easements will be preserved.
•Notice of this hearing was posted and published; and mailed to
surrounding property owners within 1000 feet of the proposed vacation.
Packet Page. 751
Questions?
Packet Page. 752
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Resolution Approving Street Vacation (15.30-439) of a
Portion Broadway Avenue East of N “J” Street and
North of Main Street and Reservation of Utilities Therein
(Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-052 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion Broadway Avenue East
of N “J” Street and North of Main Street, and reservation of utilities therein.
Executive Summary
The recommended action is the final step required to complete the street vacation
process for a portion of Broadway Avenue. The proposed street vacation will terminate
this portion of public right of way and transfer ownership to the underlying property
owner.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under
the General Vacation Procedures outlined in SHC sections 8320 through 8325. First,
a legislative body may initiate proceedings either on its own initiative or upon a petition
or request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour, and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
3acNet 3age 753
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Broadway Avenue was received on July 7, 2022, from
Bryan and Billy Henley, owners of a property located on the eastern side of the
intersection of North “J” Street and Broadway Avenue (APN: 0138-273-71-0000). The
stated reason for the petition to vacate this portion of the street is to accommodate
future development of the parcel of land that will include a 25-bed congregate housing
facility and a 45-bed assisted living facility. Vacating this portion of the unused street
will adjoin a split parcel, thus maximizing future development.
On May 3, 2023, the Mayor and City Council authorized staff to proceed with an
investigation and analysis, as required by SHC, to vacate the street. On May 30, 2023,
notices were sent out to City Departments, San Bernardino County Fire, utility
providers, including the City of San Bernardino Municipal Water Department, informing
them of the proposed street vacation. Staff has received requests from the San
Bernardino Municipal Water Department, Southern California Edison, and The SoCal
Gas Company to reserve existing utility easements.
On October 10, 2023, the Planning Commission adopted Resolution No. 2023-033PC,
finding the proposed street vacation of a portion of Broadway Avenue east of North ”J”
Street, and north of Main Street, consistent with the City‘s General Plan.
On January 17, 2024, the Mayor and City Council authorized staff to proceed with the
public hearing and set the date and time for March 6, 2024, at 7:00PM and will be held
in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555
West 6th Street, San Bernardino, California.
On January 25, 2024, notices were sent out to area stakeholders and residents within
1000’ of the property informing them of the proposed street vacation.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s
Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-439,
with reservation of utility easements therein, adopting a Categorical Exemption for the
street vacation, and make a final order of vacation for the street as described in the
Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the
final order for Real Property Street Vacation 15.30-439 has been recorded with the
San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to
SHC section 8324, the resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied and may instruct
the clerk that the resolution of vacation is not recorded until the conditions have been
satisfied.
Packet Page. 754
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in
fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-052 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion of Broadway Avenue
east of N “J” Street and north of Main Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-052
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
Ward:
First Ward
Synopsis of Previous Council Actions:
May 3, 2023 The Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate a portion of Broadway Avenue east of N
“J” Street and north of Main Street, and reservation of utilities therein.
January 17, 2024 The Mayor and City Council adopted Resolution No.
2024-004 declaring its intent to conduct a public hearing to order the vacation of a
portion of Broadway Avenue east of N “J” Street and north of Main Street, and
reservation of utilities therein, and set the date and time of the public hearing for
March 6, 2024, at 7:00PM.
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Resolution No. 2024-052
Resolution No. 2024-052
March 6, 2024
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RESOLUTION NO. 2024-052
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF
BROADWAY AVENUE EAST OF N “J” STREET AND
NORTH OF MAIN STREET AND RESERVATION OF
UTILITIES THEREIN.
WHEREAS, the Public Works Department previously received a petition to vacate a
portion of portion of Broadway Avenue east of N “J” Street and north of Main Street; and
WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with
an investigation and analysis to vacate the street; and
WHEREAS, on May 30, 2023, notices were sent out to City Departments, San Bernardino
County Fire, utility providers, including the Water Department, informing them of the proposed
street vacation and
WHEREAS, on October 10, 2023, the Planning Commission adopted Resolution No.
2023-033PC finding the proposed street vacation of a portion of Broadway Avenue east of N “J”
Street and north of Main Street consistent with the City’s General Plan and finding that the project
is Categorically Exempt under California Environmental Act; and
WHEREAS, on January 17, 2024, the Mayor and City Council adopted Resolution No.
2024-004 declaring its intention to conduct a public hearing on March 6, 2024, to order the street
vacation; and
WHEREAS, on January 25, 2024, notices were sent out to residents within 1000 feet
informing them of the proposed street vacation; and
WHEREAS, on March 6, 2024, a public hearing was held where all persons interested in
or objecting to the proposed vacation areas appeared before the Mayor and City Council of San
Bernardino, California, and offered evidence in relation to the vacation of a portion of Broadway
Avenue east of N “J” Street and north of Main Street, and the reservation of utilities therein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a
portion of Broadway Avenue east of N “J” Street and north of Main Street, elects to proceed in
Packet Page. 756
Resolution No. 2024-052
Resolution No. 2024-052
March 6, 2024
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accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation
Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. The Mayor and City Council of said City do hereby vacate that of a portion
of Broadway Avenue east of N “J” Street and north of Main Street as described on each of the
attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.
SECTION 4. Approval of this Resolution shall not affect or disturb any other existing
easements for public utility purposes belonging either to the City of San Bernardino or public
entity that existed prior to these vacation proceedings. Reservations of easements are made in
accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and
Highways Code of the State of California, with reservations of the easement as requested from
Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
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Resolution No. 2024-052
Resolution No. 2024-052
March 6, 2024
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Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-052
Resolution No. 2024-052
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-052, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 759
EXHIBIT "A"
LEGAL DESCRIPTION
STREET VACATION
APN: 0138-273-071
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VACATED PER
INST 2017-0455323
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STREET VACATED
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Packet Page. 761
Area of proposed Street
Vacation
Broadway Avenue Street Vacation No. 15.30-439
Packet Page. 762
Public Hearing – Proposed Street Vacation
Portion of Broadway Avenue east of N J Street and north of Main Street
Presented by Joshua Dramitinos, Deputy Director of Economic Development
Packet Page. 763
Public Hearing – Street Vacation
•Applicant: Bryan and Billy Henley
•Reason for Request: The stated reason for the petition to vacate this
portion of the street is to accommodate future development of the
parcel of land that will include a 25-bed congregate housing facility
and a 45-bed assisted living facility. Vacating this portion of the unused
street will adjoin a split parcel, thus maximizing future development.
Packet Page. 764
Public Hearing – Street Vacation
Proposed Vacation
of a portion of Broadway
Avenue – Plat Map
Packet Page. 765
Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation -
Portion of Broadway
Avenue
Packet Page. 766
Public Hearing – Street Vacation
•Proposed street vacation is consistent with general plan.
•Planning Commission concludes proposed vacation is categorically
exempt from CEQA and there is no significant impact on environment.
•Utility Companies notified – SoCal Gas Company, Southern California
Edison, and the San Bernardino Municipal Water Department
easements will be preserved.
•Notice of this hearing was posted and published; and mailed to
surrounding property owners within 1000 feet of the proposed vacation.
Packet Page. 767
Questions?
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and
Housing Director
Community, Housing, & Economic Development (CED)
Public Hearing on Annexation No. 39 to Community
Facilities District 2019-1 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-043 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 39); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-044 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 39); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1630
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
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respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1630 for March 20, 2024.
Executive Summary
The recommended actions are the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
January 17, 2024, setting today the time and place of the public hearing. The special
taxes will be levied annually to offset general fund expenditures related to maintenance
of public improvements within and for the benefit of the development.
Background
On January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-012,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A
public hearing was set for March 6, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on January 18, 2024, at 1:54 p.m. in Book 91 Page 35,
Document No. 2024-0014249 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 15.05 gross acres of an empty
industrial lot within the City, requesting that the City assist them in annexing their
property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will
consist of a warehouse. The State legislature enacted the Mello-Roos Act in 1982 to
assist public agencies in financing certain public improvements by either issuing tax
exempt securities that are repaid by annual levy of special taxes, or to provide for the
financing of on-going public services. The landowner requested the City annex into
CFD No. 2019-1 to levy a special tax to cover the costs associated with the
maintenance of public improvements. The public facilities and services proposed to be
financed within the territory to be annexed to the District are the following:
1. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance and operation of water quality improvements, including storm
drainage and flood protection facilities; and
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4. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract administration
and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 40 and is
located at the southwest corner of 9th Street and Tippecanoe Street, as shown in
Attachment #13.
The maximum annual special tax for this development has been calculated to be $473
per acre for FY 2023/24. Special Tax rate is proposed to escalate each year at the
greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to
initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act
of 1982. The property owners have submitted a “Consent and Waiver” form on file in
the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos
Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted January 17,
2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the adoption of the amended Ordinance would be scheduled for March 20, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on March 6, 2024, on
the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act,
the Mayor and City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the
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Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-043, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-044 declaring the
results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the
Developer. By annexing into the CFD, the costs of maintaining improvements located
within the development will be financed through special taxes levied on the parcels
within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-043 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 39); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-044 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 39); and
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5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1630
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1630 for March 20, 2024.
Attachments
Attachment 1 - Resolution No. 2024-043- Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-044- Resolution Declaring Election
Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1630
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Signed Petition & Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to
the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring
election results for Community Facilities District No. 2019-1; and first reading of
Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes
to be collected during FY 2019-20 to pay annual costs of maintenance, services and
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expenses with respect to Community Facilities District No. 2019-1.
January 17, 2024 Mayor and City Council adopted Resolution No. 2024-012, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
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Resolution No. 2024-043
Resolution No. 2024-043
March 6, 2024
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RESOLUTION NO. 2024-043
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
39)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on January 17, 2024, duly adopted Resolution No. 2024-
012 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for March
6, 2024; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 39 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on January 18, 2024, in Book 91 of Maps of Assessment and
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Resolution No. 2024-043
Resolution No. 2024-043
March 6, 2024
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Community Facilities Districts at Page 35, in the office of the San Bernardino County Recorder;
and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on March 6, 2024, not earlier than the hour of 7:00 p.m. at the
Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the
territory or the levying of the special taxes will be heard. If and to the extent participation in the
March 6, 2024 meeting must occur by teleconference, videoconference, or other electronic means
authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the
means and methods for participating the meeting shall be posted on the Agenda for said meeting,
which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino
(www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be
made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
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Resolution No. 2024-043
Resolution No. 2024-043
March 6, 2024
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SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on March 6,
2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on January 18, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
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Resolution No. 2024-043
Resolution No. 2024-043
March 6, 2024
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one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on March 6, 2024. The City Clerk shall have available ballots that may be marked at
the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on March 6, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-043
Resolution No. 2024-043
March 6, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-043
Resolution No. 2024-043
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-043, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 39 is currently comprised of four (4) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0278-191-12 PME Oakmont Tippecanoe LP
0278-191-17 PME Oakmont Tippecanoe LP
0278-191-25 PME Oakmont Tippecanoe LP
0278-191-28 PME Oakmont Tippecanoe LP
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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Community Facilities District No. 2019-1 (Maintenance Services)
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“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i)Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
City of San Bernardino 5
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
City of San Bernardino 6
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The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First:The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second:If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third:If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 789
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First:The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second:If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third:If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 790
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 791
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 40
LM 2022-019
Item
1
Description
Lighting
Estimated Cost
$864
2
3
4
Streets $3,658
$488
$751
$1,000
$6,761
Drainage
Reserves
Admin5
Total
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 40
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$473
Maximum
Special Tax B
$0
TAX ZONE 40
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $473 $0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 792
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 793
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 794
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a)maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b)maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c)public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 795
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 796
Packet Page. 797
Packet Page. 798
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 39
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
PME Oakmont Tippecanoe, LP 15.05 16
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 799
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
PME Oakmont Tippecanoe, LP
Attn: John Atwell
3520 Piedmont Road, Suite 100
Atlanta, GA 30305
0278-191-12, 0278-191-17
0278-191-25, 0278-191-28
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a
special tax on an annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $473
plus an annual increase on each July 1, commencing on July 1, 2024 the
Maximum Special Tax shall increase by i) the percentage increase in the
Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services
including lighting, streets, and drainage as provided in the Rate and Method
of Apportionment which is attached as Exhibit C to Resolution No. 2024-012
adopted by the City Council of the City of San Bernardino on January 17,
2024 (including incidental expenses), and shall an appropriation limit be
established for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
John Atwell
Senior Vice President
Signature
Print Name
Title
Packet Page. 800
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 39)
March 6, 2024
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of San Bernardino be
authorized to levy a special tax on an annual basis at the rates set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $473
plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles -
Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two
percent (2.0%), whichever is greater. On each July 1, commencing on July 1, 2024 the Maximum Special
Tax A shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services including lighting, streets,
and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to
Resolution No. 2024-012 adopted by the City Council of the City of San Bernardino on January 17, 2024
(including incidental expenses), and shall an appropriation limit be established for the Community
Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
Packet Page. 801
Resolution No. 2024-044
Resolution No. 2024-044
March 6, 2024
Page 1 of 3
4
0
7
4
RESOLUTION NO. 2024-044
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 39)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-043 calling a special election for March 6, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated March
6, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed, and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Ballot Measure. This Council hereby finds, determines, and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines, and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 802
Resolution No. 2024-044
Resolution No. 2024-044
March 6, 2024
Page 2 of 3
4
0
7
4
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-012
adopted by the Mayor and City Council on January 17, 2024. The boundaries of the territory
annexed are shown on the map entitled, "Annexation Map No. 39 Community Facilities District
No. 2019-1 (Maintenance Services)" a copy of which was recorded, on January 18, 2024, in Book
91 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the San
Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 803
Resolution No. 2024-044
Resolution No. 2024-044
March 6, 2024
Page 3 of 3
4
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7
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-044, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 804
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 39
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated January 18, 2024, and on file in
the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
PME Oakmont Tippecanoe, LP 16 16
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 805
Ordinance No. MC-1630
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4
0
7
7
ORDINANCE NO. MC-1630
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on March 6, 2024, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 806
Ordinance No. MC-1630
2
4
0
7
7
the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 807
Ordinance No. MC-1630
3
4
0
7
7
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 808
Ordinance No. MC-1630
4
4
0
7
7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1630, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 6th day of March, 2024. Ordinance No. MC-____ was approved,
passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 809
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 810
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of March 6, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 811
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
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SHEET 1 OF 1 SHEETANNEXATION MAP NO. 39
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.
NUMBER
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO COUNTY
BY:________________________________
DEPUTY RECORDER
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT
ON THE ____ DAY OF ____________________,
A REGULAR MEETING THEREOF, HELD
20 ____.
BY ITS RESOLUTION NO. ____________________
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO 0278-191-17
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF
________, 20 ____.
40_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO 0278-191-25
þ
18 þ
330
¤
66 0278-191-12
þ
210þ
259þ
0 LEGENDCFD 2019-1
TAX ZONE 40¤
66 _¤
66 ANNEXATION AREA BOUNDARY
§¦
215
PARCEL LINE
þ
38
CITY BOUNDARY§¦
10 XXX-XXX-XXX
40
ASSESSOR PARCEL NUMBER
TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND
INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL
REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2023-24.
Packet Page. 816
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Public Hearing
CFD No. 2019-1 Annexation No. 39:
LLA 2022-019 (9th & Tippecanoe)
Presenter: Shane Spicer, Spicer Consulting Group
Packet Page. 819
Public Hearing on CFD 2019-1, Annexation No. 39
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for March 20, 2024.
Packet Page. 820
Public Hearing on CFD 2019-1, Annexation No. 39
Discussion:
•The Property Owner, PME Oakmont Tippecanoe, LP, has requested the City assist them in annexing
territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public
Improvements.
•The area proposed within Annexation No. 39 includes four (4) parcels, APNs 0278-191-12, -17, -25,
-28.
•On January 17, 2024, the City Council adopted Resolution No. 2024-012, a Resolution of Intention
to annex these properties into CFD No. 2019-1 and hold a Public Hearing on March 6, 2024. The
property owner consented to waiving certain time restriction and conduct the election the same
night.
•The proposed maximum annual tax of $473 per acre for Special Tax A will be included in CFD No.
2019-1 as Tax Zone 40.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index
(CPI) or 2%.
Packet Page. 821
Public Hearing on CFD 2019-1, Annexation No. 39
Discussion (Cont.)
•The services, which may be funded with proceeds of the special tax
include:
•All costs attributable to Maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including street-lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may
be expended to pay administrative expenses and for the collection of reserve
funds.
Packet Page. 822
Project Location - CFD 2019-1, Annexation No. 39
Packet Page. 823
Public Hearing on CFD 2019-1, Annexation No. 39
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$6,761. All costs associated with the annexation is borne by the
Developer. There is no fiscal impact to the City’s General Fund.
Packet Page. 824
Questions?
Packet Page. 825
TIPPECANOE
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BASE LINE ST
MOUNTIAN AVE
CITRUS ST
PACIFIC ST
28TH ST
FOOTHILL DR
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34TH ST
TIPPECANOE ST
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SIERRA WAY
CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 39
PROJECT MAP
Packet Page. 826
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and
Housing Director
Community, Housing, & Economic Development (CED)
Public Hearing on Annexation No. 40 to Community
Facilities District 2019-1 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-045 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 40); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-046 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 40); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1631
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
3acNet 3age 827
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1631 for March 20, 2024.
Executive Summary
The recommended action is the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
January 17, 2024, setting today as the time and place of the public hearing. The
special taxes will be levied annually to offset general fund expenditures related to
maintenance of public improvements within and for the benefit of the development.
Background
On January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-013,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A
public hearing was set for March 6, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on January 18, 2024, at 1:54 p.m. in Book 91 Page 32,
Document No. 2024-0014246 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 1.59 gross acres of an empty
commercial lot within the City, requesting that the City assist them in annexing their
property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will
consist of a 3,596 square foot car wash building and a smaller building for employee
use. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies
in financing certain public improvements by either issuing tax exempt securities that
are repaid by annual levy of special taxes, or to provide for the financing of on-going
public services. The landowner requested the City annex into CFD No. 2019-1 to levy
a special tax to cover the costs associated with the maintenance of public
improvements. The public facilities and services proposed to be financed within the
territory to be annexed to the District are the following:
1. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. City and County costs associated with the setting, levying and collection of the
Packet Page. 828
special tax, and in the administration of the District including the contract administration
and for the collection of reserve funds. The proposed area to be annexed into the CFD
will be included in Tax Zone 41 and is located at the southwest corner of N. Shandin
Hills Drive and Kendall Drive, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be
$2,132 per acre for FY 2023/24. Special Tax rate is proposed to escalate each year at
the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted January 17,
2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the adoption of the amended Ordinance would be scheduled for March 20, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on March 6, 2024, on
the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act,
the Mayor and City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the
Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
Packet Page. 829
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-045, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-046 declaring the
results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the
Developer. By annexing into the CFD, the costs of maintaining improvements located
within the development will be financed through special taxes levied on the parcels
within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-045 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 40); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-046 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 40); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1631
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
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lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1631 for March 20, 2024.
Attachments
Attachment 1 - Resolution No. 2024-045- Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-046- Resolution Declaring Election
Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1631
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Signed Petition & Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to
the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring
election results for Community Facilities District No. 2019-1; and first reading of
Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes
to be collected during FY 2019-20 to pay annual costs of maintenance, services and
expenses with respect to Community Facilities District No. 2019-1.
January 17, 2024 Mayor and City Council adopted Resolution No. 2024-013, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
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(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
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Resolution No. 2024-245
Resolution No. 2024-045
March 6, 2024
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RESOLUTION NO. 2024-045
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
40)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on January 17, 2024, duly adopted Resolution No. 2024-
013 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for March
6, 2024; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 40 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on January 18, 2024, in Book 91 of Maps of Assessment and
Community Facilities Districts at Page 32, in the office of the San Bernardino County Recorder;
and
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Resolution No. 2024-245
Resolution No. 2024-045
March 6, 2024
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on March 6, 2024, not earlier than the hour of 7:00 p.m. at the
Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the
territory or the levying of the special taxes will be heard. If and to the extent participation in the
March 6, 2024 meeting must occur by teleconference, videoconference, or other electronic means
authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the
means and methods for participating the meeting shall be posted on the Agenda for said meeting,
which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino
(www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be
made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
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special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on March 6,
2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on January 18, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on March 6, 2024. The City Clerk shall have available ballots that may be marked at
the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on March 6, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-245
Resolution No. 2024-045
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-045
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-245, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 40 is currently comprised of two (2) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0266-521-20 Shandon Hills Plaza LLC
0266-521-22 Shandon Hills Plaza LLC
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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Community Facilities District No. 2019-1 (Maintenance Services)
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“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i)Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 844
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 845
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 846
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First:The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second:If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third:If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 847
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First:The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second:If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third:If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 848
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 849
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 41
LLA 2023-010
Item
1
Description
Lighting
Estimated Cost
$288
2
3
4
Streets
Reserves
Admin
$1,809
$314
$1,000
$3,411Total
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 41
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$2,132
Maximum
Special Tax B
$0
TAX ZONE 41
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$2,132
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 850
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 851
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 852
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a)maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b)maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c)public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 853
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 854
Packet Page. 855
Packet Page. 856
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 40
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Shandon Hills Plaza LLC 1.59 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 857
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Shandon Hills Plaza LLC
Attn: Mark Torres
6020 West Oaks Blvd, #300
Rocklin, CA 95765
0266-521-20
0266-521-22
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a
special tax on an annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $2,132
plus an annual increase on each July 1, commencing on July 1, 2024 the
Maximum Special Tax shall increase by i) the percentage increase in the
Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services
including lighting, and streets as provided in the Rate and Method of
Apportionment which is attached as Exhibit C to Resolution No. 2024-013
adopted by the City Council of the City of San Bernardino on January 17,
2024 (including incidental expenses), and shall an appropriation limit be
established for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Mark Torres
Chief Development Officer
Signature
Print Name
Title
Packet Page. 858
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 40)
March 6, 2024
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of San Bernardino be
authorized to levy a special tax on an annual basis at the rates set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $2,132
plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles -
Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two
percent (2.0%), whichever is greater. On each July 1, commencing on July 1, 2024 the Maximum Special
Tax A shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services including lighting, and streets
as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No.
2024-013 adopted by the City Council of the City of San Bernardino on January 17, 2024 (including
incidental expenses), and shall an appropriation limit be established for the Community Facilities No.
2019-1 (Maintenance Services) in the amount of special taxes collected?
Packet Page. 859
Resolution No. 2024-046
Resolution No. 2024-046
March 6, 2024
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RESOLUTION NO. 2024-046
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 40)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-045 calling a special election for March 6, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated March
6, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed, and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Ballot Measure. This Council hereby finds, determines, and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 860
Resolution No. 2024-046
Resolution No. 2024-046
March 6, 2024
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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-013
adopted by the Mayor and City Council on January 17, 2024. The boundaries of the territory
annexed are shown on the map entitled, "Annexation Map No. 40 Community Facilities District
No. 2019-1 (Maintenance Services)" a copy of which was recorded, on January 18, 2024, in Book
91 of Maps of Assessment and Community Facilities Districts at Page 32, in the office of the San
Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 861
Resolution No. 2024-046
Resolution No. 2024-046
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-046, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 862
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 40
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated January 18, 2024, and on file in
the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Shandon Hills Plaza LLC 2 2
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 863
Ordinance No. MC-____
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ORDINANCE NO. MC-____
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on March 6, 2024, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 864
Ordinance No. MC-____
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 865
Ordinance No. MC-____
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 866
Ordinance No. MC-____
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the ____ day of ______, 2024. Ordinance No. MC-____ was approved,
passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 867
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 868
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of March 6, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 869
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
Packet Page. 870
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1. The undersigned requests that the City Council of the City of San Bernardino, initiate
and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”)
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the “Community Facilities District”) of the property described below and consents to
the annual levy of special taxes on such property to pay the costs of services to be provided by the community
facilities district.
2. The undersigned requests that the community facilities district provide any services
that are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities,
ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls,
fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a
healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature,
it is the owner of all the property within the proposed boundaries of the Community Facilities District as
described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize
the special taxes for the proposed community facilities district. The undersigned waives any requirement for
the mailing of the ballot for the special election and expressly agrees that said election may be conducted by
mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being
the office of the City Clerk and the undersigned request that the results of said election be canvassed and
reported to the City Council at the same meeting of the City Council as the public hearing on the creation of
the Community Facilities District or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but not limited to any notice provided for by
compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly
waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based
on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and
any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
Packet Page. 871
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the
City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity,
error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___.
[NAME OF LANDOWNER]
By: _____________________________________
Name:
Title:
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
__________________________________________
__________________________________________
__________________________________________
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino
Packet Page. 872
Public Hearing
CFD No. 2019-1 Annexation No. 40:
LLA 2023-010 (Quick Quack)
Presenter: Shane Spicer, Spicer Consulting Group
Packet Page. 873
Public Hearing on CFD 2019-1, Annexation No. 40
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for March 20, 2024.
Packet Page. 874
Public Hearing on CFD 2019-1, Annexation No. 40
Discussion:
•The Property Owner, Shandon Hills Plaza LLC, has requested the City assist them in annexing
territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public
Improvements.
•The area proposed within Annexation No. 40 includes two (2) parcels, APNs 0266-521-20, 0266-
521-22.
•On January 17, 2024, the City Council adopted Resolution No. 2024-013, a Resolution of Intention
to annex these properties into CFD No. 2019-1 and hold a Public Hearing on March 6, 2024. The
property owner consented to waiving certain time restriction and conduct the election the same
night.
•The proposed maximum annual tax of $2,132 per acre for Special Tax A will be included in CFD No.
2019-1 as Tax Zone 41.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index
(CPI) or 2%.
Packet Page. 875
Public Hearing on CFD 2019-1, Annexation No. 40
Discussion (Cont.):
•The services, which may be funded with proceeds of the special tax
include:
•All costs attributable to Maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including street-lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may
be expended to pay administrative expenses and for the collection of reserve
funds.
Packet Page. 876
Project Location - CFD 2019-1, Annexation No. 40
Packet Page. 877
Public Hearing on CFD 2019-1, Annexation No. 40
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$3,411. All costs associated with the annexation is borne by the
Developer. There is no fiscal impact to the City’s General Fund.
Packet Page. 878
Questions?
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CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 40
PROJECT MAP
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and Housing
Director
Community, Housing, & Economic Development (CED)
Public Hearing on Annexation No. 41 to Community
Facilities District 2019-1 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-047 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 41); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-048 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 41); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1632
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
3acNet 3age 881
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1632 for March 20, 2024.
Executive Summary
The recommended action is the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
January 17, 2024, setting today the time and place of the public hearing. The special
taxes will be levied annually to offset general fund expenditures related to maintenance
of public improvements within and for the benefit of the development.
Background
On January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-009,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A
public hearing was set for March 6, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on January 18, 2024, at 1:54 p.m. in Book 91 Page 33,
Document No. 2024-0014247 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately .40 gross acres of an empty
commercial lot within the City, requesting that the City assist them in annexing their
property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will
consist of a drive thru Ono Hawaiian BBQ restaurant. The State legislature enacted
the Mello-Roos Act in 1982 to assist public agencies in financing certain public
improvements by either issuing tax exempt securities that are repaid by annual levy of
special taxes, or to provide for the financing of on-going public services. The landowner
requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs
associated with the maintenance of public improvements. The public facilities and
services proposed to be financed within the territory to be annexed to the District are
the following:
1. Maintenance of streets, including pavement management; and
2. Maintenance and operation of water quality improvements, including storm
drainage and flood protection facilities; and
3. City and County costs associated with the setting, levying and collection of the
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special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 42 and is
located at the southeast corner of Spruce Street and North H Street, as shown in
Attachment #13.
The maximum annual special tax for this development has been calculated to be
$7,925 per acre for FY 2023/24. Special Tax rate is proposed to escalate each year at
the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted January 17,
2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the adoption of the amended Ordinance would be scheduled for March 20, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on March 6, 2024, on
the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act,
the Mayor and City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the
Mayor and City Council may adopt the resolution establishing the CFD.
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Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-047, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-048 declaring the
results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the
Developer. By annexing into the CFD, the costs of maintaining improvements located
within the development will be financed through special taxes levied on the parcels
within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-047 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 41); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-048 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 41); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1631
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of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1631 for March 20, 2024.
Attachments
Attachment 1 - Resolution No. 2024-047- Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-048- Resolution Declaring Election
Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1631
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Signed Petition & Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to
the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring
election results for Community Facilities District No. 2019-1; and first reading of
Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes
to be collected during FY 2019-20 to pay annual costs of maintenance, services and
expenses with respect to Community Facilities District No. 2019-1.
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January 17, 2024 Mayor and City Council adopted Resolution No. 2024-009, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
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Resolution No. 2024-047
Resolution No. 2024-047
March 6, 2024
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RESOLUTION NO. 2024-047
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
41)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on January 17, 2024, duly adopted Resolution No. 2024-
009 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for March
6, 2024; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 41 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on January 18, 2024, in Book 91 of Maps of Assessment and
Community Facilities Districts at Page 33, in the office of the San Bernardino County Recorder;
and
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Resolution No. 2024-047
Resolution No. 2024-047
March 6, 2024
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on March 6, 2024, not earlier than the hour of 7:00 p.m. at the
Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the
territory or the levying of the special taxes will be heard. If and to the extent participation in the
March 6, 2024 meeting must occur by teleconference, videoconference, or other electronic means
authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the
means and methods for participating the meeting shall be posted on the Agenda for said meeting,
which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino
(www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be
made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
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Resolution No. 2024-047
Resolution No. 2024-047
March 6, 2024
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special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on March 6,
2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on January 18, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
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Resolution No. 2024-047
Resolution No. 2024-047
March 6, 2024
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on March 6, 2024. The City Clerk shall have available ballots that may be marked at
the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on March 6, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-047
Resolution No. 2024-047
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-047
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March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-047, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 41 is currently comprised of four (4) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0134-054-01 Inland Maple Partners LLC
0134-054-35 Inland Maple Partners LLC
0134-054-37 Inland Maple Partners LLC
0134-054-39 Inland Maple Partners LLC
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
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“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
City of San Bernardino 2
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
City of San Bernardino 3
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services)
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Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i)Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 899
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
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Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First:The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second:If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third:If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 901
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First:The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second:If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third:If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 902
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 903
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 42
PM 20216
Item
1
Description
Streets
Estimated Cost
$1,643
2
3
4
Drainage
Reserves
Admin
$258
$285
$1,000
$3,186Total
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 42
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$7,925
Maximum
Special Tax B
$0
TAX ZONE 42
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$7,925
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 904
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 905
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 906
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a)maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b)maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c)public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 907
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 908
Packet Page. 909
Packet Page. 910
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 41
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Inland Maple Partners LLC 0.40 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 911
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Inland Maple Partners, LLC
Attn: David Friedman
395 N E Street, Ste. #104
San Bernardino, CA 92401
0134-054-01, 0134-054-35
0134-054-37, 0134-054-39
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a
special tax on an annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $7,925
plus an annual increase on each July 1, commencing on July 1, 2024 the
Maximum Special Tax shall increase by i) the percentage increase in the
Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services
including streets, and drainage as provided in the Rate and Method of
Apportionment which is attached as Exhibit C to Resolution No. 2024-009
adopted by the City Council of the City of San Bernardino on January 17,
2024 (including incidental expenses), and shall an appropriation limit be
established for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
David Friedman
Developer
Signature
Print Name
Title
Packet Page. 912
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 41)
March 6, 2024
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of San Bernardino be
authorized to levy a special tax on an annual basis at the rates set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $7,925
plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles -
Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two
percent (2.0%), whichever is greater. On each July 1, commencing on July 1, 2024 the Maximum Special
Tax A shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services including streets, and
drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to
Resolution No. 2024-009 adopted by the City Council of the City of San Bernardino on January 17, 2024
(including incidental expenses), and shall an appropriation limit be established for the Community
Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
Packet Page. 913
Resolution No. 2024-048
Resolution No. 2024-
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RESOLUTION NO. 2024-048
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 41)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-047 calling a special election for March 6, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated March
6, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed, and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Ballot Measure. This Council hereby finds, determines, and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 914
Resolution No. 2024-048
Resolution No. 2024-
2 of 3
4
1
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1
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-009
adopted by the Mayor and City Council on January 17, 2024. The boundaries of the territory
annexed are shown on the map entitled, "Annexation Map No. 41 Community Facilities District
No. 2019-1 (Maintenance Services)" a copy of which was recorded, on January 18, 2024, in Book
91 of Maps of Assessment and Community Facilities Districts at Page 33, in the office of the San
Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 915
Resolution No. 2024-048
Resolution No. 2024-
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-048, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 916
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 41
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated January 18, 2024, and on file in
the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Inland Maple Partners LLC 1 1
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 917
Ordinance No. MC-1632
1
4
1
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4
ORDINANCE NO. MC-1632
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on March 6, 2024, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 918
Ordinance No. MC-1632
2
4
1
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4
the proposition of levying a special tax, and establishing an appropriations limit within the
District; and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 919
Ordinance No. MC-1632
3
4
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0
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 920
Ordinance No. MC-1632
4
4
1
0
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1632, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 6th day of March, 2024. Ordinance No. MC-1632 was approved,
passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 921
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 922
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of March 6, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 923
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39
Packet Page. 924
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1.The undersigned requests that the City Council of the City of San Bernardino, initiate
and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”)
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the “Community Facilities District”) of the property described below and consents to
the annual levy of special taxes on such property to pay the costs of services to be provided by the community
facilities district.
2.The undersigned requests that the community facilities district provide any services
that are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities,
ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls,
fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a
healthy, vigorous and satisfactory working condition.
3.The undersigned hereby certifies that as of the date indicated opposite its signature,
it is the owner of all the property within the proposed boundaries of the Community Facilities District as
described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4.The undersigned requests that a special election be held under the Act to authorize
the special taxes for the proposed community facilities district. The undersigned waives any requirement for
the mailing of the ballot for the special election and expressly agrees that said election may be conducted by
mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being
the office of the City Clerk and the undersigned request that the results of said election be canvassed and
reported to the City Council at the same meeting of the City Council as the public hearing on the creation of
the Community Facilities District or at the next available meeting.
5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but not limited to any notice provided for by
compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly
waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.
6.The undersigned hereby consents to and expressly waives any and all claims based
on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and
any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
Packet Page. 925
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the
City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity,
error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___.25 January 24
[NAME OF LANDOWNER]
B ________
N David Friedman
Title:Managing Member
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
395 N E Street, Ste. 104__________________________________________
San Bernardino, CA 92401__________________________________________
__________________________________________
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino
Packet Page. 926
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
Please refer to the below Lot Merger Packet
exhibits for the boundary description.
Packet Page. 927
EXHIBIT “A”
LOT MERGER NO. 2023-011
LEGAL DESCRIPTION BEFORE LOT MERGER
PARCEL 1:
THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE NORTH 00º 00' 00" EAST ALONG THE WEST LINE OF SAID LOT, 167.00 FEET, MORE OR
LESS, TO A POINT 131.00 FEET SOUTH 00º 00' 00" EAST OF THE NORTHWEST CORNER OF SAID
LOT;
THENCE NORTH 90º 00' 00" EAST 100.00 FEET, MORE OR LESS, TO A POINT 48.00 FEET WEST
OF THE EAST LINE OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST TO A POINT 136.00 FEET NORTH OF THE SOUTH LINE OF SAID
LOT;
THENCE NORTH 90º 00' 00" WEST 2.00 FEET;
THENCE SOUTH 00º 00' 00" EAST 136.00 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE NORTH 00º 00' 00" WEST, ALONG THE SOUTH LINE OF SAID LOT, TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION EAST AND SOUTH OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89º 46' 08" WEST 50.93 FEET;
THENCE SOUTH 00º 13' 52" WEST 25.00 FEET;
THENCE NORTH 89º 46' 08" WEST 96.67 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4,
SAID POINT BEING THE POINT OF TERMINUS.
SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO.
2021-562416, OFFICIAL RECORDS OF SAID COUNTY.
Page 1 of 3
Packet Page. 928
APN: 0134-054-35
PARCEL 2:
THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT, 75.00 FEET SOUTH OF THE
NORTHWEST CORNER THEREOF;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 56.00
FEET;
THENCE NORTH 90º 00' 00" EAST 100.00 FEET TO THE WEST LINE OF THE EAST 48.00 FEET OF
SAID LOT 4;
THENCE NORTH 00º 00' 00" EAST, ALONG THE WEST LINE OF THE EAST 48.00 FEET OF SAID
LOT 4, A DISTANCE OF 56.00 FEET;
THENCE NORTH 90º 00' 00" WEST 100.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION EAST AND SOUTH OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89º 46' 08" WEST 50.93 FEET;
THENCE SOUTH 00º 13' 52" WEST 25.00 FEET;
THENCE NORTH 89º 46' 08" WEST 96.97 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4,
SAID POINT BEING THE POINT OF TERMINUS.
SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO. 2021-562416, OFFICIAL RECORDS OF
SAID COUNTY.
APN: 0134-054-39
PARCEL 3:
THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
Page 2 of 3
Packet Page. 929
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SPRUCE STREET, 50 FEET WIDE,
AND THE EAST LINE OF “H” STREET, 82.5 FEET WIDE;
THENCE EAST ALONG THE SOUTH LINE OF SPRUCE STREET, 100 FEET;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF “H” STREET, 50 FEET;
THENCE WEST PARALLEL TO THE SOUTH LINE OF SPRUCE STREET, 100 FEET TO THE EAST
LINE OF “H” STREET;
THENCE NORTH ALONG THE EAST LINE OF “H” STREET, 50 FEET, TO THE POINT OF BEGINNING.
APN: 0134-054-01
PARCEL 4:
THE EAST 48.00 FEET OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 1 OF
MAPS, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE NORTH 25.00 FEET AND THAT PORTION LYING SOUTH OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89º 46' 08" WEST 50.93 FEET;
THENCE SOUTH 00º 13' 52" WEST 25.00 FEET;
THENCE NORTH 89º 46' 08" WEST 96.97 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4,
SAID POINT BEING THE POINT OF TERMINUS.
SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO. 2021-562416, OFFICIAL RECORDS OF
SAID COUNTY.
APN: 0134-054-37
Page 3 of 3
Packet Page. 930
EXHIBIT “B”
LOT MERGER NO. 2023-011
LEGAL DESCRIPTION AFTER LOT MERGER
LOT A:
THAT PORTION OF LOT 4, BLOCK 39, PLAN OF THE CITY OF SAN BERNARDINO, IN THE CITY OF
SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SPRUCE STREET, 50.00 FEET
WIDE, AND THE EASTERLY LINE OF “H” STREET, 82.50 FEET WIDE, AS SHOWN PARCEL MAP
NO. 20216, AS PER MAP ON FILE IN BOOK 258 OF PARCEL MAPS, PAGES 66-67, RECORDS OF
SAID COUNTY RECORDER; THENCE, ALONG SAID EASTERLY LINE, SOUTH 00°05’16 EAST
126.05 FEET TO THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP THE FOLLOWING
THREE COURSES; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89°50’15” EAST 98.03 FEET;
THENCE, NORTH 00°09’45” EAST 25.00 FEET; THENCE, SOUTH 89°50’15” EAST 50.93 FEET TO
THE EAST LINE OF SAID LOT 4, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID
EASTERLY LINE, NORTH 00°04’07” WEST 101.24 FEET TO SAID SOUTH LINE OF SPRUCE
STREET; THENCE, ALONG SAID SOUTH LINE, NORTH 89°54’54” WEST 149.10 FEET TO THE
POINT OF BEGINNING.
SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS,
RIGHTS, RIGHTS OF WAY, AND OTHER MATTERS OF RECORD, IF ANY.
SAID DESCRIPTION CONTAINS 0.403 ACRES, MORE OR LESS.
SEE EXHIBIT “D” FOR PLAT DEPICTING THE ABOVE DESCRIBED AREA.
BEARINGS AND DISTANCES ARE BASED ON A FIELD SURVEY PER PARCEL MAP NO. 20216,
P.M.B. 258/66-67.
___________________________________________________
PETER T. GRAY, P.L.S. NO. 9735
EXPIRES: 03-31-2025
DATE
Page 1 of 1
Packet Page. 931
SHEET 1 OF 1EXHIBIT "D"
LOT MERGER NO. 2023-011
SKETCH
C/L SPRUCE STREET
P.O.B.
LOT A
LOT LINE TO BE MERGED SCALE: 1"=40'
LOT LINE
TO BE
MERGED LOT "B"
LLA 2020-002
INST. 2021-0199652
LOT LINE TO BE MERGED
LINE TABLE:
NORTHERLY LINE PARCEL 1
PARCEL MAP NO. 20216
BASIS OF BEARING AND DISTANCES:
BEARINGS AND DISTANCES ARE BASED ON A FIELD
SURVEY PER PARCEL MAP NO. 20216, P.M.B. 258/66-67
09-11-2023
LEGEND:
CENTERLINE PREPARED BY:
BOUNDARY OF LOT A
LINE TO BE REMOVED
EXISTING LOT LINES 601 EAST DAILY DRIVE, SUITE 225
CAMARILLO, CA 93010
805-987-3945 FAX: 805-987-1655
JOB NO. 2314 MAY 2023
Packet Page. 932
Packet Page. 933
Packet Page. 934
INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
Please see below for Exhibit B.
Packet Page. 935
EXHIBIT B
Packet Page. 936
EXHIBIT B
Packet Page. 937
Public Hearing
CFD No. 2019-1 Annexation No. 41:
PM 20216 (Ono Hawaiian BBQ)
Presented by: Shane Spicer, Spicer Consulting Group
Packet Page. 938
Public Hearing on CFD 2019-1, Annexation No. 41
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for March 20, 2024.
Packet Page. 939
Public Hearing on CFD 2019-1, Annexation No. 41
Discussion
•The Property Owner, Inland Maple Partners LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The area proposed within Annexation No. 41 includes four (4) parcels, APNs 0134-054-01, -35, -37, -39.
•On January 17, 2024, the City Council adopted Resolution No. 2024-009, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on March 6, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night.
•The proposed maximum annual tax of $7,925 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 42.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Packet Page. 940
Public Hearing on CFD 2019-1, Annexation No. 41
Discussion (Cont.)
•The services, which may be funded with proceeds of the special tax include:
•All costs attributable to Maintenance of median landscaping and other public improvements
installed within the public rights-of-way
•Public lighting including street-lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm drainage and
flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may be expended
to pay administrative expenses and for the collection of reserve funds.
Packet Page. 941
Project Location – CFD 2019-1, Annexation No. 41
Packet Page. 942
Public Hearing on CFD 2019-1, Annexation No. 41
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$3,186. All costs associated with the annexation is borne by the
Developer. There is no fiscal impact to the City’s General Fund.
Packet Page. 943
Questions?
Packet Page. 944
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CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 41
PROJECT MAP
Packet Page. 945
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
March 6, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager;
Mary Lanier, Interim Community Development and
Housing Director
Community, Housing, & Economic Development (CED)
Public Hearing on Annexation No. 38 to Community
Facilities District 2019-1 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-049 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 38); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-050 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 38); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1633
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
3acNet 3age 946
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respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1633 for March 20, 2024.
Executive Summary
The recommended actions are the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
January 17, 2024, setting today the time and place of the public hearing. The special
taxes will be levied annually to offset general fund expenditures related to maintenance
of public improvements within and for the benefit of the development.
Background
On January 17, 2024, the Mayor and City Council adopted Resolution No. 2024-011,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A
public hearing was set for March 6, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on January 18, 2024, at 1:54 p.m. in Book 91 Page 34,
Document No. 2024-0014248 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 1.94 gross acres of an existing
In-N-Out restaurant within the City, requesting that the City assist them in annexing
their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project
will consist of an expansion to its already existing lot. The State legislature enacted the
Mello-Roos Act in 1982 to assist public agencies in financing certain public
improvements by either issuing tax exempt securities that are repaid by annual levy of
special taxes, or to provide for the financing of on-going public services. The landowner
requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs
associated with the maintenance of public improvements. The public facilities and
services proposed to be financed within the territory to be annexed to the District are
the following:
1. Public lighting and appurtenant facilities, including streetlights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance and operation of water quality improvements, including storm
Packet Page. 947
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drainage and flood protection facilities; and
4. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract administration
and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 39 and is
located at the southeast corner of H Street and W 5th Street, as shown in Attachment
#13.
The maximum annual special tax for this development has been calculated to be
$3,081 per acre for FY 2023/24. Special Tax rate is proposed to escalate each year at
the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis, and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted January 17,
2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the adoption of the amended Ordinance would be scheduled for March 20, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on March 6, 2024, on
the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act,
the Mayor and City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
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the CFD, the Council may not create the CFD. If a majority protest is not filed, the
Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-049, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-050 declaring the
results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the
Developer. By annexing into the CFD, the costs of maintaining improvements located
within the development will be financed through special taxes levied on the parcels
within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-049 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 38); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-050 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 38); and
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5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1633
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1633 for March 20, 2024.
Attachments
Attachment 1 - Resolution No. 2024-049 Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-050 Resolution Declaring Election
Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1633
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Petition
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to
the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring
election results for Community Facilities District No. 2019-1; and first reading of
Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes
to be collected during FY 2019-20 to pay annual costs of maintenance, services and
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expenses with respect to Community Facilities District No. 2019-1.
January 17, 2024 Mayor and City Council adopted Resolution No. 2024-011, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
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RESOLUTION NO. 2024-049
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
38)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on January 17, 2024, duly adopted Resolution No. 2024-
011 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for March
6, 2024; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 38 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on January 18, 2024, in Book 91 of Maps of Assessment and
Community Facilities Districts at Page 34, in the office of the San Bernardino County Recorder;
and
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on March 6, 2024, not earlier than the hour of 7:00 p.m. at the
Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the
territory or the levying of the special taxes will be heard. If and to the extent participation in the
March 6, 2024 meeting must occur by teleconference, videoconference, or other electronic means
authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the
means and methods for participating the meeting shall be posted on the Agenda for said meeting,
which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino
(www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be
made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
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special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on March 6,
2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on January 18, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on March 6, 2024. The City Clerk shall have available ballots that may be marked at
the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on March 6, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-049, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 38 is currently comprised of two (2) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0134-093-48 In-N-Out Burgers
0134-093-05 In-N-Out Burgers
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i)Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 963
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 964
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 965
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First:The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second:If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third:If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 966
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First:The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second:If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third:If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 967
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 968
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 39
LLA 2023-008
Item
1
Description
Lighting
Estimated Cost
$359
2
3
4
Streets $3,933
$45
$650
$1,000
$5,987
Drainage
Reserves
Admin5
Total
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 39
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$3,081
Maximum
Special Tax B
$0
TAX ZONE 39
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$3,081
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 969
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$471 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 970
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 971
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a)maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b)maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c)public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 972
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 973
Packet Page. 974
Packet Page. 975
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 38
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
In-N-Out Burgers 1.94 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 976
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
In-N-Out Burgers
Attn: Mike Abbate
13502 Hamburger Lane
Baldwin Park, CA 91706
0134-093-48 and 0134-093-05
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a
special tax on an annual basis at the rate set forth in the following table:
Land Use Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property ACRE $3,081
plus an annual increase on each July 1, commencing on July 1, 2024 the
Maximum Special Tax shall increase by i) the percentage increase in the
Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services
including lighting, streets, and drainage as provided in the Rate and Method
of Apportionment which is attached as Exhibit C to Resolution No. 2024-011
adopted by the City Council of the City of San Bernardino on January 17,
2024 (including incidental expenses), and shall an appropriation limit be
established for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Mike Abbate
Assistant VP of Real Estate
Signature
Print Name
Title
Packet Page. 977
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 38)
March 6, 2024
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of San Bernardino be
authorized to levy a special tax on an annual basis at the rates set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non‐Residential Property Acre $3,081
Plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles -
Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two
percent (2.0%), whichever is greater. On each July 1, commencing on July 1, 2024 the Maximum Special
Tax A shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater, to finance certain services including lighting, streets,
and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to
Resolution No. 2024-011 adopted by the City Council of the City of San Bernardino on January 17, 2024
(including incidental expenses), and shall an appropriation limit be established for the Community
Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
Packet Page. 978
Resolution No. 2024-050
Resolution No. 2024-050
March 6, 2024
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RESOLUTION NO. 2024-050
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 38)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-____ calling a special election for March 6, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated March
6, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 979
Resolution No. 2024-050
Resolution No. 2024-050
March 6, 2024
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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-011
adopted by the Mayor and City Council on January 17, 2024. The boundaries of the territory
annexed are shown on the map entitled, "Annexation Map No. 38 Community Facilities District
No. 2019-1 (Maintenance Services)" a copy of which was recorded, on January 18, 2024, in Book
91 of Maps of Assessment and Community Facilities Districts at Page 34, in the office of the San
Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 980
Resolution No. 2024-050
Resolution No. 2024-050
March 6, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-050, adopted at a regular meeting held on the 6th day of March 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 981
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 38
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated January 18, 2024, and on file in
the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
In-N-Out Burgers 2 2
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 982
Ordinance No. MC-1633
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ORDINANCE NO. MC-1633
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on March 6, 2024, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 983
Ordinance No. MC-1633
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of March, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 984
Ordinance No. MC-1633
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 985
Ordinance No. MC-1633
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1633, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 6th day of March 2024. Ordinance No. MC-1633 was approved,
passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 986
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 987
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of March 6, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 988
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
Packet Page. 989
Public Hearing
CFD No. 2019-1 Annexation No. 38:
LLA 2023-008 (In-N-Out Burgers)
Presenter: Shane Spicer, Spicer Consulting Group
Packet Page. 990
Public Hearing on CFD 2019-1, Annexation No. 38
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for March 20, 2024.
Packet Page. 991
Public Hearing on CFD 2019-1, Annexation No. 38
Discussion
•The Property Owner, In-N-Out Burgers, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The area proposed within Annexation No. 38 includes two (2) parcels, APNs 0134-093-48 and 0134-093-05.
•On January 17, 2024, the City Council adopted Resolution No. 2024-011, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on March 6, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night.
•The proposed maximum annual tax of $3,081 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 39.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Packet Page. 992
Public Hearing on CFD 2019-1, Annexation No. 38
Discussion (Cont.):
•The services, which may be funded with proceeds of the special tax
include:
•All costs attributable to Maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including street-lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may
be expended to pay administrative expenses and for the collection of reserve
funds.
Packet Page. 993
Project Location
Packet Page. 994
Public Hearing on CFD 2019-1, Annexation No. 38
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$5,987. All costs associated with the annexation is borne by the
Developer. There is no fiscal impact to the City’s General Fund.
Packet Page. 995
Questions?
Packet Page. 996
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CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 38
PROJECT MAP
Packet Page. 997