INLAND VALLEY DEVELOPMENT AGENCY REGULAR MEETING AGENDA THURSDAY, APRIL 13, 2017 3:00 P.M. (Closed Session, immediately followed by Open Session) MAIN AUDITORIUM – Norton Regional Event Center, 1601 East Third Street, San Bernardino, CA Josie Gonzales, Co-Chair Supervisor, County of San Bernardino Ovidiu Popescu, Co-Chair Councilmember, City of Loma Linda R. Carey Davis, Vice-Chair Mayor, City of San Bernardino
BOARD MEMBERS: Richard A. DeLaRosa Mayor, City of Colton Phillip Dupper Mayor pro tempore, City of Loma Linda Virginia Marquez Councilmember, City of San Bernardino James C. Ramos Supervisor, County of San Bernardino Fred Shorett Councilmember, City of San Bernardino Summer Zamora Jorrin A regional joint powers authority dedicated to the reuse Councilmember, City of Colton of Norton Air Force Base for the economic benefit of the East Valley ALTERNATE BOARD MEMBERS: Jack R. Woods Councilmember, City of Colton Rhodes Rigsby Councilmember, City of Loma Linda James Mulvihill Councilmember, City of San Bernardino Curt Hagman Supervisor, County of San Bernardino Full agenda packets are available at the IVDA office, 1601 East Third Street, San Bernardino, California, will be provided at the meeting, and are posted in the Public Meetings/Agenda section of our website at www.ivdajpa.org. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Recordings of the IVDA Board meetings are available in the Public Meetings/Agenda section of our website at www.ivdajpa.org. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the IVDA office at (909) 382-4100. Notification 48 hours prior to the meeting will enable IVDA staff to make reasonable arrangements to ensure accessibility to this meeting. Anyone who wishes to speak during public comment or on a particular item will be requested to fill out a speaker slip, which must be turned in to the Clerk of the Board prior to speaking. Public comments for agenda items that are not public hearings will be limited to three minutes. Public comments for items that are not on the agenda will be limited to three minutes. The three-minute limitation shall apply to each member of the public and cannot be shared.
001 Regular Meeting Agenda IVDA April 13, 2017
ORDER OF BUSINESS – CLOSED SESSION
This meeting of the governing Board of the Inland Valley Development Agency will begin with Closed Session Public Comment and Closed Session, immediately followed by the Open Session portion of the meeting.
CALL TO ORDER
CLOSED SESSION PUBLIC COMMENT
RECESS TO CLOSED SESSION
A. CALL TO ORDER / ROLL CALL
B. CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Inland Valley Development Agency Board meeting is limited to a maximum of three minutes for each speaker and comments will be limited to matters appearing on the Closed Session portion of the agenda. Additional opportunities for further Public Comment will be given during and at the end of the meeting.
C. CLOSED SESSION
An announcement is typically made prior to closed session discussions as to the potential for a reportable action at the conclusion of closed session. a. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) – Inland Valley Development Agency, the Successor Agency to the Inland Valley Development Agency, a joint powers authority/federal base reuse authority; San Bernardino International Airport Authority, a joint powers authority, v. Michael Cohen, in his official capacity as the Director of the State of California Department of Finance; DOES 1 through 50, inclusive.
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) – Inland Valley Development Agency, a joint powers agency, v. San Bernardino Valley Municipal Water District; Oscar Valdez, in his capacity as the County of San Bernardino Auditor – Controller/Treasurer/Tax Collector; and DOES 1-50, inclusive
c. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) – Inland Valley Development Agency, a joint powers authority/federal base reuse authority, and Inland Valley Development Agency as a Successor Agency, v. Oscar Valdez, in his official capacity as the County of San Bernardino Auditor – Controller/Treasurer/Tax Collector; Michael Cohen, in his official capacity as the Director of State of California Department of Finance; and DOES 1 through 50, inclusive 4/6/2017 1:16:34 PM Page -2- 002 Regular Meeting Agenda IVDA April 13, 2017
d. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property: Certain portions of 105 N. Leland Norton Way, San Bernardino, CA 92408 (former Norton AFB), Negotiating Parties Michael Burrows, Executive Director, on behalf of IVDA Mark Gibbs, Aviation Director, on behalf of SBIAA
D. REPORT ON CLOSED SESSION
Public announcement(s) will be made following closed session if there are any reportable actions taken during closed session.
4/6/2017 1:16:34 PM Page -3- 003 Regular Meeting Agenda IVDA April 13, 2017
ORDER OF BUSINESS – OPEN SESSION
CALL TO ORDER OPEN SESSION PLEDGE OF ALLEGIANCE
E. ITEMS TO BE ADDED OR DELETED
Pursuant to Government Code Section 54954.2, items may be added on which there is a need to take immediate action, and the need for action came to the attention of the Inland Valley Development Agency subsequent to the posting of the agenda.
F. CONFLICT OF INTEREST DISCLOSURE
1. Members shall note agenda item contractors and subcontractors which may require member abstentions due to possible conflicts of interest [PRESENTER: Jennifer Farris; PAGE#: 008]
G. INFORMATIONAL ITEMS
It is intended that the following subject matters and their attachments are submitted to the Board members for informational purposes only. No action is required with regard to these items in the form of a receive- and-file motion or otherwise. Members may inquire of staff as to any questions or seek clarifications, but no discussion may ensue other than to place an item on a subsequent agenda for further consideration. In such situations where permissible levels of discussion are conducted, members are reminded that staff has not presented the related contractor and interested parties conflicts of interest disclosures that are typically provided for agenda items for which action is intended to occur. Additionally, questions may arise as to negotiation strategies or other legal issues which are more appropriately addressed in a closed session discussion. 2. Informational Items [PRESENTER: Michael Burrows] a. Executive Director’s Report [PAGE#: 037] b. Report on Economic Development Programs and Initiatives [PAGE#: 038] c. Report on World Trade Week Conference – US Commercial Service [PAGE#: 053]
4/6/2017 1:16:34 PM Page -4- 004 Regular Meeting Agenda IVDA April 13, 2017
H. BOARD CONSENT ITEMS
The following consent items are expected to be routine and non-controversial and will be acted upon by the Board at one time under unless the Board directs that an item be held for further discussion. 3. Receive Register of Demands – April 13, 2017 [PRESENTER: William Garay; PAGE#: 055] 4. Receive and file Cash Report for February 28, 2017 for the Inland Valley Development Agency (IVDA) [PRESENTER: William Garay; PAGE#: 059] 5. Authorize the filing of a Notice of Completion for the General Aviation Hangars Construction Project; and release of the construction retention [PRESENTER: Jim Harris; PAGE#: 062] 6. Approve a construction contract with NBI General Contractors, Incorporated in an amount not to exceed $34,155.00 for the installation of access doors to Building 58; and appropriate a 10% construction contingency of $3,415.00 [PRESENTER: Jim Harris; PAGE#: 066] 7. Approve the First Amendment to lease agreement by and between Frontier California Inc., a California Corporation, successor in interest to Verizon California Inc., a California Corporation, and the Inland Valley Development Agency [PRESENTER: Sharon Leon; PAGE#: 068] 8. Consider and Discuss a Report on the Inland Valley Development Agency Board Policy. [PRESENTER: Michael Lewin; PAGE#: 074] 9. Approve Meeting Minutes: March 8, 2017 [PRESENTER: Jennifer Farris; PAGE#: 093]
4/6/2017 1:16:34 PM Page -5- 005 Regular Meeting Agenda IVDA April 13, 2017
I. BOARD ACTION ITEMS
Anyone who wishes to speak on a particular item will be requested to fill out a speaker slip. Prior to speaking, speaker slips should be turned in to the Clerk of the Board. Public comments for agenda items that are not public hearings will be limited to three minutes. 10. Consider and adopt proposed budget adjustments for Fiscal Year 2016-2017 [PRESENTER: William Garay; PAGE#: 101] 11. Approve Amendment No. 3 with Cordoba Corporation for the preparation of construction documentation related to the improvements to the intersection at 3rd Street and Sterling Avenue [PRESENTER: Jim Harris; PAGE#: 103] 12. Approve Change Order No. 2 to the contract with Griffith Company for an additional amount of $3,360,996.09 for a total amount not to exceed $10,746,258.59 for the Mt. View Avenue Widening and Reconstruction Project Phase III [PRESENTER: Jim Harris; PAGE#: 117] 13. Review status of the Action Plan for the Inland Valley Development Agency (IVDA) through June 30, 2017 [PRESENTER: Michael Burrows; PAGE#: 120]
J. ADDED AND DEFERRED ITEMS
Deferred Items and Items which have been added pursuant to Government Code Section 54954.2 as noted above in Section E.
K. OPEN SESSION PUBLIC COMMENT
Anyone who wishes to speak during Open Session Public Comment will be requested to fill out a speaker slip. Prior to speaking, speaker slips should be given to the Clerk of the Board. Public comments for items that are not on the agenda will be limited to three minutes. The three-minute limitation shall apply to each member of the public and cannot be shared with other members of the public.
L. BOARD MEMBER COMMENT
Board members may make announcements or give brief reports on activities or matters not appearing on the agenda, as well as provide direction to staff relating to matters which may be addressed at this time.
4/6/2017 1:16:34 PM Page -6- 006 Regular Meeting Agenda IVDA April 13, 2017
M. ADJOURNMENT
Unless otherwise noted, this meeting will be adjourned to the next regularly scheduled meeting of the Inland Valley Development Agency Board, Wednesday, May 10, 2017.
4/6/2017 1:16:34 PM Page -7- 007 1
TO: Inland Valley Development Agency Board
DATE: April 13, 2017
ITEM NO: 1
PRESENTER: Jennifer Farris, Clerk of the Board
SUBJECT: POSSIBLE CONFLICT OF INTEREST ISSUES FOR THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) BOARD MEETING OF APRIL 13, 2017
SUMMARY
This agenda contains recommendations for action relative to certain contractors/principals and their respective subcontractors. Care should be taken by each Board member to review and consider the information provided herein to ensure they are in compliance with applicable conflict of interest laws.
RECOMMENDED ACTION(S)
Receive for information and consideration in accordance with applicable conflict of interest laws.
FISCAL IMPACT
None.
PREPARED BY: Jennifer Farris CERTIFIED AS TO AVAILABILITY OF FUNDS: N/A APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin APPROVED BY: Michael Burrows
008 1 BACKGROUND INFORMATION
The potential conflicts information provided in this report is intended to be used as a means for each voting member to verify campaign contributions from their individual campaign records. The following information is considered to be complete only to the best knowledge that has been disclosed to staff by the following listed contractors and in many instances may not be complete as of the date of publication of the agenda. Staff will endeavor to provide updates and supplements to the disclosure information to the extent additional contractor disclosure information becomes known to staff at or prior to each particular meeting time.
In addition to other provisions of law which prohibit Inland Valley Development Agency (IVDA) Board members from having financial interests in the contracts of public agencies, the provisions of California Government Code Section 84308 prohibit individual IVDA Board members from participating in any Board proceeding involving a license, permit, or other entitlement for use pending before the Board, if the individual member has received a contribution of more than two hundred fifty dollars ($250.00) within the preceding twelve (12) months or for three (3) months following any such Board proceeding, from any person, company or entity who is the subject of the proceeding, including parent-subsidiary and certain otherwise related business entities as defined in the California Code of Regulations, Title 2, Division 6, Section 18438.5, or from any person who actively supports or opposes a particular decision in the proceeding and who has a financial interest in such decision, as defined in California Government Code Section 87103.
The restrictions of Government Code Section 84308 do not apply if the individual member returns the contribution within thirty (30) days from the time he or she knows, or should have known, about the contribution and the proceeding.
This agenda contains recommendations for action relative to the following contractors/principals and their respective subcontractors (as informed to IVDA staff by the Principals):
Agenda Contractors/Tenants Subcontractors/Subtenants Item No. 5. Jergensen Construction See attached lists. Todd Jergensen, Owner Shirley Jergensen, Secretary 6. NBI General Contractors, Inc. None. James P. O’Hara, Owner 7. Frontier California, Inc. (formerly Verizon California) None. Daniel McCarthy, President/Chief Executive Officer
11. Cordoba Corp. None. George L. Pla, CEO Maria Mehranian, Managing Partner Randall D. Martinez, COO Cathy Higley, Vice President, Transportation Roberto Ramirez, Senior Project Manager 12. Griffith Company See attached lists. See attached lists. 009 1 Attachments: 1. California Government Code §§ 84308 and 87103 2. California Code of Regulations, Title 2, Division 6, §18438.5 3. Jergensen Construction Subcontractor Information Sheets – General Aviation Hangars, Construction Project 4. Griffith Company Information Sheet and Subcontractor Information Sheets – Mt. View Ave. Widening and Reconstruction Project Phase III Project
010 CALIFORNIA CODES GOVERNMENT CODE SECTION 84308
84308. (a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) "Party" means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. (2) "Participant" means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. (3) "Agency" means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, local governmental agencies whose members are directly elected by the voters, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency. (4) "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. (5) "License, permit, or other entitlement for use" means all business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises. (6) "Contribution" includes contributions to candidates and committees in federal, state, or local elections. (b) No officer of an agency shall accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for three months following the date a final decision is rendered in the proceeding if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. (c) Prior to rendering any decision in a proceeding involving a license, permit or other entitlement for use pending before an agency, each officer of the agency who received a contribution within the preceding 12 months in an amount of more than two hundred fifty dollars ($250) from a party or from any participant shall disclose that fact on the record of the proceeding. No officer of an agency shall make, participate in making, or in any way attempt to use his
011 or her official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250) within the preceding 12 months from a party or his or her agent, or from any participant, or his or her agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7. If an officer receives a contribution which would otherwise require disqualification under this section, returns the contribution within 30 days from the time he or she knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, he or she shall be permitted to participate in the proceeding. (d) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party, or his or her agent, to any officer of the agency. No party, or his or her agent, to a proceeding involving a license, permit, or other entitlement for use pending before any agency and no participant, or his or her agent, in the proceeding shall make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for three months following the date a final decision is rendered by the agency in the proceeding. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in subdivisions (b), (c), and this subdivision. (e) Nothing in this section shall be construed to imply that any contribution subject to being reported under this title shall not be so reported.
012 CALIFORNIA CODES GOVERNMENT CODE SECTION 87103
87103. A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following: (a) Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more. (b) Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more. (c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made. (d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.
013 1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of
2 Regulations.)
3 § 18438.5. Aggregated Contributions Under Section 84308.
4 For purposes of Section 84308:
5 (a) Notwithstanding the provisions of Regulation 18215.1, to determine whether a
6 contribution of more than $250 has been made by any party to a proceeding, contributions made
7 by a party's parent, subsidiary, or otherwise related business entity, (as those relationships are
8 defined in subdivision (b) below), shall be aggregated and treated as if received from the party
9 for purposes of the limitations and disclosure provisions of Section 84308.
10 (b) Parent, Subsidiary, Otherwise Related Business entity, defined.
11 (1) Parent-subsidiary. A parent-subsidiary relationship exists when one corporation has
12 more than 50 percent of the voting power of another corporation.
13 (2) Otherwise related business entity. Business entities, including corporations,
14 partnerships, joint ventures and any other organizations and enterprises operated for profit, which
15 do not have a parent-subsidiary relationship are otherwise related if any one of the following
16 three tests is met:
17 (A) One business entity has a controlling ownership interest in the other business entity.
18 (B) There is shared management and control between the entities. In determining whether
19 there is shared management and control, consideration should be given to the following factors:
20 (i) The same person or substantially the same person owns and manages the two entities;
21 (ii) There are common or commingled funds or assets;
22 (iii) The business entities share the use of the same offices or employees, or otherwise
23 share activities, resources or personnel on a regular basis;
1
014 1 (iv) There is otherwise a regular and close working relationship between the entities; or
2 (C) A controlling owner (50% or greater interest as a shareholder or as a general partner)
3 in one entity also is a controlling owner in the other entity.
4 Note: Authority cited: Section 83112, Government Code. Reference: Section 84308,
5 Government Code.
6 HISTORY
7 1. New section filed 5-26-2006; operative 6-25-2006. Submitted to OAL for filing pursuant to
8 Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924,
9 California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992
10 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements
11 and not subject to procedural or substantive review by OAL) (Register 2006, No. 21). For prior
12 history of section 18438.5, see Register 85, No. 8.
13 2. Amendment filed 8-12-2014; operative 9-11-2014 pursuant to title 2, section 18312(e)(1) of
14 the California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair
15 Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California
16 Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
17 regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not
18 subject to procedural or substantive review by OAL) (Register 2014, No. 33).
19
20
21
22
23
2
015 Jergensen Construction List of Subcontractors
General Aviation Hangars, Construction
016 Jergenson Construction Company List of Subcontractors General Aviation Hangars, Construction Project
David S. Littlefield DBA A door Co. 17228 Sequoia Ave., Hesperia, CA 92345 Phone: (760) 244-3178 Fax: (760) 244-1662 David S. Littlefield, Owner Shirley L. Littlefield, CFO
Fence Works DBA John A. Morrow, Inc. PMB 129, 15555 Main St., Suite D-4, Hesperia, CA 92345 Phone: (760) 949-3443 Fax: (760) 956-3403 John Morrow, President Holly Morrow, Secretary/Treasurer
Franklin Mechanical Systems, Inc. 185 W. 4th Street, Beaumont, CA 92223 Phone: (951) 845 1000 Fax: (951) 845-1999 Vincent Franklin, Chief Executive Officer
Mike’s Custom Flooring, Inc. 1351 Park Ave., Suite 102, Redlands, CA 92373 Phone: (909) 335-0400 Fax: (909) 335-7155 Deborah Lunderville, President Eric Esparza, General Manager Jeanie Boyd, Accounting Manager Tina Creager, Estimator
Miles Construction Group, Inc. 27226 Via Industria, Temecula, CA 92590 Phone: (951) 260-2504 Fax: (951) 296-0744 Adam Miles, President Maughan Parkinson, Secretary/Treasurer Michael Stevens, Manager Colton White, Office Manager
May 13, 2015 Page 1 of 2
017 Mulvihill Enterprises, Inc. P.O. Box 3063, Beaumont, CA 92223 Phone: (951) 845-1837 Fax: (951) 845-6502 Walter J. Mulvihill Jr, President/CEO Greg J. Mulvihill, Vice President Dorothea Lee Mulvihill, Secretary/Treasurer
Pipe Constructors, Inc. 1680 Illinois Ave., #12, Perris, CA 92571 Phone: (951) 928-2211 Fax: (951) 928-2299 William Harris, CEO Melissa Harris, CFO Jed Jones, General Manager
Streamline Painting 9726 Sunnybrook Drive., Moreno Valley, CA 92557 Phone: (951) 581-2242 Fax: (951) 780-6350 John Scheurer, Vice President Stephen Lowrance, President Tracy Hurst, Secretary
T-Lindsay Inc. DBA Performance Electric 20258 Hwy 18, Suite 430-182 Apple Valley, CA 92307 Phone: (760) 961-2132 Fax: (760) 961-1552 Diana Lindsay, President/Secretary Tim Lindsay, Vice President/Treasurer
Thomas R. Gilstrap Construction 9565 Wichita Drive Riverside, CA 92503 Phone: (951) 688-9441 Fax: (951) 688-9441 Thomas R. Gilstrap, Owner Karen A. Gilstrap, Office Manager
W R K Acoustics P.O. Box 344, Earp, CA 92242 Phone: (909) 770-2368 Fax: (928) 667 3633 William Kammerdiener, Owner May 13, 2015 Page 2 of 2
018 Griffith Company Company Information and Subcontractor Information Sheets
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ILLI.PlIONI I'HINCll'AI,SIOFFl( 'Eftsll' .VHTNM,s!OWNEHS OF ('()~WANV fLi!>t AU PriudpalsJOflkenlPlIrto<>fs lilleiuding Joint VenftH' 1F1,;.",il "riM'!! .\mlIl10N"'" OiIH:ns ,It; N!:n;SHllV IN mUiEH TO l'ltol'ml: .\1,1. f(l·:()\i'''II.:!l IN!'()!(\IATH'I',1 Mt View Avt1nue WWening and Het~nn~trudjon (;ompnn, Illi(lfflmlio!j Sh(ict Ph;)$:e II OOZ60 Hili Issu;mce Sct P~W~:3 (if r; 022 IIlENTflilCATION Oil I'l!INCII'AI4S)!OFl' ICEIl(S)!IUt:I'HESKNTATIVF(S) OF (XIMI'ANV EXfClHinll of f -(~gall)l)('um(,llts: Th~: Comp;m)" Iw): authorizcd mld h(~n:hy dC:iigl!lm~s I!u: ii:l!1owiflg inoividl!fd(:d!i) <:Xtcuk legal d'jUHl\\'nt':; on hehalfof (\)lHp;my> inchtdillg hal not limited Iv colllrnct ij')C\llllt:ll\t;, propu;,«h aud fdmtd dlIUHltCnt,,· lUkNTIFH'ATIOr< OF PIUN(TPAt«S}/OFFl«hn{S)Jl~EPIU;Sn'iTATJVE(i:-)~)F l:()MPf\;'\:V . Repl'e!';(,rltafiH lllHflor .\1I1ungclllt'!H CUI):tdty: I lit: (:WHrJlHlY hiis autilnrl7Cd 1lI1(1 h~~fd)y dc:-;igmll~~s the f~)l1owing !wlividudlV,} In ~i\;rYi: in I' t'('i'fI'M:n{i)l ;\'G iHhj:\)! illl1l1ilgwncnl Glpadty on hthall 01 ('ompany u:lafing In 11m ~~imccmcd i1h1i(:(~I, cOl!jfm:t dlH:;tl1llCl1t, /e,bC dUGunwlIL devdoprm)l1t dIlCUllH'!H, ,)I' ,any other legal l!{)t'\!!i1\JtlI or .ilj!.rt:C!lF~i!\, iw;!uding hut 110i lill)ltcd !it rn;Wae(f. l'nJjett II1g11llgl~L sile tlHmH~el'> t:f,;, THli' D(rtd~ 6? &!(\leJ~ ... ~~~~~~:ic~:f;~Zj·{:Aef\t· jPLEASh :\TL\,CI! i\UDlnON>\l. SUEVT::-; AS NECESSAttV ~N f.>Rm-:H. TO PROVIH·j<' ALl, Hh()l.li :j'fU} 1'<1<'011.,1,\ fIONI Mt View Iwoulfe Widening and R(}O)Hstrut;Uon (;t){"Pi.lIlY h(OIIHetIIOrl f:;llfjN Phaso H OO:WH 023 P. 02 FAX MO. PAGE a21 e!3 DEC-05-2012 WED 09:13 Atl 1-' J", •.j COMPANYINFO~TIONSBEET SUBCONtACTORfVENDOR [Ono form IIll"'! b~ submitted for ..oh lI.t.d .ub-oQntrpOlllr aT " ••dor] , [Up.wod Fcbnll";,,1.(11) , .. , l!K'L~I!.ATIQN " I doc)",. und", ?cn.1ty of pC!jury und.,. tl,. lows of the Slim of California I h"". comptoted \hI. C""'PMY 11\£<'''''1111.0 Sh ••t Bnd !hot tltc infa",,~'ion CIlntbinod herein Ii fiwIU.)lllld accurate as orlh. d.1O campl.tod. :/-'" "j)c("t04'.:>"'" L . '1'1':". . /' _. '. , Clmple!.'hnd"'OlIja:d1hl.Ld.~of ,20l1h; .xlt.S ,C&.... ~..,C2 L4\\.I~IA tda)'l [monlhl, .[ol~J [SWll} '" . BY; ~~~~An4ol" ' Pr!ntN~.: 1","1 T\tlo:_._~..x~r.;_""di_".l~"-_:ii"nt!M.____ --'-- __ I ...... _ ...... __ 4 ...... _ ...... _ ..... _ -;,,""_ ...... _ ...... _,._ ...... -...... -_ ..... oo "' __ .. ,.-- ~ ...... I', I LEOAl, NAMEOPCOMl'ANY, MAn"", CDA./)o/lA'l'iQ,..) i. AI;JOI\l!SS:._!',p. 1!. 0)1. \0" l:Il""""MI:I,C4. 'i1.31f .... T5~EPHONE: tie;- Jfi'~"11·toO FAX: ejp1-36'k" tit V'I \ TYl'J!, 011 BUSINtSS (Chod< On.), I [10(" CORPORATION [t l LlM'fTEJ) LIABILITY COMPANY [ J l'AI'i.'!'NERS~UP JOINT VllNTUllB [ 1 lN01VIDUN.. , \ r ] lNOTVIDUAl.llOlNQ BPSINESS UNDIlRA FIRM NAME [ 1 OTHE~ , \ I. STI\l:E OIlINCORI'OAATION ORIi'l)RMA1'IO!I, I ' c'AI.-;PP/2.t..l iA PIUNCIP4S/OPFlCEII$II'ARTN£RS/OWNERS.OF CQM1'ANY (Ll.t AU Prinolpal.,Ollh.. rs/PartUtl1 ltn.'udin~ Joint V~ntllr~ Partnor., MAnDelag P.rtnerJ,"~ wml BS Inv.$tornJlll~\!II"".nt tomp>nill$): ' , , , ' : ' .' .. Name . Tille 6'fE,PI-IEM MAn"'" P,,-,"Slo..,..T gnPfl4,'f MAntki __ :~'P'''l,£)Jt;loJ.l£l::.'''Vtl~ _'f'~M.t<& M,M'tc.l-i . 'J.j)-3AL£~ , ------~-~~jf."-'{~~~~~""-"- ... ------~~"~:---.~-,.-.-".-- --"--.---_._---., 1J'l.,KASE ATI'ACH ADDITIONAl. SIfF.'ETS AS N&CllSsA,R.V IN Oll.tlliR TO PR.OVlDE ALL REQUIi:STI>;O INFOR.MATION.I ' . , ...... _ ...... _,...... _ ...... __ ..... ~ ...... __ .... _ ...... _ ...... ~ ..... _ .. _ ..... '-_n'" ..... _ .. _ ..... _ ...... "~_"'''.''''' __ .'" ..... " ...... _...... _...... - ..... -- ...... -.. ~ -- ...... ", "--.(,,,,"""':" .. --- ...... ,',.. _- ...... --,..... -- -- .. ~-- .... -,... . !lit VI.w A..-n •• Wlaonlnll ~n~ RocontlrUr.Hon OQmDsny InfQ'l\1!'1\(}n Sheet' Ph... n . " 002QO ~kI 168u~nco Set p~.a"", , " . ~.; . . ., ·'1,· ,\ i 024 p, 03 FAX NO, PAGa 0:3/"'3 O~C-05-2012 WED 09:14 AM .. - ... ,. ... ~ .... --_ ...... - ---,.. .. - ...... - .... '" ...... ~- .. -~ ...... - ':; ...... ",*,- -.- ... - ...... - ...... : ..... -~ ...... - .... ' ..... ~,1"'. IDENtIFICA.TION OF l'RlNCIPAL(S)lOiPll'ICER(S)(R.Ef'ItESENtATlVF.«S) OF COMPf>.NY ~,J;;" ..ution Qr" , L'PI Documents: , ,. , Th. Company hl\ll authoriz«! .nd h.... b)! d.dan_te. tho followins !ndiYldual(.)!<> .,."",,* tOGel dooumOllI$ '''' behalf Q~ Comp",,~_ ineludlng ~ut no! timl~ '0 cMlra"" dpoumont., p!1)poII*l. and "'],,,,d doCll\1leutl.: ',',,', Nome Titl' QrtiWfJ,l MAO"", PhES;I.'>ENT \" i RtlBEldT AdADC;;# _ ' V.P.feN611-taYtC""" \ P4'M.4Q!· MAnc.J.\ 5£:C4...E~ \ ' ru. 1..jl)'1 !./AL4DG:z. -,C~'....a:I=::.J.Q:.!.o-' __~---, , ' ; , , !DEN'\'lFJC.l,TION OF PR.INCII'AL(:»IOIlI1'[CIiOR(S)ffii&I'Rli:~ENrATlVlt{S) OF COM~ANl' '-Il.pre5'!.l>ill~e " \ .nellor r.holl"monl Cftp~ci1y: ," : ' The Corri~ hq ••Iho~~" III\d h.... b~ .u.itll11al fPLlCi\SE ATfACfl AI)D1TIONAt. Sn,IlE'l'S ,~S NECESSA\l.V IN OR\)E~ TO I'ROV\IlE AU..lUtQUI!;STED, '," INFOII.MA'!'ION.! " ' " ' .".' , I,. . '.' ~ .," " .' . I· NIt Vlo.. A_u. Wld.~lna and ReODn$I,uotlon ' Company Inlorm.~oM Sh~QI \ '.: Plllt•• " ' " 'o~2eQ 13'" I•• ~anc. 'S.t p~ge 4 .F4 .,,1 ,', . ~". 025 12/05tj0121~09: 51 9095925179 JVLANDCLEARING PAGE 02 PAGE 02/~3 12/04/20i~ 00:22 5628648970 COMPANY INFORMATION SHEET SUBCONTACTORN£NOOR [Ono tbI'M must be .ubmiH.d Ib, each lI,to I declAro under p"",I1)' or ~ury under tho laws oftht 8'.01 of California I have cQrnplotcd thiS C Complct PR.lNCII'ALSIOJIli'ICf:RSlPARTNl!:iWOWNtRS OF COMl'ANV (u.t All PrlnQllIA"'rom ..../P.rt."" [Iftcludlnll Join. V.nturt Part.on. Mon_gln; p ..IlIerl. 0, woll ..; 1.... torsllnvDIm ...' "'",pani",), Mt VIIW "..,nul WIdening .nd RocoM"uotlon Company InformaM!': Sh'et Ph.... II 0028Q Bid i8tJuanOJ S~t "age 3014 026 12/05J2017\~ 09: 51 9095925179 JVLANDCLEARING PAGE 03 PAGE 03/03 12/04/2~t2 86:22 562864a97~ IPENTIFlC,<\TION 01' PIUNCIPAl.{S)IOFFlCI!R(S)lREPRE8tNTA1'IVt(S) OF COMPANV " Em:ulion of ~I 0.1:11111'"'" Th. Company hJ. (lUlharlmd and hOO'dly d.. i" .... , Ill. Ibllowi.! Indlvldual(.) to o•• eute 10Soi dooulT""tI On b.half of Complll1Y, inel"dlng but not IImlW\! to oontraol oe>eumonb, pro"" ••1. ond ,.lared documents: tDENTIFlC,\.TION OF PlltNOPAl.(SYO""ICER(S)lIU,PRESEN'l'ATIVE(S) OF COMPANV - R""r..... t.Uve Indlor Mln.pHlenl C.podty: Tho Can.panr hu .ulho.j""ll ftnd ""rcby d.. ianot., tho following indlviduftl(,) to ..rvo in • l'.pl... nl~ti •• II1I.dlo, mantacIlI.nt c"P •• ity on b.,.llf of Compony I'OIMlnS to !h. ooncemed projeQt. contl'&et documen~ Iwe docl1l1len~ development dOcument. Or any oth.r lo~., dO~""'.nI or ..,....,ent. inc,udin. but not limited to InNlag.,.., projeet mAnager, .Ito mlllaaor, ole. N.m. 'fltl. ~'~$s~. -= . ~~O~~: N~ --_ .. __ ~fM~ ___ .__ ~l.-~~~. _-...... _. ___ ~B~ff. ___\ ..' ____ .fj~l?:-__ .__ ... fPLUSE A17AC1f ADDITIONAL StinT!! AS NECE$S~R'I' IS ORDItII. TO PROVIDE ALI, Rt;QtJtsTED INFORMATlON,I II!t \IIow Avo"". W'~.n'"g and JIt"DfttlIJ'uodo" Com~lny 1"1o'",ollon Sntot Ph ••• II OO~.O o:a 'huenoe Sot P,gUof4 027 12/0.lj12012 14: 35 9098747550 AMBER STEEL CO PAGE 02/03 'I.;' 1'-., COMPANY INFORMATION SHEET SUBCONTACTORNENDOR [One fol'ffi must be submitted for eacb lisMd .subM(:ontractor or vtlt'dOt] [Updated February, 20 II] DEC/AM TION I declare under ponaUy of perjury ullder thE: laws of the State of California I have corn.p(ctcd this Company Information Sheet and thilt the illformation col'ltaincd herein is factual and aaclJrnte as of the date completed. Completed and cxecul"d this 5.~h day of~Oldt in _.~.3£>l j}.&_ [daYI [month] [city] [ST.le] TYPE OF ~US[NESS (Check One): CORPORATION [ ] LIMITED LIABILITY COMPANY M PARTNERSHIP [ J JOOO VENTURE [ 1 INDIVIDUAL I J INDIVIDUAl, DOING BUSINESS UNJ.>ER A FIRM NAME [ 1 OTHER•• ______~_ STATE OF INCORPORATION OR FORMATION: ,...... Q.~\\JOy.:r.::.; ... 0". ... _.. _.____,_,_ .. _._ PRINCIPALS/OFI'ICER$/PARTNI'!R.8/0WNERS OF COMPANY (l)i8t AU PrinCipalS/Officers/Partners (including Joint Venture Pn rtncrll, MAnAu:in~ PArtnerl, as well 9~ inv~.stol'8/investmant ~on1pRnies): Name Title ~ ,Wo"",IVl""-- kw~ '-J.c~5..Lc;L'?,-'Ct- .m_ ' .m~L$j;!.lCB-,~~ ___ _\Lt~_U~W~\Cot _~_'fJ.SS.J,,,,-<;'..Y.0_'_,:;,_ .. , ." .. .._~>( il.Q-ct;;"kS:~.Ldc...... -- Y _ 0" ____ . ~""~:.<:t. 0 ~W~t ?.O" 0 ______.=-::IX ~l'H.J. r..ta£: ____ . 0'. _____ ",'0, II'LF.ASE ATI'ACH ADDITIONAL SHEETS AS NEC~;SSAJ!,Y IN ORDER TO rROVfl)~; AU. Rt;QlmSrrm INfo'ORMATION,1 ~ .. ------~ .... ~ .. ------.. ~ ."------~ ~ .. ------. ------.. _ ...... - .. - .. ~ .. ------•• "'a Mt View Avenue Widel1il1g and Recanstrqction Company Info(matlon SIH!et P~as.1I 00260 Bid Issuance Sel Page 3 of4 028 9098747550 AMBER STEEL CO PAGE 03/03 IDENTIFICATION OF PRINCIPAL(S)/O""ICJ;:R(S)IREI'RESENTATIVE(8) OF COMPANY - l>'.eution Of Legal DI)t:uments: me Company has authorized and hereby d•• ignatc, tho followln~ Indlvidual(s) to •••cut. legal documents Oh behalf of Company, including but not limited to tlcmtraQt documents, propo5o!\Is and related doouments: Name 'title "!:\,"YJ0.>t.~~-".I,g~"lS"" ...... ,.,,_~v:;~S&.d_g,x::..t.... __ ~j .e. \ ~~~~~_._ .... ':l.cc!... .. fX:'i:stc1..~+ -fu~.s.S- .. Le.\.!..l.5,5___ ...... ,-.-:tQ..:f.. ~O' t:-.k,. ..$<.... C y~-k.1r]' .. .::;r.0.,:.:-:.~,,::\:::J.&w.i.~__ .. __ ... __ ,. -rY'-~S.\2"~~Y'.,._,_ ...... IDENTIFICATION OF PRINCIPAL(S)/OFl'ICER(S)/REPRESENTATIVE(S) OF COMPANY - R.pre~ .. ntntivc andlor Man.gem"t Cnpaclty: The Company has autllOrized and hereby designate, the following illdlvldual(s) to serve in a representotive .nd/or mnnagement capacity on behalf of Company relating tC'J the conc:emRld pmjccf, con.tract documl!:nt, lease doclIment. development doctJrocnt, or any olber legal document or ogrQomcnt. includin~ but not limited to maMger, project manager, site manager, etc, Title ." ... ,.. "?r <:.$\'.d .. g,..:C±n._ ...... 0-i ... !S.Ii!-._kS,1 a~'C>+- c..o "f" l(la-'C.lO...k .. S~ ¥'~-+v...V"" ~ jPl.IlME A"lTACH Al)DlTI()NA!'SH!~I~T!5 AS NECESSARY IN ORI)EH TO PROVIJ)I~ ALL rtEQt!~~S'I'lm INT10RMATIr)N,/ Mt Viow Averwe Widening and Reconstruction Comp~ny Information She.t Ph.. ~11 00200 Sid IS5uancISI Set Page 4 of4 029 COMPANY INFORMATION SHEET SUBCONT.ACTORIVENDOR [One form must-be sul:!ll1~tted "for each listed .suh-:contractor or vendor] [Updated Peb,,"ary. 20 III DECL@t\TlON I decl ..,. und.1' penalty of perjUly IIndel' the laws of Ihe State of Callfornia [have completed this Company Infol'matioll Sheet and that the infonnatlon contained herein Is factnal and accurate as of the date completed, r ';(~I;J.- 11 il Completed and executed this Q ·/-/1 day of i>e{J/ • 2O-H; In t:.&" 0 1'1 .~ [day] , .. "'·'"[moolh.1".....,,· ...... [cilY] [stnte] tt.f"-{ 'PCI (2rt:{ I'V'1--- LEGAL.NAME OF COMPANY;, CA (.. S' r,e. '.':c,o-"e::-'I.:..()""C.::..,'---_~-_~~~ ADDRESS:._ ,;{!Ilf.ofC" SiTe.! /2...1, (;O{';"'OI'\(!'l:q?;ll2f~ TELEPHONE: "101 ,·,'t.'I.t{ ....'117 0 FAX: q(J '1.:- Y'I'f-"'1I 0 i, TYPE Ol'BUSINESS (Cheel, One): ,.rr( CORPORATION [ 1 LIMITED LIABILITY COMPANY f ] PARTNBRSHlP [ 1 JOINT VENTURE i(' ] INDIVIDUAL 'Ii] INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME (' ] OTHER'-"-______.....,.. _____~~~_ STATE OF INCORPORATION OR FORMATION: PRINCIPALS/OFFICERSII'ARTNERS/OWNERS OF COMPANY (List All Principl1ts/Off1cefs/Partners lincludlng Joint Venture PArtners, Managing PUI'tncl'l, liS well AS Investol's/investment companies): Name Title (2..u d l1 UtV' 4- L 4-1'11 ' . Pfl.N, , (~E IPLEASE ATTACH ADDITIONAL SHEETS AS NECESSARY IN ORDER TO PROVIDI~ AI,L REQUESTED INFORMATION.] Mt View Avanue Widening and Reconstruction Company Informallon Sheet Pha.eU 00260 Bid Issuance Set Page 3 of 4 030 · '. IDENTIFICATION OF PRiNCIPAL(S)/OFFICER(S)IREPRESENTATlVE(S) OF COMPANY - Execution of L~gnll)-ocum(jnts·: The Companl' has authol'ized and hereby design.tos the following indlvidual(s) to execute legnldooumertts au holt.lfof Company, including but not lhril'tcd to contract documents, proposals and related documents: Name Title .CI:Wt-P/-tcfuw MCVlfj~@iJ!;<,* IDENTIFICATION 01' PRiNCIPAl,(S)/OFFICER(S)/REPRESENTATIVE(S) OF COMPANY - Representative and/ol' Management Capacity, The Company has authorized nnd hereby designates the following indiyldual(s) to serve In a l~present.tivo andlor management capacity on behalf of Company relating to the- ooncerned project, contract document, lease document, development document, 01' any other legal document or agl'eement, including but not limited to manager, project manager, site manager, etc. Name Title _,CN·f.rv-<- P!U~. ___ J-1A. f'tJl ~:LYm'''''''''-'-'-' Cl!:f.: t s Jim m-o () ,I frv d.e.&l~ M.eLt1.4:J~ ~-L; : ,," Lr/20iC~~' 6 It},.,. ---WI- = IPLEASE ATTACH A])DlTIONA1" SHImTS AS NECRSSARY IN ORD.Rlt TO PROVIDE ALL REQUESTED. IN~'ORMATlON,1 Mt View Avenue Widening and Reconstruction Company Informallon Sheet PhaBe II 00260 Bid ISBuanoe Set Page 4 of4 031 12/04/2012 05:03 5528548970 PAGE 02/03 COMPANY INFORMATION SHEET SUBCONTACTO~NDOR [One torm must he submitted for each l.isted sub-contractor or vendor] [Updated February, 20111 DECLARATION Tdeclare under penalty of perjury under the laws of the State of California J have completed this Company Information Sheet and that the infonnati.on contained herein is fnctunl and aCCtlraf.e as of the date completed_ Completed and executed this 5"i1tay of ~ C!J. .,,201' 1, in ebl,(1Q ,a [day 1 [month J [city] [sCate] . By Q ~_ Print Name~ ~ Print Title: ~ Kd mc ______~M ______~----- ______------__ ------~------, TYPE OF BUSINESS (Check One): CORPORJ\. nON [ ] LlMJTED LlABCUTY COMPANY M PARTNERSHIP [ ] JOINT VENTURE [ ] INDiVIDUAL [ ] INDIVlDUAL DOING BUSINESS UNDER A FIRM NAME [ J OTHER ______STATE OFINCORPO~T.ON OR FORMATION: ___ ,_" C!qJ ( Par r1 Ltl, PR1NCIPALS/OFFrCERSIPARTNERS/OWNERS OF COMPANY (List All Principals/OfficerslPartners [including Joint Venture Partners, Managing Partnerl; as well as investors/investment companies): Name ~~l~- IPLEASE ATIACH ADDITIONAL SHEETS AS NECESSARY IN ORDER TO PROVIDE ALL REQtlESTEO INFORMATTON·I ~~. __ ~~~6 ______~_~. __ •• ____ ~aa_~ ______ Mt View Avenue Wldening and Reconstruction Company Information Sheet Phas~ II 00260 Bid Issuance Set Page 3 of 4 032 12/ 04 / 2012 05:03 5528548970 PAGE 03 / 03 IDENTIFICATION OF PRJNCIPAL(S)/OFFICER(S)IREPRESENTATIVE(S) OF COMPANY - Execution of Legal Documents: The Company has authorized and hereby designates the following individual(s) to execute legal documents on behalf of Company, including but not limited to conl:ract documents, proposa.ls and related documents: Name Title _~ dD hn~ OYI ~ld1rl+ . IDENTIFICATION OF PRlNCIPAL(S)/OFFICER(S)/REPRESENTATIVE(S) OF COMPANY - Representative and/or Management Capacity: The Company has authorized and hereby designates the following individual(s) to serve in a representative and/or management capacity on behalf of Company relating to the concerned pr~iect , contract document, lease document, development document, or any other legal document or agreement, including but not limited to manager, project manager, site manager, etc. Title ~ et ~r\CLCt r ------. ~-~~----.------~-- , -- -~~ -----~------. (PLEASE ATTACH ADDITIONAL SHEJ£TS AS NECESSARY IN ORDER TO PROVIDE ALL REQUESTED INFORMATlON·I IIIIt View Avenue Wldel"ling and Reconstruction Comp,my Information Sheet Phase II 00280 Bid Issuance Set Page 40(4 033 12/G4/2812 86:81 562864897G COMPANY INFORMATION SHEET SUBCONTACTORNENDOR [Ono f('lrm must be r.ubmiHed for cRch listed sub·cDntractor or vendor] [Updated february, 2011] DECLARATION I declare under penalty of perjury under the laws of the State ofC"JifQmla f have completed this Company Information Sheet and that tho infonnation contained herein Is tactual and aCCllrat~.89 of the date completed. Compleled and .«culed Ihj,~ day or11&.•• 2011. In ~ .~ [day) [monlh] [OIIY,1 (Slate.1 Print·BY;i~~~~ Print TY!'E OF OUSINESS (Check One): [...y CORPORATION [ .1 LIMITED LIABILITY COM PAN Y [I PAR'l'NERSHJP r. 1 JOINT VENTURE {J INDIVIDUAL J, J INDIVIDUA[, DOING BUSINESS UNDJ!R A I'I~M NAMTl [I OTH,I,R ... ______sTln; OF INCORPORATION OR FORMATION; ___ IL ______CAu~O~~'.>Il.t\,,---- . ______-- ______ PRINCIPALS/OFFICI';Il.S/PARTNERS/OWNERS OF COMPANY (List All Principnl:;IOfficcrS/PRrtMrs lineluding Joint Venture Partners. M~HlRging Pl\rtnerh a) WEll a~ inve!torslinye&tment cotnpllnie.;)t N~me --_ •••••• ______• _____ • __ ~ ______.M~ •• ____ R~ ______•••• __ • ______• [pLEASE A.TTACH ADDITIONAl, SH'EETS 1<5 NECESSARY IN ORDER TO PROVIOE ALL REQUESTED INFORMATION.) ------.------_._------.. _------.------_._------. Mt View Avenue Widening and Reconstruction Company Information Sheet Ph.to II OO~60 BId Issuance Set Page 3 of 4 034 SELECT ELECTRIC'S OFFICERS Alex Meruelo Treasurer/CFO Luis A. Armona Chief Executive Officer Dan Zupp President Craig Degenfelder Executive Vice President Mario Tapanes Secretary Dale Haithcoat Assistant Treasure I Assistant CFO Lesa Bixel Assistant Secretary .. Select Electric Inc. P.o. Box 1457· Spring Vallcy. CA 91919' 619-460-6060'(0)' 619.46()'6069 (f). $electeiectricinc.com 035 12/34/2312 36:01 5628648973 PAGE 03/03 f.l)F.:NTIFlCA.TION Of rR1NClrAL(S)/OFFICER(S)!I>.EPRESENTATlV~(S) OF COMPANY - Bueuti.n or LegHl Documenb: T"e Company has authorized and hereby design utes the following [ndlvldual(f,) to execu~ lega.l documents on behalf of Company, including but not Iimiled to contract doc.uments. prvpo~ats and related docu,n1ents: ... _--"'"-",. ______.... ______----.'I:itlc ______ JDr>NTlFICAtJON OF PRINClrAL(S)/O~FlCeR(S)lREPRESENTATlVIi:(S) 011 COMPANY - !I.ep ..sentAtive Ilnd/nr MsrnagC:t'I'\t!t'lt CAPMity: The Company has authori7.ed and hereby dcsignah,s the following indlv{dunl(s) 10 serve In a reprclienlatlve and/or management capacity on behalf of Company relating to the concernEd project, contract document. lease document, development documen1. or tlny other legal document or (Ig,reemenl', Including but not limited tQ mnnnger, project manager. site mRn~gert etc, Name Title ~A 2..W ~.P£t.\({'" C~ l:¥:c... E.NFi'ISC;>. Inf:AS£ t\TTACH ADDITIONt\L SHEETS AS NECESSARY IN ORlltR TO PROYIDE ALL RF.QUBSTW fNFORMATl.ON.1 Mt Vll!w AvenuQ: Wlde"ing and Reconstruction Ph.sell Company Informalion Sheet 00260 Bid IS6u4nce Set Page4of4 036 2a TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 2a PRESENTER: Michael Burrows, Executive Director SUBJECT: INFORMATIONAL ITEMS – EXECUTIVE DIRECTOR'S REPORT SUMMARY An oral report will be provided at the time of the meeting. PREPARED BY: Maciel Rodarte CERTIFIED AS TO AVAILABILITY OF FUNDS: N/A APPROVED AS TO FORM AND LEGAL CONTENT: N/A FINAL APPROVAL: Michael Burrows BACKGROUND INFORMATION None. Attachments: 1. None. 037 2b TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 2b PRESENTER: Michael Burrows, Executive Director SUBJECT: INFORMATIONAL ITEMS – REPORT ON ECONOMIC DEVELOPMENT PROGRAMS AND INITIATIVES SUMMARY An oral report will be provided at the time of the meeting. PREPARED BY: Michael Burrows CERTIFIED AS TO AVAILABILITY OF FUNDS: N/A APPROVED AS TO FORM AND LEGAL CONTENT: N/A FINAL APPROVAL: Michael Burrows BACKGROUND INFORMATION None. Attachments: 1. Power Point Presentation. 038 Inland Valley Development Agency Economic Development Overview April 13, 2017 039 Near-Term Actions Based on the adopted Strategic Plan, the following are recommended focal areas for this year: Opportunities: 1) SBD Corporate Center Building 1 – Lease expansion pending 2) Building 48 (NREC) – New Lease – San Bernardino Community College District 3) Building 58 (former Base Exchange) – Building Improvements and Interior Areas 4) Westgate Development (Hillwood) JPA 1990 5) Northgate Development (Hillwood) 6) SBD Corporate Center Building 2 – Complete Infrastructure Upgrades 040 2 Base Reuse JPA – Partnership Model Public-Private Partnerships (2001-present) • Over 13,000,000 SF • Multiple Fortune 100 & 500 firms • Over $1.5B in new construction • Over 10,780 jobs* 041 3 Base Reuse JPA Disposition & Development Agreement (Westgate Buildings 2 and 3) 042 * Source: Hillwood, 2017 4 Near-Term Actions 1,881,1002,357,732 Square Square Feet Feet of New of New Industrial Industrial Under Development Development UNDER CONSTRUCTION: Westgate Buildings 2 &3 (365,961 SF) COMPLETED: Gateway South Building 3 COMPLETED: (1,102,639 SF) Westgate Building 6 (412,500 SF) NEW: Westgate Building 4 (476,632 SF) 043 5 Base Reuse JPA – Public Benefit Conveyances SMBMI Del Rosa Ave. Rosa Del 5th Street SMBMI 3rd Street SMBMI USFS Matich Alabama Ave. Alabama Tippecanoe Ave.Tippecanoe Harry Sheppard Blvd. Public Benefit Conveyances San Manuel Band of Mission Indians Mill Street U.S. Forest Service SACHS Clinic (Loma Linda) USFS City of San Bernardino (Parks) Chace Chapel/ Operation Grace Central Ave. 044 San Bernardino Community College Dist. 6 3rd and 5th Street Corridor - Specific Plan Area Boundary AIRPORTGATEWAY SPECIFIC PLAN DISTRICT MAP 045 7 San Manuel Land Exchange 046 8 Mountain View Avenue Phase II, III, and IV Phase II Phase III Phase IV 047 9 International Trade Agreement 048 10 2017 World Trade Conference 23rd Annual Inland Empire World Trade Conference Advancing Trade in a New Era: International Trade, Aerospace, Transportation & Cybersecurity The Inland Empire World Trade Conference (IEWTC) is a one day forum with breakout sessions for businesses in the region to discuss the ever-changing state of international commerce and its impact on the global economy. Featuring breakout sessions on international trade, cybersecurity, transportation and aerospace, this conference is an excellent opportunity for Date: Wednesday, May 17, 2017 business leaders to address issues and brainstorm on solutions. Time: 8 am to 5 pm Place: San Bernardino International Airport WHO SHOULD ATTEND: Domestic Terminal • Current or Future Exporters 105 N. Leland Norton Way • Sales and Marketing Professionals San Bernardino, CA 92408 • Operations and Logistics Professionals • Senior Level Executives and Strategists Cost: $30 Presale / $35 At the Door • Invertors and professional advisors REGISTER at: IEWorldTrade.com 049 11 IVDA Educational Affiliations 050 ECONOMIC DEVELOPMENT Victoria Victoria Ave. Alabama St. Tippecanoe Ave. Mt. View Ave. Multi-Jurisdictional Specific Plans13 Economic Development Gateways 051 Former Norton AFB - 2017 052 14 2c TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 2c PRESENTER: Michael Burrows, Executive Director SUBJECT: INFORMATIONAL ITEMS – REPORT ON WORLD TRADE WEEK CONFERENCE - US COMMERCIAL SERVICE SUMMARY An oral report will be provided at the time of the meeting. PREPARED BY: Maciel Rodarte CERTIFIED AS TO AVAILABILITY OF FUNDS: N/A APPROVED AS TO FORM AND LEGAL CONTENT: N/A FINAL APPROVAL: Michael Burrows BACKGROUND INFORMATION None. Attachments: 1. Flyer. 053 054 3 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 3 PRESENTER: William K. Garay, Director of Finance SUBJECT: RECEIVE REGISTER OF DEMANDS - APRIL 13, 2017 SUMMARY IVDA's Register of Demands. RECOMMENDED ACTION(S) Receive for information. FISCAL IMPACT Disbursements for amounts due in March 2017 PREPARED BY: William Garay CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: N/A FINAL APPROVAL: Michael Burrows 055 3 BACKGROUND INFORMATION Total check disbursement activities for March 2017 amount to $129,800.46. They include the following. • Professional Services: California Strategies & Advocacy LLC; Hernandez, Kroon & Associates; Imagine Systems Inc.; Innovative Federal Strategies; PlaceWorks Inc.; Rosenow Spevacek Group Inc.; and Tom Dodson & Associates were paid $29,886.80. • Capital Projects Costs: Action Construction Specialist, Image Builders & Developers Inc., and JZY Design Concepts were paid $11,900.00. • Utilities: Burrtec Waste Industries Inc., City of San Bernardino Water, SCE and Verizon were paid $15,654.82. • Janitorial & Maintenance Services: AC Mechanical and C & A Janitorial Services were paid $8,616.82. • Employees Benefits: American Fidelity Assurance Co-Flex, FLS/Eyemed Premiums, Health Net, Kaiser Permanente, Lincoln Financial Group, and MetLife were paid $38,144.87. Attachments: 1. Register of Demands for the April 13, 2017 Board Meeting. 2. Visa Breakdown-March 2017 056 Inland Valley Development Agency Register of Demands for Board Meeting April 13, 2017 Company Name Description AP Register 1 # 1 Son Plumbing Test and certify backflow 35.00 2 A/C Mechanical Inc. Building maintenance-HVAC 1,708.74 3 Action Construction Specialist Trash enclosures-bldg 58 9,900.00 4 Alsco Floor mats-bldg 48 58.01 5 American Fidelity Assurance Co-Flex Employee benefits flex spending plan 419.20 6 Aramark Coffee supplies 213.79 7 Board Members Director fees 2,400.00 8 Burrtec Waste Industries Inc. Trash service 483.79 9 C & A Janitorial Services Janitorial service 6,908.08 10 California Strategies & Advocacy LLC Professional lobbyist services 4,000.00 11 City of SB Water Department Water and sewer services-20 accounts 3,535.71 12 Consolidated Electrical Distributors Inc. Electrical supplies 24.03 13 DMV Employee pull notice-(EPN) 2.00 14 FedEx Courier services 172.75 15 FLS/Eyemed Premiums Employee benefits-vision 467.68 16 Freeway Communications Installation fee for internet service 544.50 17 Hernandez, Kroon & Associates On-Call survey services 3,990.50 18 Home Depot / GECF Building maintenance and supplies 306.95 19 Image Builders & Developers Inc. Construction consultant services-bldg 58 1,800.00 20 Imagine Systems Inc. IT maintenance, supplies, and consultation 467.50 21 Inmark / Precision Signs Nameplates-Woods and Rigsby 33.65 22 Innovative Federal Strategies Professional Legislative service agreement 10,000.00 23 JZY Design Concepts Construction related expense-design and package trash 200.00 enclosures-bldg 58 24 Kaiser Permanente Employee benefits-medical 3,842.55 25 Lincoln Financial Group Employee 457/401A-retirement benefits 29,397.51 26 MetLife Employee benefits-dental 4,017.93 27 Michael Burrows Mileage reimbursement-Los Angeles Air Cargo Association 104.86 (LAACA) meeting 28 Office Solutions Office supplies 1,185.91 29 Petty Cash - Bill Garay Replenish petty cash fund 989.44 30 PlaceWorks Inc. Contract agreement for the preparation of a Multi 5,971.30 Jurisdictional specific plan 31 Protection One Fire suppression monitoring 225.50 32 Rapid Data Payroll services 266.25 33 RMA Group Contract agreement to perform material testing for the 664.00 capital improvements program-General Aviation hangars foundation and building 34 Rosenow Spevacek Group Inc. Professional services to assess the base reuse project 3,035.00 area 35 Sam's Club Supplies 119.48 36 SkillPath Seminars Annual pre-paid training 2,750.00 37 Southern California Edison Electrical consumption-14 accounts 10,738.77 38 Sysco Supplies 128.40 39 Tom Dodson & Associates Environmental consultant 2,422.50 40 Toshiba Service copy machine 122.46 41 Vanir Energy LLC Lease agreement for the design & financing solar system 13,170.00 bldg 48 42 Verizon Conferencing Telephone conferencing accounts 162.59 43 Verizon Wireless Cell phones 733.96 44 VISA Office supplies and travel charges 1,270.17 45 Western Exterminator Company Pest control 180.00 46 Zeno Pierre Media Works Board meeting video recordings 630.00 Total 129,800.46 057 VISA Breakdown March 2017 IVDA Description Vendor Dept. Amount 1 QuickBooks Enterprise Monthly-consulting fee-January Fourlane Admin $ 459.38 2 Monthly subscription Wall Street Journal Admin $ 34.84 3 QuickBooks Enterprise Monthly-consulting fee-February Fourlane Admin $ 459.38 4 Monthly subscription Interfax Admin $ 9.50 5 Source one donation box with lock Amazon Admin $ 47.96 6 Travel-Public Agency Risk Management Association Disneyland Admin $ 28.00 Conference-C. Pritchett 02/2017 parking fees 7 Travel-Public Agency Risk Management Association Disneyland Resort Admin $ 265.13 Conference-C. Pritchett 02/2017 hotel fees 8 Source one donation box with lock refund Amazon Admin $ (34.02) Total $ 1,270.17 VISA Statement Balance $ 1,270.17 Date Prepared: 03/28/17 058 4 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 4 PRESENTER: William Garay, Director of Finance SUBJECT: RECEIVE AND FILE CASH REPORT FOR FEBRUARY 28, 2017 FOR THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) SUMMARY Submitted for your consideration is the IVDA's monthly cash reconciliation report. RECOMMENDED ACTION(S) Receive and file Cash Report for February 28, 2017 for the Inland Valley Development Agency (IVDA). FISCAL IMPACT None. PREPARED BY: William Garay CERTIFIED AS TO AVAILABILITY OF FUNDS: N/A APPROVED AS TO FORM AND LEGAL CONTENT: N/A FINAL APPROVAL: Michael Burrows 059 4 BACKGROUND INFORMATION Attached is the Cash Report for February 28, 2017 for the Inland Valley Development Agency. The total book value of Cash, Investments, and Investments Held with Fiscal Agent accounts is $40,296,371.50 at February 28, 2017. Banks’ statements reflect $40,344,276.30. The difference in totals is due to the outstanding checks, the deposits in transit and other items at February 28, 2017. If you have any questions about this report please contact me at (909) 382-4100 extension 141. Attachments: 1. Cash Report for February 28, 2017. 060 061 5 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 5 PRESENTER: Jim Harris, Manager of Capital Projects SUBJECT: AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE GENERAL AVIATION HANGARS CONSTRUCTION PROJECT; AND RELEASE OF THE CONSTRUCTION RETENTION SUMMARY This construction project is complete. RECOMMENDED ACTION(S) Authorize the filing of a Notice of Completion for the General Aviation Hangars Construction Project; and release of the construction retention; and Authorize the Executive Director to execute all related docments. FISCAL IMPACT The funding for this project is included in the 2016-17 approved IVDA Budget, line item 50285. A total of $1,651,234 has been allocated for this project. PREPARED BY: Jim Harris CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: Michael Burrows 062 5 BACKGROUND INFORMATION On September 12, 2012, San Bernardino International Airport Authority (SBIAA) Commissioners authorized the award of a contract to Parsons Brinckerhoff for the design and management of the General Aviation Infrastructure Improvements Project using a three phase approach. The first Phase of this SBIAA Project, Building Demolition and Abatement is complete. SBIAA’s Phase II (ongoing) includes construction of underground utilities and grade work to support the construction of the General Aviation Hangars and the San Bernardino County Sheriff Aviation Facility. The Inland Valley Development Agency (IVDA) is a California Joint Powers Authority (JPA) with federal base reuse authority pursuant to the requirements of the Department of Defense (DOD) in the Base Realignment and Closure Act 1 (Public Law 100-526 or BRAC). As a federal reuse authority, as well as under state law and the Joint Powers Agreement, as amended, IVDA has certain obligations to support the public airport and related improvements. Such authority, and the federal documents transferring the former Norton Air Force Base (NAFB), carries with it the responsibility for implementing civilian reuse. Pursuant to such authority, and working with SBIAA, IVDA has carried out (or otherwise caused to be carried out) a series of projects to implement such conversion. SBIAA previously entered into an agreement with the County of San Bernardino and City of Rialto for the closure of the Rialto Airport and the transfer of aviation tenants from the Rialto Municipal Airport to the San Bernardino International Airport. These agreements require that SBIAA provide certain hangar facilities for Rialto tenants by 2015. In an effort to expedite the construction and delivery of the vertical improvements for SBIAA, on May 13, 2015, the IVDA Board awarded a construction contract to erect the pre-purchased engineered steel hangars to Jergensen Construction. The original cost was $1,231,600.00. The project construction is complete. The final cost is $1,355,861.12. A summary of the approved change orders on the project are as follows: Item DESCRIPTION OF CHANGES CO 1 TYPE Amount 1 Additional electrical system installation for the Add $64,998.00 General Aviation Hangars. 2 Additional equipment, labor and materials for Add $ 7,386.37 unloading hangar materials and relocate previously delivered items that was interfering with other contractor work, which was outside the original project scope. 063 5 Item DESCRIPTION OF CHANGES CO 2 TYPE Amount 1 Additional cost to provide material, equipment and Add $25,008.36 labor to construct a 20 foot steel stud wall with finished with texture and paint 2 Additional cost to provide material, equipment and Add $ 3,181.35 labor to install a moisture barrier coating in the tenant improvement area in hangar 1. 3 Additional cost to provide material, equipment and Add $ 2,135.90 labor to correct miscellaneous fabrication errors dealing with the hangar structure and foundation bolting systems 4 Additional cost to provide material, equipment and Add $ 15,105.73 labor to correct to miscellaneous fabrication errors dealing with the hangar structure; correcting clips being welded on the wrong side of columns. 5 Additional cost to provide material, equipment and Add $6,445.41 labor to correct to miscellaneous fabrication errors dealing with the hangar structure; correcting Original Contract Amount: $ 1,231,600.00 Change Order # 1 $ 72,384.37 Change Order # 2 $ 51,876.75 Final Contract Amount: $ 1,355,861.12 Staff recommends the Board approve the recommended action as set forth. Attachments: 1. Area Map 064 "X" STREET E T V E A E A R I T R S O h T t 0 C I 0 V 1 / T S d n 2 0 1 "U" STREET E N A L I X A T D E S O P O R P SCALE 1"= 250' 00 50 100 200 San Bernardino International GRAPHIC SCALE Airport Authority General Aviation Infrastructure Project PROJECT LOCATION MAP 065 6 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 6 PRESENTER: Jim Harris, Manager of Capital Projects SUBJECT: APPROVE A CONSTRUCTION CONTRACT WITH NBI GENERAL CONTRACTORS, INCORPORATED IN AN AMOUNT NOT TO EXCEED $34,155.00 FOR THE INSTALLATION OF ACCESS DOORS TO BUILDING 58; AND APPROPRIATE A 10% CONSTRUCTION CONTINGENCY OF $3,415.00 SUMMARY Building 58 currently houses two tenants, Brew Rebellion and Technical Employment Training. Both tenants need additional access to the main building to improve operations. The brewery will use the enhanced access for production improvements, and TET for forklift training programs. The work consists of removing a portion of two existing walls and installing two 10' x 12' roll-up doors. RECOMMENDED ACTION(S) Approve a construction contract with NBI General Contractors, Incorporated in an amount not to exceed $34,155.00 for the installation of access doors to Building 58; and appropriate a 10% construction contingency of $3,415.00. FISCAL IMPACT This project is included in the approved 2016-17 IVDA adopted budget in line item 50281. With pending adjustments, a total of $338,000 has been allocated for this project. PREPARED BY: Jim Harris CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: Michael Burrows 066 6 BACKGROUND INFORMATION Building 58 currently houses two tenants; Brew Rebellion (BR) and Technical Employment Training (TET). BR is a microbrewery and TET provides advanced technical training. Both long term tenants require additional access to the main area of Building 58. BR will use the new access to improve production in the beer brewing process by allowing a fork to have access to the interior of Building 58. TET will use an additional access point for the training and certification of their students in operating forklifts. Working with the tenants, staff developed plans for the installation of two 10’ x 12’ roll up doors. There will be one door located in both the north and south facing walls. Staff solicited proposals from seven local construction companies and include; NBI General Contractors $34,155.00 AEC-Moreno Corporation $55,300.00 T & G Construction $59,854.00 Miles Construction $61,920.00 L.A. Engineering $67,600.00 Robert Gosney Construction $82,500.00 Action Construction Declined to Bid Staff recommends the Board approve the above actions. Attachments: 1. None 067 7 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 7 PRESENTER: Sharon Leon, Property Manager SUBJECT: APPROVE THE FIRST AMENDMENT TO LEASE AGREEMENT BY AND BETWEEN FRONTIER CALIFORNIA INC., A CALIFORNIA CORPORATION, SUCCESSOR IN INTEREST TO VERIZON CALIFORNIA INC., A CALIFORNIA CORPORATION, AND THE INLAND VALLEY DEVELOPMENT AGENCY SUMMARY The Inland Valley Development Agency (IVDA) received notification from Verizon California Inc. (now Frontier California Inc.) of its intent to exercise its one (1) five-year option to extend the term of its lease from February 1, 2016 through January 31, 2021 for its office and telecommunications infrastructure facility located at 1505 Enterprise Drive in San Bernardino, California. The terms of the extension allowed for a renegotiation of monthly rent t represent the "Fair Market Rental Rate" for the area. Negotiations began prior to the transfer of Verizon's interests to Frontier California Inc. After transfer, there was a lengthly delay in resuming negotiations due to staff changes and reorganization. This extension and the rent increase are retroactive to February 1, 2016. RECOMMENDED ACTION(S) Approve the form of First Amendment to Lease Agreement by and between Verizon California Inc. and the Inland Valley Development Agency. Authorize the Executive Director to execute all related documents subject to technical and conforming changes as approved by legal counsel. FISCAL IMPACT There is an increase in revenue in the first year of the extension from $22,460.00 to $54,471.00. Rents will be adjusted annually pursuant to changes in the Consumer Price Index. PREPARED BY: Sharon Leon CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: Michael Burrows 068 7 BACKGROUND INFORMATION The Inland Valley Development Agency (IVDA), Lessor, and Verizon California Inc. (Verizon), Lessee, originally entered into a sublease agreement dated June 1996 whereby Verizon was subleasing the Premises consisting of an office building and 80,104 square feet of land upon which telecommunications infrastructure is located. This facility serves as a regional switching station for Frontier’s fiberoptic assets. The Premises are located at 1505 Enterprise Drive in San Bernardino, CA. The original Sublease was subject to the Department of the Air Force Lease of Property dated March 7, 1995 (Master Lease) by and between the United State of America and the IVDA. The Sublease expired on January 31, 2011. Prior to expiration of the original Sublease, Verizon expressed its desire to continue operations at this location. On February 1, 2011 the IVDA and Verizon entered into a five-year lease which commenced on February 1, 2011 and ended on January 31, 2016. The provisions of the agreement provided Verizon with one (1) five-year option to extend the term. Rent for the extended term was to be negotiated to represent “Fair Market Rental Rate” for the area and was to be increased annually based upon changes in the Consumer Price Index. Pursuant to the terms of the agreement and prior to expiration of the lease, Verizon provided IVDA with formal notification of its intent to exercise its option to extend the term through January 31, 2021. IVDA made its best efforts to provide Verizon with a good-faith determination of the “Fair Market Rental Rate”, which was rejected by Verizon. Negotiations continued until there was a change in ownership from Verizon to Frontier California Inc. (Frontier) on March 31, 2016. Once the transfer of ownership occurred, IVDA attempted to proceed with negotiations, but changes in personnel and delays due to the company’s reorganization made it impossible to continue negotiations until the appropriate personnel were in place. Ultimately an agreement was reached and the First Amendment to Lease represents the final agreement between the parties. The approval by Frontier California Inc. has already been obtained, and the First Amendment documents have been executed on behalf of Frontier. This First Amendment extends the term of the lease for five years commencing and retroactive to February 1, 2016 through January 31, 20021. It increases the monthly rental rate from $1,871.65 to $4,539.23 (“Fair Market Rental Rate”). “Fair Market Rental Rate” was determined by using information from recent appraisals of other similar properties owned by IVDA and San Bernardino Airport Authority (SBIAA) as well as comparisons of rents achieved for other IVDA and SBIAA properties. The monthly rent is to be adjusted annually based upon changes in the Consumer Price Index. Staff recommends the Board approve the recommended action as set forth Attachments: 1. Site Map 2. Form of First Amendment To Lease Agreement 069 070 071 072 073 8 TO: Inland Valley Development Agency Board DATE: April 13, 2016 ITEM NO: 8 PRESENTER: Michael Lewin, General Counsel SUBJECT: CONSIDER AND DISCUSS A REPORT ON THE BOARD POLICY SUMMARY At the February, 2017 Inland Valley Development Agency Board meeting, Staff was directed to research possible updates to the adopted Board Policy related to attendance of alternate Board members in closed session. Based on that direction, General Counsel has consulted with other local agencies to assess best practices and to frame proper recommendations to the Board. Thereafter, at the March, 2017 meeting, staff and legal counsel were given direction to update certain aspects of the policy for further consideration by the Board. RECOMMENDED ACTION(S) Consider and Discuss a Report on the Inland Valley Development Agency Board Policy; and Adopt an Amended Board Policy. FISCAL IMPACT None. PREPARED BY: Maciel Rodarte CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: Michael Burrows 074 8 BACKGROUND INFORMATION At the February, 2017 Inland Valley Development Agency Board meeting, Staff was directed to research possible updates to the adopted Board Policy related to attendance of alternate Board members in closed session. Based on that direction, General Counsel has consulted with other local agencies to assess best practices and to frame proper recommendations to the Board. Thereafter, at the March, 2017 meeting, staff and legal counsel were given direction to update certain aspects of the policy for further consideration by the Board. An oral report will be provided at the time of the meeting. For consideration, discussion, and approval. Attachments: 1. Updated Board Policy 075 INLAND VALLEY DEVELOPMENT AGENCY BOARD Board Policy: Operating Rules and Procedures Purpose The objective of this document is to provide members of the Inland Valley Development Agency (IVDA) Board with procedures for conduct and a clear definition of the Board-staff relationship, and related roles. The document will also reinforce IVDA’s ethical standards, as required by AB 1234, and the Board’s own policies. This IVDA Board Policy: Operating Rules and Procedures document is not intended to serve as an all-inclusive or comprehensive collection of every past or present policy, procedure, and practice utilized in the operation of the IVDA, rather, as a guidance document which can be evaluated and updated from time-to-time. Background Powers and Duties of the IVDA The Inland Valley Development Agency (the “IVDA”) is a military base reuse joint powers authority created pursuant to Government Code Sections 6500, et seq., established in furtherance of Public Law 100-526 under the Federal Base Realignment and Closure Act, special State of California Legislation – Assembly Bill AB-419, and as further codified pursuant to the Joint Exercise of Powers Agreement originally dated as of January 24, 1990, by and among the City of San Bernardino, the City of Colton, the City of Loma Linda and the County of San Bernardino, as amended on February 12, 1990, and thereafter amended by Amendment No. 1 as of the same date (collectively the “JPA Agreement” or the “Agreement”); The powers and duties of the IVDA are set forth in the aforementioned governing regulations and in the Agreement. As stated therein, the IVDA shall have the authority and power to plan for the use and reuse of the Norton Air Force Base; to acquire, maintain and operate an airport for the economic benefit of the East Valley; and to serve as a federal base re- use authority. Specific powers of the IVDA are identified in Article IV of the Agreement. Board Role and Functions The Role of the Board in Relation to IVDA Staff The primary role of the IVDA Board is to establish and oversee policy and its implementation. Established policy is carried out and implemented by IVDA Staff (“staff”), under the supervision of the Executive Director. The Executive Director serves as the general manger for all IVDA staff operations and activities. Board members may seek information from staff; however, direction to staff shall be coordinated by and through the Executive Director on behalf of the Board. 1 IVDA Board Member Policy 076 IVDA Board The IVDA is governed by a Board composed of nine (9) individual members, each appointed by its legislative body and serving in their individual capacity as a member of the Board. The Board consists of elected officials appointed by their respective legislative bodies to serve as follows: • Three (3) from the City of San Bernardino • Two (2) from the County of San Bernardino • Two (2) from the City of Loma Linda • Two (2) from the City of Colton Each member can appoint an alternate representative for each allocated position who only. Alternates only participate when and if the primary Board member is not present. With the consent of the Co-Chairperson(s), alternate members may attend closed session if the primary member is present to be informed as to the issues discussed in closed session; however, alternate members may not vote on any matter if the primary member is present. Board Members and alternates are appointed to the Board for the term of their positions by and through the official actions of their respective legislative bodies, unless otherwise removed and reported. Pursuant to the JPA Agreement, each Member with two (2) votes shall have two (2) Board Members with one (1) vote each, and the Member with three (3) votes shall have three (3) Board Members with one (1) vote each. When the primary Board member is not present, the alternate may vote. However, either the primary member or the alternate must be present to vote Officers At the first regular meeting of the Board of the Fiscal Year which commences on an even numbered calendar year, the Board holds elections for the following offices: two (2) persons to be Co-Chairpersons; and one person to be Vice-Chairperson. The specific procedures for such elections and the terms for such positions are set out in in the IVDA Joint Powers Agreement and in Resolution No. 90-07B. Duties for such Offices are as follows: A. Co-Chairpersons: Pursuant to the JPA Agreement, two (2)Co-Chairpersons are elected by the Board. One of the Co-Chairpersons serves as the presiding officer for IVDA meetings. The presiding Co-Chairperson is determined at the time that elections are held and other than the event of an absence, typically run through the duration of the respective term of office. Either Co-Chairperson shall execute all contracts on behalf of the Agency, and shall perform such other duties as may be imposed by the Board. B. Vice Chairperson: Vice-Chairperson shall execute contracts and perform all of the Co- Chairperson’s duties in the absence of both Co-Chairpersons. C. Secretary. The Secretary (also known as the Clerk of the Board) is an appointed staff member. The Clerk of the Board keeps the IVDA records, takes minutes of all open session meetings, and attests to the execution of all contracts executed by the Co- Chairpersons, Vice-Chairperson, or such other official or person as may be designated by the Board, on behalf of the Agency. 2 IVDA Board Member Policy 077 Pursuant to the Agreement, the Board also selects a professional Treasurer or chief financial officer of a member to act as Treasurer. 3 IVDA Board Member Policy 078 The Executive Director, Clerk of the Board, and General Counsel serve as the primary staff for Board meetings. The Executive Director appoints all other employees of the IVDA, consistent with the Board-approved budget and applicable procedures. Meetings, Committees, Appointments, and Officers The IVDA Board is governed by the Ralph M. Brown Act, as established by the California State legislature in 1953 and amended thereafter, set forth in California Government Code Sections 54950 et seq (“Brown Act”). The Board sets its regular meeting schedule by resolution as required by the Brown Act. In addition to the Brown Act, the Board may appoint such standing or ad hoc committees as it deems necessary to advise the Board on a variety of subjects. Any member of the Board may be appointed or assigned by the Co-Chairperson to a committee, except that no Board Member may serve on more than two (2) committees. The Co-Chairperson’s assignments to standing committees shall be ratified by a majority vote of the Board, and Board Members may be removed from committee assignments by a majority vote of the Board. The membership of any ad-hoc committee will be composed of not more than two (2) Board Members and shall expire upon accomplishment of its purpose. The Co-Chairperson may establish new ad hoc committees at any time, and such committees are not ratified or approved by the Board. Standing committees are subject to the Ralph M. Brown Act, as “legislative bodies.” Agendas are prepared for meetings of standing committees, and the meetings are open and public. Minutes are prepared for all standing committees. In contrast, and pursuant to applicable law, ad hoc committees are not subject to the Brown Act. Agendas need not be prepared for ad hoc committee meetings, and they are not required to be open and public. Ad hoc committee meetings are typically informal and are set at the convenience of the committee members. Board committees serve as advisory bodies. Final policy decisions are made by the Board. Citizen Inquiries Board Members may receive inquiries and occasional complaints from constituents. Such contacts may be the result of a situation that staff is unaware of, i.e.: service that has not been properly provided, a request that is above or beyond appropriate service levels, a miscommunication or misunderstanding, or a mischaracterization of an occurrence by the constituent. When a Board Member is contacted by a constituent, he/she should ensure that the Executive Director is made aware of the issue. Such Board Member may wish to ask the constituent to contact the Executive Director, or vice-versa. Copies of responses to significant citizen inquiries should be submitted by the respective Board Member to the Executive Director for appropriate follow-up. Information regarding the correspondence shall be provided to all Board Members as soon as practicable and allowable under applicable law. 4 IVDA Board Member Policy 079 IVDA Fiscal Administration The fiscal administration of the IVDA is based both on statutory requirements, its joint powers agreement, its respective deed covenants, grant assurances, Federal and State Operating Permits, as well as generally recognized policies and practices applicable to public finances. Annually, the IVDA’s financial operations are audited by an independent public accounting firm that is recommended by staff and selected by the Board. The firm prepares and submits an audit report to the Board. The Finance & Budget Committee (also serves as the IVDA Audit Committee) reviews results of the annual audit with the Executive Director/Director of Finance and other staff. A final report is then made to the Board. During the course of the fiscal year, the Board maintains oversight of the financial condition of the IVDA. This is accomplished through monthly financial reporting to the Board by the IVDA Director of Finance. IVDA shall prepare and produce an annual report for presentation to the community, public, and industry describing its activities, operations, and financial position over the preceding year. Budget Operation The IVDA budget operates on a fiscal year running from the first day of July through the last day of June. A budget is developed each year in advance of the start of the fiscal year. The budget contains the estimate of all revenue and expenses, including administrative, operating and maintenance expenses, payroll, acquisitions and improvements, and a reasonable contingency to cover unanticipated expenses, litigation reserves, or revenue shortfalls. A draft of the budget is initially prepared and produced by IVDA staff in the early part of the calendar year. Typically, the draft budget will be reviewed with the IVDA’s standing Finance & Budget Committee. That review may result in refinement of the draft before its presentation to the Board as a whole. Ordinarily, a draft budget will be presented to the Board in April or May in order to allow adequate time for review, discussion, and further revision as needed. Final adoption should occur by the end of June. Upon adoption by the Board, the approved budget is then implemented at the start of the upcoming fiscal year. The Executive Director has the authority to make necessary budget adjustments and transfers of up to $24,999 between line items of the budget as the fiscal year progresses. Larger adjustments, if needed, shall be approved either by the Board at either the mid-fiscal-year review or periodically at such other times as may be necessary. Often times, an update to the IVDA’s capital improvement plan will accompany the annual budget. The Executive Director has been given the authority by the Board to execute, on behalf of the IVDA, any grant agreements or other related documents, provided that proper information is timely provided to the Board regarding the funding opportunity and granting agency, and subject to the local match authority then in existence per the adopted budget. Investment Policy IVDA investments are controlled by Federal and State law. In regard to investments, the IVDA seeks to meet three distinct objectives: to safeguard the assets of the IVDA; to insure that the IVDA’s liquidity needs are met; and to achieve the highest rate of return on investment 5 IVDA Board Member Policy 080 commensurate with appropriate risk evaluation and established Board investment controls. The IVDA’s investment policy is periodically reviewed by the Finance & Budget Committee and approved by the Board. Fiscal Controls IVDA policies and procedures require periodic reporting of all IVDA expenditures. The IVDA may not acquire or dispose of any real property without approval from the Board (typically by resolution). The IVDA utilizes a purchase order / purchasing system calling for prior approval of all IVDA expenditures and applies to both employees and Board Members. In addition, the IVDA also has in place a set of “Accounting Procedures,” “Purchasing Procedures,” and “Construction Procedures.” Ethical Requirements California law (Govt. Code Section 53232 et. seq. sometimes referred to as “AB 1234″) requires local officials who receive reimbursement for certain expenses to receive training on public service ethics laws and principles every two years. The purpose of this training is to alert local officials to the extensive array of laws that apply to public service, as well as the unique ethical obligations public servants have. The IVDA complies with AB 1234 and expects the members appointed to the Authority to perform the business of the IVDA with a high regard to its provisions. What follows is a brief review of public service ethics mandated by the FPPC and Attorney General for AB 1234 training. This list is a reminder and does not substitute for such training. Personal Financial Gain A. Laws Prohibiting Bribery (Pen. Code § 68) Any employee, elected official or appointee is prohibited from accepting a bribe. Doing so may constitute a felony and is punishable by prison time and fines. B. Conflicts of Interest under the Political Reform Act (Gov. Code § § 87100, 87103) Gov. Code § 87100: No government employee, official or appointee shall make, or in any way attempt to use, his/her official position to influence a governmental decision in which he/she knows or has reason to know that he/she has any financial interest. Gov. Code § 87103: No employee, official or appointee shall make a decision with financial interest if it is reasonably foreseeable that the decision will have a material financial effect on the official, a member of his/her immediate family. C. Contractual Conflicts of Interest (Gov. Code § 1090) No government employee, official or appointee may be financially interested in any contract created by them in their official capacity. Neither will they be purchasers or vendors at any sale made in their official capacity. D. Conflicts of Interest and Campaign Contributions (Gov. Code § 84308) Elected officials who also serve as appointees to a government agency shall not receive contributions in excess of $250 the amount contained in Government Code Section 84308 during certain times that any permit or license is pending approval by said agency. IVDA has established a review and disclosure system to meet the requirements of this section and the accompanying FPPC regulations. 6 IVDA Board Member Policy 081 E. Conflicts of Interest When Leaving Office (Gov. Code §§ 87406.3, 87407) Gov. Code § 87406.3: For a period of one year after leaving office or employment, no elected official who formerly worked for a government agency shall make an appearance for another person in front of that agency. Gov. Code § 87407: No public official shall make, participate in making or use their official position to influence any governmental decision that directly relates to any person with whom he/she is negotiating, or has any arrangements concerning prospective employment. Limitations on Accepting Contributions A. Lobbyists are prohibited from making any gift worth upward of $10 in any given month. (Gov. Code § 86203) B. No elected official shall accept gifts totaling more than the amount contained in Formatted: Not Expanded by / Condensed by Government Code Section 89503over $250 from a single source in one calendar year. (Gov. Code §89503) C. Payment from agencies for travel and lodging and food expenses are not considered a gift under Gov. Code §§ 86203 and 89503. (Gov. Code § 89506) D. No government official shall accept any honorarium. Honoraria Ban (Gov. Code § 89502) E. Misuse of Public Funds. (Pen. Code § 424; Gov. Code § 8314; Fair Political Practices Commission v. Suitt (1979) 90 Cal.App.3d 125; Stanson v. Mott (1976) 17 Cal.3d 206) Use of public funds for personal benefit or for the benefit of friends or families is punishable by imprisonment. The official will be disqualified from holding public office in the state. F. Prohibitions against Gifts of Public Funds (Cal. Const., art. XVI, § 6) The legislative body will not have the authority or power to give or lend public funds to any person except for a public purpose G. Mass Mailing Restrictions (Gov. Code § 89001) No newsletter or mass mailing shall be sent at public expense. H. Prohibition against acceptance of free transportation by transportation companies (Cal. Const., art. XII, § 7) A transportation company may not offer free transportation to any person holding office in California. The acceptance of free transportation will be deemed a forfeiture of office. 7 IVDA Board Member Policy 082 Government Transparency Laws A. Economic interest disclosure under the Political Reform Act (Gov. Code § 87200) Candidates for government office must file a statement disclosing financial and real property interests. Also a statement of income for the prior 12 months is required. B. Brown Act (Gov. Code § 54950 et seq.) Public agencies exist to serve the people and should conduct their meetings openly. C. Public Records Act (Gov. Code § 6250) Information relating to the conduct of people’s business as produced by any government agency is the people’s right to know. Fair Process Laws A. Common Law bias provides that a decision maker who stands to gain or lose from a decision is disqualified from acting as a decision maker. Clark v. City of Hermosa Beach; 48 Cal. App 4th 1152 (1996); Breakzone Billiards v. City of Torrance, 81 Cal.App.4th 1205(2000) B. Due Process Requirement A hearing officer whose potential future income derives from work that an agency might give based on his or her performance in a hearing at hand is not giving due process. Haas v. County of San Bernardino 27 Cal.4th 1017 (2002) C. Doctrine of Incompatible Offices (Gov. Code § 1099) A government officer may not hold two offices in government that are incompatible. D. Competitive Bidding Requirements for Public Contracts. See the IVDA Purchasing policies: In projects in excess of $5,000 the IVDA may award the project to the lowest bidder. IVDA may reject any and all bids and re-advertise in an effort to get new bids. The IVDA may by a four-fifths (4/5) vote turn the project over to a governmental agency. 8 IVDA Board Member Policy 083 CONDUCT OF IVDA BOARD MEETINGS Purpose These rules shall apply to all proceedings and meetings of the Board of the IVDA. Meetings A. Brown Act. All meetings of the Board shall be conducted in accordance and in compliance with the Ralph M. Brown Act, as it may be amended from time to time (Govt. Code Section 54950 et seq). B. Regular Meetings. The regular meetings of the Board shall be held in accordance with the duly adopted meeting schedules. At one Co-Chairperson’s discretion and prior to posting of the Agenda, regularly scheduled meetings may be cancelled. C. Special Meetings. A special meeting may be called at any time by one Co-Chairperson of the Board or three members of the Board. Notice of a special meeting shall be written and shall specify the time and place of the meeting and the business to be transacted. Such notice shall be delivered to or mailed to each Board Member at least 24 hours before the time of the special meeting and be supplied to the local newspaper of general circulation. The notice shall be posted by the Secretary to the IVDA at least 24 hours prior to the special meeting in a location that is freely accessible to the public. D. Adjourned Meetings. Any regular or special meeting of the IVDA may be adjourned to a time and place specified in the order of adjournment. The Secretary, with approval from the Executive Director and General Counsel, may adjourn the meeting when less than a quorum are present. If all members of the Board are absent, the Secretary may adjourn the meeting to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as is required for special meetings. E. Administrative Sessions and Informational Meetings. The IVDA may, from time to time, schedule administrative sessions and informational meetings with staff or the public for the purpose of receiving information on and discussing subjects of interest to the IVDA. No action shall be taken on any item at any such meeting. Such meetings may be called by the Board Members during any regular, adjourned, or special meeting. Otherwise, such meetings shall be called in the same manner as special meetings. Quorum A quorum is required for the IVDA Board to Act. A quorum constitutes five (5) votes from five (5) members representing three (3) parties. A quorum is present when Board members representing a majority of the public agency Board members (members from 3 different agencies) are present and a majority of the total Board members (5) are present. No individual other than a duly appointed member who has been appointed as either a primary representative or an alternate may be considered for the purposes of determining a quorum. Members must be present at the meeting to have the power to cast a vote 9 IVDA Board Member Policy 084 Meeting Protocol A. One Co-Chairperson shall convene all meetings and shall call the Board Members to order. In the absence of both Co-Chairpersons and the Vice-Chairperson, the Secretary shall convene the meeting and call the Board Members to order, whereupon a temporary chair shall be selected by the Board Members present. The temporary chair shall relinquish the chair upon arrival of a Co-Chairperson or Vice-Chairman, and after the conclusion of the question then being considered by the Board Members. B. The Secretary shall enter in the minutes the names of those Board Members that are present, absent or those who arrive late. C. To facilitate the conduct of meetings, a consent agenda may be used. The consent agenda normally contains items that are considered to be routine. Action for all items on the consent agenda is taken by one motion. Items on the consent calendar shall be considered first and shall be acted upon in one motion. Any Board Member may request that an item be removed from the consent calendar and placed on the agenda for discussion. D. Items on the agenda shall be considered in order, except that the presiding Co- Chairperson may take items out of order when necessary to accommodate persons appearing before the IVDA. Items scheduled for a particular time shall be taken up as close to the designated time as is possible. In no case shall a timed item be taken up before the designated time. E. The order of procedure at all public hearings and quasi-judicial hearings shall be as follows: The IVDA staff member responsible for the matter shall present his or her report and recommendation; all persons wishing to speak in favor of the question shall be heard; persons wishing to speak in opposition to the question shall be heard; rebuttal will follow. The question shall then be submitted to the Board Members for discussion and decision. F. Every agenda for regular meetings shall provide a time for members of the public to directly address the IVDA on matters within the IVDA’s jurisdiction that are not on the agenda. The IVDA has set a time limit of three (3) minutes per speaker. Each speaker shall be limited to three (3) minutes unless the Co-Chairperson authorizes additional time. Speakers may not transfer or assign their time to another person. H. Whenever any group of persons wishes to address the Board, the Co-Chairperson may require that the group designate a spokesman to represent the group before the Board. I. No person, including Board Members, shall address the Board without permission of the presiding Co-Chairperson. Board Members shall limit their individual comments to a presentation of their respective position on a matter. Board Members shall not address the issue again except for new matters and as allowed by the presiding Co-Chairperson. 1 IVDA Board Member Policy 085 Closed Session Closed sessions may be used by the Board for deliberations involving personnel, certain negotiation matters and litigation and as authorized by the Brown Act. Voting The IVDA Board takes action by majority vote of the quorum. Unless disqualified or absent, all Board Members shall vote on all questions coming before the Board. The Co-Chairperson may call for a roll call vote. Whenever a roll call vote is requested, the Assistant Secretary shall call the name of a Board Member and record the vote of that Board Member. An abstention for other than a conflict of interest counts as neither a ‘ye’ or a ‘no’ vote although the member is part of the quorum. A verbal roll call is required for the expenditure of money. Speaking A. When a Board Member desires to speak, he or she shall address the presiding Co- Chairperson and be acknowledged. When two (2) or more Board Members address the Co-Chairperson at the same time, the Co-Chairperson shall designate the Board Member who will speak first. All Board Members shall confine their remarks to the question then under consideration. B. Every motion shall require a second. Discussion on a motion shall not be permitted until the motion receives a second. Motions and seconds may be made by any member of the Board, including the Co-Chairperson. C. If any Board Member is unable to attend a meeting, he or she shall notify the Assistant Secretary as soon as possible and of the reasons therefore. Agenda A. The agenda for all Board meetings shall be prepared by the Secretary with input from IVDA staff, General Counsel, and Board members. Matters to be placed on the agenda for a regular meeting should be received by the Secretary no later than noon on the Wednesday prior to Regular Meeting. Individual Board Members, other than the Co- Chairperson, must seek approval of the Co-Chairperson or the Board to place an item on the agenda. B. The Board shall not take action on any item that is not on the agenda at a regular meeting, except under any of the following conditions and as provided by the Brown Act: (1) The Board, by majority vote, determines that an “emergency situation” exists. An emergency situation means (a) work stoppage or other activity which severely impairs public health, safety or both, as determined by a majority of the Board, or (b) crippling disaster which severely impairs public health, safety or both, as determined by a majority of the Board Members; or (2) The Board, by four-fifths (4/5) vote, determines that there is a need to take immediate action on the item and that the need for action came to the Board’s attention after the agenda was posted and cannot wait for another meeting; or 10 IVDA Board Member Policy 086 (3) The item was on the posted agenda for a prior meeting which was held no more than five (5) calendar days earlier, and at that earlier meeting the item was continued to the later meeting. Robert’s Rule of Order Robert’s Rules of Order provide common guidelines and rules for deliberation and debate in an effort to provide uniformity to meeting proceedings in effort to help, not hinder, the business of the Authority. Below are examples of common guidelines adopted for public agencies; such rules are used only when there is no statutory provision or regulation in place: The Co-Chairperson acts as the Parliamentarian. Obtain the Floor (the right to speak) by raising a hand and be recognized by the Chair before speaking. A motion to reconsider an item upon which the Board has acted may only be made at the meeting in which the action was taken. Such motion may only be made by a Board Member who voted on the prevailing side of the question. Adjournment of the meeting effectively extinguishes a Board Member’s opportunity to move for reconsideration of any item on that specific agenda. Amendment to this Policy These rules may be amended from time to time by the Board. Failure to Follow Rules Failure to follow these rules shall not invalidate or otherwise affect any action or decision of the Board. 11 IVDA Board Member Policy 087 IVDA BOARD -TRAVEL AND REIMBURSEMENT POLICY Local agencies that have authority to reimburse legislative body members for expenses incurred in the performance of their official duties must adopt, in a public meeting, written expense policies that specify the types of occurrences which will be reimbursable. See Cal. Gov’t Code § 53232.2(b). The policy may also specify rates or default to Internal Revenue Service rates. See Cal. Gov’t Code § 53232.2(c). This policy satisfies the requirements of Government Code sections 53232.2 and 53233.3. This policy is applicable only the Board members (including alternates). Authorized Expenses Expenses incurred by IVDA Board Members in connection with the following types of activities generally constitute authorized expenses, and would be eligible for reimbursement by IVDA. 1. Communicating with representatives of regional, state and national government on IVDA adopted policy positions; 2. Attending educational seminars designed to improve officials’ skill and information levels as to IVDA; 3. Participating in regional, state and national organizations whose activities affect the IVDA’s interests; 4. Attending IVDA or related events, no partisan political activity; 5. Implementing a IVDA-approved strategy for attracting or retaining businesses for that entity, which will typically involve at least one staff member and associated expenses for meals for third party representatives. Travel under this policy is authorized when in the state of California; travel outside the state requires Board pre-approval. This policy does not authorize payment of expenses otherwise reimbursed or covered by the official’s City or County reimbursement policies. All other expenditures require prior approval by the Board. The following expenses also require prior approval: 1. Out of state or international travel; 2. Expenses exceeding $1,000 per trip. Examples of personal expenses that the Board will not reimburse include, but are not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including partner’s expenses when accompanying official on agency- related business, as well as children or pet-related expenses; 12 088 4. Personal entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; 5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; 6. Personal losses incurred while on IVDA business; 7. Alcoholic beverages Any questions regarding the propriety of a particular type of expense should be resolved by the IVDA before the expense is incurred. To conserve resources and keep expenses within standards for public officials, expenditures should adhere to these guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the Board will be limited to the costs that fall within the guidelines. Transportation There is an expectation that the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, shall be used, using the most direct and time-efficient route. Airfare Air travel shall be arranged based upon the lowest available air rate and the most direct route. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Baggage handling fees of up to $20 per bag and gratuities of up to 15 percent will be reimbursed. Long-term parking must be used for travel exceeding 24-hours and will be reimbursed at the actual rate with a receipt. Automobile Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed. Car Rental Charges for rental vehicles may be reimbursed under this provision if it is determined that a rental vehicle is more economical than other forms of transportation. In making such determination, the cost of the compact class size of rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. Government and group rates must be used when available. Rental rates that are equal or less than those available through 13 089 the State of California’s website (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy. Taxis/Shuttles Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. Lodging Lodging expenses will be reimbursed or paid for when travel on official IVDA business reasonably requires an overnight stay. IVDA business travels are expected to request government or conference rates when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. Use of conference hotels is encouraged when it reduces the travel costs between the hotel and the conference site. Room rates are reimbursable costs. Extraordinary fees for room service, including movies and food/beverage, and other additional services are not considered reimbursable costs. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed $200 per night are presumed reasonable and hence reimbursable. Rates up to $300/night are presumed reasonable for San Francisco, New York and Washington D.C. Officials will be reimbursed for internet access connection and/or usage fees away from home, not to exceed $15.00 per day, if internet access is necessary for IVDA business. Me al s Reimbursable meal expenses and associated gratuities shall not exceed the following rates per person; meals will be reimbursed only when not included in a conference or other program. A 15 percent tip may be added to the authorized rate. Breakfast $15.00 Lunch $ 20.00 Dinner $ 40.00 In addition, meals may be purchased for others as set out above and only as allowed by law. Meals in excess of the above stated amounts require prior written approval by the Executive Director. Cash Advance Policy The IVDA does not authorize cash advances. Credit Card Use Policy IVDA does not issue credit cards to individual office holders and does not provide for use of a IVDA credit card. 14 090 Expense Report Content and Submission Deadline All expense reimbursement requests must be submitted on a IVDA expense report. A. All expenses reported on this form must comply with the IVDA’s policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the city/county/district’s policies include loss of reimbursement privileges, restitution, civil and criminal penalties. B. Expense reports must document that an expense met the requirements of this policy. For example, if the meeting is with a legislator, the Board official should explain whose meals were purchased, what issues were discussed and how those relate to the IVDA adopted legislative positions and priorities. C. Officials must submit their expense reports within 30 calendar days of an expense being incurred, accompanied by receipts documenting each expense. Expenses reimbursed after 60 days must be reported to the IRS as income. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Meals are considered “gifts” to legislators that must be reported by them if the total value of gifts given from the agency exceeds $50 in a year; there also is an annual gift limit. This limit is $340. See vCal. Go ’t Code § 87103(3). Registered lobbyists, by contrast, are limited to gifts of $10 per month. See Cal. Gov’t Code §§ 86201-86204. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. Audits of Expense Reports The Internal Revenue Service requires that expenses that are reimbursed after 60 days be reported as income to reimburse. Under an “accountable plan,” expense reimbursements are not taxable to the recipient; however, if the recipient does not submit his/her substantiated claim for reimbursement within 60 days of the expenditure, then the reimbursement is taxable to the recipient. It is the responsibility of the elected official to determine the appropriate tax rule and pay any and all taxes owing. All financial expenses are subject to verification that they comply with this policy as part of the annual audit. Reports to IVDA Board At the following regular IVDA governing body meeting, each official shall briefly report on any meetings attended at IVDA expense as well as any conferences, educational seminars or meetings with legislators or other governmental officials. Reports shall be identified under “Board member reports” at the end of the agenda. If multiple officials attended, a joint report may be made. The report may be made orally or in writing. 15 091 Violation of This Policy Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges; 2) a demand for restitution to the IVDA; 3) the agency’s reporting the expenses as income to the elected official to state and federal tax authorities; 4) civil penalties of up to $1,000 per day and three times the value of the resources used; and 5) prosecution for misuse of public resources. For example, meals are considered “gifts” to legislators that must be reported by them if the total value of gifts given from the agency exceeds a statutorily defined amount in a particular year; there also is an annual gift limit. This limit can be found in California Government Code section 87103. Registered lobbyists are also limited in the amount of gifts they may give, as outlined in California Government Code sections 86201-86204. Formatted: Indent: Left: 0" Evaluation This Policy shall be reviewed on an annual basis in order to conform to applicable laws and IVDA Board policy. The IVDA Board shall take action on any and all proposed updates to this IVDA Board: Rules and Procedures document. 16 092 9 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 9 PRESENTER: Jennifer Farris, Clerk of the Board SUBJECT: APPROVE MEETING MINUTES: MARCH 8, 2017 SUMMARY Submitted for consideration and approval by the IVDA Board: Meeting minutes of the Regular meeting held Wednesday, March 8, 2017. RECOMMENDED ACTION(S) Approve meeting minutes of the Regular meeting held March 8, 2017. FISCAL IMPACT None. PREPARED BY: Jennifer Farris CERTIFIED AS TO AVAILABILITY OF FUNDS: N/A APPROVED AS TO FORM AND LEGAL CONTENT: N/A FINAL APPROVAL: Michael Burrows BACKGROUND INFORMATION None. Attachments: 1. March 8, 2017 meeting minutes. 093 INLAND VALLEY DEVELOPMENT AGENCY REGULAR MEETING BOARD ACTIONS WEDNESDAY, MARCH 08, 2017 3:00 P.M. (Closed Session, immediately followed by Open Session) MAIN AUDITORIUM – Norton Regional Event Center – 1601 East Third Street, San Bernardino, CA A regional joint powers authority dedicated to the reuse of Norton Air Force Base for the economic benefit of the East Valley Board Members City of Colton Mayor Richard A. DeLaRosa Absent Councilmember Summer Zamora Jorrin Present Councilmember Jack R. Woods (alt) Present City of Loma Linda Councilmember Ovidiu Popescu, Co-Chair Present Mayor pro tempore Phill Dupper Present Mayor Rhodes Rigsby (alt) Absent County of San Bernardino Supervisor Josie Gonzales, Co-Chair Absent Supervisor James C. Ramos Present Supervisor Janice Rutherford (alt) Absent City of San Bernardino Mayor R. Carey Davis, Vice-Chair Present Councilmember Fred Shorett Present Councilmember Virginia Marquez Present Councilmember James L. Mulvihill Present (in Audience) Staff Members and Others Present Michael Burrows, Executive Director Michael Lewin, Legal Counsel, Mirau, Edwards, Cannon, Lewin, & Tooke, LLP William Garay, Director of Finance Jennifer Farris, Clerk of the Board Catherine Pritchett, Jim Harris, Manager of Capital Projects Director of Administrative Services 094 Regular Meeting Board Actions IVDA March 8, 2017 The Regular Meeting of the Inland Valley Development Agency Board was called to order by Co-Chair Ovidiu Popescu at approximately 3:04 p.m. on Wednesday, March 8, 2017 in the Main Auditorium of the Norton Regional Event Center, 1601 East Third Street, San Bernardino, California. A. CALL TO ORDER / ROLL CALL Roll call was duly noted and recorded. Members of the Board and the public joined Councilmember Virginia Marquez in the Pledge of Allegiance. B. CLOSED SESSION PUBLIC COMMENT There was no closed session public comment. C. CLOSED SESSION Co-Chair Ovidiu Popescu recessed to closed session at 3:43 p.m. Mr. Michael Lewin, Legal Counsel, Mirau, Edwards, Cannon, Lewin, & Tooke, LLP, read the closed session items as posted on the Agenda. a. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) – Inland Valley Development Agency, the Successor Agency to the Inland Valley Development Agency, a joint powers authority/federal base reuse authority; San Bernardino International Airport Authority, a joint powers authority, v. Michael Cohen, in his official capacity as the Director of the State of California Department of Finance; DOES 1 through 50, inclusive. b. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) – Inland Valley Development Agency, a joint powers agency, v. San Bernardino Valley Municipal Water District; Oscar Valdez, in his capacity as the County of San Bernardino Auditor – Controller/Treasurer/Tax Collector; and DOES 1-50, inclusive c. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) – Inland Valley Development Agency, a joint powers authority/federal base reuse authority, and Inland Valley Development Agency as a Successor Agency, v. Oscar Valdez, in his official capacity as the County of San Bernardino Auditor – Controller/Treasurer/Tax Collector; Michael Cohen, in his official capacity as the Director of State of California Department of Finance; and DOES 1 through 50, inclusive D. REPORT ON CLOSED SESSION Co-Chair Ovidiu Popescu reconvened the meeting at approximately 3:56 p.m. Co-Chair Popescu asked Mr. Michael Lewin, Legal Counsel, Mirau, Edwards, Cannon, Lewin, & Tooke, LLP, if there were any closed session reportable items. Mr. Lewin stated there were no reportable items. Page -2- 095 Regular Meeting Board Actions IVDA March 8, 2017 E. ITEMS TO BE ADDED OR DELETED There were no items to be added or deleted. F. CONFLICT OF INTEREST DISCLOSURE 1. Co-Chair Ovidiu Popescu stated Board members should note the item(s) listed which might require member abstentions. Supervisor James C. Ramos noted a conflict on Agenda Item Nos. 7 and 10. Councilmember Fred Shorett noted a conflict on Agenda Item No. 7. G. INFORMATIONAL ITEMS Mr. Michael Burrows, Executive Director, presented the following informational items. 2. Informational Items [PRESENTER: Michael Burrows] a. Executive Director’s Report [PAGE#: 041] b. Report on Westgate Development Project (Buildings 2 and 3) [PAGE#: 042] 2a. Mr. Michael Burrows, Executive Director, notified the Board of the successful acquisition of Cal Recycle Grant in partnership with the City of Highland. Mr. Burrows congratulated Myriam Beltran, Project Manager on her hard work and noted that this item will allow asphalt material costs to be offset. H. BOARD CONSENT ITEMS Members of the Board took action to pull Agenda Item No. 7 from Board Consent Items and move it to Board Action Items. RESULT: ADOPTED [UNANIMOUSLY] MOTION/SECOND: Shorett / Dupper AYES: Davis, Dupper, Jorrin, Marquez, Popescu, Ramos, Shorett, and Woods. NAYS: None. ABSTENTIONS: None. ABSENT: None. Board Members next voted on the remaining consent items. 3. Receive Register of Demands – March 8, 2017 4. Receive and file Cash Report for January 30, 2017 for the Inland Valley Development Agency (IVDA) 5. Authorize Advertisement of a Request for Proposal (RFP) from qualified firms to provide Auditing Services for Inland Valley Development Agency (IVDA) Page -3- 096 Regular Meeting Board Actions IVDA March 8, 2017 6. Approve Amendment No. 3 for on-call engineering services with Ludwig Engineering with an additional $20,000 for a total amount not to exceed $44,900.00 8. Approve Meeting Minutes: February 8, 2017 ACTION: Approve Agenda Items 3-6, and 8 of the Consent Calendar. RESULT: ADOPTED [UNANIMOUSLY] MOTION/SECOND: Ramos / Marquez AYES: Davis, Dupper, Jorrin, Marquez, Popescu, Ramos, Shorett, and Woods. NAYS: None. ABSTENTIONS: None. ABSENT: None. I. BOARD ACTION ITEMS Supervisor James Ramos and Councilmember Fred Shorett left the meeting and were not present during the discussion of Agenda Item No. 7. Mr. Michael Burrows, Executive Director, acknowledged a revised staff report for Agenda Item No. 7 which contained a revised recommended action. 7. Consider a report on the status of the Mt. View Avenue Phase IV project Mr. Michael Burrows referenced an overhead presentation entitled, “Mt. View Phase II, III and IV Aerial Exhibit,” (also included on pages 083 of the Agenda Packet) and informed the Board that both the City of Loma Linda and the California Department of Transportation will be assisting in Phase IV of the project. Mr. Burrows briefly mentioned that the project will take approximately 10 to 18 months to complete. Co-Chair Ovidiu Popescu, asked if the City of Loma Linda will be taking on both the North and South sides of the Phase IV project. Mr. Burrows referenced an overhead entitled, “Mt. View Avenue Exhibit Operational Improvements” (not included in the agenda packet), and informed the Board that Cal Trans will be providing funding and permits to make these improvements, while Loma Linda would procure a design engineer, develop plan specifications, accept bids, and award the contract. Councilmember Virginia Marquez voiced her strong support for the project and highlighted the importance of mitigating disruption during the project’s timeframe. ACTION: Consider a report on the status of the Mt. View Phase IV Project; approve the form of a Cooperative Agreement with the City of Loma Linda; and authorize the Executive Director to execute all related documents. RESULT: ADOPTED MOTION/SECOND: Woods / Dupper AYES: Davis, Dupper, Jorrin, Marquez, Popescu, and Woods. NAYS: None. ABSTENTIONS: None. ABSENT: Ramos, Shorrett. Page -4- 097 Regular Meeting Board Actions IVDA March 8, 2017 9. Consider and discuss a report on the Board policy Mr. Michael Lewin, Legal Counsel, provided a brief report on Agenda Item No. 9. Mr. Lewin informed the Board that he has researched other agency policy regarding allowing alternate members into closed session. Mr. Lewin concluded that these agencies allow alternate members into closed session only in the absence of the regular member. Councilmember Summer Jorrin asked Mr. Michael Burrows, Executive Director, if this was discussed during the last meeting. Mr. Burrows informed Councilmember Jorrin that it was discussed during the San Bernardino International Airport Authority (SBIAA) Commission Meeting. Councilmember Jorrin supported the decision to look into changing the IVDA Board policy. Supervisor James Ramos commented that the change to the Board policy would help create a better dialog during closed session and allow members to make informed decisions. Vice Chair, R. Carey Davis, inquired if this change to the policy would be in violation of the Brown Act. Mr. Lewin stated that the Brown Act does not provide specific language for alternate members attending closed session, only regular members, and can potentially be in violation because there has not been a precedent set on this specific issue. Mr. Burrows informed Vice Chair Davis that the IVDA Board policy is also silent on allowing alternate members into closed session if the primary member is in attendance. Mr. Lewin advised the Board that an alternate member may be briefed, after-the-fact, on anything discussed during closed session. Co-Chair Ovidiu Popescu directed legal counsel to bring back the policy with changes to allow Alternate Members into Closed Session. This item was for discussion purposes only, no formal action was taken. ACTION: Consider and Discuss a Report on the Inland Valley Development Agency Board Policy. 10. Consider and discuss the status of the Mt. View Avenue Phase III project Let the record reflect that Supervisor James Ramos stepped out of the room and was not present for the discussion of Agenda Item No. 10. Mr. Michael Burrows, Executive Director, referenced an overhead presentation entitled, “Mt. View Phase II, III and IV Aerial Exhibit,” (also included on pages 083 of the Agenda Packet) and provided a brief update on Agenda Item No. 10. Co-Chair Ovidiu Popescu called public speaker Justin Fornelli, Chief of Transit & Rail Programs, San Bernardino County Transportation Authority (SBCTA), to the podium. Mr. Fornelli, expressed his gratitude and support for this project. Councilmember Virginia Marquez inquired about the Redlands Railway Project SBCTA has been working on and its expected ridership. Mr. Fornelli explained the project goal is to extend Metrolink and take passengers from downtown San Bernardino to Redlands, and mentioned the project is being funded 100% by ESRI. He mentioned they are expecting to serve three thousand riders a day and hope to eventually extend the project to Ontario International Airport. Page -5- 098 Regular Meeting Board Actions IVDA March 8, 2017 ACTION: Consider and Discuss the Status of the Mt. View Avenue Phase III Project; and Authorize Certain Funding to Complete the Phase III Project RESULT: ADOPTED MOTION/SECOND: Dupper / Jorrin AYES: Davis, Dupper, Jorrin, Marquez, Popescu, Shorett, and Woods. NAYS: None. ABSTENTIONS: None. ABSENT: Ramos. 11. Review status of the Action Plan for the Inland Valley Development Agency (IVDA) through June 30, 2017 Mr. Michael Burrows, Executive Director, referenced an overhead map entitled “June 30, 2017 – Proposed IVDA Action Plan,” (also included on page 086 – 088 of the Agenda Packet) and provided a brief presentation on Agenda Item No. 11 updating the Board on future Westgate developments. Mr. Burrows also advised that at the next meeting there will be updates on the Specific Plan for the 3rd and 6th St. corridor project. This item was for discussion purposes only, no formal action was taken. ACTION: Review the Action Plan for the Inland Valley Development Agency through June 30, 2017. J. ADDED AND DEFERRED ITEMS There were no added or deferred items. K. OPEN SESSION PUBLIC COMMENT There were no open session public comments. L. BOARD MEMBER COMMENT There was no Board Member comment. Page -6- 099 Regular Meeting Board Actions IVDA March 8, 2017 M. ADJOURNMENT There being no further business before the Board at this session, Co-Chair Ovidiu Popescu declared the meeting adjourned at 3:57 p.m. Approved at a Regular Meeting of the Inland Valley Development Agency Board on Thursday, April 13, 2017 Jennifer Farris Clerk of the Board Page -7- 100 10 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 10 PRESENTER: William Garay, Director of Finance SUBJECT: CONSIDER AND ADOPT PROPOSED BUDGET ADJUSTMENTS FOR FISCAL YEAR 2016-2017 SUMMARY The proposed adjustments modify the adopted IVDA JPA Budget to reflect improved estimates and changes in conditions in the accounts reflected in the Proposed Budget Adjustments Table. RECOMMENDED ACTION(S) Consider and adopt budget adjustments reflected in the Proposed Budget Adjustments Table for Fiscal Year 2016-2017. FISCAL IMPACT The Fiscal Year 2016-2017 impact based on the proposed budget adjustments for the Capital Projects Fund. This increase is offset by budget reductions in other projects. The net effect of these proposed budget adjustments is zero. PREPARED BY: William Garay CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: Michael Burrows 101 10 BACKGROUND INFORMATION On June 8, 2016, the Inland Valley Development Agency (IVDA) Board adopted the IVDA Successor Agency and IVDA Joint Powers Authority (JPA) Budgets for Fiscal Year 2016/17. The Successor Agency budget covers those items on the ROPS. The JPA budget covers those items which are carried out by the IVDA pursuant to its on-going status as a California joint powers authority and federal base re-use entity with specific obligations for capital projects pursuant to Public Law 100-526 (BRAC), applicable federal statutes, agreements and deeds for the transfer of Norton AFB and the provisions of the IVDA JPA Agreement, as amended. These proposed budget adjustments only affect the IVDA JPA Budget. Staff has identified accounts in the Capital Projects Fund which require modification. They are described below: PROPOSED BUDGET ADJUSTMENTS TABLE Proposed Adjusted Budget Adjustments Budget Expense Adjustments A Tenant Improvements-Bldg 58 $ 275,000 $ 63,000 $ 338,000 Parcel E-1 Land Exchange $ 25,000 $ (3,000) $ 22,000 Water Tower Parcel-Engineering $ 50,000 $ (30,000) $ 20,000 Parcel J-1 $ 50,000 $ (30,000) $ 20,000 3rd & 5th $ 3,416,496 $ (1,020,337) $ 2,396,159 B Mt. View $ 9,725,922 $ 1,020,337 $ 10,746,259 Net Increase in Expense -$ Net Increase of Adjustments-Revenue Over Expenses -$ A Tenant Improvements budget increase requested is due to additional funding needed for tenant improvements for Bldg 58 expansion. B Transfer of funds from 3rd and 5th to Mt. View to cover additional costs for Mission Creek bridge imporvements (Phase III) Staff recommends the Board approve the recommended action as set forth above. Attachments: 1. None 102 11 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 11 PRESENTER: Jim Harris, Manager of Capital Projects SUBJECT: APPROVE AMENDMENT NO. 3 WITH CORDOBA CORPORATION FOR THE PREPARATION OF CONSTRUCTION DOCUMENTATION RELATED TO THE IMPROVEMENTS TO THE INTERSECTION AT 3RD STREET AND STERLING AVENUE SUMMARY Cordoba Corporation has an existing Professional Services Agreement that includes the design of roadway improvements on 3rd and 5th streets in the Cities of Highland and San Bernardino. This additional work separates the engineering construction documents to the intersection and now will include the clovering of the City Creek Bypass Channel between the new intersection and where it currently goes under 3rd Street. Extending the contract completion date to March 30, 2018 provides time to update the design, provide construction bidding documents with associated construction support services and close out assistance. RECOMMENDED ACTION(S) Approve Amendement Number 3 with Corodoba Corporation for the preparation of Construction Documentation related to the Improvements to the intersection at 3rd Street and Sterling Avenue; and extend the existing Professional Services Agreement completion date to March 30, 2018. FISCAL IMPACT Funding for this project is included in the 2016-17 approved Budget, line item 50253. PREPARED BY: Jim Harris CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: Michael Burrows 103 11 BACKGROUND INFORMATION As a portion of the area wide improvements to the 3rd and 5th Street corridor, Cordoba Corporation was chosen to provide professional engineering services that includes detailed engineering, preparation of bid documents and construction support services. The original Board approval occurred on September 24, 2008 with a total compensation of $1,197,893.00. The design work for the area was completed several years ago, but with changes in available funding, only portions of the planned improvements have been completed. Recently completed work included the upgrade to infrastructure and roadway at the intersection of 3rd Street and Victoria Avenue. This proposed project directs Cordoba Corporation to review and update the existing plans with some additional work items. The work includes upgrades to the intersection providing for the ultimate master planned width, a roadway bridge extension over the City Creek Channel, modifications to the City Creek Channel itself and providing additional turning areas allowing better truck access to the airport on Perimeter Road. The design work is anticipated to take approximately three months to complete with a construction period of six months upon receipt of regulatory permits. The project is subject to 100% reimbursement through the San Bernardino County Transportation Authority under a 2006 Inland Empire Goods Movement Gateway project. The professional services being provided by Cordoba Corporation is budgeted to be: Update to current plans for bidding: $146,244.00 New design to enclose City Creek: $ 78,996.00 Total additional compensation: $225,240.00 Cordoba’s rates and charges have been reviewed by Staff and are commensurate with local industry standards for this type of work. Staff recommends approval of the above actions. Attachments: 1. Scope of Work/Fee Schedule 2. Area Map 104 105 106 107 108 109 110 111 112 113 114 115 116 12 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 12 PRESENTER: Jim Harris, Manger of Capital Projects SUBJECT: APPROVE CHANGE ORDER NO. 2 TO THE CONTRACT WITH GRIFFITH COMPANY FOR AN ADDITIONAL AMOUNT OF $3,360,996.09; FOR A TOTAL AMOUNT NOT TO EXCEED $10,746,258.59 FOR THE MT. VIEW AVENUE WIDENING AND RECONSTRUCTION PROJECT PHASE III SUMMARY Approval of this item allows staff to begin construction of the Mt. View Avenue Widening and Reconstruction Project Phase III. The reconstruction includes improvements to the roadway, intersections, lighting, curb gutter and sidewalks, stormwater collection and ADA access at intersections. The total construction costs quoted above is a not to exceed amount. The Contractor is responsible for any and all additional costs. RECOMMENDED ACTION(S) Approve Change Order No. 2 to the Contract with Griffith Company for an additional amount of $3,360,996.09 for a total amount not to exceed $10,746,258.59 related to the Mt. View Avenue Widening and Reconstruction Project Phase III; and Authorize the Executive Director to execute all related documents. FISCAL IMPACT The current 2016-2017 Capital Improvements Projects Fund includes budget item 50251 in the amount of $9,725,922.00 for this work. With the pending budget adjustment also under consideration at this meeting, the revised budget will be $10,746,259. PREPARED BY: Jim Harris CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: Michael Burrows 117 12 BACKGROUND INFORMATION On December 12, 2012, the Inland Valley Development Agency (IVDA) awarded a construction contract to Griffith Company (GC) to construct improvements to the Mountain View Avenue from the Santa Ana River Bridge to Interstate 10. This work is being completed using a construction management at risk project delivery method that guaranteed the quoted price of $7,385,262.50 would not be exceeded. The original design anticipated the rebuilding of the Mission Creek overpass, however, requirements of additional work requested by the San Bernardino County Flood exceeded the available funding. After additional negotiation with County Flood, the agencies reached an agreement on the modified scope and agreed that the easements required to construct the project would be offset. This requested Change Order No. 2, now includes the replacement of the Mission Creek Bridge with a four lanes of traffic travel and the relocation of the existing street utilities. The project also supports the future installation of rail tracks related to the Arrow Light Rail project being implemented by the San Bernardino County Transportation Authority (SBCTA). To support the rail requirements, additional structural upgrades to the bridge structure design is included. The project will impact the existing Mountain View roadway and requires the complete closure for approximately six months. Staff notified the local businesses affected by the closures. The businesses will not be severely impacted by the closed road. The bridge replacement extends north and south of Mission Creek for 300 feet. The construction period is anticipated to finish in March of 2018. Change Order No. 2 addresses: 1. The construction of the vehicle bridge crossing Mission Creek, which accommodates the Arrow, Light Rail Project. Summary of costs include: Original cost estimate: $7,385,262.50 Change Order No. 2: $3,360,996.09 Not to exceed amount: $10,746,258.59 Staff recommends the approval of the above recommended actions. Attachments: 1. Project Map 118 INLAND VALLEY DEVELOPMENT AGENCY MT. VIEW PHASE II, III and IV AERIAL EXHIBIT Phase II Phase III Phase IV 119 13 TO: Inland Valley Development Agency Board DATE: April 13, 2017 ITEM NO: 13 PRESENTER: Michael Burrows, Executive Director SUBJECT: REVIEW STATUS OF THE ACTION PLAN FOR THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) THROUGH JUNE 30, 2017 SUMMARY On December 9, 2015, the IVDA Board adopted a Strategic Plan, which identified key dates and deliverables in an effort to focus Inland Valley Development Agency Staff and resources to increase organizational and operational efficiencies and results. Thereafter, the IVDA Board adopted its Annual Budget for Fiscal Year 2016/17. Regular updates will be provided. RECOMMENDED ACTION(S) Review the Action Plan for the Inland Valley Development Agency through June 30, 2017. FISCAL IMPACT None. The proposed plan identifies staff resources for which funding is included in the General Fund of the adopted Inland Valley Development Agency (IVDA) Budget for Fiscal Year 2016/17. PREPARED BY: Michael Burrows CERTIFIED AS TO AVAILABILITY OF FUNDS: William Garay APPROVED AS TO FORM AND LEGAL CONTENT: Michael Lewin FINAL APPROVAL: IVDA Board 120 13 BACKGROUND INFORMATION The Action Plan identifies key dates and deliverables in an effort to focus Inland Valley Development Agency Staff and Resources to increase organizational and operational efficiencies. This status is offered for consideration and review. Updates and adjustments should be made, as appropriate, at each monthly interval. For review and discussion. Attachments: 1. IVDA Action Plan 121 June 30, 2017 – Proposed IVDA Action Plan1 JPA Obligations Airport Operations Annual ROPS Alliance-California Obligations Westgate Development Northgate Development Economic & Community Development Programs 3rd & 5th Street Corridor Multi-Jurisdictional Specific Plan Mt. View Phase II & IV Grant Programs & Initiatives 122 11 Inland Valley Development Agency 2 Action Plan for IVDA (06/30/17) Month Key Initiative Key Resources Completion Date IVDA Board & Committee, Mid-Year Budget Adjustments; January, 2017 E.D., General Counsel, January 31, 2017 File Annual ROPS Director of Finance, Staff IVDA Board & Committee, JPA Property & Revenue February, 2017 E.D., Director of Finance, February 28, 2017 Assessment Staff IVDA Board & Committee, Prepare Quarterly Financials; March, 2017 E.D., Director of Finance, March 31, 2017 Westgate Development - Phase II Staff IVDA Board & Committee, Multi-Jurisdictional Specific Plan Project Manager; Director of April, 2017 Review; Economic Development April 30, 2017 Finance, Clerk of Board, Initiatives Staff Draft Annual Budget Preparation IVDA Board & Committee, May, 2017 and Review; Central Avenue E.D., Director of Finance, May 31, 2017 Development; Grant Initiatives Staff IVDA Board & Committee, Evaluation of Action Plan; Adopt June, 2017 E.D., Director of Finance, June 30,2017 Annual Budget Staff 123 - Critical Path for Board Buy-In & Implementation; Aggressive Timeline may Impact Capital Plans 2 IVDA Action Plan – Implementation Annual ROPS (IVDA Oversight Board) Grant Program Report & Initiatives JPA and Interagency Revenues and Resources Alliance-California Obligations Westgate Development Northgate Development April, 2017 Economic & Community Development Initiatives 3rd & 5th Street Corridor Sub-Initiative Status: Multi-Jurisdictional Specific Plan Mt. View Phase II & IV Annual Strategic Plan Incomplete In Process Completed Evaluation & Update 124 33