Agenda packet — Mayor and City Council, June 15, 2022 (part 4 of 8)

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Rolland Kornblau, Director of IT
Subject: Request Purchase Authorization for Network Refresh (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of equipment with Sehi Computer Products, Inc. and Vector Resources, Inc. using respective contracts of NASPO and CMAS; and authorize the Director of Finance to issue a purchase order to Sehi Computer Products, Inc in an amount not to exceed $180,000 and to Vector Resources, Inc. in an amount not to exceed $273,000.

Background
The City of San Bernardino has a network infrastructure that needs upgrades. IT has requested and has been approved for funds for this purpose. An Internet speed upgrade was approved from Spectrum on March 2, 2022. Newer equipment is needed to best utilize this speed and transfer it to the network.

Discussion
IT is proposing to upgrade the Firewall, Core Switch and Wireless access points at City Hall buildings as well as the Police Department. Having both locations with the same new equipment will allow network redundancy in the future as well as unify the equipment for parts and service ability. The request went to three vendors to quote the hardware. Sehi and VectorUSA submitted quotes with the best price point out of three vendors using NASPO (National Association of State Procurement Officials) and CMAS (California Multiple Award Schedules) contracts.
2021-2025 Key Strategic Targets and Goals
The purchase of advanced technology aligns with Key Target No. 1: Improved Operational & Financial Capacity. The services and agreements help to support the creation and management of an assetmanagement plan. The replacement of obsolete technology allows for a lower cost, more robust infrastructure which supports the asset management plan.

Fiscal Impact
The financial impact to the City is $453,000. There is sufficient funding in the Fiscal 23 Packet Pg. 705
8899

Page 2 ends

Year 2021/22 Adopted Mid-Year Budget to cover this cost.

Actual invoices for Sehi total $175,704.57 and Vector Resources, Inc. of $272,588.90; however, the not to exceed amounts outlined will allow for fluctuation in case of supply chain or shipping cost changes.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of equipment with Sehi Computer Products, Inc. and Vector Resources, Inc. using respective contracts of NASPO and CMAS; and authorize the Director of Finance to issue a purchase order to Sehi Computer Products, Inc in an amount not to exceed $180,000 and to Vector Resources, Inc. in an amount not to exceed $273,000.

Attachments
Attachment 1 San Bernardino - Goods Purchase Agreement - Sehi Attachment 2 Exhibit A - Specifications and Fee Schedule - Sehi - c1 Attachment 3 San Bernardino - Goods Purchase Agreement - VectorUSA Attachment 4 Exhibit A - Specifications and Fees - VectorUSA-c1 Ward: All
Synopsis of Previous Council Actions:

March 2, 2022 Mayor and City Council adopted Resolution No. 2022-44, authorizing an agreement with Spectrum.

March 2, 2022 Mayor and City Council adopted Resolution No. 2022-54, amending the 2021/22 General Fund Operating budget.
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1 CITY OF SAN BERNARDINO

GOODSPURCHASEAGREEMENT
. This Goods Purchase Agreement ("Agreement'') is entered into this 15th day of June, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California ("City"), and Sehi Computer Products, Inc., a Michigan Corporation with its principal place of business at 1275 Puerta Del Sol, San Clemente, CA 92673 ("Supplier"). City and Supplier are,sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. · Section 1. DEFINITIONS.

A. "Goods" means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit "A," attached hereto and incorporated herein by reference.

Section 2; MATERIALS AND WORKMANSHIP.

When Exhibit ''A" specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City's written approval.

Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit "A" as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City's request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit "A," then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City's right to reject nonconforming goods, irrespective of City's failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. ·

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Packet Pg. 707 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 2 Section 4. WARRANTY.

A. Supplier warrants that the Goods Will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer's warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B, Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit "A" and shall be fit for the purpose intended. City’s inspection; testing, approval, or acceptance bf any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier's own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City's plant, office or other location of City where the Goods was originally performed or delivered; or
3, Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.

D. Supplier also w1;1rrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

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Packet Pg. 708 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh Section 5. PRICES.

A. In compliance with San Bernardino Municipal Code section 3.04.010(8)(1), the purchase of the Goods by City shall utilize the procurement procedures used by the State of California in Participating Addendum No. 7-20-70-47-04 ("Participating Addendum"). Under the Participating Addendum, Supplier is an authorized reseller.

B. Unless expressly provided otherwise, all prices and fees specified in Exhibit "A," attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. The total not-to-exceed compensation of this Agreement shall not exceed One Hundred Eighty Thousand Dollars ($180,000). No extra charges of any kind will be allowed unless specifically agreed to in writing by City's authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City's requirements and specifications.

If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit "A." Supplier's progress billing invoice will include progress payments due for the original scope of work and changes. Each "Item for Payment" shown in Exhibit "A" and each change order will be itemized on the invoice.

Invoices for cost plus work, whether part of Exhibit "A" or a change order, must have subcontractor and/or supplier invoices attached to Supplier's invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its 3 23.a
Packet Pg. 709 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations u nder the Agreement, or to protect City against any liability arising out of Supplier's failure to pay or discharge taxes or other obligations. If the causes for which payment is Withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier's expense.

D. Final payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements as defined in Exhibit "A" and in the amount associated with the item;

2. Written acceptance of the Goods by City;

3.. Delivery of all drawings and specifications; if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5, Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. . Acceptance by Supplier of payment will constitute a waiver, release and discharge of any and all claims and d13mands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier's performance is of the essence for this Agreement.

The Goods will be delivered within a reasonable time after the execution of this Agreement. Supplier shall provide to City an estimated delivery window in which the Goods will be delivered. Supplier must immediately notify City in writing if delivery may not be completed within the delivery window. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the
:efficient completion of such project(s).
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Packet Pg. 710 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 5 Section 9. TAXES.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City's written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier's insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF Loss.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials

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Packet Pg. 711 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 6 delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier's property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION.

A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts; omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier's defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier's own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimbl,1rse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage; at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

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Packet Pg. 712 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 7 . . 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000 000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
. 3. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

B. Additional Insured; Primary: Waiver of Subrogation: No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier's policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best's rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and

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8. approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier -shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A Supplier, subcontractors and suppliers will not make, file or maintain a mechanic's or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims''); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier's right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further pay merits until the Goods are delivered. If City's cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier's right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without

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Packet Pg. 714 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 9 prejudice to any . claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. ·
C. Oh receipt of notice under Section 16.8, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transition the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. ·

8. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

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Packet Pg. 715 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 10 C. _ In t e event of any such excused interference with shipments, City shall have t he option either to reduce the quantity provided for in the order accordingly or to exercise ,its right of cancellation as set forth in this Agreement Section 18. MISCELLANEOUS PROVISIONS.

A Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
SUPPLIER:

Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Bernardino, CA 92401 San Clemente, CA 92673
Attn: Rolland Kornblau, Director of Attn:

Information Technology
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. · B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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Packet Pg. 716 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 11 . D. Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys' fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

K. Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City's Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

0. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

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Packet Pg. 717 Attachment: Attachment 1 - San Bernardino - Goods Purchase Agreement - Sehi (8899 : Request Purchase Authorization for Network Refresh 12 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND SEHi COMPUTER PRODUCTS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
SEHi COMPUTER PRODUCTS, INC.
s
Title

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Master No.

Quote
290 North "D" Street
Rolland Kornblau / For City Hall
San Bernardino CA 92401
1 Q00132303
5/13/2022
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
FOR CITY HALL BEST 397,603
Sehi Computer Products, Inc.
2930 Bond Street
Rochester Hills, MI 48309
1-800-233-7344
rebeccar
City of San Bernardino
290 North "D" Street
Rolland Kornblau / For City Hall
San Bernardino CA 92401
1275 Puerta Del Sol
San Clemente, CA 92673
800-346-6315
1 HL8N9E HPE Aruba 3Y FC 24x7 HW Aruba 6405 Switch SVC Each $5,990.00 $5,990.00 5 J4858D HPE Aruba 1G SFP LC SX 500m MMF Transceiver Each $104.00 $520.00 2 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $256.00 $512.00 2 J9151E HPE Aruba 10G SFP+ LC/LR (10km) SMF Transceiver Each $911.00 $1,822.00 1 R0X26A HPE Aruba 6405 Switch Bundle (+ Chassis) - Managed / Rack-Mou Each $4,451.00 $4,451.00 1 R0X31A HPE Aruba 6400 Management Module Each $2,967.00 $2,967.00 4 R0X35A#ABA HPE Aruba 6400 Power Adapter (1800W - AC/DC) - w/C16 Inlet Ad Each $824.00 $3,296.00 3 R0X41A HPE Aruba 6400 Expansion Module - 5GBase-T x 48 + 50 Gigabit Each $4,286.00 $12,858.00 1 R8L81AAE HPE Aruba Central 64/54xx F 3y E-STU Each $1,075.00 $1,075.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 Pricing on this quote is only good thru 6/1.

For City Hall
STATE OF CA WSCA-NASPO DataComm Contract AR3228
$33,491.00
$0.00
$2,312.30
$0.00
$0.00
PA 7-20-70-47-04. Please make PO to Sehi Computer
1275 Address above. Thanks for choosing Sehi.

Product, Inc, HP Fulfillment Subcontractor at the
Subtotal
Misc
Tax
Freight
Trade Discount
Total $35,803.30

23.b
Packet Pg. 719 Attachment: Attachment 2 - Exhibit A - Specifications and Fee Schedule - Sehi - c1 (8899 : Request Purchase Authorization for Network Refresh SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For Police Department
San Bernardino CA 92401
1 Q00132305
5/13/2022
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
FOR POLICE DEPT BEST 397,608
Sehi Computer Products, Inc.
2930 Bond Street
Rochester Hills, MI 48309
1-800-233-7344
rebeccar
City of San Bernardino
290 North "D" Street
Rolland Kornblau / For Police Department
San Bernardino CA 92401
1275 Puerta Del Sol
San Clemente, CA 92673
800-346-6315
1 HL8N9E HPE Aruba 3Y FC 24x7 HW Aruba 6405 Switch SVC Each $5,990.00 $5,990.00 6 J4858D HPE Aruba 1G SFP LC SX 500m MMF Transceiver Each $104.00 $624.00 4 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $256.00 $1,024.00 2 J9151E HPE Aruba 10G SFP+ LC/LR (10km) SMF Transceiver Each $911.00 $1,822.00 1 R0X26A HPE Aruba 6405 Switch Bundle (+ Chassis) - Managed / Rack-Mou Each $4,451.00 $4,451.00 1 R0X31A HPE Aruba 6400 Management Module Each $2,967.00 $2,967.00 4 R0X35A#ABA HPE Aruba 6400 Power Adapter (1800W - AC/DC) - w/C16 Inlet Ad Each $824.00 $3,296.00 3 R0X41A HPE Aruba 6400 Expansion Module - 5GBase-T x 48 + 50 Gigabit Each $4,286.00 $12,858.00 1 R8L81AAE HPE Aruba Central 64/54xx F 3y E-STU Each $1,075.00 $1,075.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 Pricing on this quote is only good thru 6/1.

For Police Department
STATE OF CA WSCA-NASPO DataComm Contract AR3228
$34,107.00
$0.00
$2,366.20
$0.00
$0.00
PA 7-20-70-47-04. Please make PO to Sehi Computer
1275 Address above. Thanks for choosing Sehi.

Product, Inc, HP Fulfillment Subcontractor at the
Subtotal
Misc
Tax
Freight
Trade Discount
Total $36,473.20

23.b
Packet Pg. 720 Attachment: Attachment 2 - Exhibit A - Specifications and Fee Schedule - Sehi - c1 (8899 : Request Purchase Authorization for Network Refresh SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For Spare
San Bernardino CA 92401
1 Q00132306
5/13/2022
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
FOR SPARE BEST 397,610
Sehi Computer Products, Inc.
2930 Bond Street
Rochester Hills, MI 48309
1-800-233-7344
rebeccar
City of San Bernardino
290 North "D" Street
Rolland Kornblau / For Spare
San Bernardino CA 92401
1275 Puerta Del Sol
San Clemente, CA 92673
800-346-6315
1 HL8N9E HPE Aruba 3Y FC 24x7 HW Aruba 6405 Switch SVC Each $5,990.00 $5,990.00 2 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $256.00 $512.00 2 J9151E HPE Aruba 10G SFP+ LC/LR (10km) SMF Transceiver Each $911.00 $1,822.00 1 R0X26A HPE Aruba 6405 Switch Bundle (+ Chassis) - Managed / Rack-Mou Each $4,451.00 $4,451.00 1 R0X31A HPE Aruba 6400 Management Module Each $2,967.00 $2,967.00 4 R0X35A#ABA HPE Aruba 6400 Power Adapter (1800W - AC/DC) - w/C16 Inlet Ad Each $824.00 $3,296.00 1 R0X41A HPE Aruba 6400 Expansion Module - 5GBase-T x 48 + 50 Gigabit Each $4,286.00 $4,286.00 1 R8L81AAE HPE Aruba Central 64/54xx F 3y E-STU Each $1,075.00 $1,075.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 Pricing on this quote is only good thru 6/1.

For Spare
STATE OF CA WSCA-NASPO DataComm Contract AR3228
$24,399.00
$0.00
$1,516.75
$0.00
$0.00
PA 7-20-70-47-04. Please make PO to Sehi Computer
1275 Address above. Thanks for choosing Sehi.

Product, Inc, HP Fulfillment Subcontractor at the
Subtotal
Misc
Tax
Freight
Trade Discount
Total $25,915.75

23.b
Packet Pg. 721 Attachment: Attachment 2 - Exhibit A - Specifications and Fee Schedule - Sehi - c1 (8899 : Request Purchase Authorization for Network Refresh SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For 201B
San Bernardino CA 92401
1 Q00132307
5/13/2022
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
FOR 201B BEST 397,614
Sehi Computer Products, Inc.
2930 Bond Street
Rochester Hills, MI 48309
1-800-233-7344
rebeccar
City of San Bernardino
290 North "D" Street
Rolland Kornblau / For 201B
San Bernardino CA 92401
1275 Puerta Del Sol
San Clemente, CA 92673
800-346-6315
2 SEHI-NONTAXABLE HR4R2E HPE Aruba 3Y FC 4H OS HW 6300M 48 SR POE SVC [for Each $2,487.00 $4,974.00 JL6 1 J4858D HPE Aruba 1G SFP LC SX 500m MMF Transceiver Each $104.00 $104.00 7 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $256.00 $1,792.00 4 JL087A#ABA HPE Aruba X372 (54V DC) 1050 Watt Power Supply Each $398.00 $1,592.00 2 JL659A HPE Aruba 6300M 48SR5 CL6 PoE 4SFP56 Switch Each $5,110.00 $10,220.00 2 Q9Y79AAE HPE Aruba Central 63xx/38xx Switch Foundation 3y Sub E-STU Each $539.00 $1,078.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 Pricing on this quote is only good thru 6/1.

For 201B
STATE OF CA WSCA-NASPO DataComm Contract AR3228
$19,760.00
$0.00
$1,199.45
$0.00
$0.00
PA 7-20-70-47-04. Please make PO to Sehi Computer
1275 Address above. Thanks for choosing Sehi.

Product, Inc, HP Fulfillment Subcontractor at the
Subtotal
Misc
Tax
Freight
Trade Discount
Total $20,959.45

23.b
Packet Pg. 722 Attachment: Attachment 2 - Exhibit A - Specifications and Fee Schedule - Sehi - c1 (8899 : Request Purchase Authorization for Network Refresh SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For Vanir MDF
San Bernardino CA 92401
1 Q00132309
5/13/2022
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
FOR VANIR MDF BEST 397,616
Sehi Computer Products, Inc.
2930 Bond Street
Rochester Hills, MI 48309
1-800-233-7344
rebeccar
City of San Bernardino
290 North "D" Street
Rolland Kornblau / For Vanir MDF
San Bernardino CA 92401
1275 Puerta Del Sol
San Clemente, CA 92673
800-346-6315
2 SEHI-NONTAXABLE HR4R2E HPE Aruba 3Y FC 4H OS HW 6300M 48 SR POE SVC [for Each $2,487.00 $4,974.00 JL6 3 J4858D HPE Aruba 1G SFP LC SX 500m MMF Transceiver Each $104.00 $312.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $256.00 $256.00 4 JL087A#ABA HPE Aruba X372 (54V DC) 1050 Watt Power Supply Each $398.00 $1,592.00 2 JL659A HPE Aruba 6300M 48SR5 CL6 PoE 4SFP56 Switch Each $5,110.00 $10,220.00 2 Q9Y79AAE HPE Aruba Central 63xx/38xx Switch Foundation 3y Sub E-STU Each $539.00 $1,078.00 2 R0M47A HPE Aruba 50G SFP56 to SFP56 3m DAC Cable Each $168.00 $336.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 Pricing on this quote is only good thru 6/1.

For Vanir MDF
STATE OF CA WSCA-NASPO DataComm Contract AR3228
$18,768.00
$0.00
$1,112.65
$0.00
$0.00
PA 7-20-70-47-04. Please make PO to Sehi Computer
1275 Address above. Thanks for choosing Sehi.

Product, Inc, HP Fulfillment Subcontractor at the
Subtotal
Misc
Tax
Freight
Trade Discount
Total $19,880.65

23.b
Packet Pg. 723 Attachment: Attachment 2 - Exhibit A - Specifications and Fee Schedule - Sehi - c1 (8899 : Request Purchase Authorization for Network Refresh SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / Spare - the APs
San Bernardino CA 92401
1 Q00132756
5/13/2022
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
SPARE - THE APS BEST 398,719
Sehi Computer Products, Inc.
2930 Bond Street
Rochester Hills, MI 48309
1-800-233-7344
rebeccar
City of San Bernardino
290 North "D" Street
Rolland Kornblau / Spare - the APs
San Bernardino CA 92401
1275 Puerta Del Sol
San Clemente, CA 92673
800-346-6315
42 JZ357A HPE Aruba AP-555 802.11ax Wireless Access Point Each $681.00 $28,602.00 42 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU PL-N6 Each $129.00 $5,418.00 2 Q9G69A HPE Aruba (10pk) Mount Bracket (Type-B) f/Wireless AP - 510 S Each $64.00 $128.00 1 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $9.50 $9.50 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 Pricing on this quote is only good thru 6/15.

Spares - the APs
STATE OF CA WSCA-NASPO DataComm Contract AR3228
$34,157.50
$0.00
$2,514.72
$0.00
$0.00
PA 7-20-70-47-04. Please make PO to Sehi Computer
1275 Address above. Thanks for choosing Sehi.

Product, Inc, HP Fulfillment Subcontractor at the
Subtotal
Misc
Tax
Freight
Trade Discount
Total $36,672.22

23.b
Packet Pg. 724 Attachment: Attachment 2 - Exhibit A - Specifications and Fee Schedule - Sehi - c1 (8899 : Request Purchase Authorization for Network Refresh 1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 15 st day of
June, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and Vector Resources, Inc., a California Corporation d/b/a VectorUSA with its principal place of business at 8647 Ninth Street, Rancho Cucamonga, CA 91730 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.

Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.

Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

23.c
Packet Pg. 725 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 2 Section 4. WARRANTY.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

23.c
Packet Pg. 726 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 3 Section 5. PRICES.

A. In compliance with San Bernardino Municipal Code section 3.04.010(B)(1), the purchase of the Goods by City shall utilize the procurement procedures used by the State of California in California Multiple Award Schedule No. 3-15-70-0876AM (“CMAS Agreement”). The procurement procedures utilized shall apply solely to the purchase of FortiGate and FortiAnalyzer equipment as further described in Exhibit “A”.

B. Unless expressly provided otherwise, all prices and fees specified in Exhibit “A,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. The total not-to-exceed compensation of this Agreement shall not exceed Two Hundred Seventy Three Thousand Dollars ($273,000). No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.

Section 7. PAYMENTS.

B. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice.

Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable

23.c
Packet Pg. 727 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 4 filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.

D. Final payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements as defined in Exhibit “A” and in the amount associated with the item;

2. Written acceptance of the Goods by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Supplier’s performance is of the essence for this Agreement.

23.c
Packet Pg. 728 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 5 Section 9. TAXES.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials

23.c
Packet Pg. 729 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 6 delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION AND LIMITATION OF LIABILITY.

A. Indemnification

1. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

2. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

3. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

B. Limitation of Liability

1. The City agrees that Supplier will not be liable for any special, incidental, indirect, or consequential damages hereunder, including but not limited to the loss of profit, however caused, whether by the act or negligence of Supplier or otherwise.

It is recognized that the Goods may contain memories or other devices which have

23.c
Packet Pg. 730 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 7 accumulated substantial data. In no event shall Supplier be liable to the City if any such data is lost or rendered inaccurate, regardless of the cause of any such loss or inaccuracy.

Supplier’s liability on any claim of loss or liability, arising out of or connected with this Agreement (including, but not limited to, loss or liability arising from Supplier’s breach of contract of any alleged act or negligence of Vector) shall in no case exceed the total purchase price of services covered under this Agreement. Notwithstanding the foregoing sentence, this Section 13(B)(1) shall not apply to third party claims arising under Suppliers indemnification obligations arising under Section 13(A).

Section 14. INSURANCE.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver

23.c
Packet Pg. 731 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 8 of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS.

A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

23.c
Packet Pg. 732 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 9 Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods are delivered.

If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

23.c
Packet Pg. 733 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 10 Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 18. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rolland Kornblau, Director of
Information Technology
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
SUPPLIER:

Vector Resources, Inc. d/b/a VectorUSA
8647 Ninth Street
Rancho Cucamonga, CA 91730

23.c
Packet Pg. 734 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 11 Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

23.c
Packet Pg. 735 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 12 K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

P. Confidentiality. Supplier and the City agree that any and all information identified by the other as "Confidential" and / or "Proprietary", or which, under all of the circumstances, ought reasonably to be treated as Confidential and / or Proprietary, will not be disclosed to any third person without the express written consent of the other Party.

Confidential Information includes, but is not limited to, information about the respective entities' products and services, information relating to purchasing, accounting, pricing, marketing and customers not generally known in the business in which the entity has been, is or may become engaged and which is developed by, disclosed to, or becomes known as a consequence of or through each Party's relationship with the other.

Confidential Information does not include any information or development: (i) which is or subsequently becomes available to the general public other than through a breach by the receiving party; (ii) which is already known to the receiving party before disclosure by the disclosing party; (iii) which is developed through the independent efforts of the receiving party; (iv) which the receiving party rightfully receives from third parties without restriction as to use; or (v) . Upon the expiration of the term of this Agreement, Supplier shall, and shall instruct its agents to whom Confidential Information was disclosed pursuant hereto, continue to treat as confidential and preserve the confidentiality of all Confidential Information received from the City.

Q. Noncompeting Personnel. Neither Supplier nor City shall directly or indirectly, solicit, recruit or hire any City or Supplier personnel, whether or not such personnel performed work for the City, during the term of this Agreement and for a period of one (1) year after the termination of this Agreement. The provisions of this Section shall survive the termination or expiration of the Agreement. [SIGNATURES ON FOLLOWING PAGE]

23.c
Packet Pg. 736 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND VECTOR RESOURCES, INC. D/B/A VECTORUSA
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
VECTOR RESOURCES, INC. d/b/a

VECTORUSA
Signature
Name
Title

23.c
Packet Pg. 737 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 14 Exhibit A
Goods Specifications and Fee Schedule
[ATTACHED]

23.c
Packet Pg. 738 Attachment: Attachment 3 - San Bernardino - Goods Purchase Agreement - VectorUSA (8899 : Request Purchase Authorization for Network 3/9/2022
VRN 108972-003
Date:

Vector Resources, Inc.
dba VectorUSA
8647 Ninth Street
Rancho Cucamonga, CA 91730
P: (909) 931 1022
FortiGate 1800F
Company Site
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
City San Bernardino
290 North D Street
San Bernardino, CA USA 92401
VectorUSA will procure and deliver the following Fortinet hardware and services for the City of San Bernardino.

Reference CMAS Contract number 3-15-70-0876AM for FortiGate 1800Fs and FortiAnalyzer-1000F.

No VectorUSA Professional Services have been included in this quote.

Scope of Work
2 FortiGate-1800F Hardware plus
3YR 24x7 FortiCare and
FG-1800F-BDL-950 88,425.42 176,850.84
-36
Fortinet
1 FortiGate-1800F Fortinet FG-1800F 29,974.72 29,974.72 1 FortiAnalyzer-1000F Fortinet FAZ-1000F 24,402.02 24,402.02 1 FortiAnalyzer-1000F 24x7
FortiCare Contract
FC-10-L01KF-247-02 16,494.20 16,494.20
-36
Fortinet
Qty Description Unit Price Extended Price
Project Name
FortiGate and FortiAnalyzer
Change Name
Mfr Mfr
Materials: $247,721.78
Labor: $0
Tax: $20,232.41
Job Total: $267,954.19

23.d
Packet Pg. 739 Attachment: Attachment 4 - Exhibit A - Specifications and Fees - Vector Resources, Inc. (8899 : Request Purchase Authorization for Network 3/15/2022
VRN 108972-005
Date:

No VectorUSA Professional Services have been included in this quote.

Scope of Work
2 FortiGate-1800F FortiConverter
Service for one time
FC-10-F18HF-189-02 2,020.64 4,041.28
-12
Fortinet
4 10GE SFP+ transceiver module,
short range
Fortinet FN-TRAN-SFP+SR 111.40 445.60
2 1GE SFP SX transceiver module Fortinet FN-TRAN-SX 50.04 100.08 Qty Description Unit Price Extended Price
Project Name
Transceiver and FortiConverter Services Revised
Change Name
Mfr Mfr
Materials: $4,586.96
Labor: $0
Tax: $47.75
Job Total: $4,634.71

23.d
Packet Pg. 740 Attachment: Attachment 4 - Exhibit A - Specifications and Fees - Vector Resources, Inc. (8899 : Request Purchase Authorization for Network

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Rolland Kornblau, Director of IT
Subject: Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Maintenance (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Accela, Earth Science Research Institute (ESRI), OneMeeting (formerly known as PrimeGov), Tyler Technologies, and Verizon for FY 2022-23 for approximately $1.25 million.

Background
The City purchases annual maintenance and software support for its existing software applications. Renewing the software maintenance agreements are necessary to provide troubleshooting support, eliminate errors and malfunctions, and enable the City to benefit from the latest version of the products to improve work proficiency.

Discussion
Staff is requesting authorization to issue Purchase Orders for six ongoing annual maintenance agreements. Staff has developed an expected annual cost based on expected usage or an annual fixed amount provided by the vendor. Staff is requesting that a 10% contingency be added to the purchasing authorization amount for slight changes in the products or support functions which might occur during the fiscal year.

Renewal quotes are enclosed for all but Verizon. Verizon is a monthly expense based on last year's numbers represented by the attached chart to include the anticipated additional users for the 2022/2023 year and anticipated average amounts for May and June of $40,000.

VENDOR PRODUCT EXPECTED AMOUNT
Accela Permits Plus $111,984
ESRI ArcGIS Family of Products $133,832
Tyler Technologies New World $187,393.06
Tyler Technologies CAD $341,183.39
Verizon Cellular Phone Services $278,300
Prime Gov Agenda Automation $78,920
24 Packet Pg. 741
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Page 2 ends

Subtotal $1,131,612.45
Contingency (10%) 113,161.245
TOTAL $1,244,773.695
2021-2025 Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 2: Focused, Aligned, Leadership and Unified Community. Software applications are maintained to achieve operational efficiencies and support the organizational effectiveness of evolving processes.

Fiscal Impact
The cost of the annual support agreements has been included in the proposed FY 2022/23 budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Accela, Earth Science Research Institute (ESRI), OneMeeting (formerly known as PrimeGov), Tyler Technologies, and Verizon for FY 2022-23 for approximately $1.25 million.

Attachments
Attachment 1 PERMITS Plus Renewal 2022-2023
Attachment 2 ESRI Renewal 22-23
Attachment 3 PrimeGov Renewal 22-23
Attachment 4 Tyler Technologies New World Renewal
Attachment 5 Tyler Technologies CAD Renewal
Attachment 6 Verizon Forecast Chart
Ward: All
Synopsis of Previous Council Actions:

July 17, 2020 The Mayor and City Council adopted Resolution No. 2020-139 to Purchase Annual Services, Software Maintenance, and Hardware Maintenance Agreements from Accela, Celplan, Earth Science Research Institute, Konica Minolta, NPA, TPX, Tyler Technologies, and Verizon Cellular For FY 2020/21.

June 16, 2021 The Mayor and City Council adopted Resolution No. 2021-149 to Purchase Annual Services, Software Maintenance, and Hardware Maintenance Agreements From Accela. Connections Inc., Earth Science Research Institute (ERSI), Konica Minolta, Tyler Technologies, and Verizon Cellular for FY 2021/22.
24 Packet Pg. 742
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Becky O'Brien
Contact Phone: (925) 359-3334
Contact Email: [email protected]
Quote ID: Q-25374
Valid Through: 6/30/2022
Currency: USD
_______________________________________________________________________________________ Renewal Order Form
Address Information
Bill To: Ship To:

City of San Bernardino City of San Bernardino
300 North D. Street - 4th Floor
San Bernardino, California 92418
United States
300 North D. Street - 4th Floor
San Bernardino, California 92418
United States
Billing Name: Than Trinooson
Billing Phone: 9093845947
Billing Email: [email protected]
_______________________________________________________________________________________ Services Year Start Date End Date Term
(Months)
Price Qty Net Total
PERMITS Plus - Limited
Support
Year 1 7/1/2022 6/30/2023 12 $966.92 30 $29,007.68
PERMITS Plus Client Server-
Limited Support
Year 1 7/1/2022 6/30/2023 12 $424.42 30 $12,732.62
PERMITS Plus Connect -
Limited Support
Year 1 7/1/2022 6/30/2023 12 $138.38 30 $4,151.52
PERMITS Plus Workflow -
Limited Support
Year 1 7/1/2022 6/30/2023 12 $182.80 30 $5,483.89
PERMITS Plus Scan-it -
Limited Support
Year 1 7/1/2022 6/30/2023 12 $41.57 30 $1,247.09
PERMITS Plus Office Link -
Limited Support
Year 1 7/1/2022 6/30/2023 12 $51.50 30 $1,544.99
Accela GIS Maintenance and
Support
Year 1 7/1/2022 6/30/2023 12 $432.68 20 $8,653.55
Accela Wireless Maintenance
and Support
Year 1 7/1/2022 6/30/2023 12 $1,689.20 20 $33,783.91
Quote Number:Q-25374-1 Print Date:4/18/2022

Page 1 of 4 ends

24.a
Packet Pg. 743 Attachment: Attachment 1 Permits Plus Renewal 2022-2023 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Services Year Start Date End Date Term
(Months)
Price Qty Net Total
GIS Optimized Routing (Site)
Maintenance and Support
Year 1 7/1/2022 6/30/2023 12 $5,197.60 1 $5,197.60
TOTAL: $101,802.85
Pricing Summary
Period Net Total
Year 1 $ 101,802.85

Total $ 101,802.85
Quote Number:Q-25374-1 Print Date:4/18/2022

Page 2 of 4 ends

24.a
Packet Pg. 744 Attachment: Attachment 1 Permits Plus Renewal 2022-2023 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Renewal Terms/Information:

General Information
Governing
Agreement(s) This Order Form will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired or have otherwise been terminated, the following terms at https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase.

Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:
• Software Licenses & Subscriptions start on the date of delivery by Accela; • Hosting and Support start on Accela’s delivery of the software hosted and/or supported;.

Order Duration Unless otherwise specified in the Special Order Terms:
• Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer’s first Subscription purchase.
• Any Software Licenses or Hardware are one-time, non-refundable purchases. • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). • Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.

Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services items listed on this Order Form. • In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.
• For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela’s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.

Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.

Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable net 30 days.

Special
Payment
Terms
None unless otherwise specified in this location.

Quote Number:Q-25374-1 Print Date:4/18/2022

Page 3 of 4 ends

24.a
Packet Pg. 745 Attachment: Attachment 1 Permits Plus Renewal 2022-2023 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

PO#
Signatures
Accela, Inc. Customer
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

Quote Number:Q-25374-1 Print Date:4/18/2022

Page 4 of 4 ends

24.a
Packet Pg. 746 Attachment: Attachment 1 Permits Plus Renewal 2022-2023 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware

24.b
Packet Pg. 747 Attachment: Attachment 2 ESRI Renewal 22-23 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Maintenance (All

24.b
Packet Pg. 748 Attachment: Attachment 2 ESRI Renewal 22-23 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Maintenance (All

24.b
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24.b
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24.b
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Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4 Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

24.b
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Page 3 of 6 ends

1.0 ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0 ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0 TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government24.b
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Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0 PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0 MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

24.b
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Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0 ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0 ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0 ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

24.b
Packet Pg. 755 Attachment: Attachment 2 ESRI Renewal 22-23 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Maintenance (All

Page 6 of 6 ends

9.0 MERGERS,ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

24.b
Packet Pg. 756 Attachment: Attachment 2 ESRI Renewal 22-23 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Maintenance (All

INVOICE

Prime Government Solutions Inc
3429 Derry Street
Harrisburg
PA, 17111
Phone: 512-333-4626
Email: [email protected]
FED ID # 47-1103353
Date 31-Mar-2022
Invoice # PG-000179SI
Terms Net 30
New/Renewal New Business
Opportunity
Date Due 30-Apr-2022
PO Number
Contract Number
____________________________________________________________________________________________________________________________ Bank Information: Mail Checks to:

Beneficiary: Prime Government Solutions Inc Prime Government Solutions Inc Beneficiary’s Bank: Wells Fargo Bank, N.A., Central Pennsylvania BB, PO BOX 6995, Portland, OR, 97228-6995 3429 Derry Street
Routing Number: 123006800 Harrisburg
Account Number: 600-6852633 PA 17111
_______________________________________________________________________________________________________________ For inquiries regarding this invoice please e-mail [email protected] or reach us at 512-333-4626 Thanks For Your Business

Page 1 of 2 ends

Bill To:

Genoveva Rocha
290 North D Street
San Bernardino California 92401
Ship To:

San Bernardino, CA
290 North D Street
San Bernardino CA 92401
ITEM # DESCRIPTION QTY UNIT PRICE AMOUNT
PG-AGENDA-AUTO Agenda Automation 1.00 $14,450.00 $14,450.00 PG-AJA-ENCODER AJA HELO Encoder 2.00 $0.00 $0.00
PG-CLOSED-CAPTION20Closed Captioning Service - 20 Hours Closed Captioning product, block of 20 hours to be used each month. Additional hours are billed at $29.93 per hour

1.00 $7,182.00 $7,182.00
PG-COM-MNGMT Committee Management 1.00 $10,115.00 $10,115.00 PG-COM-ENGAGE Community Engagement 1.00 $4,780.00 $4,780.00 PG-EEG-ENCODER EEG HD492 Caption Encoder
Link to description:
https://eegent.com/products/UZNIZP3RN7GLM2GC/hd492-icapTMencoder

1.00 $10,000.00 $10,000.00
PG-LASERFISCH-INT Laserfiche Integration 1.00 $1,500.00 $1,500.00 PG-MEET-MNGMT Meeting Management 1.00 $10,838.00 $10,838.00 PG-MEMBER-VOTING Member Voting 1.00 $4,780.00 $4,780.00 PG-VIDEO-STREAM Video Streaming 1.00 $7,225.00 $7,225.00 SUBTOTAL $70,870.00

24.c
Packet Pg. 757 Attachment: Attachment 3 PrimeGov Renewal 22-23 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Maintenance

INVOICE

Page 2 of 2 ends

ITEM # DESCRIPTION QTY UNIT PRICE AMOUNT
Sales Tax $875.00
TOTAL $71,745.00
Total Due $71,745.00

24.c
Packet Pg. 758 Attachment: Attachment 3 PrimeGov Renewal 22-23 (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Maintenance *045$377296%4-*
Invoice No Date Page
1 of 4
Bill To: Ship To:

Currency Terms Due Date
USD
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
Invoice
PO Number
NET45
Remittance:
172099
Ord No
045-377296
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Questions:

Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Email: [email protected]
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
Cust No.-BillTo-ShipTo
50197 - MAIN - MAIN
06/01/2022
07/16/2022
Date Description Units Rate Extended Price
Contract No.: San Bernardino, CA
SUPPORT & UPDATE LICENSING - SELF SERVICE eRequests 1 615.20 615.20 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - User License to Site License 1 1,913.94 1,913.94 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - FM Base Suite 1 47,622.49 47,622.49 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Bank Rec 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Misc. Billing & Receivables 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - PURCHASING 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - REQUISITIONS 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Project Accounting 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Grant Accounting 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - BID & QUOTE MANAGEMENT 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - INVENTORY 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - CONTRACT ACCOUNTING 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - THIRD PARTY RECEIVABLES 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - GASB Reporting 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Asset Management 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - HR Base Suite 1 5,556.60 5,556.60 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Benefits Admin 1 952.56 952.56 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Personnel Action Processing 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023

24.d
Packet Pg. 759 Attachment: Attachment 4 Tyler Technologies New World Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Invoice No Date Page
2 of 4
Bill To: Ship To:

Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Email: [email protected]
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
Cust No.-BillTo-ShipTo
50197 - MAIN - MAIN
06/01/2022
07/16/2022
Date Description Units Rate Extended Price
SUPPORT & UPDATE LICENSING - Position Budgeting 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - TIME AND ATTENDANCE INTERFACE 1 396.90 396.90 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - APPLICANT TRACKING 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - EMPLOYEE RETIREMENT TRACKING 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - EMPLOYEE EVENT TRACKING 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - COBRA BILLING ADMINISTRATION 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - WORKERS COMPENSATION ADMIN 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - BENEFITS TRACKING (NON-EMPLOYEE) 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - PERMITS 1 654.89 654.89
Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - CODE ENFORCEMENT 1 436.59 436.59 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - REQUEST FOR SERVICES TRACKING 1 436.59 436.59 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - Business Licensing 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - MUNICIPAL INSPECTIONS 1 873.18 873.18 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - PARCEL MANAGEMENT 1 525.89 525.89 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - COMMUNITY GIS INTEGRATION 1 198.45 198.45 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - PROJECT PLANNING 1 436.59 436.59 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - DECISION SUPPORT BASE DATAMART 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - FM ANALYTICS 1 5,733.00 5,733.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - FM DASHBOARDS 1 5,733.00 5,733.00

24.d
Packet Pg. 760 Attachment: Attachment 4 Tyler Technologies New World Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Invoice No Date Page
3 of 4
Bill To: Ship To:

Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Email: [email protected]
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
Cust No.-BillTo-ShipTo
50197 - MAIN - MAIN
06/01/2022
07/16/2022
Date Description Units Rate Extended Price
Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - HR ANALYTICS 1 257.99 257.99 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - HR DASHBOARDS 1 525.89 525.89 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - CD ANALYTICS 1 218.30 218.30 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - CD DASHBOARD 1 416.75 416.75 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - eSUITE BASE (Payments) 1 5,292.00 5,292.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE ePayments 1 5,292.00 5,292.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eSupplier 1 5,292.00 5,292.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eBid 1 5,292.00 5,292.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eMisc Billing 1 5,292.00 5,292.00 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eBenefits Admin 1 1,349.46 1,349.46 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eTimesheets 1 1,051.79 1,051.79 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eEmployee 1 793.80 793.80 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eRecruit 1 793.80 793.80 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE ePermits 1 436.59 436.59 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023
SUPPORT & UPDATE LICENSING - SELF SERVICE eLicense 1 615.20 615.20 Maintenance: Start: 01/Jul/2022, End: 30/Jun/2023

24.d
Packet Pg. 761 Attachment: Attachment 4 Tyler Technologies New World Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Invoice No Date Page
4 of 4
Bill To: Ship To:

Subtotal
Invoice Total
Sales Tax
187,393.06

0.00 187,393.06

24.d
Packet Pg. 762 Attachment: Attachment 4 Tyler Technologies New World Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Page
1 of 5
Company Date

PROFORMA
17852 01/18/2022

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
United States
To: Ship To:

Customer Grp/No. Payment Terms Currency Code
Net 45 USD
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
United States
1 50197
Customer PO# Ship Via
MISC
Salesperson Cd
No. Item/ Description/ Comments Drop Ship # Users Quantity U/M Unit Price Disc % Total Cost Contract No.: San Bernardino, CA
1 Renewal: No 1 1 EA 5,023.20 .00 5,023.20
New World Third Party LE Records Interface Standard Maintenance - COPLINK Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 2 Renewal: No 1 1 EA 8,736.00 .00 8,736.00
New World Third Party LE Records Interface Standard Maintenance - Ticket Writer Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 3 Renewal: No 4 1 EA 2,620.80 .00 2,620.80
CAD Data Mart Standard Maintenance
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 4 Renewal: No 33 1 EA 3,603.60 .00 3,603.60
ArcGIS Runtime CAD Desktop Workstations Maintenance
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 5 Renewal: No 4 1 EA 2,620.80 .00 2,620.80
Law Enforcement Management Data Mart (^CAD, RMS) Standard Maintenance - Includes 10+ users Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 6 Renewal: No 1 1 EA 3,712.80 .00 3,712.80
Additional New World Enterprise Standard Maintenance for CAD - CAD AVL Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 7 Renewal: No 1 1 EA 3,712.80 .00 3,712.80
Additional New World Enterprise Standard Maintenance for CAD - Service Vehicle Rotation Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 8 Renewal: No 1 1 EA 9,609.60 .00 9,609.60
New World Enterprise Third Party Interface Standard Maintenance - On-Line CAD Interface to State/NCIC Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 9 Renewal: No 1 1 EA 3,931.20 .00 3,931.20
New World Enterprise Third Party Interface Standard Maintenance Pre-Arrival Questionnaire Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months

24.e
Packet Pg. 763 Attachment: Attachment 5 Tyler Technologies CAD Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Page
2 of 5
Company Date

PROFORMA
17852 01/18/2022

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Drop Ship # Users Quantity U/M Unit Price Disc % Total Cost 10 Renewal: No 1 1 EA 19,027.01 .00 19,027.01
New World Single Jurisdiction Base LE Records Standard Maintenance Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 11 Renewal: No 1 1 EA 6,552.00 .00 6,552.00
New World Federal and State Compliance Reporting for LE Records Standard Maintenance - Federal UCR/IBR Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 12 Renewal: No 1 1 EA 3,276.00 .00 3,276.00
Additional New World Software for LE Records Standard Maintenance - Field Investigations Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 13 Renewal: No 1 1 EA 3,276.00 .00 3,276.00
Additional New World Software for LE Records Standard Maintenance - Case Management Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 14 Renewal: No 1 1 EA 4,586.40 .00 4,586.40
Additional New World Software for LE Records Standard Maintenance - Alarm Tracking and Billing Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 15 Renewal: No 1 1 EA 3,276.00 .00 3,276.00
Additional New World Software for LE Records Standard Maintenance - Property Room Bar Coding Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 16 Renewal: No 1 1 EA 4,586.40 .00 4,586.40
Additional New World Software for LE Records Standard Maintenance - Narcotics Mgmt Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 17 Renewal: No 1 1 EA 6,552.00 .00 6,552.00
New World Data Analysis and Mapping for Corrections MSP Standard Maintenance Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 18 Renewal: No 1 1 EA 6,552.00 .00 6,552.00
New World Federal and State Compliance Reporting for LE Records Standard Maintenance - State Accidents Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 19 Renewal: No 1 1 EA 13,837.82 .00 13,837.82
New World Fire Records Standard Maintenance Base Package Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 20 Renewal: No 1 1 EA 7,425.60 .00 7,425.60
New World Federal Compliance Reporting for Fire Records Standard Maintenance - NFIRS 5.0 Electronic Reporting Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months

24.e
Packet Pg. 764 Attachment: Attachment 5 Tyler Technologies CAD Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Page
3 of 5
Company Date

PROFORMA
17852 01/18/2022

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Drop Ship # Users Quantity U/M Unit Price Disc % Total Cost 21 Renewal: No 1 1 EA 17,908.80 .00 17,908.80
New World MSP Third Party CAD Interface Standard Maintenance -New World State/NCIC Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months :
22 Renewal: No 1 1 EA 262.08 .00 262.08
New World Third Party Corrections Interface Standard Maintenance - VINE Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 23 Renewal: No 156 1 EA 3,407.04 .00 3,407.04
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - State Photo Download Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 24 Renewal: No 156 1 EA 13,628.16 .00 13,628.16
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - LE State/NCIC via Switch Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 25 Renewal: No 176 1 EA 15,375.36 .00 15,375.36
New World Mobile Management Server Standard Maintenance (151-200 units) - LE Field Reporting Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 26 Renewal: No 156 1 EA 5,110.56 .00 5,110.56
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Mapping Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 27 Renewal: No 35 1 EA 3,057.60 .00 3,057.60
New World Fire Mobile Unit Standard Maintenance - Fire CAD via Switch Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 28 Renewal: No 1 1 EA 0.00 .00 0.00
New World Standard Maintenance - Scene PD
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 29 Renewal: No 1 1 EA 3,931.20 .00 3,931.20
New World Communications Server to State/NCIC Standard Maintenance Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 30 Renewal: No 176 1 EA 11,531.52 .00 11,531.52
New World Law Enforcement Mobile Unit Standard Maintenance - Field-Based Reporting - LE Accident Field Reporting Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 31 Renewal: No 156 1 EA 5,110.56 .00 5,110.56
ArcGIS Runtime Mobile In-Car
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 32 Renewal: No 191 1 EA 3,128.58 .00 3,128.58

24.e
Packet Pg. 765 Attachment: Attachment 5 Tyler Technologies CAD Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Page
4 of 5
Company Date

PROFORMA
17852 01/18/2022

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Drop Ship # Users Quantity U/M Unit Price Disc % Total Cost New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - New World AVL Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 33 Renewal: No 1 1 EA 3,931.20 .00 3,931.20
New World Third Party LE Records Interface Standard Maintenance - Livescan Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 34 Renewal: No 1 1 EA 655.20 .00 655.20
New World Imaging Standard Maintenance - LE Public Safety Lineups/Mug Shots Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 35 Renewal: No 1 1 EA 3,712.80 .00 3,712.80
Additional New World Standard Maintenance for Corrections Management - Inmate Movement Tracking Bar Coding Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 36 Renewal: No 1 1 EA 19,315.30 .00 19,315.30
New World Corrections Management Standard Maintenance Base Package Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 37 Renewal: No 1 1 EA 2,511.60 .00 2,511.60
New World Third Party LE Records Interface Standard Maintenance - Citizen Reporting Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 38 Renewal: No 1 1 EA 21.84 .00 21.84
New World Fire Mobile Unit Standard Maintenance - EMS Field Reporting Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 39 Renewal: No 1 1 EA 3,712.80 .00 3,712.80
Additional New World Standard Maintenance for Corrections Management - BarCoding Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 40 Renewal: No 200 1 EA 13,104.00 .00 13,104.00
New World Field Reporting Server Standard Maintenance
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 41 Renewal: No 1 1 EA 7,425.60 .00 7,425.60
New World Corrections Compliance Federal & State Reporting MSP Standard Maintenance Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 42 Renewal: No 1 1 EA 24,024.00 .00 24,024.00
New World Mobile Messaging Server Standard Maintenance
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 43 Renewal: No 1 1 EA 6,442.80 .00 6,442.80
ArcGIS Advanced Enterprise Server Integration
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months

24.e
Packet Pg. 766 Attachment: Attachment 5 Tyler Technologies CAD Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware Page
5 of 5
Company Date

PROFORMA
17852 01/18/2022

THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Drop Ship # Users Quantity U/M Unit Price Disc % Total Cost 44 Renewal: No 1 1 EA 2,511.60 .00 2,511.60
New World Third Party LE Records Interface Standard Maintenance - LINX Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 45 Renewal: No 156 1 EA 3,407.04 .00 3,407.04
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Routing Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 46 Renewal: No 156 1 EA 3,407.04 .00 3,407.04
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - Mugshot Image Download Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 47 Renewal: No 1 1 EA 3,931.20 .00 3,931.20
New World Enterprise Third Party Interface Standard Maintenance - E-911 Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 48 Renewal: No 33 1 EA 34,168.68 .00 34,168.68
New World Enterprise Combined LE/Fire/EMS CAD Standard Maintenance Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 49 Renewal: No 1 1 EA 3,931.20 .00 3,931.20
New World Enterprise Third Party Interface Standard Maintenance - CAD Paging Interface Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months 50 Renewal: No 1 1 EA 0.00 .00 0.00
Field Interview Interface (Supports Brazos)
Maintenance Plan: ; Start: 07/01/2022, End: 06/30/2023; Term: 12 months Does not include any applicable taxes Order Total: 341,183.39 Comments: Upon acceptance please email your purchase order to [email protected]

24.e
Packet Pg. 767 Attachment: Attachment 5 Tyler Technologies CAD Renewal (8926 : Authorization for FY 2022/23 Annual Usage Fees - Software/Hardware

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Lydie Gutfeld, Director Parks, Recreation and Community Service
Subject: Art Projects Throughout the City (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the public art programs.

Background
In early February 2022, from a collaboration of ideas from the Public Works and Parks, Recreation and Community Services Department (PRCS), the City of San Bernardino began seeing new colorful additions to the city. To date, these colorful art additions include electrical boxes of bright colors and animated characters, a mural wall, and a fence line.

In March, PRCS received a grant for a Fitness Court to be added to Blair Park, which included a $5,000 call for artist grant to design a mural for the 30x10 ft front wall and side panels of the fitness court. A call for artist was completed on May 6, 2022. The top eight (8) selected artists were asked to attend the Arts and Historical Commission Meeting on May 16, 2022 to present their vision for the mural. Final scoring from the Commission was completed on Monday, May 23, 2022 and a formal announcement to the selected artist is anticipated by end of June.

In addition to the above listed art additions, staff have been tasked with finding locations for the various pieces of Sister City Art to be showcased and presented. To date, the Arts and Historical Commission is working to connect with local area business and art hosting locations.

Discussion
The colorful art additions to wall murals, electrical boxes, and fence paintings have brought much joy to the community. The Commission and staff are working to create a public art policy that will help to formalize the process in which the City selects, showcases, and highlights its public art. This policy is slated to include a variety of art options, and will be flexible in its ability to expand to visual and performance arts as well. The goal of the policy will be to ensure that art is made accessible to the entire community. Once prepared, the policy will be presented to the Mayor and City Council 25 Packet Pg. 769
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for consideration.
2021-2025 Key Strategic Targets and Goals
The acceptance of the grant contribution and sponsorship aligns with Key Target No. 3:

Improved Quality of Life whereby all City of San Bernardino residents have affordable access to art throughout the community.

Fiscal Impact
At this time there is no fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the public art programs.

Attachments
Attachment 1 Photos of Electrical
Attachment 2 Photos of Wall Mural
Attachment 3 Photos of Fence line
Attachment 4 Photos of Art presentations at Commission
Attachment 5 Example of Fitness Court Option
Ward: All
Synopsis of Previous Council Action: N/A
25 Packet Pg. 770

PHOTOS OF ELECTRICAL

25.a
Packet Pg. 771 Attachment: Attachment 1 - Photos of Electrical (8991 : Art Projects Throughout the City (All Wards))

PHOTOS OF WALL MURALS

25.b
Packet Pg. 772 Attachment: Attachment 2 - Photos of Wall Mural (8991 : Art Projects Throughout the City (All Wards))

PHOTOS OF FENCE LINE

25.c
Packet Pg. 773 Attachment: Attachment 3 - Photos of Fence Line (8991 : Art Projects Throughout the City (All Wards))

PHOTOS OF ART PRESENTATIONS AT

COMMISSION MEETING

25.d
Packet Pg. 774 Attachment: Attachment 4 - Photos of Art Presentations at Commission (8991 : Art Projects Throughout the City (All Wards))

25.e
Packet Pg. 775 Attachment: Attachment 5 - Example of Fitness Court Option (8991 : Art Projects Throughout the City (All

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1. Adopt Resolution No. 2022-126 of the Mayor and City Council of the City of San Bernardino, California approving a San Bernardino County Department of Aging and Adult Services (DAAS) Contract for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025;

2. Ratify the Grant Budget submittal and accept the Grant Award of $406,667;

3. Authorize the Director of Finance or designee to amend the FY 2022/23 and FY 2023/24 adopted budgets to reflect grant revenue and expenditures accordingly; and approve certain related purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2022 through June 30, 2023 Background
The City of San Bernardino administers the Senior Nutrition Program (SNP), which provides meals Monday through Friday to older adults in the City who are 60 years of age or older. The program is funded through and in collaboration with San Bernardino County Department of Aging and Adult Services (DAAS).

Services through the SNP are offered at six (6) nutrition sites throughout the City: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center.

During FY 2021/22, the SNP provided over 52,000 meals and served an average of 254 clients daily. Meals were served for both dine-in and take-out.

In FY 2021/22 the Mayor and City Council approved Resolution No. 2021-219, ratifying the grant budget submittal; accepting the grant award for the Third Year of a three-year grant cycle of July 1, 2021 through June 30, 2022, appropriating grant revenue expenditures, and issuing purchase orders to Sysco Foods, American Meat Companies dba Merit Day, Hollandia Dairy, Inc., and Consulting Health for nutrition services.

Discussion
The application for the San Bernardino County Elderly Nutrition Program Services Grant was submitted on January 4, 2022. On April 28, 2022, the City of San Bernardino 26 Packet Pg. 776
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received a Letter of Intent to Award - Elderly Nutrition Program Services (RFP HS 21- 09/EPRO Bid Number DAAS122-OAAGI-4362) from San Bernardino County Human Services’ Contracts Unit, recommending a DAAS contract with the City to provide Elderly Nutrition Program Services. On May 23, 2022, the City received a contract for approval in the amount of $1,220,000 to provide the nutrition services for a three (3) year term from July 1, 2022 through June 30, 2025. The FY 2022/23 intended awarded contract amount is not to exceed $406,667, which includes one-time-only (OTO) funds that are anticipated to be available mid-year. The match requirement for the first year of the grant is $33,178.06. However, due to the increased needs for food services and nutrition options for our older adult community, the City has committed to over $186,000 in additional matching funds. The additional match has been included in the City’s budget since the early 1980s. This increased match from the City is required to maintain the current levels of service. The City projects serving an estimated 50,273 meals at the six nutrition sites during the first year of this contract.

On April 6, 2022, the Purchasing Division of the Finance Department issued RFQ No: F22-53 for Food Supplies and Consumable Products For Senior Nutrition Center and advertised through Planetbids.com. Proposals were due on April 21, 2022 at 3:00 PM, PDT. Of the bidders that responded, it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders. Staff recommends approval for the issuance of purchase orders as follows:

Sysco Foods: $139,000
Hollandia Diary: $21,000
Consulting Health Nutrition Services: $17,000
It is recommended in the execution of the three (3) year agreement to issue annual purchase orders for the food vendors with an option of two (2) additional one (1) year renewals and issue the annual purchase order for nutrition consulting services, as these proposed actions will allow the Senior Nutrition Program to continue to deliver without delay in nutritional services to the City’s senior population. 2021-2025 Key Strategic Targets and Goals
This proposal aligns with Key Target No. 1: Improved Operational & Financial Capacity by securing a long-term revenue source and creating a framework for spending decisions; Key Target No. 2: Focused, Aligned Leadership and Unified Community by developing and implementing a community engagement plan; and Key Target No. 3:

Improved Quality of Life by providing low-cost nutritious meals for the senior aged population.

Fiscal Impact
The amount of grant funding currently available to the City from the County for FY 2022/23 is not to exceed $406,667. The City required match is $33,178.06 for the first year of the grant.

Acceptance of the grant includes an amendment to the FY 2022/23-24 adopted budget consistent with the attached City of San Bernardino Parks and Recreation Department FY 2022/23 Program Budget Detail Sheet (Project #: 0513 Sr. Nutrition Grant 2022-23), 26 Packet Pg. 777
9014

Page 3 ends

which includes a City cash and in-kind contribution of $29,492.

Conclusion

2. Ratify the Grant Budget submittal and accept the Grant Award of $406,667;

3. Authorize the Director of Finance or designee to amend the FY 2022/23 and FY 2023/24 adopted budgets to reflect grant revenue and expenditures accordingly; and approve certain related purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2022 through June 30, 2023 Attachments
Attachment 1 Resolution No. 2022-126 - 2022-25 SNP Grant Attachment 2 Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant, County Contract No. ______
Attachment 3 2022-25 SNP Grant Application
Attachment 4 2022-25 SNP Grant Intent To Award
Attachment 5 2022-25 SNP Food & Consumables Bid Responses - RFQ 22-53 Attachment 6 2022-23 SNP Grant Program Budget Detail Sheet Ward: All
Synopsis of Previous Council Actions:

June 16, 2021 Mayor and City Council adopted Resolution 2021-219, approving Year Three of a Three-Year Grant Allocation with San Bernardino County Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program.

September 16, 2020 Mayor and City Council adopted Resolution 2020-225, approving Year Two of a Three-Year Grant Allocation with San Bernardino County Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program.

May 5, 2020 Mayor and City Council ratified the submittal of Amendment No.

One (1) Budget of the Senior Nutrition Program Grant to San Bernardino County Department of Aging and Adult Services (DAAS).

August 7, 2019 Mayor and City Council adopted Resolution 2019-163, approving Year One of a Three-Year Grant Allocation with San Bernardino County Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program.
26 Packet Pg. 778
Resolution No. 2022-126
Resolution 2022-126
June 15, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-126

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

RATIFYING THE SUBMITTAL OF THE GRANT
APPLICATION; EXECUTION OF SAN BERNARDINO

COUNTY DEPARTMENT OF AGING AND ADULT

SERVICES (DAAS) CONTRACT FOR ELDERLY
NUTRITION PROGRAM SERVICES; ACCEPTING THE
THREE YEAR GRANT CYCLE AMOUNT OF $1,220,000
FOR THE TERM OF JULY 1, 2022 THROUGH JUNE 30,
2025, INCLUDING ACCEPTING THE FIRST YEAR GRANT
AWARD IN THE AMOUNT NOT TO EXCEED $406,667;

AND AMENDING THE CITY OF SAN BERNARDINO
ADOPTED FY 2022/23-24 BUDGET FOR THE GRANT

AWARD AND THE APPROVAL OF CERTAIN PURCHASE

ORDERS FOR THE SENIOR NUTRITION PROGRAM
WHEREAS, the City of San Bernardino submitted a Grant Application to the San Bernardino County Department of Aging and Adult Services (DAAS) for a three (3) year grant cycle to provide a Senior Nutrition Meal Program; and
WHEREAS, on April 28, 2022, San Bernardino County Department of Aging and Adult Services (DAAS) issued a Letter of Intent to Award – Elderly Nutrition Program Services (RFP HS 21-09/EPRO Bid Number DAAS122-OAAGI-4362) to the City of San Bernardino, recommending a DAAS contract to provide Elderly Nutrition Program Services; and, WHEREAS, on May 23, 2022, the San Bernardino County Department of Aging and Adult Services (DAAS) issued a contract for approval by the City of San Bernardino to provide Elderly Nutrition Program Services for the three (3) year grant cycle in the amount of $1,220,000 for the contract term of July 1, 2022 through June 30, 2025; and, WHEREAS, on April 6, 2022, the Purchasing Division of the Finance Department issued RFQ No. F-19-47 for Food Supplies and Consumable Products for Senior Nutrition Center, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby ratify the submittal of the three (3) year Grant Application, executing the Grant Contract amount of

26.a
Packet Pg. 779 Attachment: ATTACHMENT 1 - Resolution No. 2022-126 - 2022-23 SNP Grant Year 1 of 3 [Revision 2] (9014 : 2022-25 Senior Nutrition Program Resolution No. 2022-126
Resolution 2022-126
June 15, 2022

Page 2 of 4 ends

$1,220,000 for the three (3) year grant term, the execution of County Contract with San Bernardino County Department of Aging and Adult Services for a grant to operate the Senior Nutrition Program; and
SECTION 3. That the Mayor and City Council of the City of San Bernardino hereby accept the grant award of up to $406,667 for the first year contract term of July 1, 2022 through June 30, 2025, and authorize the Director of Finance, or designee, to appropriate that amount for the continued operation of the Senior Nutrition Program pursuant to the City of San Bernardino Parks and Recreation Department FY 2022/23 Program Budget Detail Sheet (Project #: 0513 Sr.

Nutrition Grant 2022-23); to issue annual purchase orders to Sysco Foods and Hollandia Diary, Inc. for food services and consumable supplies; and to issue an annual nutrition purchase order to Consulting Health and Nutrition Services for FY 2022/23 for the first (1st) year of a three (3) year Grant Allocation Agreement; and
SECTION 4. That the appropriation of the grant award of up to $406,667 and required plus additional city matching funds $219,492, together totaling $626,159 are for the operation of the Senior Nutrition Program from July 1, 2022 through June 30, 2023.

SECTION 5. That the Director of Finance, or designee, is directed to adjust the existing budget appropriations amongst the Parks, Recreation and Community Services accounts to accurately reflect the grant budget and grant match budget consistent with the adopted staff report.

SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

26.a
Packet Pg. 780 Attachment: ATTACHMENT 1 - Resolution No. 2022-126 - 2022-23 SNP Grant Year 1 of 3 [Revision 2] (9014 : 2022-25 Senior Nutrition Program Resolution No. 2022-126
Resolution 2022-126
June 15, 2022

Page 3 of 4 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

26.a
Packet Pg. 781 Attachment: ATTACHMENT 1 - Resolution No. 2022-126 - 2022-23 SNP Grant Year 1 of 3 [Revision 2] (9014 : 2022-25 Senior Nutrition Program Resolution No. 2022-126
Resolution 2022-126
June 15, 2022

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-126, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 782 Attachment: ATTACHMENT 1 - Resolution No. 2022-126 - 2022-23 SNP Grant Year 1 of 3 [Revision 2] (9014 : 2022-25 Senior Nutrition Program

Page 1 of 28 ends

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Aging and Adult Services
Department Contract Representative Karol Hamman, Contract Analyst Telephone Number 909.388.0215
Contractor City of San Bernardino
Contractor Representative Lydie Gutfield
Telephone Number (909) 384-5233
Contract Term July 1, 2022 through June 30, 2025
Original Contract Amount $1,220,000
Amendment Amount
Total Contract Amount $1,220,000
Cost Center 5292001036
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, San Bernardino County, hereafter referred to as “County,” desires to provide Elderly Nutrition Program services; and
WHEREAS, County has been allocated funds by Older Americans Act of 1965 to develop nutrition programs for the elderly; and
WHEREAS, County finds City of San Bernardino, hereafter referred to as “Contractor,” qualified to provide Elderly Nutrition Program services; and
WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW THEREFORE, County and Contractor mutually agree to the following terms and conditions:

Contract Number
SAP Number
4400019268

26.b
Packet Pg. 783 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior Standard Contract Page 2 of 28

TABLE OF CONTENTS
I. DEFINITIONS.................................................................................................................................................. 3 II. CONTRACTOR SERVICE RESPONSIBILITIES........................................................................................... 7 III. CONTRACTOR GENERAL RESPONSIBILITIES ......................................................................................... 7 IV. COUNTY RESPONSIBILITIES................................................................................................................... 199 V. FISCAL PROVISIONS .................................................................................................................................. 19 VI. RIGHT TO MONITOR AND AUDIT .............................................................................................................. 22 VII. CORRECTION OF PERFORMANCE DEFICIENCIES.............................................................................. 233 VIII. TERM........................................................................................................................................................... 244 IX. EARLY TERMINATION .............................................................................................................................. 244 X. GENERAL PROVISIONS ........................................................................................................................... 244 XI. CONCLUSION............................................................................................................................................. 288

ATTACHMENTS
ATTACHMENT A – CLIENT COMPLAINT AND GRIEVANCE PROCEDURE, OLDER AMERICANS ACT

PROGRAMS
ATTACHMENT B – ASSURANCE OF COMPLIANCE
ATTACHMENT C – SCOPE OF WORK
ATTACHMENT D – DISCLOSURE OF LOBBYING ACTIVITIES
ATTACHMENT E – INFORMATION SHEET
ATTACHMENT F – COMMUNITY FOCAL POINTS LIST
ATTACHMENT G – PAYMENTS, BUDGETS, CLOSEOUT, AND AUDITS
ATTACHMENT H – PROGRAM BUDGET
ATTACHMENT I – MATCHING FUNDS NARRATIVE
ATTACHMENT J – MONTHLY EXPENDITURE REPORT
ATTACHMENT K – REQUEST TO PURCHASE PROPERTY/EQUIPMENT
ATTACHMENT L – CONTRACTOR/VENDOR CONFIDENTIALITY STATEMENT (CDA 1024) ATTACHMENT M – SECURITY INCIDENT REPORT (CDA 1025a and CDA 1025b)

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Packet Pg. 784 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior Standard Contract Page 3 of 28
I. DEFINITIONS
A. Area Agency on Aging (AAA) – In 1976, the State of California designated San Bernardino County Department of Aging and Adult Services (DAAS) as the Area Agency on Aging for the county. As a result of this designation, DAAS receives funding from the California Department of Aging to administer the programs authorized by the Older Americans Act.

B. California Code of Regulations (CCR) – Is the codification of the general and permanent rules and regulations announced in the California Regulatory Notice Register by California state agencies.

C. California Department of Aging (CDA) – Administers programs that serve older adults, adults with disabilities, family caregivers and residents in long-term care facilities throughout the state.

D. California Department of Social Services Manual of Policies and Procedures (CDSS MPP) – The rules and regulations governing the Department and Program.

E. Catalog of Federal Domestic Assistance (CFDA) – A government-wide compendium of federal programs, projects, services and activities that provide assistance or benefits to the American Public.

F. Code of Federal Regulation (CFR) – The codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States.

G. Congregate Nutrition Services (C-1) – Provides nutritious meals, nutrition education, and nutrition risk screening to individuals age sixty (60) and older in a social setting. The program offers individuals an opportunity to socialize with others to reduce social isolation while promoting health and well-being through nutrition.

H. Contract – Agreement between County and Contractor, including the terms and conditions, scope of work, attachments, addenda, and amendments, if applicable.

I. Contractor/Vendor – Refers to an Applicant whose application results in a contract to provide Elderly Nutrition Services.

J. California Retail Food Code (CRFC) [Section 113700 et seq., California Health and Safety Code] – Replaces California Uniform Retail Food Facilities Law (CURFFL).

K. Cost Reimbursement – Payment method by which allowable and reasonable costs incurred by a Contractor in the performance of the contract – which may include overhead, personnel, utilities, etc. are reimbursed in accordance with the terms of the Contract.

L. Department of Aging and Adult Services (DAAS) – San Bernardino County department that empowers older adults and individuals with disabilities by providing services and working with individuals, service providers, and communities to improve or maintain choice, independence, and quality of living.

M. Department of Justice (DOJ) – A federal executive department of the United States government responsible for the enforcement of the law and administration of justice.

N. Dietary Reference Intake (DRI) – Nutrient recommendations prepared by the U.S. Academy of Sciences Institute of Medicine.

O. Disability – A condition attributable to mental or physical impairment, or a combination of mental or physical impairments, that results in substantial functional limitations in one (1) or more of the following areas of major life activity:

1. Self-care

2. Receptive and expressive language

3. Learning

4. Mobility

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5. Self-direction

6. Capacity for independent living

7. Economic self-sufficiency

8. Cognitive functioning

9. Emotional adjustment
P. Elder – Any person residing in California who is sixty-five (65) years of age or older.

Q. Elderly Nutrition Program (ENP) – A program which provides nutrition services, as authorized by the Older Americans Act of 1965, as amended, and which shall be provided in accordance with California Code of Regulations, 22 CA ADC § 7630 et. seq.

R. Eligible Service Population – Older Individuals (sixty (60) years of age or older), giving preference to those in greatest economic or social need with particular attention to low-income minority individuals, older individuals with Limited English Proficiency, and older individuals residing in rural areas.(OAA Section 305 (a)(2)(E), CCR 7125, 7125, 7127,7130, and 7135.

S. Equipment – Tangible personal property with a useful life of more than one (1) year and an acquisition cost of $500 or more per unit.

T. Financial Statement – For non-Federal entities that expend less than $750,000 in a fiscal year in Federal awards, a statement that reflects the contractor’s financial position, results of operations or changes in net assets, and, where appropriate, cash flows for the fiscal year audited.

U. Frail – An older individual determined to be functionally impaired because the individual either:

1. Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility and associated tasks, without substantial human assistance, including verbal reminding, physical cueing or supervision.

2. Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a service health or safety hazard to the individual or to others.

V. General Program Income – Meal income receive in the form of contributions or donations made by the elderly services rendered under this Contract.

W. Hazard Analysis Critical Control Point (HACCP) – A systematic preventive approach to food safety from biological, chemical, and physical hazards in production processes that can cause the finished product to be unsafe and designs measures to reduce these risks to a safe level.

X. HACCP Plan – A written document that delineates the formal procedures for following the HACCP principles that were developed by the National Advisory Committee on Microbiological Criteria for Foods and complies with the requirements of Section 114055, Health and Safety Code.

Y. HACCP Principles – The seven (7) basic steps of HACCP, which are:

1. The completion of hazard analysis identification by identifying the likely hazards to consumers presented by a specific food.

2. The determination of critical control points in receiving, storage, preparation, display and dispensing of a food.

3. The setting or measurable critical limits for each critical control point determined.

4. Developing and maintaining monitoring practices to determine if critical limits are being met.

5. Developing and utilizing corrective action plans when failure to meet critical limits is detected.

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6. Establishing and maintaining a record keeping system to verify adherence to a HACCP plan.

7. Establishing a system of audits to:
a. Initially verify the effectiveness of the critical limits set and appropriateness of the determination of critical control points.
b. Periodically verify the effectiveness of the HACCP plan.

Z. Home Delivered Nutrition Services (C-2) – Provides nutritious home-delivered meals, nutrition education, and nutrition risk screening to individuals age sixty (60) and older who are homebound because of illness, incapacity, disability, or are otherwise isolated.

AA. Human Services (HS) – San Bernardino County Human Services, a system of integrated services, where the programs and resources of nine (9) County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort.

BB. Indirect Costs – Costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the cost objective specifically benefitted, without effort disproportionate to the results achieved.

CC. Matching Contributions – The value of third-party in-kind contributions and that portion of program and administrative costs funded (cash or in-kind) by the Contractor, subcontractor, or other local resources.

1. Cash – Cash other than program income contributed to the project from local or State funds. With the exception of Community Development Block Grants (CDBG), Federal funds cannot be used as match. Costs borne by the Contractor and cash contributions from any and all third parties, i.e., company/private donations, and vendor general fund, are considered cash matching funds.

2. In-Kind – Contributions from third parties are considered in-kind matching funds. Examples of in-kind match include volunteered time and use of facilities to hold meetings or conduct project activities.

DD. Non-matching Contributions – Local funding that does not qualify as matching contributions and/or is not being budgeted as matching contributions (e.g., Federal funds).

EE. Nutrition Education – Informing recipients of congregate and home-delivered meals about current facts and information that will promote improved food selection, eating habits, nutrition, health promotion, and disease prevention practices.

FF. Nutrition Screening – Completion of a nutrition screening checklist by eligible individuals to determine if they are at nutrition risk. A nutrition screening checklist is a federal public information collection requirement in the National Aging Program Information System (NAPIS), found in the Federal Register, Volume 59, No. 188, September 29, 1994.

GG. Nutrition Services – The procurement, preparation, transport and service of meals, nutrition education, and nutrition screening, to eligible individuals at congregate sites or in their homes.

HH. Nutrition Services Incentive Program (NSIP) – Refers to the United States Department of Agriculture’s (USDA) cash allotment or commodity program. The purpose of NSIP is to provide incentives and reward effective performance in the efficient delivery of nutritious meals to older individuals. Funding is based on the number of meals served in the prior year and available appropriation.

II. Older Americans Act (OAA) – The overall purpose of this act is to provide comprehensive, coordinated, community-based systems of service to persons age sixty (60) and older in order to enable them to maintain health, personal dignity, and independence (42 USCA §3001 et seq.).

JJ. Older Individual – A person sixty (60) years of age or older.

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KK. Office of Management and Budget (OMB) – The business division of the Executive Office of the President of the United States that administers the United States federal budget and oversees the performance of federal agencies.

LL. Personally Identifiable Information (PII) – Information, which can be used to distinguish or trace an individual’s identity, including, but not limited to, name, social security number, date of birth, address, children’s names Driver License number, and any computer-based address or identifier.

MM. Program Income – Revenue generated by the Contractor/subcontractor from contract-supported activities. Program income is:

1. Voluntary contribution received from a participant or responsible party as a result of services.

2. Income from usage or rental fess of real or personal property acquired with gran funds or funds provided under this Contract.

3. Royalties received on patents and copyrights from contract-supported activities

4. Proceeds from sale of items fabricated under a contract agreement.

NN. Registered Dietician – A person who shall be both:

1. Qualified as specified in Sections 2585 and 2586, Business and Professions Code, and

2. Registered by the Commission on Dietetic Registration.

OO. Reimbursable Item – Allowable cost and compensable item.

PP. Schedule of Expenditures of Federal Awards (SEFA) – A document for planning and conduction an audit organization which include federal award expenditures, transactions, cost reimbursements, etc.

QQ. Service Area – Defines a geographic area to be served under this program.

RR. Single Audit Entity – Non-Federal entities that expend $750,000 or more in a fiscal year in Federal awards. Single Audit Entities must have a single or program-specific audit conducted for the year in accordance with OMB Circular A-133.

SS. SOC 341 – Form used to report a suspected incident of abuse of an elder or dependent adult required under Welfare and Institutions Codes Sections 15630 and 15686(a)(1).

TT. State – State of California.

UU. Subcontract – To contract with a third party to perform all or part of the work included in this RFP and the resulting contract.

VV. Title III of the Older Americans Act – Authorizes grants to states and local entities for supportive and nutrition services.

WW. Title III C-1 (Congregate Nutrition Program) – Nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization. (22 CCR 7368.7 (a)).

XX. Title III C-2 (Home-Delivered Nutrition Program) – Home-Delivered Nutrition services for older individuals who are frail and homebound by reason of illness, disability, or isolation. (22 CCR 7368.7 (c)).

YY. United States Code (USC) – The official compilation and codification of the general and permanent federal statues of the United States.

ZZ. United States Department of Agriculture (USDA) – Department of the United States government that manages various programs related to food, agriculture, natural resources, rural development and nutrition.

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AAA. Volunteer – An individual who provides services without pay, but may receive reimbursement for expenses.

BBB. Welfare and Institutions Code (WIC) – Codes enacted by the California State Legislature which address services relating to welfare, dependent children, mental health, handicapped, elderly, delinquency, foster care, Medi-Cal, food stamps, rehabilitation and long-term care, etc.

II. CONTRACTOR SERVICE RESPONSIBILITIES
Contactor shall provide all services as outlined in the Scope of Work (Attachment C) and shall be compensated on a cost reimbursement basis.

III. CONTRACTOR GENERAL RESPONSIBILITIES
A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of San Bernardino County.

Contractor agrees to comply with the applicable federal suspension and debarment regulations, including, but not limited to Title 48 Code of Federal Regulations (CFR), Chapter 1, Subchapter B, Part 9.4. By signing this Contract, Contractor certifies that:

1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;

2. Have not within a three-year period preceding this Contract been convicted of or had a judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or a violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction or records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in Paragraph (A)(2) herein; and

4. Have not within a three-year period preceding this Contract had one (1) or more public transactions (Federal, State or local) terminated for cause or default.

B. Contractor shall not be identified as suspended or debarred on the federal System for Award Management’s (SAM) excluded list (https://www.sam.gov). If at any time during the term of this Contract, the County determines Contractor is identified as either suspended or debarred on the SAM, Contractor shall be considered in material breach of this Contract, and the County may proceed under the Correction of Performance Deficiencies at Section VII of this Contract, including immediate termination of this Contract. If Contractor becomes aware, at any point during the term of this Contract, that it is identified as suspended or debarred on the SAM excluded list, Contractor must immediately inform County. Such inclusion will be considered a material breach of the Contract and be sufficient grounds for immediate termination.

C. Without the prior written consent of the Assistant Executive Officer of Department Operations, this Contract is not assignable by Contractor either in whole or in part.

D. This is not an exclusive Contract. The County reserves the right to enter into a contract with other Contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation, under the terms of this Contract.

E. Contractor agrees to provide or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five (5) years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County Administrative Official” is

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defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer of the County or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

F. If during the course of the administration of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

G. Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

H. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DAAS through the HS Contracts Unit.

The County may withhold such consent in its sole discretion.

At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Paragraph CC of this Section III. All approved subcontractors shall be subject to the provision of this Contract applicable to Contractor Personnel, including removal pursuant to Paragraphs X and Y of this Section III.

For any subcontractor, Contractor shall:

1. Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions;

2. Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County; and

3. Include in the subcontractor’s subcontract substantially similar terms as are provided in this Contract.

I. Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within the San Bernardino County. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books.

All records relating to the Contractor’s personnel, contractors, subcontractors, service/scope of work and expenses pertaining to this Contract shall be kept in generally acceptable accounting format. Records should include, but are not limited to, monthly summary sheets, sign-in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Code of Federal Regulations (CFR) that state the administrative requirements, cost principles and other standards for accountancy. Please refer to http://www.ecfr.gov/cgi-bin/textidx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl for further information.

All records shall be complete and current and comply with all contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract.

J. Contractor shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers.

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K. Contractor shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible.

Vacancies and associated problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems.

L. Contractor shall immediately notify County of any foreseen or unforeseen events that will or may cause a disruption in services. Upon notice of a foreseen or unforeseen event that disrupts service, the Contractor shall apprise County of the steps being taken to provide and/or restore services expeditiously as possible.

M. Contractor shall designate an individual to serve as the primary point of contact for the Contract.

Contractor shall notify the County when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to County inquiries within two (2) County business days. Contractor shall not change the primary contact without written notice to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

N. Contractor shall repair, or cause to be repaired, at its own cost, all damage to County property, vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or employees or agents of the Contractor. Contractor shall also be responsible for damage caused by his/her staff to personal property of County employees. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. For such repairs, the Contractor shall repay all costs incurred by the County, by cash payment upon demand or County may deduct such costs from any amounts due to the Contractor from the County, as determined at County’s sole discretion.

O. Contractor shall provide a system, approved by the County, through which recipients of service shall have the opportunity to express and have considered their views and complaints regarding the delivery of services. The procedure must be in writing and posted in clear view of all recipients.

P. Contractor will ensure that staff are knowledgeable on the Client Complaint and Grievance Procedure, Older Americans Act Programs (Attachment A) and ensure that any complaints by recipients are referred to the County in accordance with the procedure.

Q. Contractor shall notify the County of all upcoming meetings of the Board of Directors or other governing party and shall keep the County apprised of any and all actions taken by its Board of Directors which may impact on the Contract. Board of Directors’ minutes shall be submitted to the County upon request. Further, a County representative shall have the option of attending Board meetings during the term of this Contract.

R. Contractor shall ensure that all staff, volunteers and/or subcontractors performing services under this Contract comply with the items below prior to providing any services. Additional information concerning these requirements is specified at http://hss.sbcounty.gov/Privacy. The information contained thereat is hereby incorporated by this reference.

1. Read, understand and comply with the Privacy and Security Requirements Summary.

2. Ensure employees, sub-contractors, agents, volunteers and interns who have access to PII complete the Privacy and Security Training and execute the training acknowledgement form and other training materials annually.

3. Ensure employees, sub-contractors, agents, volunteers and interns who have access to PII sign the Confidentiality Statement annually.

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4. Report actual, suspected or potential breaches of PII immediately to the Human Services Privacy and Security Office via e-mail at:

[email protected].

S. Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

T. Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialized and includes, but is not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

U. To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA) (Cal. Civil Code §§1798.100, et seq.). For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code Section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

V. Contractor shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency or to the appropriate Child Protective Services agency. This responsibility shall include:

1. Assurance that all employees, agents, consultants or volunteers who perform services under this Contract and are mandated by Penal Code Sections 11164 et seq. to report child abuse or neglect, sign a statement, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.

2. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency.

3. Provision for arrangement of training in child abuse reporting laws (Penal Code section 11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty (30) days of employment/volunteer activity.

W. Contractor agrees to and shall comply with the County’s Elder and Dependent Adult Abuse Reporting requirements: Under the terms of this Contract, as changes in the Elder and

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Dependent Adult Reporting Laws are enacted, the Contractor is bound to comply with the most current regulations.

1. Who Must Report: In accordance with Welfare and Institutions Code (W & I) Section 15630, all employees of the Contractor and its Subcontractors are mandated reporters of elder and dependent adult abuse. Contractor assures all employees, agents, consultants or volunteers who perform services under this Contract and are mandated to report elder and dependent adult abuse will sign a statement (SOC 341A) at http://www.cdss.ca.gov/cdssweb/entres/forms/English/SOC341A.pdf, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.

2. When to Report: Mandated reporters are required to report all instances of known or suspected abuse of the elderly and dependent adults immediately or as soon as practically possible, under the following circumstances:
a. When the mandated reporter has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse; or
b. When the mandated reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse.

3. To Whom to Report: Incidents of elder and dependent adult abuse must be reported to the correct agency as follows:
a. If the abuse has occurred in a long-term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long-Term Care Ombudsman or local law enforcement;
b. If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement;
c. If the abuse occurred anywhere other than a long-term care facility or State mental hospital or State developmental center, the report shall be made to Adult Protective Services or local law enforcement.

4. How to Report: Mandated reporters are required to take the following steps in all instances of known or suspected abuse of the elderly and dependent adults:
a. Place an immediate telephone call to Adult Protective services (1-877-565-2020) or local law enforcement to report the incident.
b. Within two (2) working days of making the telephonic report to the responsible agency, complete a written "Report of Suspected Dependent Adult/Elder Abuse" (SOC 341) form, http://www.cdss.ca.gov/Portals/9/FMUForms/QT/SOC341.pdf?ver=2018-11-15-132736-097. The completed form must be submitted to the same agency to which the incident was reported by telephone.

X. Contractor shall obtain from the Department of Justice (DOJ) records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code section 11105.3 prior to providing any services. This includes licensed personnel who are not able to provide documentation of prior DOJ clearance. A copy of a license from the State of California, which requires a DOJ clearance, is sufficient proof. The County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services.

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Y. Contractor shall notify the County of any staff member, member of the board of directors, paid intern or volunteer who is knowingly or negligently employed who has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify the County. In the County's discretion, the County may instruct Contractor to take action to either deny/terminate employment or terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services.

Contractor shall immediately notify the County concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, member of the board of directors, agent, consultant, intern, or volunteer staff, when such information becomes known to Contractor.

Z. In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

1. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

2. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

3. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

AA. Contractor shall make every reasonable effort to prevent employees, consultants or members of its governing bodies from using their positions for purposes that are or give the appearance of being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis.

BB. Contractor shall adhere to the County’s Travel Management Policy (08-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

CC. Contractor agrees to and shall comply with the following indemnification and insurance requirements:

1. Indemnification – The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages,

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and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

2. Additional Insured – All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy.

Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.1185.

3. Waiver of Subrogation Rights – The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

4. Primary and Non-Contributory – All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the County.

5. Severability of Interests – The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

6. Proof of Coverage – The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

7. Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A-VII”.

8. Deductibles and Self-Insured Retention – Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to Risk Management.

9. Failure to Procure Coverage – In the event that any policy of insurance required under this Contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

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10. Insurance Review – Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

11. The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
a. Workers’ Compensation/Employers Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this Contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
b. Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:

1. Premises operations and mobile equipment.

2. Products and completed operations.

3. Broad form property damage (including completed operations).

4. Explosion, collapse and underground hazards.

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5. Personal injury.

6. Contractual liability.

7. $2,000,000 general aggregate limit.
c. Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one (1) or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
d. Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
e. Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim or occurrence and two million ($2,000,000) aggregate limits.
or
Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits. or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion. f. Environmental Liability Insurance – In addition to the Basic Requirements/Specifications for all contracts, any contract that involves the use handling, transportation, storage, abatement, containment or testing of any substance that is potentially toxic or hazardous to the environment, including but not limited to, those listed as hazardous by the United States Department of Transportation or the CAL OSHA “Director’s list of Hazardous Substances” or listed as radioactive by the Nuclear Regulatory Commission, shall have the following additional requirements.

1. Environmental Liability Insurance with a combined single limit of not less than five million ($5,000,000) per claim or occurrence and a separate aggregate for the contract project. The required additional insured endorsement shall protect the County without any restrictions.

2. If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the

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contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion. g. Abuse/Molestation Insurance – The Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.
h. Cyber (internet) and Electronic Data Processing (EDP) Insurance – Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.

DD. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby.

Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract.

EE. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract.

FF. Contractor agrees to and shall comply with the County’s Equal Employment Opportunity Program, Employment Discrimination, and Civil Rights Compliance requirements:

1. Equal Employment Opportunity Program – The Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the San Bernardino County and all rules and regulations adopted pursuant thereto: Executive Orders 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250; Title VII of the Civil Rights Act of 1964; Division 21 of the California Department of Social Services Manual of Policies and Procedures; California Welfare and Institutions Code section 10000), the California Fair Employment and Housing Act; and other applicable federal, state, and county laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted.

2. Employment Discrimination – During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment or service recipient because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

3. Civil Rights Compliance – The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation.

These policies must be developed into a Civil Rights Plan, which is to be on file with the County Human Services Contracts Unit within thirty (30) days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison.

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Upon request, the County shall supply a sample of the Plan format. The Contractor shall be monitored by the County for compliance with provisions of its Civil Rights Plan.

Contractor is required to maintain and provide a current Civil Rights Plan for the duration of the Contract and submit the Assurance of Compliance form (Attachment B) annually. a. Recognize any same-sex marriage legally entered into in a United States (U.S.) jurisdiction that recognizes their marriage, including one of the fifty (50) states, the District of Columbia, or a U.S. territory, or in a foreign country so long as that marriage would also be recognized by a U.S. jurisdiction. This applies regardless of whether or not the couple resides in a jurisdiction that recognizes same-sex marriage. However, this does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. Accordingly, recipients must review and revise, as needed, any policies and procedures which interpret or apply federal statutory or regulatory references to such terms as "marriage," "spouse," “family," "household member"' or similar references to familial relationships to reflect inclusion of same-sex spouse and marriages. Any similar familial terminology references in the U.S. Department of Health and Human Services' (HHS) statutes, regulations, or policy transmittals will be interpreted to include same-sex spouses and marriages legally entered into as described herein. [USC 7-Section 3 of the Defense of Marriage Act] b. The Contractor and its Subcontractor Vendors shall comply with Governor's Executive Order 2-18-2011, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or “Stuff We All Get.”

4. Equity – Contractor shall adhere to and participate in County efforts ensuring all individuals and communities have equal access and opportunity to health and wellbeing by providing culturally and linguistically appropriate services to all people of color and culture, age, disabilities, gender, sexual orientation or gender identity including people with limited English proficiency (LEP). Services provided must be respectful of and responsive to the cultural and linguistic needs of County residents. a. Contractor shall assess the demographic make-up and population trends of its service area to identify the cultural and linguistic needs of the eligible service population. Such studies are critical to designing and planning for providing appropriate, effective and equitable services.
b. Contractor shall partner with and support community partners in addressing disparities in family stability, health and mental wellness, education, employment, housing and overall delivery of human services. Partnering includes opportunities for partners and community members to design, implement and evaluate practices, and services ensuring equity and cultural and linguistic appropriateness.
c. Contractor shall work with County to communicate and provide opportunities for individuals and communities of color and culture to provide feedback on progress and outcomes achieved to address disparities in family stability, health and mental wellness, education, employment, housing and overall delivery of human services.
d. Contractor shall recruit, promote and support a culturally and linguistically diverse workforce that is responsive to and represents the population being served. This includes trained and competent bilingual staff.
e. Contractor shall provide training to enhance its workforce knowledge on cultural and linguistic competence. Becoming culturally and linguistically competent is a developmental process and incorporates at all levels the importance of culture, the assessment of cross-cultural relations, vigilance towards the dynamics that result from cultural differences, the expansion of cultural knowledge, and the

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adaptation of services to meet culturally-unique needs. Providing services in a culturally appropriate and responsive manner is fundamental in any effort to ensure success of high quality and cost-effective health and human services.

Offering those services in a manner that fails to achieve its intended result due to cultural and linguistic barriers does not reflect quality of care and is not costeffective. f. To ensure equal access to quality care for diverse populations, Contractors providing health and health care services may adopt the Federal Office of Minority Health Culturally and Linguistically Appropriate Services (CLAS) national standards.
g. Upon request, Contractor will provide County Human Services evidence of adherence to requirements listed above.

GG. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA).

HH. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (California Code of Regulations title 20, section 1401 et seq.).

II. If the amount available to Contractor under this Contract, as specified in Section V, Paragraph A, exceeds $100,000, Contractor agrees to comply with the Clean Air Act (42 U.S.C. Section 7606), section 508 of the Clean Water Act (33 U.S.C. section 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 C.F.R. section 1.1 et seq.).

JJ. In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the County in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractors must also be able to report on environmentally preferable goods used in the provision of Services to the County, utilizing a County approved form.

KK. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each Party to this Contract shall bear its own attorney’s fees and costs regardless of who prevails in the outcome of the dispute.

LL. Contractor shall register with 211 San Bernardino County Inland Empire United Way within thirty (30) days of contract effective date and follow necessary procedures to be included in the 211 database. The Contractor shall notify the 211 San Bernardino County Inland Empire United Way of any changes in program services, location or contact information within ten (10) days of any change. Services performed as a result of being included in the 211 database, are separate and apart from the services being performed under this Contract and payment for such services will not be the responsibility of the County.

MM. Contractor agrees that any news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County shall not be made or used without prior written approval of the DAAS Director or their designee, and shall include County approved branding.

NN. The Contractor, by signing this Contract, hereby certifies to the best of his or her knowledge and belief, that:

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1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of and federal contract, grant, loan or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities” form (Attachment D), in accordance with its instructions.

OO. IRAN CONTRACTING ACT 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/List-of-IneligibleBusinesses#@ViewBag.JumpTo) as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Contractor agrees that signing the Contract shall constitute signature of this Certification.

PP. Contractor shall comply with the Environmental Tobacco Smoke/Pro-Children Act of 1994 (20 U.S.C 6081 et seq.).

QQ. Contractors shall complete and submit Information Sheet (Attachment E) in accordance with its instructions.

RR. Department of Aging and Adult Services contract with California Department of Aging, Article II Paragraph A (23), requires DAAS to provide contractors with additional resources for their customers called Community Focal Points List (Attachment F).

IV. COUNTY RESPONSIBILITIES
County shall:

A. Monitor and evaluate the performance of the Contractor in meeting the terms of the Contract and the quality and effectiveness of services provided based on the criteria as determined by the County.

B. Provide consultation and technical assistance in monitoring the terms of this Contract.

C. Compensate the Contractor for approved expenses in accordance with Section V of this contract.

V. FISCAL PROVISIONS
A. The maximum amount payable under this Contract shall not exceed $1,220,000, of which a portion will be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

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B. Contract shall be compensated on a cost reimbursement basis, limited to the obligations and expenditures outlined in the Program Budget (Attachment H) annually, attached hereto and incorporated by reference into this Contract. The Program Budget (Attachment H) will be revised annually, but shall not exceed the aggregate amount over the term of the Contract.

C. Matching Contributions

1. The Contractor shall provide in-kind matching contributions for all Federal Title III funding provided under this contract at a rate of 11.11%. The exact amount will be stated on budget received with annual allocation.

2. Matching contributions must be allowable costs as determined by CDA. Allowable costs may include, but are not limited to, rent, utilities, supplies, and personnel (volunteers).

3. Uncompensated indirect expense or Contractor allocated overhead expenses may be claimed as an in-kind matching expense if such expenses were determined on the basis of an approved indirect cost rate plan.

4. Contractor shall provide a Matching Funds Narrative (Attachment I) to DAAS with the submittal of the initial budget identifying the type, rates applied and, if applicable, source/location of allowable costs to be used as matching contributions for the period of the Contract. The identified matching contributions shall be reported to DAAS by the Contractor on a monthly or quarterly basis as specified in Section V, Paragraph D. a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor does not have similar work, the rate shall be consistent with those in the labor market. b. All other in-kind contributions shall be valued at current market value.

D. Reports

1. Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports, data, and information requested by DAAS pertaining to the Contractor’s performance of services hereunder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. (In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control. Contractor shall meet the following standards for the submission of required financial reports:
a. Financial Reporting – Accurate, current and complete disclosure of the financial results of the program shall be made in accordance with the financial reporting requirements of this Contract. The following reports are to be submitted to DAAS when indicated:
1) Monthly
a) Monthly Expenditure Report (Attachment J) (Request for reimbursement) form – Due to DAAS Administration, Aging Fiscal, along with all back-up documentation by the 10th working day of the month following the month of services to the address stated below:

DAAS Administration
Attention: Aging Fiscal
Nutrition Program Staff Analyst
784 E. Hospitality Lane
San Bernardino, CA 92415-0515

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2) Annually – The following reports are due on an annual basis by no later than July 15:
a) Financial Close-out Report
b) Periodic Inventory Report
c) Single Audit or Financial Statement
d) Schedule of Expenditures of Federal Awards (SEFA)
3) Single Audit – If Contractor is a Single Audit entity as defined in this Contract, Contractor shall:
a) Communicate the Catalog of Federal Domestic Assistance (CFDA) number to the independent auditor conducting the organization’s Single Audit. The CFDA number for the III C Services is 93-045 and 93.053.
b) Provide a copy of Contractor’s Schedule of Expenditures of Federal Awards (SEFA) to DAAS on an annual basis.

E. Under normal conditions, Contractors shall expect payment approximately sixty (60) days after submission of a correctly prepared invoice.

F. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

G. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

H. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

I. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations.

J. Upon written demonstration of need by Contractor and at the option of County, funds may be advanced to Contractor by County upon approval of the Director of DAAS. Any such advance will cause the amounts payable to Contractor in the first ten (10) months of the payment year to be reduced by the amount determined by dividing total advance by ten (10). No advance will increase the amount shown in Paragraph A of this Section. In the event of early termination, the Contractor shall pay the remaining balance due to the County within thirty (30) calendar days.

If as a result of advanced income, the project earns interest on funds awarded by DAAS, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file.

Contractor shall expend all funds received hereunder in accordance with this Contract.

DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by DAAS and/or CDA not to be in compliance with this Contract, or inappropriate to such activities, or for which there is inadequate supporting documentation presented, or for which prior approval is required but not granted.

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Contractor shall return to DAAS, immediately upon written demand, any funds provided under the Contract which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Contract, or the dissolution of the entity.

K. Contractor shall maintain accounting records to account for the funds received under the terms and conditions of this Contract separate from any other funds administered by the Contractor.

Contractor shall maintain records in accordance with generally accepted accounting principles.

L. General program income shall be used to increase the number of elderly served by a project, to facilitate access to such meals, and to provide supportive services directly related to nutrition as defined in the Scope of Work (Attachment C). General program income shall be used within the program in which it was earned.

M. The Contractor shall request a budget amendment, in writing, in advance of expenditures: 1) when aggregate expenditures are expected to exceed an approved budgeted line item by more than fifteen (15%) percent; or 2) to add a new budget line item. No budget revision may result in an increase of the maximum dollar amount stated in Paragraph A, of this Section. The written request must specify the changes requested, by line item and amount, and must include justification. Prior to implementation of a budget revision, the County shall approve (or deny) the budget revision request. The County has the authority to approve line item budget changes to the budget herein, as long as these changes do not exceed the total contract amount. County shall notify the Contractor in writing of the status of the budget revision request within fourteen (14) calendar days of receipt of the Contractor’s written request. The County reserves the right to deny the Contractor’s invoice for expenditures in excess of the approved budgeted line item amount.

VI. RIGHT TO MONITOR AND AUDIT
A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract.

B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. Contractor shall repay to the County within thirty (30) days of receipt of audit findings any reimbursements made by County to Contractor that are determined by subsequent audit to be unallowable pursuant to the terms of this Contract or by law.

C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract.

D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by county, federal and state representatives for a period of three (3) years after final payment under the Contract or until all pending county, state, and federal audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County’s reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and may be deducted from the following month's claim for reimbursement.

E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor.

F. Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within sixty (60) days after the termination of

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the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit.

G. Pursuant to Code of Federal Regulations (CFR) – Title 2 CFR 200.501, Contractors expending $750,000 or more in federal funds within the Contractor’s fiscal year must have a single audit or program-specific audit performed. A copy of the audit performed in accordance with Code of Federal Regulations (CFR) – Title 2 CFR 200.501 shall be submitted to the County within thirty (30) days of completion, but no later than nine (9) months following the end of the Contractor’s fiscal year. Please refer to http://www.ecfr.gov/cgi-bin/text-idx?node=se2.1.200_1501&rgn=dv8 for further information.

H. The following closely related programs identified by the Catalog of Federal Domestic Assistance (CFDA) number are to be considered as an "Other cluster" for purposes of determining major programs or whether a program specific audit may be elected. The Contractor shall communicate this information to the independent auditor conducting the organization's single audit.

US Department of Health and Human Services:

Number 93.045 Older Americans Title III Grants for State and Community Programs on Aging
Number 93.053 Older Americans Act Section 311 – Nutrition Services Incentive Program
I. County is required to identify the Contractor Data Universal Numbering System (DUNS) numbers and Federal Award Identification Number (FAIN) in all County contracts that include Federal funds or pass through of Federal funds. This information is required in order for the County to remain in compliance with 2CFR Section 200.331, and remain eligible to receive Federal funding. The Contractor shall provide the Contractor name as registered in DUNS, as well as the DUNS number to be included in this Contract. Related FAIN will be included in this Contract by the County.

Contractor Name as
registered in DUNS City of San Bernardino
DUNS 805349206
FAIN
2201CAOACM-01 (Congregate Meals)
2201CAOANS-01 (Nutrition Services Incentive Program
2101CAHDC5-00 (HDC5) Consolidated Appropriations Act, 2021 suppl. Funding, nutrition OOA Title III C-2
2101CACM6-00 (American Rescue Plan (ARP) for Congregate Meals under Title III-C1 of the OAA
2101CAHD6-00 (American Rescue Plan (ARP) for Home
Delivered Meals under Title III-C2 of the OAA
VII. CORRECTION OF PERFORMANCE DEFICIENCIES
A. In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone.

B. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

C. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract.

1. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or

2. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or

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3. Withhold funds pending duration of the breach; and/or

4. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "2" of this paragraph; and/or

5. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

D. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one (1) or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies.

VIII. TERM
This Contract is effective as of July 1, 2022 and expires June 30, 2025, but may be terminated earlier in accordance with provisions of Section IX of the Contract. The Contract term may be extended for two (2) additional one-year periods by mutual agreement of the parties.

IX. EARLY TERMINATION
A. The County may terminate the Contract immediately under Section V. Paragraph A, if funds are not available to the County, and under the provisions of Section VII, Paragraph C, Item 5 of the Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant Executive Officer of Department Operations is authorized to exercise the County’s rights with respect to any termination of this Contract.

B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination.

C. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

X. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below.

Contractor: City of San Bernardino
600 West 5th Street
San Bernardino, CA 92410
County: San Bernardino County
Human Services
Attn: Contracts Unit
150 S. Lena Road
San Bernardino, CA 92415-0515
B. In the event of any inconsistency between the terms of this Contract and any forms, attachments, statements of work (SOW), or specifications which may be incorporated into this Contract, the following order of precedence shall apply:

1. This Contract;

2. Attachments to this Contract, as indicated herein; and

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3. Price lists, SOWs, and other documents attached hereto or incorporated herein.

C. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

D. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate any contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

E. Time is of the essence in performance of this Contract and each of its provisions. Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

F. Contractor shall sign and return a Contractor/Vendor Confidentiality Statement (Attachment L) with this Contract to ensure Contractor is aware of, and agrees to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure.

G. Contractor shall complete the Security Incident Report (Attachment M) when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization, or are lost or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. The Security Incident Report must be submitted to DAAS within five (5) business days of the date the incident was detected.

H. Equipment – All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) which has a single unit cost of five hundred dollars ($500) or more, including tax, purchased with funds received under the terms of this Contract and not fully consumed in one (1) year shall be the property of the County, unless otherwise required by Funding Source, and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by County when the Contract is terminated. Additional terms are as follows:

1. The purchase of any furniture or equipment which exceeds a single unit cost of five hundred dollars ($500) and/or was not included in the Contractor’s approved budget, shall require the prior written approval of County, and shall fulfill the provisions of the Contract which are appropriate and directly related to Contractor’s services or activities under the terms of the Contract. County may refuse reimbursement for any cost resulting from such items purchased, which are incurred by Contractor, if prior written approval has not been obtained from County.

2. Before equipment purchases made by Contractor are reimbursed by county, Contractor must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract.

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3. Contractor shall submit an inventory of equipment purchased under the terms of this Contract as part of the monthly activity report for the month in which the equipment is purchased.

4. At the termination of this Contract, Contractor shall provide a final inventory to county and shall at that time query County as to requirements, including the manner and method in returning said equipment to County. Final disposition of such equipment shall be in accordance with instructions from County.

I. The State and County shall have all ownership rights in software or modifications thereof and associated documentation designed, developed or installed with Federal financial participation.

The Federal Government (Department of Health and Human Services) reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize others to use for Federal Government purposes, such software modification, and documentation. Proprietary software packages that are sold or leased to the general public are not subject to the ownership provisions.

J. County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with County prior to publication. Contractor shall receive written permission from County prior to publication of said training materials.

K. All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and product, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section VIII, Term.

Unless otherwise directed by County, Contractor may retain copies of such items.

L. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.

M. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.

N. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected.

O. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in San Bernardino County, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts.

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P. In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

Q. The parties actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall remain in full effect.

R. In the event that a subpoena or other legal process commenced by a third party in any way concerning the services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise proceed herein in connection with defense obligations by Contractor for County.

S. This Contract supersedes and replaces all previous contracts, agreements and understandings, oral, written and implied, between the County and Contractor hereto with respect to the subject matter hereof. All such prior contracts, agreements and understandings are hereby terminated and deemed of no further force or effect.

T. Neither party shall be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than thirty (30) days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Contract affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.

U. The County desires that Municipalities, School Districts, and other Tax Districts within the San Bernardino County requiring the same services provided herein may at their option and through the County Purchasing agent, avail themselves of this Contract. Upon notice, in writing, the Contractor agrees to the extension of the terms of a resultant contract with such governmental bodies as though they have been expressly identified in this Contract, with the provisions that:

1. Such governmental body does not have and will not have in force any other contract for like purchases.

2. Such governmental body does not have under consideration for award any other bides or quotations for like purchases.

Such governmental body shall make purchases directly through and to the Contractor. The County will not be liable for any such purchase made between the Contractor and another governmental body who avails themselves of this Contract.

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XI. CONCLUSION
A. This Contract, consisting of 29 pages and Attachments A through M, is the full and complete document describing services to be rendered by Contractor to County, including all covenants, conditions, and benefits.

B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

C. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

D. IN WITNESS WHEREOF, the Board of Supervisors of San Bernardino County has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month, and year written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jacqueline Carey-Wilson, Deputy County Counsel Patty Steven, Contracts Manager Sharon Nevins, Director Date Date Date

SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Lydie Gutfield
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Title

DIRECTOR OF PARKS, RECREATION

AND COMMUNITY SERVICE
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County (Print or Type)
By Dated:

Deputy
Address 290 North D Street
San Bernardino, CA 92401

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CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
Purpose: To provide an orderly procedure for reviewing and resolving grievances promptly and to facilitate the resolution of grievances informally at the lowest level possible. Recipients of services provided by the Older Americans Act programs or persons authorized to act on their behalf can file a complaint against contractors, volunteers, and employees of programs administered by the local Area Agency on Aging (San Bernardino County Department of Aging and Adult Services – DAAS).

Reference: Title 22, Article 5. Grievance Process
Note: You have a right to confidentiality and your right to privacy will be respected to the extent possible. Only information relevant to your complaint will be released to the responding party unless you consent otherwise.

Complaints
May involve, but are not limited to, any or all of the following:
• Amount or duration of a service.
• Denial or discontinuance of a service
• Dissatisfaction with the service provided or with the service provider. • If your complaint involves an issue of professional conduct that is under the jurisdiction of another entity, you will be referred to the appropriate organization to pursue your complaint. • Failure of the service provider to comply with any of the requirements in the contract or regulations.
• If you believe you have been discriminated against or that there has been a violation of any laws or regulations.

Instructions
Complete the attached form and provide the requested information:
• Name, mailing address, and telephone number of complainant or person authorized to act on behalf of the complainant.
• Date and time of occurrence and names of individuals involved. • Name of Service Provider, and type of service involved. • Description of the grievance. Be as specific as possible. • Names of witnesses and contact information, if any.
• If applicable, cite the alleged violation of regulation, law or policy. • Requested remedy or resolution.
• Signature

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First Level of Grievance
The service provider (Contractor) is the first administrative level of resolution for complaints from recipients of services or persons authorized to act on their behalf. If the service is provided without a contractor and directly by DAAS, the complaint will be investigated and responded to by DAAS Administration at this level.

Time Frame
• Within one (1) week of alleged violation complete the grievance form and notify the contract provider.
• If possible, discuss issue with contract provider and make a good faith effort to resolve.

Contractor will issue a written response no later than ten (10) business days after receipt of grievance or from date of discussion.
• If resolved at this level no further action is required. If your complaint is not resolved, you may appeal the decision of the provider to the Second Level.

Second Level Grievance
The provisions of this section shall apply to both of the following:
• When the AAA (DAAS) is the service provider and the subject of the complaint. • When the complaint from older individuals or persons authorized to act on their behalf are dissatisfied with the contractor’s response at the first level of review.

Time Frame
If the contract provider at the first level of the grievance procedure does not resolve your complaint, you may appeal their decision to the second level of review within fifteen (15) business days of their written decision.

Note the following:
• All Complaints must be in writing and contain the information referenced in the “First Level of Grievance.”
• If a complainant cannot submit a written complaint at this level, the complainant may request DAAS to verbally accept the complaint or assistance in writing out the complaint. • If DAAS writes out the complaint, the complainant must review and sign the written complaint.

Complaints maybe hand delivered or mailed to the following address:

Department of Aging and Adult Services (DAAS)
Attention: APS Program Deputy Director
784 East Hospitality Lane
San Bernardino, CA 92408-3501
Or fax to: 909-891-3940

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Second Level Grievance Processing:
• A good faith effort will be made to resolve the complaint. • The Deputy Director or designee will conduct an impartial investigation of the written complaint. • A written response will be prepared and issued no later than fifteen (15) business days after receipt of the complaint.
• The written response will address the merits of the complaint and will either resolve the issues at dispute, or deny the complaint with an explanation.
• If the complainant is not satisfied with the decision at this level, they may exercise their right to request an administrative hearing pursuant to Section 7406 of Title 22.

Final Grievance Resolution
• Any complainant dissatisfied with the results of the review conducted at the second level grievance step may appeal the decision within thirty (30) days from the receipt of their written report and request a hearing to present his/her complaint orally before an impartial hearing officer/panel.
• The request for a hearing can be made either orally or in writing to the Director of San Bernardino County, Department of Aging and Adult Services. • No later than forty-five (45) days from the receipt of the hearing request, a hearing will be scheduled.
• The complainant will be notified of the following:
The date, time, and location of the hearing.
The complainant's and other party's right to be present at the hearing and/or to have another person act on their behalf, including the right to have legal counsel present.

Hearing Procedure
• An impartial hearing officer or panel will chair manage the hearing. • All persons testifying at the hearing will be placed under oath or affirmation • The hearing will be informal with testimony being restricted to the issues requiring resolution. • Technical rules of evidence and procedure will not apply at the hearing. • During the hearing all parties will have the right to:
Present evidence and witnesses;
Examine witnesses and other sources of relevant information and evidence; Be recorded verbatim, either electronically or stenographically.

Conclusion of the Hearing
• No later than thirty (30) days after the date of the hearing was held, the hearing officer/panel will prepare a proposed decision based upon all relevant evidence presented and will consider applicable policies, procedures, regulations, and laws governing the program in reaching a decision.
• The proposed decision will include the following:
A description of each issue.
A statement indicating the complaint was upheld or denied. In the case of complaints that are upheld, an explanation of the remedy will be included. A citation of applicable laws and regulations.

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The proposed decision will be forwarded to either the Director of DAAS for the issuance of a final decision.
If the complaint is against the Director of DAAS, the proposed decision will be forwarded to the Chairperson of the Governing Board for the issuance of a final decision. No later than thirty (30) days after receipt of the proposed decision, the director or the chairperson shall either adopt the proposed decision as the final decision or write a new final decision.
The decision will be mailed to the parties involved.
The decision is final and not subject to appeal
The decision will include procedures for ensuring that the remedies, if any, specified in the final decision are implemented.

Civil Rights
If you believe that your civil rights have been violated, please contact:

Deputy Director, Administration
Department of Aging and Adult Services
784 East Hospitality Lane
San Bernardino, CA 92415-0640

GRIEVANCE PROCEDURE CERTIFICATION
This is to certify that I have read, understood, and received a copy of the Client Complaint and Grievance Procedures for Older Americans Act Programs.
_______________________________________________ __________________ Signature of Service Recipient Date

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Grievant Signature Date Filed
Grievance/Complaint Form
Older Americans Act
Programs
Remedy Sought
Grievance Description (Clear concise statement. Attach additional sheets if necessary) Date of Action Causing Grievance Date of Meeting with Contract Provider Grievant Name Name of Service Provider
Home Address Telephone Number

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Reviewers Printed Name
Level II Decision (Attached on separate sheet)
I concur and do not appeal for Hearing I do not concur and request a Hearing I concur and do not appeal to the 2nd
Level
I do not concur and appeal to the 2nd
level
Reason for Appeal
Grievance Review - Level II
Date Received Level II Reviewer Signature Response Date Grievance Review - Level I
Date Received Level I Reviewer Signature Response Date
Reviewers Printed Name
Level I Decision (Attached on separate sheet)

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Date Received
Reason for Appeal For
Hearing

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ASSURANCE OF COMPLIANCE STATEMENT

ASSURANCE OF COMPLIANCE WITH THE

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS ____________________CITY OF SAN BERNARDINO______________________

NAME OF THE CONTRACTING AGENCY
(Hereinafter called the “Agency”)
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular 7 CFR section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 11135-11139.8, as amended; California Government Code section12940 (c), (h), (i), and (j); California Government Code section 4450; California Code of Regulations sections 11140-11200; Title 24 of the California Code of Regulations, Section 3105A(e); the Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state assistance; and HEREBY GIVES ASSURANCE THAT, it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE AGENCY HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the Agency agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135-11139.8, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the Agency directly or through contract, license, or other provider services, as long as it receives federal or state assistance; and shall be submitted annually with the required Civil Rights Plan Update.
____________________ ________________________________________

DATE SIGNATURE
CITY OF SAN BERNARDINO_________________

ORGANIZATION

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San Bernardino County
Elderly Nutrition Program
Scope of Work
This Scope of Work contains the measurable objectives mandated by the Department of Aging and Adult Services (DAAS) and the California Department of Aging (CDA) and required of the Elderly Nutrition Program (ENP) Contractor. The Scope of Work specifies and establishes monthly, quarterly, and annual time frames and constitutes the primary document for ongoing monitoring and annual Program and Fiscal monitoring. It will be used to measure the Contractor’s efforts toward providing quality nutrition services.

Contractor: City of San Bernardino
Region: East Valley
Service Area: Highland and San Bernardino
I. Program Description
A. The purpose of the ENP is to promote the general health and well-being of older individuals by reducing hunger, food insecurity, and malnutrition. It is also designed to encourage socialization to improve overall health outcomes. ENP providers procure, prepare, transport, and serve meals to eligible individuals. Providers also conduct nutrition screenings and provide nutrition education at congregate sites and/or individuals’ place of residence.

B. The goal of the ENP is to maintain or improve the physical, psychological, and social well-being of older individuals by providing or securing appropriate nutrition services and offering opportunities for socialization.

C. Objectives of the ENP are to:

1. Give preference to older individuals in greatest economic or social need with particular attention to low-income minority individuals.

2. Serve meals that provide one-third (1/3) of the Dietary Reference Intakes (DRIs) and are safe and of good quality.

3. Promote and maintain high food safety and sanitation standards.

4. Promote good health behaviors through nutrition education and nutrition screening of participants.

5. Promote or maintain coordination with other nutrition-related supportive services for older individuals.

D. The ENP’s target population are individuals who are sixty (60) years of age or older, with an emphasis on those in greatest economic and social need with particular

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attention to low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas. The ENP shall:

1. Provide at least one (1) meal per day.

2. Serve meals at least five (5) days per week throughout the service area. a. Contractor operating at a lesser frequency in a service area where such a frequency is not feasible must obtain approval by the Director of DAAS.

Requests must be submitted in writing.

II. Eligibility for Nutrition Services
A. Eligible service population are those who are age sixty (60) or older with an emphasis on those in greatest economic and social need with particular attention to low-income minority older individuals.

1. Congregate Meals – Individuals eligible to receive a meal at a congregate nutrition site are:
a. Any older individual sixty (60) or older.
b. The spouse of any older individual.
c. A person with a disability, under age sixty (60), who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
d. A disabled individual who resides at home with and accompanies an older individual who participates in the program.

2. Volunteer Meals:
a. A volunteer under age sixty (60) may be offered a meal if doing so will not deprive an older individual of a meal.
b. A written policy for providing and accounting for volunteer meals shall be developed by the Contractor and implemented upon approval by DAAS.

3. Home-Delivered Meals – Individuals eligible to receive a home-delivered meal are:
a. Individuals who are age sixty (60) and frail, as defined below, homebound by reason of illness, disability, or otherwise isolated. 1) “Frail” is defined as an older individual is determined to be functionally impaired because the individual either:
a) Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility, and associated tasks, without substantial human assistance, including verbal reminding, physical cueing, or supervision.
b) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a serious health or safety hazard to the individual or to others.
b. A spouse of a person in sub-section (C)(1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual.

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c. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. d. Priority shall be given to older individuals in sub-section (C)(1) above.

III. Requirements for Nutrition Services
A. Congregate Meals

1. Each Congregate Meal Contractor shall:
a. Include procedures for obtaining the views of participants about the services received.
b. Not preclude the service of a meal to a participant who has failed to make a reservation when food is available.
c. Ensure each Congregate Meal participant completes the Client Intake Sheet (provided by DAAS) on the first day of service and annually thereafter.
d. Maintain appropriate documentation on each client. Documentation shall be kept on file to be monitored by DAAS.

2. Each Congregate Meal site shall meet all of the following:
a. Be open to the public.
b. Be maintained to allow unrestricted and safe access to the meal site. c. Have a paid staff or volunteer designated to be responsible for the day-today activities at each site, and physically be on-site during the time that ENP activities are taking place.
d. Have restrooms, lighting, and ventilation, which meet the requirements of the California Retail Food Code (CRFC).
e. Have equipment, including tables and chairs, which are sturdy and appropriate for older individuals. Tables shall be arranged to assure ease of access and encourage socialization.

B. Home-Delivered Meals

1. Each Home-Delivered Meals Contractor shall:
a. Develop and implement criteria to assess the level of need for homedelivered nutrition services of each eligible participant. b. An initial determination of eligibility may be accomplished by telephone.

This initial contact with the participant shall include completion of sections 1, 2, and 3 of the Client Intake Sheet (provided by DAAS). c. A written assessment shall be done in the home within two (2) weeks of beginning meal service, and shall include an assessment of the type of meal appropriate for the participant in their living environment. d. An older individual eligible for receiving home-delivered meals shall be assessed for need of nutrition-related supportive services, and referred as necessary.
e. Re-assessment of need shall be determined quarterly. Such reassessment shall be done in the home of the participant at least annually.

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Each re-assessment shall include completion of sections 1, 2, and 3 of the Client Intake Sheet (provided by DAAS).

2. Provide written instructions, in the language of the majority of the participants, for handling and re-heating of the meals.

3. Provide home-delivered meals in pre-packaged divided trays (hot or frozen meals).

4. Maintain appropriate documentation on each client. Documentation shall be kept on file to be monitored by DAAS.

C. Nutrition Services Annual Outcomes

1. Number of Days of Service: Meals are served at least five (5) days per week unless approved by the Director of DAAS.

2. Total Number of Meals to be served: A minimum of one (1) meal per day will be served to each eligible individual.

3. Number of Unduplicated Clients: A client is counted only once, no matter how many meals or services the client receives during a funding year. A participant who receives services throughout the year should be counted no more than one time for the purpose of reporting unduplicated client numbers.

A minimum of 95% of the total number of unduplicated clients and meals must be served. The Director of DAAS must approve requests to serve less than 95% of the total number of unduplicated clients and meals. All such requests must be in writing.

Program: C-1 (Congregate Meals)
Number of Days of Service: 257
Number of Meals: 50,273
Number of Unduplicated Clients: 250
Congregate Meal Site Location(s): 6
Region Site Name, City Meals Unduplicated
Clients
East Valley
5th Street Senior Center, San Bernardino 17,700 100
New Hope Family Life Center (Enterprise), San Bernardino 2,084 12 Perris Hill Senior Center, San Bernardino 12,443 60
Highland Senior Center, Highland 12,850 50
Lytle Creek Community Center, San Bernardino 2,598 14
Hernandez Community Center, San Bernardino 2,598 14
Program C-2 (Home-Delivered Meals)
Number of Days of Service: N/A
Number of Meals: N/A
Number of Unduplicated Clients: N/A
Home-Delivered cities to be served: N/A
Region City Meals Unduplicated Clients

N/A N/A N/A N/A

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D. Nutrition Education Services for Participants

1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home-delivered meal programs. a. Nutrition Education for congregate sites may be delivered in person or via video, audio, online or distribution of hardcopy materials. Examples include, demonstrations, presentations, social media message (includes text messages), newsletters, lectures or small group discussions, all of which may be augmented with printed materials.
b. Nutrition Education for home-delivered meal participants may consist solely of printed material.

2. Nutrition Education shall be based on the particular need of congregate and home-delivered meal participants.

An annual Needs Assessment shall be performed by the ENP Contractor to make this determination. Contractor will develop a Nutrition Education Plan based on the Needs Assessment.

3. The Nutrition Education Plan and annual Needs Assessment tabulated results must be submitted to DAAS by August 1st of the fiscal year in which it is being provided. The Contractor must keep the completed assessment and the tabulated results on file.

4. Nutrition Education sessions must be reported monthly to DAAS using the Nutrition Education Monthly Service Unit Report.

E. Nutrition Education Annual Outcomes:

The unit of measure for Nutrition Education is one (1) session.

Program: C-1 (Congregate Meals) Program: C-2 (Home-Delivered Meals) Number of Sessions to be
provided annually: 24 Number of Sessions to be provided annually: N/A Number of Unduplicated Clients
to be served annually: 250 Number of Unduplicated Clients to be served annually: N/A F. Client Satisfaction Survey

1. The ENP Contractor shall conduct a Client Satisfaction Survey at least annually.

The survey instrument will be provided by DAAS and all findings from the survey must be used to improve services. The Contractor must keep the completed surveys and the tabulated results on file. A copy of the tabulated results must be submitted to DAAS by March 3rd of the fiscal year for which it is conducted.

II. Staffing
A. Manager or Director

1. The ENP Contractor shall have a manager on staff who shall conduct the day-today management and administrative functions of the ENP, and either have a, b, or c:
a. Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years’ experience as a food service supervisor, or,

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b. Demonstrate experience in food service such as, but not limited to, cooking at a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a college level. Prior to completion of meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a registered dietitian, or,
c. Two (2) years’ experience managing food services. Such experience shall be verified and approved by a registered dietitian prior to hire.

2. The ENP Contractor shall maintain documentation on file of the qualifications of the Program Manager or staff.

3. If the Contractor has more than one site, the Manager/Director shall monitor the sites on a bi-monthly basis. The bi-monthly visit shall be for the purpose of monitoring the food service practices of the employees and the implementation of the program requirements at the site level. Documentation of each visit shall be maintained on file for DAAS review.

B. Personnel – Paid Staff/Volunteers

1. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the ENP. The total number of staff should be based on the method and level of services provided and size of the service area.

2. Contractor must maintain a current organization chart of all positions (paid and volunteers) that perform work under this contract.

3. Contractor is encouraged to hire multi-lingual/multi-cultural staff to increase lowincome and ethnic minority program participation in accordance with federal mandates.

4. Contractor shall recruit for vacant positions in an open and competitive application process free of discriminatory questions. Written job descriptions for all paid and volunteer staff shall be maintained.

5. Contractor shall complete a written work performance evaluation on all paid and volunteer staff at least annually.

6. All staff, paid and volunteer, that will be handling food must be in possession of a current San Bernardino County Food Handlers Certification Card.

7. Volunteers shall be recruited and used in any phase of the program operation where qualified.

8. Volunteers shall be screened and selected through a formal process that assesses their capabilities.

9. Volunteers shall receive the same training as paid staff.

10. Volunteers paid through other job training programs are not considered volunteers and must be paid the agreed upon rate charged for regular paid staff.

11. The ENP Contractor shall maintain a written Volunteer Policy that describes how volunteers are recruited, screened, what topics they are taught at orientation, and how often their performance is evaluated.

C. Registered Dietitian

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1. Each ENP Contractor shall establish and administer nutrition services with the advice of a Registered Dietitian in accordance with Section 339 of the OAA, and follow the general requirements in Title 22, Division 1.8, Chapter 4, Article 5.

2. The Registered Dietitian will provide the following activities to meet the mandated requirements:
a. At a minimum, quarterly monitor for safe food handling and sanitation practices of food facilities.
b. Review and approve the content of staff training prior to presentation. c. Develop, or review and approve the cycle menus.
d. Approve any food substitutions to meals originally approved. e. Provide input, review, and approve the Nutrition Education Plan prior to presentation.
f. Provide technical support and assistance as needed.

III. Staff Training Activities:

A. A yearly written Staff Training Plan shall be developed, implemented, and maintained on file by the ENP Contractor, as required in Title 22, Division 1.8, Chapter 4, Article 5.

B. The Contractor’s Registered Dietitian shall review and approve the content of the Plan prior to presentation.

C. The Staff Training Plan must identify who is to be trained, who will conduct the training, content of the training, and when it is scheduled.

D. A copy of the Staff Training Plan that has been approved by the Contractor’s Registered Dietitian must be submitted to DAAS by August 1st of the fiscal year in which it is provided. The DAAS Registered Dietitian will review and approve the Staff Training Plan and return it to the Contractor. The DAAS approved Staff Training Plan must be kept on file.

E. A minimum of four (4) hours of staff training shall be provided annually for paid and volunteer food service staff, including congregate and home-delivered meal staff.

F. Training sessions shall be evaluated by those receiving the training. The Contractor must keep the evaluations on file for DAAS review.

G. The ENP Contractor shall maintain documentation of each training session on file.

Documentation includes, but is not limited to, sign-in sheets, agendas, handouts, and completed evaluations.

H. All staff, paid and volunteer, shall be oriented and trained to perform their assigned responsibilities and tasks. Training, at a minimum, shall include:

1. Food safety, prevention of food borne illness, and HACCP principles.

2. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures.

3. Elder Abuse Law and reporting procedures.

4. CDA Security Awareness Training (annually).

IV. Complaint Procedures

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Mayor and City CouncilJune 15, 2022

Mayor and City Council
June 15, 2022