Agenda packet — Mayor and City Council, November 16, 2022 (part 3 of 6)

RESOLUTION NO. 2022-238

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZE THE APPROPRIATION OF $110,000 FROM

THE CULTURAL DEVELOPMENT FUND TO COVER

COSTS FOR THE FACILITY UPGRADES AT NORTON
GYM ($30,000) AND JERRY LEWIS SWIM CENTER PUMP
ROOM ($50,000), VETERANS STAND DOWN EVENT
($20,000), AND EMPLOYEE RECOGNITION PROGRAMS
($10,000).

WHEREAS, the City collects Cultural Development Construction Fee pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine art and cultures; and WHEREAS, the Parks, Recreation and Community Services Department has developed a plan for necessary facility improvements at Norton Gym and the Jerry Lewis Swim Center; and WHEREAS, the Parks, Recreation and Community Services Department has partnered with the Reaching New Heights Foundation to continue to provide a Veterans Stand Down and Homeless Outreach resource event; and
WHEREAS, the Parks, Recreation and Community Services Department has developed a plan for an annual employee celebration for over 300 City employees, less the Police Department, to be recognized at an end of the year holiday event; and WHEREAS, the allocation of Cultural Development Impact Funds for facility improvements will benefit the longevity of the facilities and the programming held at the locations; and
WHEREAS, the allocation of Cultural Development Impact Funds for the Veterans Stand Down and Homeless Outreach resource event will support an underserved community in the City; and
WHEREAS, the allocation of Cultural Development Impact funds for the employee recognition event will support the City’s leadership efforts to appreciate and recognize City employees.

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

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Resolution No. 2022-238
Resolution 2022-238
November 16, 2022

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

SECTION 2. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to allocate $110,000 in the Cultural Development Impact Fund for facility upgrades at Norton Gym ($30,000), and Jerry Lewis Swim Center Pump Room ($50,000), Veterans Stand down event ($20,000) and employee recognition programs ($10,000).

SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of November 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-238
Resolution 2022-238
November 16, 2022

Page 3 of 3 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. 2022-238, adopted at a regular meeting held on the 16th day of November 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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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Approve the awards of $98,000 for Visual and
Performing Arts Grant to winning applications
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Visual and Performance Art Grant awards to winning applications totaling $98,000.

Background
The Visual and Performing Arts Grant provided by the City of San Bernardino Arts & Historical Preservation Commission received 9 applications, which were reviewed by commissioners and staff. The amounts awarded have been discussed and agreed upon by the majority of the commissioners.

Due to three commissioners not submitting input on scoring for the grant, staff has tabulated total amounts and averages and has made the recommendation to the commission to use the averages from all commissioner input given for award allocations. A special meeting was held on October 31, 2022, for a final vote. A majority of the commissioners were present for a vote on this action item on the special meeting agenda.

Discussion
$100,000 was allocated in June 2022, by the Mayor and City Council for the grant. The grant application deadline had to be extended twice to receive an appropriate number of applications. Due to lack of applications, staff, with approval from the commission in September 2022, provided aid to artists, in grant form, for the Annual Festival Event and Arts Fest. Through this special provision, artists who applied were provided up to $250 to cover costs of event applications, one-month business license, and one-day insurance for Festival and Arts Fest. The cost of the grant special provision totaled Packet Pg. 566
$2,000. The remaining $98,000 was made available to applicants for the Visual and Performing Arts Grant.

The maximum amount an applicant may request is $25,000. The application process was reviewed and approved by the commission in April 2022. In addition to a thorough review of the application process, a mid-year audit was drafted by staff, approved by commissioners and then added to complete the grant process to ensure proper use of funds. Completion of the Semi-Annual reporting form will be required of all grantees at the six-month point of their grant allocation. Grantees will be required to present to the commission their progress and successful use of funds. In addition, Commissioners will have the chance to question grantees with concerns they may have in regards to effective use of funds.

At this time the average of all input provided from the commissioners show the following awards for the applicants listed:

The total allocation with averages is $87,880. This leaves a remaining balance of $10,120. The Arts and Historical Commissioners motion carried (5 for, 1 opposed, and 3 absent) in favor of the Arts Grant awards. In addition, the Commissioners carried an additional motion (6 for, 0 opposed, and 3 absent) to use the remaining funds balance to open an additional grant for artists that are not a 501(C)(3) that can provide artistic value to the city. Staff was directed to report back in January with a new grant criterion for additional local artists to apply.
2021-2025 Strategic Targets and Goals
The approval of the grant allocations aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community by providing opportunities to an underserved community to engage in participation of visual and performance arts are various community locations throughout the city; and Goal No. 3: Improved Quality of Life whereby the community has access and introduction to art center programs and amenities throughout the city.

Fiscal Impact
There is no fiscal impact as the funds for this program have already been allocated.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Visual and Performance Art Grant awards to winning applications totaling $98,000.

Attachments
Attachment 1: Grant Award Guide 2022
Attachment 2: Master Scoring Sheet 22
Attachment 3: Visual Performing Arts Grant Application
Attachment 4: Semi-Annual Grant Reporting Form
Ward:

All Wards
Synopsis of Previous Council Actions:

June 2022 MCC approved $100,000 to be used from the Community Development Impact Fund for the Visual, Performing, and Literary Arts Grant 2022-2023 fiscal year.

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Arts Grant Scoring
Artists for Festival and Art Fest
8 artists @ $250 each $ 2,000
Remaining Funds $ 98,000
Total requested funds $ 180,300
Areas of Art Proposals Asking $ % of max ask Music Dance Visual Art Theater Literary Arts Film 1 Arts Connection $ 8,300 33% x x x
2 San Bernardino Valley Concert Association (Garcia Center) $ 25,000 100% x x x 3 The Little Gallery of of San Bernardino $ 18,500 74% x 4 Akoma Unity Center $ 20,000 80% x
5 Lifting our Stories $ 25,000 100% x
6 The Young S.A.M. O.A. $ 25,000 100% x x
7 Pomona Economic Opportunity Center $ 20,800 83% x
8 Youth Power Solutions $ 12,700 51% x x
9 Inland Futures Foundation $ 25,000 100% x
Completion of Packet Asking $ % of max ask Application proof of 501c(3) Address in SB BOD are Residents Not asking for more than 50% Description 1 Arts Connection $ 8,300 33%
2 San Bernardino Valley Concert Association (Garcia Center) $ 25,000 100% 3 The Little Gallery of of San Bernardino $ 18,500 74%
4 Akoma Unity Center $ 20,000 80%
5 Lifting our Stories $ 25,000 100%
6 The Young S.A.M. O.A. $ 25,000 100%
7 Pomona Economic Opportunity Center $ 20,800 83%
8 Youth Power Solutions $ 12,700 51%
9 Inland Futures Foundation $ 25,000 100%
Project Description Asking $ % of max ask SB population Project Budget Educational Component Business Partnership Intended Results 1 Arts Connection $ 8,300 33%
2 San Bernardino Valley Concert Association (Garcia Center) $ 25,000 100% 3 The Little Gallery of of San Bernardino $ 18,500 74%
4 Akoma Unity Center $ 20,000 80%
5 Lifting our Stories $ 25,000 100%
6 The Young S.A.M. O.A. $ 25,000 100%
7 Pomona Economic Opportunity Center $ 20,800 83%
8 Youth Power Solutions $ 12,700 51%
9 Inland Futures Foundation $ 25,000 100%
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Applicant Asking $ % of max ask Music Dance Visual Art Theater Literary Arts Film Arts Connection $ 8,300 33% x x x
San Bernardino Valley Concert Association (Garcia Center) $ 25,000 100% x x x The Little Gallery of of San Bernardino $ 18,500 74% x
Akoma Unity Center $ 20,000 80% x
Lifting our Stories $ 25,000 100% x
The Young S.A.M. O.A. $ 25,000 100% x x
Pomona Economic Opportunity Center $ 20,800 83% x
Youth Power Solutions $ 12,700 51% x x
Inland Futures Foundation $ 25,000 100% x
Darlene Tawnya Steven Robert Michael Alissa Anthony Lucy Alfredo Average Arts Connection 8,300 $ $ 5,350.00 $ 8,300.00 $ 8,300.00 $ 12,250.00 $ 8,300.00 $ 7,000.00 $ 8,250.00 San Bernardino Valley Concert Association (Garcia Center) 25,000 $ $ 10,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 11,000.00 $ 18,000.00 $ 12,291.67 The Little Gallery of of San Bernardino 18,500 $ $ 9,250.00 $ 9,000.00 $ 10,000.00 $ 12,250.00 $ 8,700.00 $ 9,000.00 $ 9,700.00 Akoma Unity Center 20,000 $ $ 5,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 10,000.00 $ 15,000.00 $ 10,791.67 Lifting our Stories 25,000 $ $ 10,000.00 $ 2,500.00 $ 10,000.00 $ 12,250.00 $ 10,000.00 $ 14,000.00 $ 9,791.67 The Young S.A.M. O.A. 25,000 $ $ 5,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 10,000.00 $ 14,000.00 $ 10,625.00 Pomona Economic Opportunity Center 20,800 $ $ 6,400.00 $ - $ 10,000.00 $ - $ 11,000.00 $ 5,480.00 Youth Power Solutions 12,700 $ $ 12,700.00 $ 10,000.00 $ 10,000.00 $ 12,250.00 $ 9,000.00 $ 7,000.00 $ 10,158.33 Inland Futures Foundation 25,000 $ $ 5,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 11,000.00 $ 14,000.00 $ 10,791.67 $ 180,300 $ 68,700.00 $ - $ 79,800.00 $ 88,300.00 $ - $ 98,000.00 $ 89,000.00 $ 98,000.00 $ - $ 87,880.00 Final Awards
Arts Connection $ 8,250.00
San Bernardino Valley Concert Association (Garcia Center) $ 12,291.67 The Little Gallery of of San Bernardino $ 9,700.00
Akoma Unity Center $ 10,791.67
Lifting our Stories $ 9,791.67
The Young S.A.M. O.A. $ 10,625.00
Pomona Economic Opportunity Center $ 5,480.00
Youth Power Solutions $ 10,158.33
Inland Futures Foundation $ 10,791.67
Total Allocation $ 87,880.00
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1 APPLICATION GUIDELINES FOR FUNDING REQUESTS
(YEAR)

THE VISUAL, PERFORMING AND LITERARY ARTS
The City of San Bernardino Arts and Historical Preservation Commission grants will be made available to qualifying non-profit arts organizations for the enhancement and support of city-wide art and cultural programs of benefit and interest to a broad segment of our population.

Funding considerations for approved programs will be for a one-year period only. The maximum funding per organization will be $25,000. Applicants who have received grant award funding within the past 12 months are disqualified and not eligible to apply for grant ward funding for the next program application period.

Qualifications include:

1. Non-profit status (501-c-3) organizations. No publicly funded organizations will be considered for grant funding.
a. Applicants who partner with a local business for promotional or other collaborative purposes will receive higher ratings in the judging of grant applications.

2. Address of organization must be within city limits.

3. A majority of the Board of Directors are residents of, or employed in, the City of San Bernardino.

4. Grant funds are to be used for public performances, exhibits, classes and workshops held in the City of San Bernardino.

5. Grant recipient is not to receive more than 50% of budgeted projection.

Arts Grant requests must relate to one of the following categories to be eligible for funding consideration:

1. Music---Organizations offering training, exposure, opportunities and/or creative resources for vocal and instrumental experiences. 2. Dance---Organizations that teach and present dance performances. 3. Visual Art---Organizations whose programs involve the experience of creating and/or presentation of visual art. 4. Theater---Organizations whose programs involve the experience of involvement in theater, musical theater, mime and/or opera/theater works.

5. Literary Arts---Organizations which provide experiences in creative writing, either poetry or prose that culminates in a reading and/or display of the creation.

6. Film---Organizations which provide experiences in filmmaking (production, acting, direction, etc.)
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2 GENERAL INSTRUCTIONS
Applicants must follow the general instructions.

All materials must be typed so that they can be photocopied.

Use space provided for program description, need statement, intended results, future objectives and history/background.

All supplemental material should be on plain white letter-sized paper and must refer to corresponding application section number.

Nine sets of the completed application, along with all programs printed during the most recent fiscal year, must be submitted to the Arts and Historical Preservation Commission at the office of the Parks, Recreation and Community Services Department of the City no later than 4:00 P.M. on August 15th. Be sure to complete the checklist in order to make certain that you have included all required information. Keep this checklist for your personal records.

Submit all materials to the following address:

Arts and Historical Preservation Commission
Parks, Recreation and Community Services Department
City of San Bernardino
290 North “D” Street
San Bernardino, CA 92401
Omission of required information, without explanation, or failure to complete the forms in accordance with instructions may be cause for the applicant to receive a lower rating for funding consideration or be rejected.

The application should be assembled with all pages numbered chronologically and fastened by a single staple in the upper left corner.

If applicants have questions about the application, they may submit them to Lesa Nichols at Nichols [email protected]
Interviews of the applicants will be scheduled. Applicants will be notified of the location and assigned a time for such.

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3 INSTRUCTIONS FOR COMPLETING THE APPLICATION
I. Applicant Organization---Organization name, address, telephone number, email, State of California identification or non-profit number.

II. Contact Person---Name, Title, address and telephone number of the person who may be contacted concerning questions about the program or application.

III. Program category under which support is requested. Please indicate the appropriate category. Refer to application guidelines for program category definitions.

IV. Period of Support requested---The span of time necessary to plan and implement the proposed program for which funding is requested, to begin no later than July 1, and to be completed before June 30.

V. Project Description /Need Description- Describe clearly and concisely how the requested funds will be spent. The first sentence of your program description should briefly summarize your entire program; more detail regarding the educational component (s) of the project should be provided in subsequent sentences. Where appropriate, include the names of key organization members, or personnel, and their role in the implementation of the program. The need statement should reflect the cultural need(s) of a target group, or groups, and include measurable support information to reflect the existence of this need. Note: 1) There is to be an educational component to any project application submitted. 2) Also explain your proposal for a local business partnership, if you have one.

VI. Estimated Number of Persons Expected to Benefit from This Program---The total number of classes, performances, or displays and the number of students, audience members or others who are expected to benefit directly.

A. Number of persons who will pay an admission charge
B. Number of persons who will receive free admission.

C. Number of classes or performances scheduled for the performing arts or length of display for visual arts.

VII. Intended Results-Explain in measurable evaluation terms the intended results or impact anticipated by your program funding request. If possible, please incorporate the requested data into a spreadsheet (See example). Identify the target group or groups you intend to benefit, setting a time frame for accomplishment and providing a realistic quantitative indicator of groups served, such as: senior citizens, number of performances, anticipated maximum audience. Sign-in forms of participants, audience members, etc. may be used to fulfill this requirement.

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4 Example for VII.

Target Group(s) Children, ages 5-12 Senior Citizens High School Students Time Frame 7/1/20-6/30/21 7/1/20-4/13/21 9/20/20-6/1/21 Number of
performances,
classes, exhibits, etc.
6 classes, 1 performance 6 classes, 1 performance 64 classes (4 days a week); 3 exhibits
Anticipated
maximum audience,
participants,
, etc.

Participants - 25
Audience - 100
600 30 Participants
300 audience
Questions? Submit to Lesa Nichols at Nichols [email protected] VIII. Project Budget- Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount requested from the Art and Historical Preservation commission for that line item. Total the expense and amount requested columns. See Example below:

List item expenses Brief description of each
line item
Total Budget
per line item for
this project
Total amount requested
from Arts & Historical
Preservation
Commission
(Not to exceed 50% of
budgeted projection)
Salary/Wages For personnel working
on this project
$2025 $0
Supplies/Materials Items needed to
adequately meet the goals
of the project
$1500 $1500
Equipment Needed to meet goals of
the project
$2500 $2000
Travel For project leaders who
travel from one project site
to another, or participant
travel as part of the
project
$ 75 $ 75
Rentals or Leases Payment for use of location
for classes, performances,
exhibits
$1200 $ 500
Fees and Other, License/Royalty to perform
play
$ 250 $ 250

TOTALS OF

EXPENSES, AND
AMOUNT

REQUESTED
$7550 $4325
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5 IX. Income of the organization-- List grant awards received by the organization in the past 12 months, if any. Do not include pending requests. List other income for this project such as ticket sales, other sales, contributions, fundraisers, etc. See example:

Name of Funding Source Amount committed to this project Community Foundation (Grant for another project) $0
Ticket Sales $1025
Contributions $1700
Fundraisers $3225
TOTAL AMOUNT $5950
X. Future Objectives - Explain your plans and goals for additional supplemental funding (i.e., sponsorships, donors, fund raising events). Be as complete and accurate as possible. Explain supplemental fundraising plans and what your plans are if funding from the Art and Historical Preservation Commission is not received.

XI. Brief History/ Background of Organization-Explain history of your organization in the City of San Bernardino. Be as detailed as possible. Include fund level history and background for supplemental funding, as well as community support and subscriber and ticket sales levels.

XII. Include your organization's financial report for the past fiscal year, stating whether it has been audited or not.

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6 VISUAL, PERFORMING AND LITERARY ARTS ----GRANT APPLICATION FORM
City of San Bernardino---Art and Historical Preservation Commission I. Applicant Organization
Name of Organization:

Physical Address:

Mailing Address:

Telephone No.:

Non-profit I.D. No:

Website Address:

Number of years in existence:

II. Contact Person:

Title:

Telephone#:

E-mail Address:

Ill. Program Category under which support is requested. Please indicate the appropriate category. Refer to application guidelines for program category definition.

IV. Period of Support Requested - The span of time necessary to plan and implement the proposed program for which funding is requested, to begin no earlier than July 1, 2020 and to be completed before June 30, 2021.

From (starting): Through (ending)
Amount of Grant Requested:

Total Organizational Budget for current fiscal year:

Percent of total Organization Budget Requested: (not to exceed 50%) Packet Pg. 576
7 V. Project Description/Need Statement (include plan for collaboration with a local business if you have one)
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8 VI. Realistic number of persons expected to benefit from the program. The total number of classes, performances or displays and the number of students, audience members or others who are expected to benefit directly.
a) Number of persons paid by attendance
b) Number of persons admitted by no fee
c) Number of classes and/or performances scheduled for the performing arts or length of display/exhibit for the visual arts
d) Total attending classes/performances/displays/exhibits VII. Intended Results: Explain in measurable evaluation terms the intended results or the impact anticipated by your program funding request. If possible, please incorporate the requested data into a spreadsheet (See example). Identify the target group or groups you intend to benefit, setting a time frame for accomplishment and providing a realistic quantitative indicator of groups served, such as: senior citizens, number of performances, anticipated maximum audience. (See example) Sign-in forms of participants, audience members, etc. may be used to fulfill this requirement.

Target Groups Time Frame
Number of performances /
classes / exhibits
Anticipated maximum
audience, participants, etc.

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9 VIII. Project Budget: Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount that the project will cost per line item. Give the amount requested from the Arts and Historical Preservation Commission for that line item. Total the expense and amount requested columns.

Line Item Expenses Brief Description of
each line item
Total budget per line
item for this project
Total amount
requested from Arts &
Historical Preservation
Commission
(Not to exceed 50% of
budgeted projection)
$ $
$ $
$ $
$ $
$ $
$ $

TOTAL EXPENSES

AND AMOUNT

REQUESTED
$ $
What are other sources of funding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.)
Name of funding source Amount committed to this project

TOTAL of funding sources
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10 IX. Future Objectives
X. Provide a brief history/background of your organization and what you have done before in this category of the arts.

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11 XI. Attach a copy of your last fiscal year financial report, audited or un-audited. Failure to submit this will result in rejection of your application.

XII. Attach a list of your Board of Directors and Officers with either residential or business addresses.

CERTIFICATION:

Project Officer: Title:

Telephone #: Cell Phone#: Date
E-mail Address:

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12 CHECKLIST
Use this form to make sure you have properly completed your application and keep for your personal records. Applications not properly prepared may receive a lower ranking or be rejected without consideration for funding. Review this before submitting your application.

1. Is the application typed?

2. Are all the pages in proper order and numbered?

3. Does supplemental material refer to appropriate section number?

4. Are all questions answered?

5. Does the need statement really present a valid, easily understood idea?

6. Is there a target group identified in the need statement?

7. Does the need statement represent a local need?

8. Do your intended results explain activities you plan to do in order to meet the needs you have identified?

9. Did you explain and specify in measurable terms your intended results for the target group?

10. Did you respond to the application instructions element by element?

11. Have you included the most recent financial report?

12. Are your calculations correct?

13. Is the document signed by the Director or Board President or authorized signature?

14. Is the application being submitted to the Art and Historical Preservation Commission?

15. In reviewing the application from beginning to end, is there continuity of thought and readability?

16. Are you filing the application within the appropriate time frame?

17. Have you included a plan for partnership with a local business?

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13 TIMELINE FOR ARTS GRANTS
Notification of applications available TBA
City's website
Newspapers
Mailing lists (non-profits), etc.

Applications returned to city TBA
Commissioners pick up packets TBA
Interview of applicants TBA
Arts & Historical Preservations Commission Meeting for Recommendations TBA Recommendations to City Council TBA
Tentative Notification to grantees TBA
Checks issued to recipients TBA

REVIEW & FUNDING PROCESS
The Arts and Historical Preservation Commission reviews all applications and conducts public meetings to receive input from applicants and the public as needed. Funding is competitive and based on application quality and relevance to City goals.

NOTE: Programs submitted for Grant Funding must differ from programs approved for Community Development Block Grant funding (CDBG). Applicants will be notified of applicable meeting dates relevant to their grant application.

RETURN OF FUNDS
Agencies are required to return any unexpended funds at the end of the one-year grant period. City monies shall be used only for the purpose duly authorized by the Arts and Historical Preservation Commission and in accordance with the budget information submitted by the agency Packet Pg. 583
City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Dear Award Recipient,
Your organization received a grant from the City of San Bernardino to be utilized for project(s) during the period of (date to be listed). In order to monitor the effectiveness of the grant award process in the city, it is required that you complete this form with detailed information about your project(s). Please comment on programs, services, and events that have been completed in the first half of your award year.

SEMI-ANNUAL PERFORMANCE REPORT- (add year)
Name of Organization: ______________________________Phone: _______________________ Mailing Address: _____________________________________________Zip: _______________ Report Preparer: __________________________________
Title: ______________________________
Contact Number: __________________________________
Email: ______________________________
Specify Report Period: 6-month Report, (first half of year) 6-month Report, (2nd half of year) (Due: TBD)) (Due: TBD)
Funds Approved: $________
Funds expended per report period: $________
Funds remaining: $________

PERFORMANCE INFORMATION

1. Describe how grant funds have been used this report period. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

2. List dates of activities/services/trainings and method of service delivery i.e. (virtual, on-site or both) Packet Pg. 584
City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ (Note: attach activity fliers/advertisement/agendas, as relevant to funded activities)

3. Total Number of Individuals Served: ________
Number of City Residents Served: ___________

4. City In-kind services received/utilized, if any:
_____________________________________________________________________________________ _____________________________________________________________________________________

5. City- Agency Partnerships Implemented, if any:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

6. List the goals that were achieved by your project during this report period:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

7. Using the budget worksheet below, note expenses charged to the grant program this report period.

Direct Costs: (Project Specific Costs) AMOUNT
Salaries & Benefits $____________________________________________ Supplies $____________________________________________
Printing $____________________________________________
Professional Services $____________________________________________ Packet Pg. 585
City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Materials and Supplies $____________________________________________ Insurance/Permits $____________________________________________ Capital Purchases $____________________________________________ Other (Please Specify) $____________________________________________ Indirect Costs (applicable to grant program only, as noted in grant budget) Administration Costs $_________________
Facility Rents/ Maintenance $ _________________
Utilities- gas, electricity, telephone $_________________ Depreciation $_________________
Other: Specify: __________________ $ _________________
GRAND TOTAL EXPENSES $_________________

8. Authorizations:

I hereby certify the information contained in this report is true to the best of my knowledge and belief. I also hereby certify that our organization is in compliance with all state, federal, and local laws regarding licensing and employment practices.

Print Name of Report Preparer: ___________________________________________ Title: __________________________________
Preparer Signature:
____________________________________________________Date:____________________ Print name of President or Authorized Officer: ___________________________________ Title: ______________________________
President Signature: ______________________________________________________________ Date: ________________________
Please return by (DATE) to:

Arts and Historical Preservation Commission
Parks, Recreation and Community Services Department
209 North D St.

San Bernardino, CA 92401
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Purchase of Cellular Site Simulator Equipment (All Wards)
Recommendation:

Adopt Resolution No. 2022-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Cellular Site Simulator Usage and Privacy Policy and authorizing the Agency Director of Administrative Services to amend the Adopted FY2022/2024 budget by $460,000, and issue a Purchase order to Tactical Support Equipment in an amount not to exceed $860,000.

Background
The San Bernardino Police Department is a participant in the Riverside Urban Area Security Initiative work group (Riverside UASI). Riverside UASI is funded through federal funding and is intended to fund projects that will improve the security of the Riverside UASI region which includes San Bernardino County. As a participant in this regionally based group, the San Bernardino Police Department is entitled to submit requests for grant funding on a wide variety of projects related to the preparation for, prevention of, response to, and recovery from events that represent a security risk to the region and its residents. Each grant project submitted by the San Bernardino Police Department and other participating agencies is reviewed by a steering committee that directs the spending of the available grant funds toward projects that meet federal guidelines and the more specific goals of the Riverside UASI region.

For Fiscal Year 2020, the San Bernardino Police Department submitted a grant proposal to the Riverside UASI program for the purchase of cellular site simulator equipment. The proposal was reviewed by the steering committee who determined it had value for improving the Riverside UASI work group’s capabilities in the areas of prevention of and response to potential security threats to the region. The UASI Steering Committee granted $400,000 in funding toward the purchase of cellular site simulator equipment with an additional $25,000 for purchase of a vehicle for the equipment to be mounted into. The grant award was accepted by the Mayor and Council on December 1, 2021, and the FY 2021/2022 budget was amended to Packet Pg. 587
incorporate the additional funding.

Discussion
The San Bernardino Police Department constantly evaluates technology available to law enforcement and considers the potential for that technology to benefit law enforcement efforts and public safety goals in the City of San Bernardino. As the Police Department has sought new methods and technology to aid in the reduction of violent crime, it has also considered the need to more rapidly apprehend those identified as being involved in the commission of violent criminal acts, serious felony crimes, or terrorist acts. Additionally, the Police and Fire Departments are responsible for coordinating rescue operations in the City of San Bernardino during major disasters, with the goal of rapidly locating and rescuing disaster victims. One such tool available to law enforcement to meet both goals is a cellular site simulator.

Cellular site simulators work in conjunction with cellular technology to aid investigators with locating individuals and have been in use by law enforcement agencies for several years. The San Bernardino Police Department has followed the use of this technology by other agencies and identified multiple instances where having such technology for its own use would have been highly beneficial. In 2013, Christopher Dorner committed a series of murders throughout the Southern California region that terrorized residents.

The manhunt for Dorner ended in the local mountains and resulted in a violent confrontation between Dorner along with law enforcement officers from San Bernardino County Sheriff’s Department and the San Bernardino Police Department.

The confrontation resulted in the death of Detective Jeremiah MacKay, life threatening injuries to a second deputy sheriff, and the death of Dorner himself. In December of 2015, the terrorist attack at the Inland Regional Center was perpetrated by suspects who were quickly identified. Both suspects in the terrorist attack represented a grave danger to the public, creating a need to quickly apprehend them and prevent further harm to the public. During each of these incidents the suspects were rapidly identified, but one of the major problems for law enforcement was locating the suspects after their identification. In both cases, a cellular site simulator would have been an effective apprehension tool.

Some local law enforcement agencies have acquired cellular site simulators and trained personnel in the use of the technology. Those agencies have found cell site simulators to be a vital tool for the apprehension of suspects who have committed serious felonies or violent acts, such as kidnapping and homicide. Cellular site simulators are in high demand, not just for the agencies that possess them, but also because those agencies that do not have this asset must seek assistance from agencies that do. Agencies with cellular site simulators regularly receive requests from both their own investigators and investigators from outside agencies, so they must prioritize the requests they receive. Since the San Bernardino Police Department lacks a cellular site simulator of its own, its investigators must seek assistance from other law enforcement agencies that possess this technology. To avoid over taxing those agencies, the Police Department triages investigations and reserves requesting assistance for cases involving the most severe offenders. Despite these efforts, there Packet Pg. 588
are often multi day delays before a cellular site simulator with a trained team of operators becomes available. Consequently, suspects are allowed more time to evade capture or commit additional criminal acts.

The usefulness of cellular site simulators is not limited to the apprehension of suspects involved in criminal acts alone. Cell site simulators can be a valuable resource during search and rescue or disaster situations as well. During events such as building collapses, cellular site simulators offer the ability to help rescuers determine how many potential victims may be trapped and aid with locating them in the rubble. They also have the potential to assist with locating at risk missing persons so they can be returned to safety before harm comes to them. During events such as disasters or searches for missing persons, time is of the essence, and more rapidly locating trapped or at-risk missing persons increases the likelihood of their survival or safe return.

The Police Department believes that a cellular site simulator would be a valuable tool for investigators that would improve the Police Department’s capabilities regarding suspect apprehension and search and rescue during disasters. The Police Department’s use of cell site simulator technology would occur within the guidelines of California Senate Bill 741 (SB 741), which requires law enforcement agencies create usage policies for this technology that uphold individual privacy rights and civil liberties.

The Police Department has crafted a use policy that is compliant with all elements of SB 741 and ensures that the technology will be used by police personnel in a manner that is consistent with the law and constitutional principles. Upon approval for the purchase of cell site simulator technology and the associated policy, the policy will be posted on the Police Department’s website to ensure it is publicly accessible in compliance with SB 741.

In June of 2022, the Finance Division hosted an open bidding process for the purchase of cell site simulator equipment. Four companies submitted bids that met specifications. The company able to provide the requested equipment for the lowest cost was Tactical Support Equipment who provided a bid of $848,786 for the cost of equipment and three years of maintenance and subscription. Based on their ability to provide the requested equipment at the lowest cost, Tactical Support Equipment (TSE) was selected as the winning bidder. The grant award from Riverside UASI provides $400,000 toward the purchase of the cellular site simulator equipment, leaving a remaining balance of $448,786 to be provided by the City. Funding to complete the purchase is available in the Asset Forfeiture Fund. Staff is recommending an appropriation of $460,000 to cover the balance and any unforeseen cost from the Asset Forfeiture Fund to the General Fund to complete the purchase. 2021-2025 Strategic Targets and Goals
The request to spend grant funds for the purchase of cellular site simulator technology aligns with the following strategic targets and goal: 3.c. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

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Fiscal Impact
The fiscal impact to the City is $460,000, which will be transferred from the Asset Forfeiture Fund into the General Fund and appropriated into the Adopted Biennial 2022/2024 budget, for FY 2022/23. The balance of funding is currently included as a continued appropriation in the UASI 2020 grant program account.

Conclusion
Adopt Resolution No. 2022-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Cellular Site Simulator Usage and Privacy Policy and authorizing the Agency Director of Administrative Services to amend the Adopted FY2022/2024 budget by $460,000, and issue a Purchase order to Tactical Support Equipment in an amount not to exceed $860,000.

Attachments
Attachment 1 Resolution No. 2022-239
Attachment 2 RFQ F-22-73
Attachment 3 Purchase Agreement
Attachment 4 Purchase Agreement Attachment A
Attachment 5 Purchase Agreement Attachment C
Attachment 6 Cellular Site Simulator Use and Privacy Policy Ward:

All Wards
Synopsis of Previous Council Actions:

December 21, 2021 The Mayor and City Council adopted Resolution 2021-283 accepting the 2020 UASI grant funds.

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Resolution 2022-239
November 16, 2022

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RESOLUTION NO. 2022-239

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE CELLULAR SITE SIMULATOR USAGE

AND PRIVACY POLICY AND AUTHORIZING THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE ADOPTED FY2022/2024 BUDGET BY
$460,000, AND ISSUE A PURCHASE ORDER TO TACTICAL

SUPPORT EQUIPMENT IN AN AMOUNT NOT TO
EXCEED $860,000.

WHEREAS, the City of San Bernardino was awarded $425,000 in grant funds for the FY2020 Urban Area Security Initiative Grant; and
WHEREAS, the City proposed and received approval to use $400,000 of the Urban Area Security Initiative grant funds for the purchase of a cellular site simulator in support of the goal of preparing for, preventing, and responding to security threats to the region; and WHEREAS, RFQ F-22-73 was issued requesting bids for the purchase of cellular site simulator technology and the winning bidder was Tactical Support Equipment, at a cost of $848,786; and
WHEREAS, there are sufficient funds in the Asset Forfeiture Fund to supply the remaining balance and contingency of $460,000 and complete the purchase; and WHEREAS, the Police Department has created a written policy that will serve as a guide regarding the proper circumstances and requirements for use of cellular site simulator equipment.

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

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

SECTION 2. The City Manager is hereby authorized to execute a goods purchase agreement, attached hereto as Exhibit “A,” between Tactical Support Equipment and the City of San Bernardino.

SECTION 3. The Agency Director of Administrative Services is authorized to amend the Adopted FY2022/2024 budget by $460,000 and issue a purchase order to Tactical Support Equipment in an amount not to exceed $860,000.

SECTION 4. The Cellular Site Simulator Usage and Privacy Policy is adopted as the guiding policy regarding the use of cellular site simulator equipment by police personnel.

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Resolution 2022-239
November 16, 2022

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SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of November 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution 2022-239
November 16, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-239, adopted at a regular meeting held on the 16th day of November 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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REQUEST FOR VENDOR QUOTES
FOR

CITY OF SAN BERNARDINO
FOR
RFQ F-22-73

PURCHASE OF CELLULAR SITE SIMULATOR

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
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REQUEST FOR VENDOR PRICE QUOTES
RFQ F- 22-73

PURCHASE OF CELLULAR SITE SIMULATOR
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00 PM, Monday June 23, 2022. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes.

The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community.

I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors1 (“Vendors”) for a Purchase of a Cellular Site Simulator for the Police Department. To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.

A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the “Goods Agreement” (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference.

B. Project Manager
The Project Manager for the City regarding this request will be Vanessa Slouka , Buyer, for Purchasing Department (909)384-5346 [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than Monday, June 13, 2022 at 10:00am local time.

D. Meeting
For this request, there is no meeting.

E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the 1 Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. A site visit is available upon request by appointment only by contacting Vanessa Slouka at (909)384-5346.

F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00 pm local time, on or before June 23, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Customer Service Support. If you continue to have difficulty, please contact Vanessa Slouka at (909)384-5346. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.

Vendors to provide a Quote for the scope of Project/Equipment as set forth in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement.

G. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right, to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions.

H. General Conditions

1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes.

2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification.

3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete.

4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected.

5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete and the Agreement is awarded.

6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 60 working days of the contract being awarded and must complete all Project/Equipment within 120 working days.

7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license.

8. Vendor License: As applicable, Vendors shall be properly licensed for the services they provide. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement. Subcontractors must possess the appropriate licenses for specialty work. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any Quote submitted by a Vendor not currently licensed in accordance with state law to be nonresponsive. The City shall have the right to request, and proposers shall Packet Pg. 596
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provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by Vendor and each of the Vendor’s subcontractors before awarding the Agreement. [END OF SECTION]
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ATTACHMENT “A”

PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

A. BACKGROUND
The City of San Bernardino police department is a full-service law enforcement agency that provides policing services to over 217,000 residents and covers 62 square miles. The police department provides both patrol and investigative services to the community. Some of the specialty investigative services are performed by personnel assigned to the special enforcement bureau, homicide unit, and crimes against persons unit. The members of these units are highly trained and conduct complex investigations into incidents involving homicides, major assaults, human trafficking, kidnapping, child abuse, and rape.

The City of San Bernardino has historically been identified as suffering from a high violent crime rate. In an effort to better respond the problem of violent crime, the department constantly seeks new methods or technological solutions to improve policing services and investigative outcomes.

The police department is currently seeking cell site simulation technology in an effort to improve investigative outcomes and give law enforcement personnel equipment that will aid in the quick apprehension of suspects involved in violent criminal behavior.

B. STATEMENT OF WORK
The City of San Bernardino police department is seeking qualified vendors to provide proposals for cell site simulation equipment, also known as a geolocation and direction finding solution to assist San Bernardino Police Investigators.

REQUIREMENTS

1. MAIN BASE STATION:

The main base station must allow authorized investigators the ability to locate cellular devices after a search warrant or a court order has been issued for the use of the device in compliance with California state law. The main base station must provide a direct finding component and software along with including all of the necessary power amplification, filtering, cabling, antennas, and mounting/rack systems required for the correct installation and function of the equipment and offer a means of protection for the device. The base station device must be capable of transmitting on a minimum of eight frequency bands simultaneously, and any combination of technologies, with the ability to add additional frequencies if needed.

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The main base station must also have a mobile workstation capable of displaying and rendering maps. This workstation must be wired via usb and/or ethernet cables to the device itself, provide wireless connectivity (wireless card), have and advanced video graphic card, and a backlit keyboard function to operate during low light situations. The workstation must also have a platform that will allow it to be mounted into a vehicle. All features must operate in conjunction with the primary system and provide accurate, real time, locations of the target cellular device without manipulation of the device. To allow investigators to locate the target device and location, the system’s direct finding components and software must work with the main base station and provide a direction of the targeted device in relation to the primary device.

The workstation (computer) must be powerful enough to accommodate having multiple programs open and used at any one time without crashing or requiring an unscheduled restart of the system. These programs will include mapping software, user gui for the highpower base station, internet browsers for email updates, and the direct find software.

2. SECONDARY PORTABLE SYSTEM:

The system must also include a secondary, handheld, portable device to act in conjunction with the main base station. This device should aid in direction finding of cellular devices and include the appropriate mapping and control software. This device should also include a display device loaded with direction finding software.

3. TRAINING:

The proposal should include the cost of training up to five members of the police department in the use of both the main base station and the secondary portable system.

4. PERFORMANCE BOND:

The proposal should include the cost of a performance bond.

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TECHNICAL SPECIFICATIONS
Purchase of Cell Site Simulator
RFQ F-22-54
Services:

Bidder shall complete box following statements within the Scope of Services. If bidder has any exceptions, a statement presenting the exception/deviation shall be placed into the answer box.

Equipment:

Bidder shall complete box following statements within the Equipment Section. If bidder has any exceptions, a statement presenting the exception/deviation shall be placed into the answer box.

GENERAL
Bid prices must be valid for 120 days due to processing requirements.

FAILURE TO COMPLETE THE ANSWER BOX UNDER EACH SECTION
SCOPE:

The City of San Bernardino police department is seeking qualified vendors to provide proposals for cell site simulation equipment, also known as a geolocation and direction finding solution to assist San Bernardino police investigators.

Bidders must acknowledge all requirements of previous section, including all categories and subpoints.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city. If Bidder has any Exceptions/Deviations to this section, please list them here.

BIDDER’S RESPONSE:

The Nyxcell V1650 Base Station is a 12-Channel system capable of 2G/3G/4G/LTE/Non-Standalone 5G and Stand Alone 5G. The system can capture every cellular capability currently in use by the cellular providers in the USA. It is also the only fully 5G capable system on the market with a proven history. A Secondary Handheld System (finishing tool) is included with offering.

Assembly:

Vendor will assemble and install all hardware and equipment and any additional materials needed to complete the project.

Installation:

Install all equipment, cable, wiring, connectors, plates and other material.

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Testing and Adjustments:

Vendor shall perform all tests and adjustments, furnish all test equipment necessary and perform all work required to properly configure the system.

Acceptance Testing:
shall demonstrate the operation of the complete systems, including all individual devices and specified control functions.

Bidders must acknowledge all requirements of previous section, including all categories and subpoints.

BIDDER’S RESPONSE:

As stated in the question and answer section of the previous solicitation is states that installation and integration will be completed by a local vendor. We can recommend West Coast Siren because they are familiar with the Nyxcell system and installed the system in other LE vehicles in the San Bernardino area.

TRAINING:

Vendor shall provide technical training to the City Staff and instructing them on operation, maintenance, and troubleshooting.

WARRANTY:

A renewable yearly maintenance service contract on all parts and labor shall be provided as a part of this bid with the first-year contract price established to take effect after the warranty period.

Inspection of Work
The City shall have the right at all times to inspect or otherwise evaluate the work being performed and parts or equipment used by the vendor. The City reserves the right to reject materials and workmanship found at the City’s sole discretion, to be unacceptable. Vendor shall immediately remedy unacceptable workmanship at no expense to the City Licenses
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The vendor represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide service including a current City Business License and that such licenses shall be maintained throughout the term of this contract.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

It is assumed that no special permits or licensing is required given the fact that SBPD is using a local vendor for installation.

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ATTACHMENT “B”

GOODS PURCHASE AGREEMENT
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CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 21st 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 Tactical Support Equipmenet, Inc a North Carolina Coporation with its principal place of business at 4039 Barefoot Road Fayetteville, NC 28306 (“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.

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” 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.

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 Packet Pg. 604
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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.

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 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.

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.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. 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 Packet Pg. 605
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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. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. 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 “B.” 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 “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” 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 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. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

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.

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E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D 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 for the final Progress Milestone 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 in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $0 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. 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).

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. Note-Vendor does not collect sales tax on out of state purchases by a municipality. If there are taxes or procurement fees levied on this purchase they must be stated prior to the execution of a purchased order and must be included in the overall price. No such fees are listed in this RFQ so it is assumed that no taxes or fees of any kind will be charged by the City of San Bernardino, the County of San Bernardino or the State of California.

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.

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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 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.

Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any Packet Pg. 608
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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;

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, self-insurance 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.

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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 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 payments until the Goods is 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,
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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 transit to 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.

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: [***INSERT NAME AND TITLE***]
SUPPLIER:

Tactical Support Equipment , Inc
4039 Barefoot Road
Fayetteville, NC 28306
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RFQ F-22-73
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.

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.

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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.

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. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND TACTICAL SUPPORT EQUIPMENT,INC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:

[***INSERT NAME***]
City Manager
ATTESTED BY:

[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

TACTICAL SUPPORT EQUIPMENRT,
INC

Signature

CARL BEENE
Name

PRESIDENT
Title
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ATTACHMENT “C”

VENDOR QUOTE FORM
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ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME: Tactical Support Equipment, Inc
ADDRESS: 4039 Barefoot Road Fayetteville, NC 28306
PHONE: 910-425-3360
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Purchase of Cell Site Simulator
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE.

Item No. Description Quantity Unit Cost Total Amount
1 Main Base Station Cost
(Includes 3 year warranty) 1 $795,880.00 $795,880.00
2 Secondary Portable Device Cost 1 $7,000.00 $7,000.00
3 Training Cost 1 $15,000.00 $15,000.00
4 Annual Maintenance/Subscription Fees 1 $0 for 3 years $0 for 3 years 5 Performance Bond 1 $24,000.00 $24,000.00
6 Delivery 1 $0 $0
7 Additional Costs (Cyber Liability
Insurance 1year) 1 $6,906.00 $6,906.00
8 Additional Costs (Explain in
attachment)
9 Taxes-TSE is a wholesale entity and does not collect
out of state sales tax.
1 TOTAL VENDOR QUOTE $848,786.00
Total Number of Additional Pages: 1
I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By: Title: President
(Authorized Representative Signature)
Print Name: Carl Beene
Contractor’s License Number and Classification: N/A
DIR Registration Number (if applicable): __N/A__________________________ Packet Pg. 616
4039 Barefoot Road
Fayetteville, NC 28306
800-889-4030
910-425-3360
www.tserecon.com
TSE
Tactical Support Equipment
21 June 2022
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: MS. Venessa Slouka
Reference: RFQ F021-73 Cell Site Simulator
Appendix A: System Description
While the value and importance of Cell Cite Simulator (CSS) operations are clear and well-understood, CSS systems, their equipment and operations, and their ability to cover all the complex and rapidly changing Radio Access Technologies (RATs) are not as simple. In today's telecommunication industry, the number of available channels, bands, and frequencies used by cellular service providers surpasses the capabilities of most CSS equipment currently used by Law Enforcement (LE).

A CSS functions by simulating a cell tower. In response to the signals transmitted by the CSS, cellular devices within its range identify the simulator as the most attractive cell tower in the area and thus register with it. This allows the CSS to identify the cellular device in exactly the same way that a networked cell tower does.

The Nyxcell V1650 has 12 radios giving 100% coverage of all channels that a target handset may be using. This includes 5G NSA, 5G SA and all other cellular frequencies currently in use by USA cellular providers.

Nyxcell's fast network scans take an average of 3 minutes. Competitors' systems can take 20 to 45 minutes, which is unacceptable in emergencies and exigent circumstances. In situations where time is of the essence, Nyxcell can cover, scan, and transmit on all providers and all channels in 1/8 of the time another system could take.

With 12 radios, Nyxcell minimizes the possibility that the target will jump to another channel (“chasing the rabbit” effect), since the system covers all channels operated by all US network providers. When a competitor's CSS cannot cover all channels in the network environment, the target handset will migrate to the unattended channel.

The Nyxcell V1650 includes a Wi-Fi identification solution if the department requires Wi-Fi capability
. Packet Pg. 617
4039 Barefoot Road
Fayetteville, NC 28306
800-889-4030
910-425-3360
www.tserecon.com
TSE
Tactical Support Equipment
Nyxcell user interface includes integrated maps for location and route visualization.

Nyxcell user interface has data correlation for target development, which can be used for verification of identifiers or to correlate subscriber ID and equipment ID.

Nyxcell uses a single omnidirectional antenna to transmit and receive signals for a discreet vehicle appearance. Competitors' systems antennas give the vehicle away.

Nyxcell can obtain latitude and longitude coordinates from certain 2G/3G handset models that have this capability, reducing time and exposure in the area.

COVERT EXTERIOR SINGLE ANTENNA
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4039 Barefoot Road
Fayetteville, NC 28306
800-889-4030
910-425-3360
www.tserecon.com
TSE
Tactical Support Equipment
The Nyxcell D150 Secondary Portable Device is a handheld finishing tool used to covertly locate the handset once the Primary system has placed the handset in a “silent call”. The D150 is simple to use, operates from an internal Li-Ion battery and is controlled by an Android smartphone (included) application via Bluetooth.

Ease of Use
The graphical user interface (GUI) is outlined in a logical manner which allows the user to quickly identify the steps needed to launch a mission with a minimum of mouse clicks. There are 2 Modes of operating the Nyxcell CSS. The automatic mode populates the target fields after the initial scan and a manual mode for the advanced operator.

Nyxcell's fast network scans an average of 3 minutes. Competitors' systems can take 20 to 45 minutes, which is unacceptable in emergencies and exigent circumstances.

Nyxcell user interface has data correlation for target development, which can be used for verification of identifiers or to correlate subscriber ID and equipment ID.

Nyxcell user interface includes integrated maps for location and route visualization. We are willing to demonstrate the system capability with an on-site demonstration.

Security
In order to operate the Nyxcell CSS you must use a laptop (included) with the appropriate credentials. The laptop is setup by the user with a username and password. The software is Windows 10 compliant which allows the user to install any anti-virus or anti-malware they deem necessary. All data collected by the system is saved to the laptop by the user. The system operates independently and no data is stored offsite nor is a server involved. The operator has the ability to save the data to a removeable storage device but this is not automatic. Packet Pg. 619
4039 Barefoot Road
Fayetteville, NC 28306
800-889-4030
910-425-3360
www.tserecon.com
TSE
Tactical Support Equipment

Training
Once a department receives their system and are ready
for the initial training they notify the vendor, and a training date is locked in that works for both the customer and trainer. The training is conducted on site at the customer’s location for a period of 40 hours for 6 students. The training days are not limited to 8 hours because we try to integrate real word scenarios into the training.

The training starts with an overview of cellular technology for those students who need a basic understanding. After the overview, training focuses on the system interface and how to put it into operation from start to finish. If the system has not been installed into a vehicle the trainer advises the students on how to install the system. Most but not all department use a dedicated tracking vehicle for the system so they desire a permanent installation if they have a dedicated vehicle.

We offer professional permanent installations of the system into a vehicle but this is not part of the training. We can
conduct remote training on the system as required by system updates and software releases.

Ongoing training or advanced training for new operators outside the scope of the initial training is available both on site and remotely for a cost. The cost will be determined based on the desired location and scope of the training.

Support, Maintenance and Upgrades
During the first 3 years of ownership the system all software, firmware and product updates/releases are included free of charge. This includes 24/7, 365 support via a toll-free number.

The system is manufactured to be expandable
as new cellular technologies are released by the telecommunication companies.

A 3-year hardware warranty is included on the Nyxcell V1650 and the Handheld Secondary Portable system.

The warranty covers hardware equipment failure due to normal use.

It does not cover damage due to a misuse, neglect, or a vehicle accident.

Proven PerformanceThere are over 50 Nyxcell system in use coast to coast across the USA. Multiple state law enforcement departments and large metro areas have used the system successfully since 2018. Nyxcell is the first system to market with a full 5G Standalone capability. It is also the only system that uses a single exterior antenna which enables covet operations Packet Pg. 620
V850
Transportable Amplification Unit (TAU)
V800
Transportable Amplification Unit (TAU)
V850 + V800
Portable Base Station Units (PBU)
D400
Direction Finder Unit
All-in-One Path to 5G CSS
SUPPORTS ALL CELLULAR TECHNOLOGIES:
5G SA/NSA, LTE, CDMA2000, UMTS and GSM
FLEXIBLE CONFIGURATIONS – UP TO 16 CHANNELS
SUPPORTS ALL 5G/LTE BANDS – SUB 6 GHZ

WIRELESS NETWORK MONITORING & SCANNING

OPERATIONAL

FLEXIBILITY
Nyxcell V1650 All-in-One, Multi-Band Solution for
Vehicular-Based Public Security — GSM to 5G
Nyxcell 1650 supports:
• Available in 12 or 16 channel configurations;
• Multiple bands – supports new 5G/LTE sub6GHz bands and existing sub-3GHz bands; • Wireless network monitoring and wideband
scanning (including 5G on-demand SIBs);
• Single or dual wideband TX/RX antennas;
• Frequency-agile base station units:
600 MHz - 6 GHz
• High accuracy atomic clock with 24-hour
battery backup

MANAGED ACCESS

BORDER SECURITY

LAW ENFORCEMENT
DISASTER RECOVERY Packet Pg. 621
Technical
G300 Geolocation
Sophisticated direction finder with 3D geolocation
capabilities for vehicular-based CSS missions.
* Supported bands are subject to change depending on region and certification constraints Nyxcell V1650
Channel Configuration: Available in 2 configurations: 12 channels or 16 channels Cellular Wireless Technologies: 5G NR SA/NSA (FDD/TDD), LTE (FDD/TDD), CDMA2000,

UMTS, GSM
Frequency Bands*: Commercial Cellular Wireless 3GPP bands in 600 MHz to 6 GHz Interfaces: Ethernet ports, PPS-IN/OUT, RF & Digital Control Signals, Maintenance, Main Antenna port, TRx TAU LF port,
Wideband Scanning antenna port
Peak Output Power Per Band: 100W for sub 3GHz and 400W for n77 and n79 Supply Voltage: 110/220 VAC
Peak Power Consumption: 2900 Watts
EN.2.08.21
W350 Wi-Fi Scanner and Direction Finder
High performance detection of target device Wi-Fi MAC
address – all controlled via Nyxcell Mission Control (NyxMC).

Optional
Value-Add Equipment
5G Upgrade for Existing Deployments
V850 - 5G Upgrade Solution to V800
Nyxcell V850 is a simple and cost-efficient upgrade path to 5G for clients already using the Nyxcell V800 in the field.

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LAW ENFORCEMENT

BORDER SECURITY

DISASTER RECOVERY
Portable and compact
handheld direction finder
Nyxcell D150
Nyxcell D150 is a radio detection device designed to obtain location of GSM/ UMTS/LTE phones. It can be used with most of active equipment available on the market. Once cell phone is forced to emit signal using “silent call” function of the active system, D150 enables user to monitor radio emission level and direction.

Nyxcell D150 is easy to use, operates from built-in Li-ion battery and is controlled by Android smartphone application via Bluetooth.

Nyxcell D150 direction finder set:
1) Receiver with Bluetooth interface
2) Directional antenna
3) Body worn / fabric antenna
4) Small omni antenna
5) Android smartphone with control application
6) Battery charger
7) Power bank
8) Bag for concealed carry
9) Rugged case
Packet Pg. 623
EN.11.06.18
Portable and compact
handheld direction finder
Sensitivity: approx. -110 dBm
Size: 130 x 80 x 20 mm
Weight: approx. 300 g
Run time: more than 3 hours (fully charged)
Charging: via USB type C connector
Uplink/downlink signal monitoring
Real time and time scale windows

GSM UMTS LTE
850MHz 1 1-5
900MHZ * 2 7
1800MHz 5 8
1900MHz 8 12-14
17 20
25 26
28 29 (downlink)
30 40 (TDD)
41 (TDD)
60 71
*- (including Extended GSM)
Other bands available on request
Manual frequency measurement 350-3700 MHz
Supported bands:

Packet Pg. 624
TACTICAL SUPPORT EQUIPMENT, Inc. (TSE)
STANDARD TERMS AND CONDITIONS OF SALE

1. SALE, PRICES AND RELEASES
TSE determines product prices by TSE published price lists in effect and TSE price quote. In the event of extraordinary market-price increases for fuels, metals, raw materials, components, equipment and other productions costs, TSE shall have the right and Buyer shall have the obligation to renegotiate in good faith the price of the goods hereunder not yet shipped, and if agreement is not reached, TSE shall have the right to cancel this contract without liability.

2. TERMS AND METHOD OF PAYMENT
Where TSE has extended credit to Buyer, terms of payment shall be TBD. The amount of credit or terms of payment may be changed or credit withdrawn by TSE at any time for any reason. If the goods are delivered in installments, Buyer shall pay for each installment in accordance with the terms of payment hereof. When Buyer fails to make each payment when it is due, TSE reserves the right to withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which TSE has extended credit to Buyer.

TSE’s suspension of performance may result in a rescheduling delay contingent on current product availability. If TSE deems Buyer’s financial condition does not justify the terms of payment specified herein, TSE may cancel this contract unless Buyer shall immediately pay for all goods which have been delivered and pay in advance for all goods to be delivered

3. TAXES
Prices do not include taxes. TSE is a manufacturer and wholesale distributor and does not collect sales tax. Buyer must provide TSE with a tax-exemption certificate if they are a nongovernment entity. Buyer pays international duties and taxes (if any).

4. TITLE AND DELIVERY
Domestic shipments of goods within the U.S. shall be delivered F.O.B. shipping point. Title and liability for loss or damage shall pass to Buyer upon TSE’s tender of delivery of goods to a carrier or forwarder for shipment to Buyer, and any subsequent loss or damage shall not relive buyer from any obligation. Buyer shall reimburse TSE for costs of insurance and transportation on international shipments and shall be responsible for all import duties, taxes and any other expenses incurred or licenses or clearances required at port of entry and destination. TSE may deliver the goods in installments. Delivery dates are estimates. TSE shall not be liable for any loss or expense (consequential or otherwise) incurred by Buyer if TSE fails to meet the estimated delivery dates because of unavoidable production or other delays.

5. WARRANTIES AND RELATED REMEDIES
The following are in lieu of all conditions or warranties, express, implied or statutory, including but not limited to, any implied conditions or warranty of merchantability or fitness for a particular purpose and of any other warranty obligation on the part of TSE.

TSE, except as otherwise provided below, warrants the product against faulty workmanship or use of defective materials, and warrants that the products conforms to TSE’s published specifications or other mutually agreed upon written specifications for a period of one (3) years from the date of shipment. Testing and other quality control techniques are used to the extent TSE deems necessary to support this warranty. TSE warrants that at the time of delivery, TSE has title to the products free and clear of all liens and encumbrances.

These warranties are only warranties made by TSE and only a written document signed by an authorized TSE officer can amend the warranty.

Continued use or possession of the products after expiration of the applicable warranty period stated above shall be conclusive evidence that the warranty is fulfilled to the full satisfaction of Buyer. TSE makes no warranty as to software products, which are supplied “AS-IS”, or as to experimental or developmental products or products not manufactured by TSE. For products not manufactured by TSE, TSE shall assign to Buyer any rights TSE may have under any warranty of the supplier to the extent permitted by TSE’s contract with its supplier.

If TSE breaches its warranties as contained herein, TSE’s sole maximum liability shall be – at TSE’s option – to repair, replace, or credit Buyer’s account for any products returned by Buyer during the applicable warranty period set forth above. Procedures are as follows:
(a) The Buyer promptly notifies TSE with a detailed written explanation of any alleged deficiencies upon the discovery by the Buyer that the products failed to conform to this contract; Upon notification technical support will attempt to resolve the issue. If within 24 hours the issue is not resolved TSE,Inc will make every effort to supply a loaner system from our pool of loaner systems. (b) The Buyer returns the products F.O.B. to TSE’s plant from where products were shipped; and,
(c) TSE’s examination of the products discloses that such alleged deficiencies actually exist and were: not caused by damage that occurred in shipment; failure caused by products not supplied by TSE; failures that result from accident, misuse, abuse, neglect, mishandling, misapplication, alteration, modifications, improper installation, unauthorized repair or improper testing; or damage attributable to Acts of God. Product(s) under warranty shall be shipped prepaid to TSE for a Return Material Authorization (RMA) number. An original packing slip, invoice or other proof of date of original purchase will be required before TSE renders warranty performance.

Domestic customers within the Continental USA are responsible for shipping/transportation cost from the customer to TSE. TSE pays the shipping cost from TSE to the customer via LTL ground or USPS parcel service only. International customers are responsible for shipping/transportation from the customer to TSE and from TSE to the customer. The customer is responsible for all local and international customs, duties and taxes (if any). If TSE elects to repair or replace the products, TSE shall have a reasonable time to make the repair(s) or replacement. Such repair, replacement or credit shall constitute fulfillment of all liability of TSE to Buyer whether based in contract, tort, indemnity, and statutory provisions or otherwise.

There are no express warranties except as listed above. TSE shall not be liable, or in any way responsible for special, incidental, consequential, punitive, property, or other damages, including, without limitation, loss of goodwill, profits or revenue, loss of use of this product(s) or any associated equipment, cost of substitute equipment, downtime cost, or claims of any part dealing with Buyer for such damages, resulting from the use of this product(s), or arising from breach of warranty or contract, negligence, or any other legal theory. All express and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above.

TSE may provide technical, applications or design advice, quality characterization, and reliability data or service in connection with Buyer’s order. Providing these items shall not expand or otherwise affect TSE’s warranties set forth above and no obligation or liability shall arise from TSE’s provision of such items.

6. CONTINGENCIES
TSE is not liable, either wholly or in part, for nonperformance or a delay in performance due to force majeure or contingencies or causes beyond the reasonable control of TSE, including but not limited to, shortage of labor, fuel, raw material, components or machinery or technical or yield failure where TSE has exercised ordinary care in the prevention thereof. Production and deliveries may be allocated by TSE in a reasonable manner in the event of shortage of goods.

7. MILITARY APPLICATIONS AND/OR ENVIRONMENTS.

TSE products are considered Commercial off the Shelf (COTS) products that are suitable for use “AS-IS” in military application and or military environments that do not exceed TSE products’ specifications.

8. CRITICAL APPLICATIONS
Certain applications using TSE product may invoke potential risks of death, personal injury or severe property or environmental damage (“Critical Applications”). TSE products are not designed and are not warranted as suitable for use in life-support applications, devises or systems or other Critical Applications. Use of TSE products in such Critical Applications is understood to be fully at the risk of Buyer.

9. CONFIDENTIALITY
“Confidential information” means information of TSE that relates to TSE products, specifications, drawings, design, computer programs, trade secrets, business and technical information, and data disclosed by TSE to Buyer in document or other tangible form bearing an appropriate legend indicating its confidential or proprietary nature. TSE shall indicate “Confidential Information” to the Buyer within fifteen (15) days of the initial disclosure. Buyer may use Confidential Information of TSE only for the purpose of this contract and shall protect such Confidential Information from disclosure to others, using the same degree of care used to protect its own proprietary information of like importance, but in any case using no less than a reasonable degree of care. Buyer agrees not to “reverse engineer” Tactical Support Equipment products by any means, shape or form. Buyer my disclose Confidential information received hereunder only for the purpose described in this contract and only to its employees and consultants who have a need to know for such purpose and who are bound by signed, written agreements to protect the received Confidential Information for unauthorized use and disclosure. All obligations hereunder, including without limitation any and all obligations regarding the use and disclosure of Confidential Information, shall continue for a period of ten (10) years from the disclosure date of the affected Confidential Information.

10. LIMITATION AND DISCLAIMER OF DAMAGES
If TSE breaches any provisions of this contract other than its warranties as contained in Section 8, TSE’s sole liability shall not exceed the total contract price specified herein less the purchase price for any items delivered and accepted hereunder. Remedies for breach of warranty are limited to those stated in Section 8.

In no event shall TSE be liable to anyone for special, collateral, indirect, exemplary, incidental or consequential damages for breach of any of the provisions of this contract, such damages to include but not be limited to, costs of rework, retesting or removal and reinstallation of products, loss of goodwill, loss of profits, or loss of use.

11. TERMINATION AND CANCELLATION
All sales are final. No returns. Buyer may terminate this contract in whole or in part upon (120) days advance written notice with the exception of Training Contracts. In such event, the Buyer shall pay for products shipped before the termination date and is responsible for all costs incurred by TSE including, but not limited to, initial costs, labor costs, cost of procured parts, termination costs of contracts with sub-contractors, and other costs, expenses and losses incurred by TSE in the performance of the work terminated. Training contracts may not be modified or cancelled within (30) days of scheduled training. Any requests for changes or cancellations will result in the course being charged at the contracted price.

12. NON-WAIVER OF DEFAULT
TSE may decline to make further shipments for any default by the Buyer. If TSE elects to continue to make shipments, TSE’s action shall not constitute a waiver of any default by Buyer or in any way affect TSE’s legal remedies for any such default.

13. GOVERNING LAW
State of North Carolina laws shall govern the validity, performance and construction of this contract.

14. EXPORT CONTROL
The products covered by this contract may fall within the group of “strategic” electronic products or technical data that are wholly or partly of U.S. origin or technology, the export of which is subject to export license control by the U.S. government. Therefore, prior to exportation, Buyer is required to obtain any licenses which may be required under the applicable laws of the U.S., including the export administration act and regulations.

15. GOVERNMENT CONTRACTS
If the goods are to be used in a U.S. Government contract or subcontract, those mandatory clauses, except as noted below, of the applicable U.S. Government procurement regulations shall be incorporated by reference. Unless otherwise agreed upon in writing, certified cost or pricing data will not be provided and Cost Accounting Standards, Defective Pricing, and Audit requirements will not apply.

16. ASSIGNMENT
This contract shall not be assignable by either party without the written consent of the other party. Unauthorized assignment shall be void.

17. MODIFICATION
This contract constitutes the entire agreement between the parties relating to the sale of the goods described on the face hereof and supersedes all previous communications, representations, or agreement, either oral or written, with respect to the subject matter hereof.

No representations or statements of any kind made by any representative of TSE, which are not stated herein, shall be binding on TSE. No addition to or modification of any provision upon the face or reverse of this contract shall be binding upon TSE unless made in writing and signed by a duly authorized representative of TSE. No course of dealing or usage of trade or course of performance shall be relevant to explain or supplement any term expressed in this contract.

Packet Pg. 625
1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this _____ day of __________, 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 Tactical Support Equipment Incorporated, a North Carolina corporation with its principal place of business at 4039 Barefoot Rd, Fayetteville, NC 28306 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

Section 1. DEFINITIONS.

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.

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 vehicle 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.

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.

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 Packet Pg. 627
3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “B,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. 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.

B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.

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 “B.” 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 “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” 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 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 Packet Pg. 628
4 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. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;

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

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 of the final Progress Milestone payment pursuant to Section 7.D 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 for the final Progress Milestone 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 in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.

B. 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 Packet Pg. 629
5 scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES.

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.

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.

Packet Pg. 630
6 Section 12. TITLE AND RISK OF LOSS.

Section 13. INDEMNIFICATION.

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 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.

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:

Packet Pg. 631
7 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 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;

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 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.

Packet Pg. 632
8 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 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.

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

Section 15. LIENS.

Section 16. TERMINATION OF AGREEMENT BY CITY.

If City’s cost of obtaining the Goods, including compensation for additional managerial Packet Pg. 633
9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

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

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 Packet Pg. 634
10 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.

Section 18. MISCELLANEOUS PROVISIONS.

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Lieutenant Michele Mahan
With Copy To:

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

Tactical Support Equipment Inc.
4039 Barefoot Road
Fayetteville, NC 28306
Attn: Carl Beene
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.

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

Packet Pg. 635
11 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.

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

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 Packet Pg. 636
12 as an original signature for all purposes and shall have the same force and effect as an original signature
P. Federal Requirements. When funding for the Goods is provided, in whole or in part, by an agency of the federal government, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D”, attached hereto and incorporated herein by reference (the “Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 637
13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND TACTICAL SUPPORT EQUIPMENT 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

SUPPLIER

TACTICAL SUPPORT EQUIPMENT
INC.

Signature
Name
Title
Packet Pg. 638
14 Exhibit A
Goods Specifications
[ATTACHED]
Packet Pg. 639
15 Exhibit B
Delivery Schedule
Equipment shall be delivered to the San Bernardino Police Department at 710 N. D Street, San Bernardino, CA 92401 within 180 days of issuance of a purchase order.

Packet Pg. 640
16 Exhibit C
Fee Schedule
[ATTACHED]
Packet Pg. 641
17 Exhibit D
Federal Requirements
In addition to the terms and conditions outlined by the Agreement, Supplier must comply with the following:

1. Supplier must comply with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

2. Supplier shall comply with the with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).

3. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c) — Supplier must comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, “Suppliers and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The City shall report all suspected or reported violations to the responsible federal contracting officer.

4. Contact Work Hours and Safety Standards Act (40 U.S.C. 327–333) — If applicable, Supplier must comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR Part 5). Under Section 102 of the Act, each Supplier is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

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18 5. Rights to Inventions Made Under a Contract or Agreement —If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Supplier wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

6. Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as amended — Supplier shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (41 U.S.C. 7401 et seq. ), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq. ), Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as amended. City will report violations to the responsible federal contracting officer and the Regional Office of the Environmental Protection Agency (EPA).

7. Supplier must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

8. Debarment and Suspension (Executive Orders 12549 and 12689) — Contract awards shall not be made to parties listed on nonprocurement portion of the General Services Administration's Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs in accordance with Executive Orders 12549 (3 CFR, 1986 Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p. 235),“Debarment and Suspension.” This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than Executive Order 12549. Suppliers with awards that exceed the small purchase threshold Packet Pg. 643
19 must provide the required certification regarding its exclusion status and that of its principals.

9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) — Supplier shall comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Under the Amendment each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the City.

10.Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment — Supplier is prohibited from: (1) Procuring or obtaining; (2) extending or renewing a contract to procure or obtain; or (3) entering into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, this prohibition also extends to video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) as well as telecommunications or video surveillance services provided by such entities or using such equipment. In addition, this prohibition also extends to telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

11.Domestic Preference — As appropriate and to the extent consistent with law, the Supplier shall, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through Packet Pg. 644
20 the application of coatings, occurred in the United States and (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

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Policy 703
Cellular Site Simulator Usage And Privacy
703.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines and requirements pertaining to cellular site simulator technology usage and privacy.

Cellular site simulator technology provides valuable assistance in support of important public safety objectives. As it does with all other technology, the Department must always use cellular site simulators in a manner that is consistent with the Constitution, applicable laws, and all other legal authorities. All information obtained using the technology must be handled in a way that is consistent with applicable statutes and regulations that guide law enforcement in the manner of collection, retention, and disclosure of data. 703.2 AUTHORIZED USES FOR CELLULAR SITE SIMULATOR
Cellular site technology may be used to gather information leading to the identity or whereabouts of persons in the following circumstances:
(a) Apprehension of fugitives
(b) Locating at-risk individuals or victims
(c) Locating missing persons
(d) Locating victims of mass casualty incidents
(e) Assist in felony investigations
703.3 AUTHORIZED USERS AND TRAINING REQUIREMENTS
Cellular site simulator operators require training to ensure they are operating the equipment correctly and within legal guidelines. Department personnel must be trained in the use of the equipment by a qualified Department trainer or, when available, from the product manufacturer. The training must include instruction on the function and proper use of the equipment along with the applicable laws and concerns related to civil liberties.

The Special Enforcement Bureau Division Commander will select equipment operators from investigators assigned to the Special Enforcement Bureau. Personnel designated as operators must be supervised appropriately while using the device.

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703.4 GENERAL DEPLOYMENT
Except as provided in Section 703.5, a search warrant shall be obtained prior to the use of a cellular site simulator. When any department personnel submit a warrant for approval by the court, the warrant should include general information on the technique to be employed and a description of how the technology works. Any descriptions included in the warrant should contain information to ensure the court is fully aware of the technology that may be used and how it functions.
(a) The information in the search warrant shall include:

1. An advisement that the equipment sends signals to all cellular devices within range to cause those cellular devices to emit unique identifiers.

2. An advisement when the intent is to determine unique identifiers at multiple locations and/or multiple times.

3. An advisement that other cellular devices in the area may experience a temporary disruption in service from the service provider and that all operations will be conducted in a manner to ensure the minimal amountof interference with non-target cellular devices

4. An advisement that all data collected during the use of the equipment will be deleted at the conclusion of the operation and that there will be no storage or investigative use of any non-target data absent a further order of the court.
(b) To protect the integrity of any investigation and the operational capabilities of the cellular site simulator, the search warrant author shall:

1. Request that the court order and documents in support of any search application be sealed unless otherwise ordered by the court.

2. Address privileged information as it relates to California Evidence Code 1040.

Operators are responsible to obtain approval from the Special Enforcement Bureau Commander prior to deploying a cellular site simulator. The Special Enforcement Bureau Commander is responsible for ensuring the deployment is compliant with this policy. Prior to each use of the equipment, the operator must verify that the cellular site simulator has been cleared of any data from previous operations or unrelated investigations.

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703.5 EXIGENT CIRCUMSTANCES DEPLOYMENT
In the case of an emergency involving risk of death or serious physical injury to any person requiring the use of cellular site simulator technology without delay, the technology may be deployed prior to obtaining a warrant. Emergency uses of the cellular site simulator must be authorized by the Division Commander. In each case involving the warrantless use of the technology, an application for a warrant or court order authorizing the emergency use of the technology should be filed with the court within three days after the use of the device.
703.6 OUTSIDE AGENCY REQUESTS
The San Bernardino Police Department may assist any Federal, State, or local law enforcement agency with a law enforcement or lifesaving purpose. Requests from outside agencies for assistance involving the use of a cellular site simulator must be approved by the Special Enforcement Bureau Division Commander and be compliant with the requirements established forth below:
(a) The requested deployment is for an approved purpose in compliance with this policy.
(b) A search warrant has been obtained that meets the requirements listed in section 703.4 of this policy.
(c) If a warrantless use of the cellular site simulator is requested, it must involve an emergency involving risk of death or serious physical injury to any person that requires the use of a cellular site simulator without delay. The outside agency requesting use of the device must apply for a warrant or court order authorizing the use of the device within three days after the emergency use.

A copy of any warrant or court order obtained must be supplied to the San Bernardino Police Department.
(d) Only the location and/or device identification number shall be provided to the outside agency for investigative purposes and necessary information will be transferred to outside agency investigators. None of the data unrelated to the requesting agency’s investigation will be shared and it will be destroyed by the San Bernardino Police Department, unless otherwise ordered by the court issuing the warrant.

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upon MOU between the Riverside UASI group and the San Bernardino Police Department.
703.7 RETENTION AND DESTRUCTION OF INFORMATION GATHERED All information obtained during a deployment of a cellular site simulator must be deleted at the conclusion of the operation within the following time periods:
(a) When the equipment is used to locate a known cellular device, all data must be deleted as soon as the target device is located, or at least once daily. (b) When the equipment is used to locate an unknown cellular device, data must be deleted as soon as the target cellular device is identified, and in any event no less than every 30 days.

If the operator identified exculpatory data or evidence during the use of the equipment, any data or evidence obtained must be preserved.
703.8 MONITORING AND AUDITS OF CELLULAR SITE SIMULATOR USE Operators using cellular site simulator equipment will be appropriately supervised to ensure they are operating the equipment in compliance with applicable laws and this policy. The Special Enforcement Bureau Commander will audit the use of the equipment on an annual basis to ensure compliance with this policy and applicable laws. The Division Commander will also be responsible for updating this policy to ensure compliance with new regulations or case law that would guide the use of the equipment, or the handling of data obtained.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Authorize a Budget Amendment to the Adopted
2022/2023 Budget and Enter into a Professional
Service Agreement for a Police Dispatch Consultant
(All Wards)
Recommendation:

Adopt Resolution No. 2022-240 of the Mayor and City Council of the City of San Bernardino, California, authorizing:

1. The Agency Director of Administrative Services to amend the adopted 2022/2023 budget by increasing both revenue and expenditure by $158,670, and issue a purchase order to Kim Turner, LLC in an amount not to exceed $158,670.

2. The City Manager to enter into a professional service agreement with Kim Turner, LLC, for police dispatch consulting and training manual preparation.

Background
The San Bernardino Police Department, and most other police departments, have had significant issues in recruiting, hiring, training, and retaining competent police dispatchers. The police dispatcher is the first person people speak to in an emergency when they dial 911. The dispatcher is responsible for gathering the necessary information from the caller and dispatching police officers. The dispatcher is responsible for all radio communications with officers and are also responsible for accessing restricted law enforcement databases to obtain information necessary for efficient police work. The job is high-stress, with no room for error, as the stakes are often literally life and death.

The dispatch center has not been fully staffed with fully trained dispatchers since before the bankruptcy. This places an increased burden on existing dispatchers as they are forced to work longer shifts, and often on their days off. This has led to burnout, Packet Pg. 656
has had a negative impact on dispatchers’ performance, and has caused several dispatchers to seek employment elsewhere.

The hiring process for a dispatcher is similar to that of a police officer with the exception of the physical agility test. The hiring process takes three to five months to complete as it includes a background investigation, medical examination, psychological examination, polygraph, and other components, totaling several thousand dollars to hire each employee. Once hired, the dispatch training program takes about one year to complete. Losing a trained dispatcher to another organization is costly and inefficient.

Currently, the dispatch center is being operated by 13 of the 25 allotted fully trained, full-time dispatchers. This has led to mandatory overtime for all dispatchers and the need for dispatch supervisors to work as dispatch operators. In August, the dispatch center lost three dispatchers. Two sought employment elsewhere while taking a pay cut and one self-demoted to part time to avoid mandatory overtime. Several others are looking for other employment opportunities.

Discussion
There are a number of issues that are leading to the problems of recruiting, training, and retaining competent police dispatchers. First of all, this is an industry-wide problem across Southern California. Most, if not all police departments are suffering from staffing shortages. Second, the compensation for San Bernardino Police Department dispatchers is not commensurate with their workload. San Bernardino receives an extraordinarily high number of calls for service for its size. Each of these calls for service runs through the dispatch center. Third, the training program for dispatchers has not been revised in a number of years. Our chronic short staffing has eliminated the possibility of staff working on tasks outside the dispatch function. Internally, the San Bernardino Police Department does not have the resources to conduct a top to bottom review of the training program as the command staff are not dispatchers with the necessary experience, and the dispatchers and dispatch supervisors are already taxed to the limit with their current workload. Additionally, an outside review of dispatch operations can provide a fresh perspective and avoid insularity.

We have reached out to our partners at San Manuel in search of collaboration with them to overcome these problems. They have identified similar internal shortcomings, and more importantly, recognized the distinct communal advantage of rectifying them.

San Manuel agrees that Kim Turner, LLC is best suited to help the Department overcome these issues and work toward a sustainable dispatch center. San Manuel has decided to provide $158,670 to fund the professional services of Kim Turner, LLC. through the current San Manuel Agreement. In exchange, Department Staff will relay training materials and best practices to the San Manuel Communication Center so they can improve their operations.

The San Bernardino Police Department is proposing to hire Kim Turner of Kim Turner, LLC to conduct a review of the dispatch center, its operations, training, and schedules.

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This review will include recommendations for improvements and an implementation process for said recommendations. Furthermore, Kim Turner, LLC will prepare a new dispatch training manual for the San Bernardino Police Department.

Kim Turner, LLC is being recommended as a sole source option for this project due to:
• San Manuel’s agreement to fully fund the cost for services by Kim Turner, LLC. • Kim Turner, LLC utilizes a proprietary system of methodology and evaluation.

As such, no other company nor entity is authorized to evaluate or use the evaluation system.
• Current staffing level, of less than 50%, is creating a public safety emergency resulting in diminished customer service, mandatory overtime, and employee burnout.
• Nationally, there are public safety consulting companies however their expertise generally lies with sworn operations, technology, or procurement processes.

Kim Turner, LLC subject-matter-expertise is specific to 9-1-1 operations.

Therefore, solicitation from other sources is predicted to be inadequate to meet the immediate and long-term needs of the department specific to 9-1-1 operations.
• Kim Turner’s extensive knowledge of dispatching issues, not just nationally and on a state level, but also specific to the region which is quite unique. • The respect that she has earned with the dispatchers of the San Bernardino Police Department, many of whom have had training classes with her, thus giving her an immediate degree of credibility within the organization. This will increase the efficacy of her intervention.
• The reputation of her company.
• The Cities of Upland, Glendale, Inglewood, and Montebello have all utilized Kim Turner, LLC recognizing her as a sole source.
2021-2025 Strategic Targets and Goals
The request to enter into an agreement for consulting with Kim Turner, LLC aligns with the following strategic targets and goals: 2. a. Focused, Aligned Leadership and Unified Community: Build a culture that attracts, retains, and motivates the highest quality talent. 3. c. Improved Quality of Life: Evaluate and enhance the quality of public safety services.

Fiscal Impact
The fiscal impact to the City is $158,670 to the General Fund. This will be offset with an increase in the revenue to the General Fund by $158,670 from the existing San Manuel Agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-240 authorizing:

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2. The City Manager to enter into a professional service agreement with Kim Turner, LLC, for police dispatch consulting and training manual preparation.

Attachments
Attachment 1 Resolution 2022-240
Attachment 2 Vendor Proposal
Attachment 3 Professional Services Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2022-240
Resolution 2022-240
November 16, 2022

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RESOLUTION NO. 2022-240

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE
ADOPTED 2022/2023 BUDGET BY INCREASING BOTH
REVENUE AND EXPENDITURE BY $158,670, AND ISSUE A

PURCHASE ORDER TO KIM TURNER, LLC IN AN
AMOUNT NOT TO EXCEED $158,670, AND AUTHORIZE

THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICE AGREEMENT WITH KIM

TURNER, LLC, FOR POLICE DISPATCH CONSULTING
AND TRAINING MANUAL PREPARATION.

WHEREAS, The San Bernardino Police Department Dispatch Center is not operating, scheduled, staffed, or trained efficiently; and
WHEREAS, Current staff do not have the expertise or time to conduct a top down audit; and
WHEREAS, Kim Turner, LLC specializes in dispatch center operations, training and staffing and has agreed to audit the Department’s Dispatch Center; and WHEREAS, San Manuel has agreed to fully fund Kim Turner, LLC to conduct said services.

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

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

SECTION 2. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the adopted 2022/2023 budget, increasing both revenues and expenditures in the amount of $158,670 and issue a purchase order to Kim Turner, LLC for $158,670.

SECTION 3. Mayor and City Council herby authorize the City Manager to execute the Professional Services Agreement with Kim Turner, LLC., attached hereto as Attachment 3 SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Pg. 660
Resolution No. 2022-240
Resolution 2022-240
November 16, 2022

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of November 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-240
Resolution 2022-240
November 16, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-240, adopted at a regular meeting held on the 16th day of November 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Kim Turner, LLC © 2022
Kim Turner
3200 E. Guasti Road, Suite 100
Ontario, CA 91761
(951) 203-6472
[email protected]
August 9, 2022
San Bernardino Police Department
Darren Goodman
Chief of Police
710 N. D Street
San Bernardino, CA 91786
Dear Chief Goodman,
Thank you for the opportunity to respond to your request for consultation related to 9-1-1 operations.

Please, review the scope of work for your consideration.

Respectfully,
Kim Turner, President
Kim Turner, LLC
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Kim Turner, LLC © 2022
Purpose Statement:

The San Bernardino Police department operates a designated primary public safety answering point for 24/7public safety emergency response. The communications center is experiencing hiring and retention issues resulting in a significant staffing shortage. The purpose is to observe and review operational efficiencies, recruitment methods, training procedures, and schedules and provide recommendations and/or implementation.

Scope of Work:

Observation
Kim Turner, LLC will, through sit-alongs and interviews, observance of the work-culture, and review operational procedures of the communications center.

Schedule Overview
Kim Turner, LLC will review the current shift schedules, hours of coverage, full-time equivalent, parttime positions and make recommendations based on best practices to maximize employee efficiency.

Training
Kim Turner, LLC will review the current training program and training materials. The review will include recommendations and/or implementation of methodology to include adult learning principles, mentoring, and procedures to maximize employee performance in an effort to positively influence retention. The scope does include a revision or updating of training manuals.

Mentoring
Kim Turner, LLC will provide structured mentorship with the assigned communications center leadership team.

Timeline:

The mutually agreed upon timeline, ideally, would flow as follows:
• Six-weeks: Review of current schedules, training materials • Twelve-weeks: Observation period, schedule recommendations • Twelve-weeks: Training program recommendations, employee training • Structured mentorship with communications leadership
Quote for Services
The deliverables may overlap, run parallel or be provided independent of other action items thus the billing cycle is every four-weeks.

Project Milestones:
• Schedules, training materials review
• Observation period, schedule recommendations
• Training recommendations, employee training
• Structured mentorship with communications leadership
• Draft report
• Final report
Fee for all listed services is $158,670.00
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Kim Turner, LLC © 2022
Key Assumptions

1. Payable NET-30.

2. Work requested outside the scope of work will be separately negotiated.

3. All travel and lodging for Kim Turner, LLC related to this project is inclusive of the quote for services will be the sole responsibility of Kim Turner, LLC.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND KIM TURNER, LLC
This Agreement is made and entered into as of November 16th, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Kim Turner, LLC, a Limited Liability Company with its principal place of business at 3200 E. Guasti Road, Suite 100 Ontario Ca. 91761 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Police Communications Center assessment. Observe through sit-along and interview, the work-culture and review operational procedures of the communications center. Review the current shift schedules, hours of coverage, full-time equivalent, part-time positions and make recommendations based on best practices to maximize employee efficiency.

Review the current training program and training materials. The review will include recommendations and/or implementation of methodology to include adult learning principles, mentoring, and procedures to maximize employee performance in an effort to positively influence retention. Update or revise training manuals. Provide structured mentorship with the assigned communications center leadership team. (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its Packet Pg. 666
2 performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $158,670. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

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3 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material Packet Pg. 668
4 respects to the requirements of the Scope of Work.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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5 b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

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6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

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7 g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any Packet Pg. 672
8 such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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9 k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members Packet Pg. 674
10 of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or Packet Pg. 675
11 developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

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12 27. Organization. Consultant shall assign Kim Turner as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Darren Goodman, Chief of Police
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:

Kim Turner, LLC
3200 E. Guasti Rd. Suite 100
Ontario, CA 91761
Kim Turner

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and Packet Pg. 677
13 provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

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14 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

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

BETWEEN THE CITY OF SAN BERNARDINO

AND KIM TURNER, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

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

CONSULTANT
Signature
Name
Title
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16 EXHIBIT A
Purpose Statement:

The San Bernardino Police department operates a designated primary public safety answering point for 24/7 public safety emergency response. The communications center is experiencing hiring and retention issues resulting in a significant staffing shortage. The purpose is to observe and review operational efficiencies, recruitment methods, training procedures, and schedules and provide recommendations and/or implementation.

Scope of Work:

Observation
Kim Turner, LLC will, through sit-alongs and interviews, observance of the work-culture, and review operational procedures of the communications center.

Mentoring
Kim Turner, LLC will provide structured mentorship with the assigned communications center leadership team.

Timeline:

Project Milestones:
• Schedules, training materials review
• Observation period, schedule recommendations
• Training recommendations, employee training
• Structured mentorship with communications leadership
• Draft report
• Final report
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17 Fee for all listed services is $158,670.00 Kim Turner, LLC © 2022 Key Assumptions

1. Payable NET-30.

2. Work requested outside the scope of work will be separately negotiated.

3. All travel and lodging for Kim Turner, LLC related to this project is inclusive of the quote for services will be the sole responsibility of Kim Turner, LLC.

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18 Packet Pg. 683

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Accept the 2022 COPS Hiring Program Grant
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-241 authorizing:

1. The City Manager to Accept the 2022 Department of Justice Community Oriented Policing Services Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget with an appropriation of $1,250,000 in both revenues and expenditures in grant funds and $348,870.90 in General Fund expenditures in grant match requirements.

3. The police department to increase sworn staffing from 287 to 297.

Background
The Department of Justice COPS grant is intended to reduce crime and promote public safety through community policing by providing support to law enforcement agencies nationwide. The grant supports hiring law enforcement officers to increase an agency's community policing and crime prevention capabilities.

On April 14, 2022, the Department of Justice released the FY 2022 COPS Hiring Program (CHP) solicitation. The award provides funding for up to 75 percent of the approved entry-level salary and fringe benefits of each newly hired or rehired full-time sworn career law enforcement officer over three years of the award period. There is a minimum 25 percent local cash match requirement unless otherwise waived, and a maximum federal share of $125,000 per officer position. Funding from this program may be used to:

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 Hire New Officers
 Rehire Officers (laid off as a result of budget reductions)  Rehire Officers (at the time of application, currently scheduled to be laid off as a result of budget reductions)
In June of 2022, the Police Department submitted a CHP application requesting funding to hire ten new police officers. The grant would partially fund those ten positions for three years, with the City being obligated to maintain those ten positions for an additional two years beyond the three-year CHP funded period. The CHP grant application process was highly competitive; San Bernardino was one of 711 law enforcement agencies that applied for funding. On October 13, 2022, the City received notification that the 2022 grant application was approved, awarding a total of $1,250,000 toward the hiring of ten police officers. San Bernardino was one of only 180 (25% of all applicants) jurisdictions that received CHP grant awards nationwide.

Discussion
In February of 2019, the Mayor and City Council adopted resolution 2019-29, restructuring the department to support a community-oriented policing model and philosophy by forming five policing districts and assigning personnel to each of those districts. The Police Department intends to use the grant funds awarded through the 2022 CHP grant to continue supporting community-oriented policing efforts and reduce gun related violent crime within the City.

Recently, Police Chief Goodman ushered in new strategies to improve the delivery of public safety services. Staff identified several positions within the Department where personnel shortages negatively impacting public safety. During the Quarter One Budget Review, staff requested the addition of the identified positions to improve public safety, including six police officers which would be assigned to the Community Policing Districts.

Over the last three years, the Department has successfully funded 28 police officers’ positions and 14 professional staff through grants and agreements with external funding sources. As an alternative to the six police officer positions requested during the Quarter One Budget Review, the Department sought grant funding and was awarded the 2022 COPS Grant. While historically, the City has received a complete waiver of matching funds, the grant was awarded without the waiver this year.

Although the Department’s original request was six police officers at the cost of approximately $910,592 a year, COPS Grant funding will now allow the City to hire ten police officers at an average expense of $1,267,653 a year over the five-year grant term. Adding ten officers to the Department will enable the Department to grow the number of patrol officers assigned to each policing district and result in more officers available to respond to calls for service
CHP grant funds cannot be used to supplant local funds by paying for officer Packet Pg. 685

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positions currently funded through the adopted budget. To use the funds, the Department will be required to increase the number of authorized police officers from 287 to 297. The award of the CHP grant creates an opportunity to increase officer staffing levels within the Police Department while also covering most of the cost for the first year of employment. The full grant performance period is 10/1/2022 through 9/30/2027 and during the second and third years of the performance period, the City would provide a progressively greater share of the cost for each officer. This would effectively delay the full cost of the additional officers. Beginning 10/1/2026 and lasting through 9/30/2027, the City would be responsible to cover the entire cost of each position. Based on current hiring plans, staff anticipates hiring for positions funded through this grant program as early as December 15, 2022, and completing the hiring of all ten positions by 3/9/2023. Staff is requesting authorization to expend CHP grant funds as early as December 15, 2022.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the 2022 Department of Justice, Community Oriented Policing Services (COPS) Hiring Program Grant aligns with Goal No. 1. Improved Operational & Financial Capacity: Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact

FISCAL YEAR COST GRANT SHARE GENERAL FUND
SHARE
Current Fiscal Year $1,348,870.90 $1,000,000.00 $348,870.90 Next Fiscal Year $1,426,805.90 $200,000.00 $1,226,805.90 3 rd Fiscal Year $1,557,019.70 $50,000.00 $1,507,019.70 4 th Fiscal Year $1,603,730.30 $0 $1,603,730.30
5 th Fiscal Year $1,651,842.20 $0 $1.651.842.20
Budget Adjustment:

Yes
SOURCE OF FUNDS:

FY 2022 CHP grant funds supply
$1,250,000 of the total cost For Fiscal Year: 22/23
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-241 authorizing:

1. The City Manager to Accept the 2022 Department of Justice Community Oriented Policing Services Grant.

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requirements.

3. The police department to increase sworn staffing from 287 to 297.

Attachments
Attachment 1 Resolution No. 2022-241
Attachment 2 Grant Documents
Ward:

All Wards
Synopsis of Previous Council Actions:

December 1, 2021 Approved Resolution 2021-284 To accept the FY2021 CHP Grant Funds
July 15, 2021 Approved Resolution 2020-167 to accept and administer the FY2020 CHP Grant funds
February 20, 2019 Approved Resolution 2019-29 adopting the Community Oriented Policing and Problem Solving Philosophy
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Resolution No. 2022-241
Resolution 2022-241
November 16, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-241

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
2022 DEPARTMENT OF JUSTICE COMMUNITY

ORIENTED POLICING SERVICES GRANT,

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/23 ADOPTED BUDGET WITH AN APPROPRIATION
OF $1,250,000 IN BOTH REVENUE AND EXPENDITURES
IN GRANT FUNDS AND $348,870.90 IN THE GENERAL

FUND EXPENDITURES IN GRANT MATCH

REQUIREMENTS, AND AUTHORIZING THE POLICE

DEPARTMENT TO INCREASE SWORN STAFFING FROM
287 TO 297.

WHEREAS, The City of San Bernardino has been awarded the 2022 Department of Justice, Community Oriented Policing Services Hiring Program Grant in the amount of $1,250,000.00, and
WHEREAS, The City will use the funding to promote community policing efforts and reduce gun related violent crime.

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

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

SECTION 2. The City Manager is hereby authorized to accept the 2022 Department of Justice Community Oriented Policing Services Hiring Program Grant in the amount of $1,250,000 for the grant period October 1, 2022 through September 30, 2027.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY2022/23 Adopted Budget with an appropriation of $1,250,000 in both revenues and expenditures for grant funds and a General Fund match requirement of $348,870.90 in expenditures.

SECTION 4. The Police Department is hereby authorized to increase sworn staffing from 287 to 287, effective October 1, 2021.

Packet Pg. 688
Resolution No. 2022-241
Resolution 2022-241
November 16, 2022

Page 2 of 3 ends

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of November 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 689
Resolution No. 2022-241
Resolution 2022-241
November 16, 2022

Page 3 of 3 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. 2022-241, adopted at a regular meeting held on the 16th day of November 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 690
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 1/22 October 13, 2022
Dear Francisco Hernandez,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by SAN BERNARDINO, CALIFORNIA, CITY OF for an award under the funding opportunity entitled 2022 FY 2022 COPS Hiring Program. The approved award amount is $1,250,000.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

ROBERT CHAPMAN
Acting Director
Office for Civil Rights Notice for All Recipients
 Award Letter
Packet Pg. 691
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 2/22 The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups.

In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).

The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
 Award Information
Packet Pg. 692
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 3/22 Recipient Name

SAN BERNARDINO, CALIFORNIA, CITY OF
UEI
HRJPGFZSC3H6
ORI Number
CA03610
Street 1
710 N D ST.

Street 2
City

SAN BERNARDINO
State/U.S. Territory
California
Zip/Postal Code
92401
Country
United States
County/Parish
——
Province
——
Federal Award Date
10/13/22
Award Type
Initial
Award Number
15JCOPS-22-GG-03370-UHPX
Supplement Number
00 Federal Award Amount
$1,250,000.00
Funding Instrument Type
Grant
Recipient Information
Award Details
Packet Pg. 693
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 4/22

16.710 Public Safety Partnership and Community Policing Grants The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq I have read and understand the information presented in this section of the Federal Award Instrument.

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2022 FY 2022 COPS Hiring Program
Application Number
GRANT13635773
Awarding Agency
COPS
Grant Manager Name

TAMMY RICHARDSON
Phone Number
800-421-6770
E-mail Address
[email protected]
Assistance Listing Number Assistance Listings Program Title Statutory Authority
 Project Information
Packet Pg. 694
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 5/22 Project Title
FY22 COPS Hiring Program (CHP)
Performance Period Start Date
10/01/2022
Performance Period End Date
09/30/2027
Budget Period Start Date
10/01/2022
Budget Period End Date
09/30/2027
Project Description
The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction’s community policing capacity to prevent and disrupt crime and violence.

I have read and understand the information presented in this section of the Federal Award Instrument.

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the  Financial Information
Packet Pg. 695
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 6/22 final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 9/12/22 6:10 PM
No items
Sworn Officer Positions $4,332,696.40 $0.00 $4,332,696.40 Civilian or Non-Sworn Personnel $0.00 $0.00
Travel $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00
SubAwards $0.00 $0.00 $0.00
Procurement Contracts $0.00 $0.00 $0.00
Other Costs $0.00 $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
Total Project Costs $4,332,696.40 $0.00 $4,332,696.40
Comments
Budget Category Proposed Budget Change Approved Budget Percentages Packet Pg. 696
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 7/22 Federal Funds: $1,250,000.00 28.85%
Match Amount: $3,082,696.40 71.15%
Program Income: $0.00 0.00%
Sworn Officer
Civilian Personnel
Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
I have read and understand the information presented in this section of the Federal Award Instrument.

Budget Detail Summary View
Budget Category
 Other Award Documents
Packet Pg. 697
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 8/22 Approved Problem Focus Area: Violent Crime: Gun Violence 10 Full‐Time Officers Funded
10 New Hires
0 Rehires Previously Laid Off
0 Rehires Scheduled for Lay Off
I have read and understand the information presented in this section of the Federal Award Instrument.

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2022, Public Law 117-103, Division E, Title VII, Section 742.

Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award.

Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions.  Award Conditions
1 2
3 4
Packet Pg. 698
10/31/22, 2:29 PM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 9/22 Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337.

Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law. (3) When the recipient agrees to the termination and termination conditions. (4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award.
(5) Pursuant to any other termination provisions included in the award.

2. C.F.R. § 200.340.

Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable 2022 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application.
5 6
7 8
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https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 10/22 Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition— a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise;
c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.

The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection).

Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.

Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute.

False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733. 9 10
11 12
Packet Pg. 700
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https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 11/22 System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management and Universal Identifier Requirements A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term.

B. Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you until the entity has provided its Unique Entity Identifier to you.

2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

C. Definitions
For purposes of this term:

1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov).

2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.

3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part:
a. A foreign organization;
b. A foreign public entity;
c. A domestic for-profit organization; and
d. A Federal agency.

4. Subaward has the meaning given in 2 CFR 200.1.

5. Subrecipient has the meaning given in 2 CFR 200.1.
13 Packet Pg. 701
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The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.

Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).

2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if—
i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov. 14 Packet Pg. 702
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https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 13/22 ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.
d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;
Packet Pg. 703
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3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.

6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)).

Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.

Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency’s community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award.

Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R.

Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:
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1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with Packet Pg. 705
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5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.

Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).

Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603.

Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112.

Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high-risk recipient. 2 C.F.R. § 200.208. 18 19
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Extensions: Your agency may request an extension of the 60-month award performance period to receive additional time to implement your award program. Such extensions do not provide additional funding. Any request for an extension will be evaluated on a case-by-case basis. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Reasonable justifications may include difficulties in filling COPS Office-funded positions, officer turnover, or other circumstances that interrupt the 36-month funding period. An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received prior to the end date of the award.

Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).

Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b).

Local Match: COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must be paid during the award period. The local match contribution must be made on an increasing basis during each year of the three-year award period, with the federal share decreasing accordingly. 34 U.S.C. § 10381(g).

Retention: At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state 22 23
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Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories:
• Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency’s budget; • Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or • Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions.

If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency.

Memorandum of Understanding Requirement (for School Resource Officers only) Recipients using award funding to hire and/or deploy School Resource Officers into schools understand and agree to the following:
• Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award letter.
• Your agency’s MOU must contain the following information; o The purpose of the MOU
o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers’ roles on safety o Information sharing
o Supervision responsibility and chain of command for the SRO o Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency’s implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de-obligation.

Contracts and/or MOUs with other Jurisdictions: Sworn law enforcement officer positions awarded must be used for law enforcement activities or 28 29
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Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime problem/focus areas to address in their 2021 COPS Hiring Program (CHP) application:
• Building Legitimacy and Trust
• Violent Crime/Gun Violence
• Combatting Hate and Domestic Extremism
• Police-based Response to Persons in Crisis
Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP award application;
Your agency will address its specific priority crime problem throughout the entire CHP award period; Your agency will implement any organizational changes identified in its CHP award application; Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements.

Modifications: Occasionally, a change in an agency’s fiscal or law enforcement situation necessitates a change in its COPS Office CHP award.

Award modifications under CHP are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application, the agency would have to request a modification. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

During the CHP award period, it may become necessary for an agency to modify its CHP award due to changes in an agency’s fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and/or reduce the entry-level salary and fringe benefit amounts. For example, an agency may have been awarded CHP funding for 10 new, additional full-time sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all 10 positions and must reduce its request to five full-time positions; or an agency may have been awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire 31 32
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School Resource Officer (SRO) Training Requirement: COPS Office-funded SRO(s) are required to complete an SRO 40-hour basic training course from a list of COPS Office approved provider(s). Training must be completed no later than nine months after the date shown on the award congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office-funded SRO leaves the recipient agency after completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a 40 hour basic training course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed 40-hour basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency must coordinate with the training provider if they want funds to cover registration and travel costs.

Community Policing: Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were identified and described in your CHP award application. Your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving—your agency’s plan to assess and respond to the problem identified; (b) community partnerships and support, including related governmental and community initiatives that complement your agency’s proposed use of CHP funding; and (c) organizational transformation—how your agency will use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your agency is required to implement the community policing plan it set forth in the CHP award application.

The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must implement your agency’s approved community policing plan, which you described in your award application.

Background Investigations: Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation, notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award, and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208 If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.339 until the agency can demonstrate the background investigation has been completed.

I have read and understand the information presented in this section of the Federal Award Instrument. 33 34
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B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Title of Approving Official
Acting Director
Name of Approving Official

ROBERT CHAPMAN
Signed Date And Time
9/19/22 2:32 PM
 Award Acceptance
Agency Approval
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Citywide Bus Stop Improvements Change Order (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute Contract Change Order (CCO) #1 to Project No. 13507 with Tryco General Engineering, in the amount of $238,759 for a total contract not to exceed amount of $501,259.

Background
The Public Works Department is responsible for maintaining bus stops at Kendall Drive and Brookfield Street, Kendall Drive and Lakewood Drive, E Street and 36th Street, Rialto Avenue and Macy Street, the Animal Shelter Veterinary Mobile Vehicle Pad, and the Blair Park National Fitness Campaign Pad. These bus stops are deteriorated and lacking ADA compliant access.

On November 3, 2021, San Bernardino County Transit Authority (SBCTA) Board of Directors approved funding from the Transportation Development Act (TDA), Article 3 Transit Stop Access Program, for the Accessibility Improvements for the City of San Bernardino Bus Stops Project in an amount of $50,800 with a local match in the amount of $10,200 provided by the City.

On May 4, 2022, the Mayor and City Council of the City of San Bernardino accepted Article 3 Grant Funds for the Transit Stop Access Program in the amount of $50,800 with a local match of $10,200 provided by the City from Measure I fund for a total of $61,000.

During the preparation of the bid documents, Engineering staff were contacted by the Parks and Recreation Department with a request to add to the bid scope of work a concrete pad at the Blair Park fitness center. The Parks and Recreation Department Packet Pg. 713
received grant funding in the amount of $130,000 to complete the project. The City Council accepted the grant on February 16, 2022.

Additionally, the Animal Services Department contacted the Engineering Division to include a parking pad for the Animal Veterinary Mobile Vehicle that is expected to be completed by mid-year 2023. Animal Services received a grant in the amount of $825,000 from the San Manuel Band of Mission Indians to purchase the vehicle, build a pad, and provide other services for the community. The City Council accepted this grant on February 16, 2022.

Based on the requests above, the scope of work included bus pads improvements at the following locations:
 Rialto Avenue and Macy Street – WB (Ward 3)
 Kendall Drive and Lakewood Drive – EB (Ward 5)
 Kendall Drive and Brookfield Street – EB (Ward 5)
 E Street and 36th Street – NB (Ward 7)
In addition to:
 Animal Shelter Veterinary Mobile Vehicle Pad (All Wards)  Blair Park National Fitness Campaign Pad (Ward 5)
On August 17, 2022, the Mayor and City Council approved Resolution No. 2022-182 awarding the Construction Contract for the City-Wide Bus Improvements Project to Tryco General Engineering.

After the contract was awarded. Engineering staff was again approached by Animal Services to solicit a proposal from Tryco General Engineering to demo the existing coral building and replace a concrete pad to accommodate 20 more dog kennels. Staff negotiated a cost with the contractor at the price of $219,000 with an added contingency of $19,759 to make the total cost of extra work $238,759.

Discussion
The changes contained in Contract Change Order #1 were negotiated and include the provisions of labor, equipment, and material required to demolish the coral building, build a drainage system, and install a new concrete pad to accommodate additional dog kennels.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure by leveraging existing resources, providing needed improvements at local streets for safer and better traffic surfaces, and enhancing public transit services by meeting ADA compliance standards. The project also demonstrates support of Key Target No. 1d. Create a Framework for Spending Decisions as departments leverage economies of scale by combining similar work in disparate functional areas to accomplish projects efficiently and effectively.

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Fiscal Impact
There is no fiscal impact associated with approving CCO#1. The additional change order #1 funds requested have already been approved and are available in the amended FY22/23 budget through the San Manuel Grant Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute Contract Change Order (CCO) #1 to Project No. 13507 with Tryco General Engineering, in the amount of $238,759 for a total contract not to exceed amount of $501,259.

Attachments
Attachment 1 Contract Change Order 1
Attachment 2 Original Construction Contract
Attachment 3 Location Map
Ward
All Wards
Synopsis of Previous Council Actions
June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22.

May 4, 2022 Mayor and City Council adopted Resolution No. 2022-87 accepting the Transportation Act Grant (TDA), Article 3 Grand Funds, for the Transit Stop Access Program in the amount of $50,800 with a local match of $10,200 from
Measure I funds (Fund 129) totaling $61,000; and
authorizing the Director of Finance to amend the fiscal year 2021/22 Capital Improvement Plan (CIP) to include
the Citywide Bus Stop
August 17, 2022 Mayor and City Council approved Resolution No. 2022- 182 awarding the Construction Contract for the City-Wide Bus Improvements Project.

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CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT Mail: 290 North “D” Street
Office: 201 N. “E” Street
San Bernardino, CA 92401
909.384.5140
FAX 909.384.5190
CONTRACT CHANGE ORDER NO. ONE
DATE: NOVEMBER 16, 2022
PROJECT: CITY WIDE BUS STOP IMPROVEMENTS
TO: TRYCO GENERAL ENGINEERING
P.O.BOX 391
Rimforest, Ca. 92378
GENTLEMEN:

You are hereby compensated for performing the additional work as follows:

Description of Change Cost
Removal and disposal of coral, construction of a concrete pad, grading, and install drainage at Animal Control site. $219,000 TOTAL CHANGE ORDER COST $219,000
JUSTIFICATION:

The Animal Control Office have requested an installation of a concrete pad at the existing corral’s location at the Animal Shelter and construct a concrete pad to accommodate 20 extra kennels that are needed to host more animals, the $219,00 was the negotiated price to remove and dispose of the exiting pipe corrals, grading, installation of drainage devices and the construction of 32’ by 60’ concrete slab.

Under the provisions of Section 3-4 “Changed Conditions” of the Standard Specifications, the contractor is entitled to a change order to adjust compensation when subsurface conditions not shown on plans are encountered.

The additional quantities are categorized as “Extra Work” under the provisions of Section 3-3 of the Standard Specifications. Based on that provision, staff authorized the contractor to proceed with work on a lump sum agreed price.

SUMMARY OF CONTRACT COSTS
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Contract Change Order No. One
City Wide Bus Stop Improvements Project

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Mayor and City CouncilNovember 16, 2022

Mayor and City Council
November 16, 2022