Agenda packet — Mayor and City Council, January 18, 2023 (part 7 of 9)

Packet Pg. 1208
POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1

COVERED AUTOS LIABILITY COVERAGE

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.

Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.

AS2-631-510199-322
282
Packet Pg. 1209
POLICY NUMBER: AS2-631-510199-038 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respectto coverage provided by this endorsement, the provisionsof the Coverage Form apply unless modified by the endorsement.

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring.

Premium: $ INCL
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of I 249
Policy Number: AS2-631-510199-322
Packet Pg. 1210
Policy
General Liability
Auto Umbrella
Deductible
$1,000,000
$1,000 for Each Auto ‐ Comprehensive Collision
$3,000,000 General/Professional Liability Self Insured Retention $5,000,00 0 Abuse
or M
olestation Self Insured Retention
WC ‐ Concentra  WC ‐ OHC CA   WC ‐ OHC SWPA
P
olicy #
HAZ 4032244581‐6
AS2‐631‐510199‐322
HMC 4032235752
WA7‐63D‐510199‐352
WA5‐36D‐510199‐312WA7‐63D‐510199‐402
$500,000 Deductible
$250,000 Deductible $100,000 Deductible
Property   ZMD0119116‐06
Excess Liability   C023701‐007
$5
0,000 Property Damage Per Occurrence Deductible EXCEPT:
$150,000 Water or Liquid Damage QUAKE: $100,000 Property Damage and Time Element Combined ‐ Per Occurrence EXCEPT: 5% Property Damage and 5% Time Element Combined At each premises, but not less than $250,000 Property Damage and Time Element combined at any and all premises within defined Earthquake Zone 1. 2% Property Damage and 2% Time Element Combined At each premises, but not less than$250,000 Property Damage and Time Element Combined at any and all premises within defined Earthquake Zone 2.

FLOOD: $ 100,000 Property Damage and Time Element Combined at any and all premises (Per Occurrence) EXCEPT: $ 1,000,000 Property Damage and $1,000,000 Time Element at each Location within a Special Flood Hazard Area $ 250,000 Property Damage and Time Element Combined at each Location within a Moderate Flood Hazard Area $150,000 Self Insured Retention    
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HAZ 4032244581-6
Packet Pg. 1212
POLICY NUMBER: HAZ 4032244581-6 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an add itional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Packet Pg. 1213

WAIVER OF RIGHTS OF RECOVERY

APPLICABLE TO GENERAL LIABILITY COVERAGE FORM
The changes set forth below are applicable only to the Commercial General Liability Coverage Form G145566-A, G-145567-A).

The Healthcare Liability Policy Common Conditions (G-144102-A) are amended as set forth below:

Condition XII., Transfer of Rights of Recovery is amended by the addition of the following:
Solely within the scope of this endorsement as indicated above, we waive any right of recovery we may have against any person or organization that you have agreed with, in writing, prior to the date of loss, to waive your right to recover against because of payments we make under the Commercial General Liability Coverage Form for injury or damage arising out of your ongoing operations. This endorsement applies only to:

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

GSL6554XX (4-11)

Page 1 ends

Policy No: HAZ 4032244581-6
Endorsement No:

Effective Date: 1/1/2022
Insured Name: Concentra Group Holdings Parent, LLC
© CNA All Rights Reserved.

Packet Pg. 1214

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Lydie Gutfeld, Director of Parks, Recreation and Community Services
Department: Parks, Recreation, and Community Services
Subject: Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846.

Background
The City of San Bernardino is a congregate meal provider serving seniors 60 years of age and older in the community through the Senior Nutrition Program. The program is administered at six congregate sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center. The City prepares meals at the 5th Street Senior Center, which are then delivered to the meal sites daily. Each year, the City provides approximately 50,000 meals to an estimated 250 recipients. In addition to meals, the City also provides nutrition education to participants through program.

The Senior Nutrition Program is supported by funding received from San Bernardino County Department of Aging and Adult Services (DAAS). The City is currently in the first year of a three-year contract (Resolution No. 22-126) for the period of July 1, 2022, through June 30, 2023, in the amount of $1,220,000.

On March 15, 2022, the City was contacted by DAAS and given the opportunity to submit a proposal to receive additional funding through the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program (HCBS-NI). The HCBS-NI Grant Program is intended to enhance, expand, and increase senior nutrition through capacity and infrastructure improvements throughout the state. On December Packet Pg. 1215
13, 2022, the City was awarded $304,846 for various meal capacity and infrastructure improvements. The funding must be fully expended by December 31, 2023.

Discussion
The aging population is projected to grow substantially over the next decade and the City recognizes a need to take proactive approaches to ensure it can meet the needs of older adults in the community. The HCBS-NI grant funding will permit the City to make substantial improvements that will enhance the Senior Nutrition Program. Those improvements include the replacement of kitchen equipment (serving trays, warmers, refrigerator, mixer, ice machine, dishwasher, transport containers, and carts) and the addition of a new meal delivery vehicle. The existing kitchen equipment is 10-15 years old, and while repairs have been completed over the years, the equipment has reached its useful and food-safety life. The 2008 Chevy delivery van is 16 years old. The funding will permit the City to replace an aging vehicle with a newer, more reliable, and costeffective vehicle in the long-term.

The City also intends to expand and enhance its nutrition education program. In addition to the lecture-style presentations and printed materials currently provided to participants, the funding will allow the City to purchase audio visual equipment (Smart TV, projector, touch screen laptops and cable connections) that will result in greater participant engagement. The funding will also be used to purchase a computer laptop, which will be used by program staff to enter meal and nutrition education data and serve as a back-up for presentations. Currently, the City provides nutrition education to over 400 participants each quarter.

Additionally, in response to Public Safety Power Shutoffs during high-risk conditions, the City intends to purchase portable generators, stationary generators for each site, refrigerated boxes, a flame-resistant cabinet (to house emergency food supplies), grills, and propane tanks that will allow the Senior Nutrition Program to continue to operate at all its locations. The generators and supporting equipment will permit the City to mitigate both spoilage and delivery delays at nutrition sites. 2021-2025 Strategic Targets and Goals
Adoption of this Resolution aligns with Strategic Target No. 1: Improved Operational & Financial Capacity by securing a revenue source to enhance, expand, and increase senior nutrition services into the future and creating a framework for spending decisions, and Strategic Target No. 3: Improved Quality of Life by providing the necessary capacity and infrastructure improvements to serve low cost nutritious meals for the senior aged population.

Fiscal Impact
No fiscal impact to the General Fund. The FY 2022-2023 adopted budget currently has $369,749 budgeted for daily operational costs for the Senior Nutrition Program. The additional $304,846 from the HCBS Senior Nutrition Infrastructure Grant will supplement capacity and allow for infrastructure improvements benefitting the Senior Nutrition Program.

Packet Pg. 1216
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846.

Attachments

1. Attachment 1- Resolution 2023-014 Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant

2. Attachment 2- 2022-23 Proposed List of Items HCBS Senior NI

3. Attachment 3- 2022-23 Letter of Intent to Award HCBS Senior NI Ward:

All Wards
Synopsis of Previous Council Actions:

June 15, 2022 The Mayor and City Council adopted Resolution 2022-126, approving Year One of a Three-Year Grant Allocation with the San Bernardino County Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program.

Packet Pg. 1217
Resolution No. 2023-014
Resolution 2023-014
January 18, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-014

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING TO ACCEPT AND ALLOCATE TO EXPEND

ADDITIONAL GRANT FUNDS FOR THE SENIOR

NUTRITION PROGRAM FROM THE HOME AND

COMMUNITY BASED SERVICES (HCBS) SENIOR

NUTRITION INFRASTRUCTURE GRANT PROGRAM IN
THE AMOUNT OF $304,846.

WHEREAS, The City of San Bernardino is contracted (County Contract #22-666) with the San Bernardino County Department of Aging and Adult Services (DAAS) as one of eight (8) nutrition providers in the County; and
WHEREAS, The Parks, Recreation and Community Services Department submitted a Grant Proposal upon invite to the San Bernardino County DAAS for consideration for funding from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program (California Department of Aging, Mello-Granlund Older Californians Act) to enhance, expand, and increase senior nutrition infrastructure in California; and WHEREAS, on December 14, 2022, San Bernardino County Department of Aging and Adult Services (DAAS) issued a Letter of Grant Award – Older Californians Nutrition Program (California Department of Aging for Home and Community Based services Senior Nutrition Infrastructure Funding) to the City of San Bernardino; and WHEREAS, The City intends to purchase capacity and infrastructure improvements for senior nutrition services. The funds shall be expended by December 31, 2023.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby accept a grant award in the amount of $304,846 from San Bernardino County DAAS of the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY 2022/23 budget by $304,846 in both revenue and expenditures.

SECTION 4. The total appropriation of the grant award shall prioritize purchasing, upgrading, or refurbishing infrastructure for the production and distribution of congregate or home-delivered meals.

Packet Pg. 1218
Resolution No. 2023-014
Resolution 2023-014
January 18, 2023

Page 2 of 3 ends

SECTION 5. That the 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 Acting City Clerk this ___ day of __________ 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 1219
Resolution No. 2023-014
Resolution 2023-014
January 18, 2023

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. 2023-___, adopted at a regular meeting held on the ___ day of _______ 2023 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 ____________ 2023.

Genoveva Rocha, CMC, City Clerk
Packet Pg. 1220
PSA: 20
Provider: City of San Bernardino
Service: C1 1,533,269
Location Equipment to Be Purchased: Equipment Type COST C-1
COST
C-2 Total Cost
1 5th St. Senior Center
600 West 5th St., San Bernardino
(1) Commercial solid door pass-through
warmer
Individual Equipment
$ 11,339 $ 11,339
2 5th St. Senior Center
600 West 5th St., San Bernardino
(1) Upright commercial reach-in refrigerator Individual Equipment $ 8,790 $ 8,790
3 5th St. Senior Center
600 West 5th St., San Bernardino
(1) 30 qt. planetary mixer floor model Individual Equipment $ 19,918 $ 19,918
4 5th St. Senior Center
600 West 5th St., San Bernardino
(1) Commercial ice maker Individual Equipment
$ 6,073 $ 6,073
5 5th St. Senior Center
600 West 5th St., San Bernardino
(1) Commercial dishwasher Individual Equipment
$ 5,832 $ 5,832
6 5th St. Senior Center
600 West 5th St., San Bernardino
(1) 45 gal. flame resistant cabinet (emergency
food)
Cart/Cabinet, Hot/Cold
$ 1,553 $ 1,553
7 5th St. Senior Center
600 West 5th St., San Bernardino
(6) Chafer (food warmers) Individual Equipment
$ 1,213 $ 1,213
8 City of San Bernardino Fleet
182 S Mt View, San Bernardino
(5) Refrigerated box (portable) Refrigerator/Freezer
$ 22,770 $ 22,770
9 5th St. Senior Center
600 West 5th St., San Bernardino
(6) 8 ft. picnic tables with bench seats Individual Equipment $ 12,420 $ 12,420
10 5th St. Senior Center
600 West 5th St., San Bernardino
(2) 8 ft. picnic tables with wheelchair access Individual Equipment $ 4,000 $ 4,000
11 City of San Bernardino Fleet
182 S Mt View, San Bernardino
(3) 60” stainless steel outdoor grill (propane) Individual Equipment $ 8,073 $ 8,073
12 City of San Bernardino Fleet
182 S Mt View, San Bernardino
(6) propane tanks for each grill and one backupIndividual Equipment $ 450 $ 450
13 5th St. Senior Center
600 West 5th St., San Bernardino
(6) round-trip tote (daily supplies) Individual Equipment $ 250 $ 250
14 5th St. Senior Center
600 West 5th St., San Bernardino
(6) hot food containers Cart/Cabinet, Hot/Cold
$ 2,200 $ 2,200
15 5th St. Senior Center
600 West 5th St., San Bernardino
(6) cold food containers Cart/Cabinet, Hot/Cold
$ 2,200 $ 2,200
16 5th St. Senior Center
600 West 5th St., San Bernardino
(6) wheeled dolly Cart/Cabinet, Hot/Cold
$ 2,500 $ 2,500
17 5th St. Senior Center
600 West 5th St, San Bernardino
Perris Hill
780 E 21 St, San Bernardino
Highland Senior Center
3102 E Highland Ave., Highland
Lytle Creek
380 South "K" St., San Bernardino
New Hope Family Center
1505 W. Highland Ave., San Bernardino
Rudy Hernandez
222 North Lugo Ave. San Bernardino
(300) Serving trays Individual Equipment
$ 3,000 $ 3,000
County of San Bernardino
Home & Community Based Services Senior Nutrition Infrastucture Grant Budget \\HSSServer075\DAASHomeShares\a7712\My Documents\Book1 Packet Pg. 1221 PSA: 20
Provider: City of San Bernardino
Service: C1 1,533,269
Location Equipment to Be Purchased: Equipment Type COST C-1
COST
C-2 Total Cost
18 5th St. Senior Center (2)
600 West 5th St, San Bernardino and
Perris Hill (2)
780 E 21 St, San Bernardino
(4) Metal serving carts Individual Equipment
$ 1,500 $ 1,500
19 City of San Bernardino Fleet
182 S Mt View, San Bernardino
(5) 15,000 watt Emergency Generators for
each site (Perris Hill, Highland, New Hope
Family Life Cntr, Lytle Creek, Hernandez
Community Cntr)
$ 18,113 $ 18,113
20 City of San Bernardino Fleet
182 S Mt View, San Bernardino
(1) 120 kilowatts Emergency Generators for
each site (5th St. Senior Center) $ 103,500 $ 103,500
21 City of San Bernardino Fleet
182 S Mt View, San Bernardino
(1) Meal Delivery Cargo van CDA FORM 7037
$ 60,044 $ 60,044
22 5th St. Senior Center
600 West 5th St., San Bernardino
(1) Audio visual equipment ((1) projector,
cable connections, (1) 80 inch smart TV, (2)
touch screen laptops)
CDA FORM 7037
$ 9,108 $ 9,108
$ 304,846 $ - $ 304,846.00
Revenue Sources: Total
State Funds $ -
$ -
$ -
Total Revenue $ -
CDA FORM 7037
Total Expenditures
\\HSSServer075\DAASHomeShares\a7712\My Documents\Book1 Packet Pg. 1222 Packet Pg. 1223

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-015 authorizing:

1. The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $1,097,375 in both revenue and expenditures.

3. The Police Department to increase the approved staffing appropriately.

Background
The Tobacco Grant Program is administered by the U.S. Department of Justice (DOJ), Division of Operations. The Tobacco Grant is a competitive grant process. The Police Department was successfully awarded Tobacco Grant funds during FY 2020/2021 to pay for staffing dedicated to identifying and targeting problematic tobacco retailers in the City. The grant will expire in December of 2023. The Department submitted a proposal for the FY 2022/2023 Tobacco Grant in August 2022. On November 21, 2022, the Department received notification that the proposal was accepted and the City would be awarded $1,097,375 in grant funding to support the newly proposed program.

Discussion
The Tobacco Grant Program is intended to be both enforcement and education based.

Agencies may use the funding to identify and target problematic tobacco retailers and educate the community, parents, youth, and retailers about the deadly effects of underage tobacco use. The Department has applied for the Tobacco Grant as a proactive community policing effort to mitigate the exposure of harmful factors that may be detrimental to the City's youth. The Department's proposal incorporates tobacco Packet Pg. 1224
enforcement and education into the Community Policing Model, provides officers with tobacco enforcement training, and develops a strategy to enhance enforcement capacity and staff knowledge globally. The grant funding will pay for two full-time officer positions and overtime for 36 months (FY 2022/23 through FY 2024/25). 2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the FY 2022/25 Tobacco Grant aligns with Key Target No. 1c: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact to the General Fund with this item as there are no fund match requirements under this grant. The FY 2022/23 will need to be amended, both revenues and expenditures, by $1,097,375.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-015 authorizing:

1. The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $1,097,375 in both revenue and expenditures.

3. The Police Department to increase the approved staffing appropriately.

Attachments
Attachment 1 Resolution No. 2023-015
Attachment 2 Subaward Information Letter
Ward:

All Wards
Synopsis of Previous Council Actions:

January 20, 2021 Mayor and City Council adopted Resolution No. 2021-14, authoring the City Manager to accept the FY 2020/21
Tobacco Grant and the Director of Finance to amend the FY 2020/21 budget appropriating $1,169,028 in both revenue and expenditures; and authorizing the Police Department to increase the approved staffing.

Packet Pg. 1225
Resolution No. 2023-015
Resolution No. 2023-015
January 18, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-015

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY 2022/23 TOBACCO GRANT, THE AGENCY DIRECTOR

OF ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/23 ADOPTED BUDGET APPROPRIATING $1,097,375

IN BOTH REVENUE AND EXPENDITURES, AND THE

POLICE DEPARTMENT TO INCREASE THE APPROVED
STAFFING APPROPRIATELY.

WHEREAS, the City of San Bernardino has been awarded the FY 2022/23 California Department of Justice Tobacco Grant funding in the amount of $1,097,375; and, WHEREAS,. The City will use grant funding to establish tobacco enforcement and education programs to be adopted into the Community Policing Model.

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 the grant agreement between the City of San Bernardino and the California Department of Justice and accept the FY 2022/23 Tobacco Grant in the amount of $1,097,375.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY 2022/23 Adopted Budget increasing revenue and expenditures by $1,097,375.

SECTION 4. The Police Department is authorized to increase staffing appropriately according to the grant.

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

Packet Pg. 1226
Resolution No. 2023-015
Resolution No. 2023-015
January 18, 2023

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2023-015
Resolution No. 2023-015
January 18, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Genoveva Rocha, CMC, City Clerk
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ROB BONTA State of California
Attorney General DEPARTMENT OF JUSTICE

DIVISION OF OPERATIONS

TOBACCO GRANT PROGRAM
P.O. BOX 160187
SACRAMENTO, CA 95816-0187
Telephone: (916) 210-6422
E-Mail: [email protected]
11/15/2022
Jason King, Lieutenant
San Bernardino Police Department, Special Investigations Bureau 710 North D Street
San Bernardino, CA, 92401
Re: Tobacco Grant Award Notification Fiscal Year 2022-23 (RFP: DOJ-PROP56-2022-23-1) Dear Jason King,
Congratulations! On behalf of the California Department of Justice (Department), Tobacco Grant Program, I am pleased to inform you, your agency’s grant application for the fiscal year 2022-23 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency’s grant award is $1,097,375.

The Tobacco Grant Program’s award process is highly competitive, and for the 2022-23 grant cycle, the Department received over $34 million in requested grant funding. Grant funding was prioritized to support local enforcement efforts to reduce the illegal sale of tobacco products to minors. Also, as per the Request for Proposal, any funding for school resource officers/oncampus enforcement was not considered in this funding cycle. Consequently, some awards were approved with modifications based on funding priorities.

To accept the 2022-23 grant award, please return the following by email within 15 calendar days of receipt of this letter:

1. Signed Letter of Intent (template attached), affirming either:
a. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); or
b. No governing body exists and no resolution is required.

2. Award Summary (if modifications are required based on the revised award amount, as indicated in the Award Summary document)
Please email the signed Letter of Intent and other information as indicated above to [email protected] with the subject line: “FY 22-23_Letter of Intent_San Bernardino Police Department, Special Investigations Bureau.” Upon receipt of this information, the Department will provide your agency with additional documents for execution/use (e.g., Packet Pg. 1229
San Bernardino Police Department, Special Investigations Bureau 11/15/2022

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Memorandum of Understanding, Grantee Handbook, etc.). These documents will contain more information about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence January 1, 2023.

Should you have any questions regarding this letter or the required follow up information, please email [email protected].

Sincerely,

For STACY HEINSEN
Manager, Tobacco Grant Program

For ROB BONTA
Attorney General
Attachments:

Letter of Intent
Award Summary
Budget Detail
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Darren L. Goodman, Chief of Police
Department: Police
Subject: Off-Road Police Vehicles Goods Purchasing Agreement Report
Recommendation
It is recommended that of the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith Motorsports to purchase two off-road police vehicles in accordance with the Goods Purchasing Agreement.

2. The Agency Director of Administrative Services to issue a purchase order to Malcolm Smith Motorsports in an amount not to exceed $98,889.70.

Background
On November 16, 2021, The County Board of Supervisors authorized the disbursement of $7 million to each of the five Supervisor Districts under the Priorities Program. This funding was to assist with the purchase of off-road police vehicles for cities surrounding the County flood controls and Santa Ana Riverbed. Other municipalities have already utilized some of these funds for the purchase of these vehicles. Additionally, some of these municipalities are preparing to purchase additional off-road vehicles under this program.

On November 16, 2021, the County of San Bernardino Board of Supervisors allocated $162,334 for the City of San Bernardino Police Department to purchase off-road vehicles for law enforcement purposes in the County flood control areas and the Santa Ana Riverbed. On September 21, 2022, City Council passed Resolution 2022-204, authorizing the City Manager to accept $162,334 from the County of San Bernardino and for the Director of Finance to amend the FY 2022/23 Adopted Budget, for the purchase of the off-road police vehicles.

Discussion
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The City of San Bernardino experiences off-road vehicle related crime in multiple areas of City property, and County property, within the City limits. The County flood control areas along with the Santa Ana Riverbed have been plagued with off-road vehicle trespassing along with homeless encampments. These areas have historically been difficult to police due to their inaccessibility with the City’s current police vehicle fleet.

On September 21, 2022, San Bernardino City Council adopted Resolution No. 2022- 204, authorizing the City Manager to accept the funds and the Director of Finance to amend the adopted FY 2022/23 budget. Upon passage of the Resolution, San Bernardino City Finance Department initiated an open bid process and subsequently did not receive any bids for the two identified vehicles. Local vendors were contacted and did not choose to provide a bid. Ultimately, a formal bid was completed by Malcolm Smith Motorsports in Riverside, California. A Goods Purchasing Agreement has been completed, identifying Malcolm Smith Motorsports as the Vendor, and once authorized, the Finance Department will complete the process of purchasing the vehicles.
2021-2025 Strategic Targets and Goals
The request to authorize the purchase of off-road police vehicles aligns with Key Target No. 3: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The fiscal impact to the City is $98,889.70 to the General Fund. There is sufficient funding the in the FY 2022/2023 Adopted Budget.

Conclusion
It is recommended that of the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith Motorsports to purchase two off-road police vehicles in accordance with the Goods Purchasing Agreement.

2. The Agency Director of Administrative Services to issue a purchase order to Malcolm Smith Motorsports in an amount not to exceed $98,889.70.

Attachments
Attachment 1 Off Road Vehicles Goods Purchasing Agreement Attachment 2 Contract with the County of San Bernardino Ward:

All Wards
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Synopsis of Previous Council Actions:

September 21, 2022 Mayor and City Council adopted Resolution No. 2022- 204, for the acceptance of $162,334 from the County of San Bernardino, and authorized the Agency Director of
Administrative Services to amend the FY 2022/23 adopted budget.

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1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 18th day of January, 2023, 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 Malcolm Smith Motorsports, a Corporation with its principal place of business at 7599 Indiana Avenue, Riverside, California, 92504 (“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 Packet Pg. 1234
2 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 six (6) months, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

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

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

1. Repair the defective Goods;

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

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

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 Packet Pg. 1235
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 “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 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 Packet Pg. 1236
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

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

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

E. Acceptance by Supplier of payment 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.”
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5 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.

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

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

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

Section 10. INDEPENDENT CONTRACTOR.

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

Section 11. SUBCONTRACTS.

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

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6 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.

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:

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7 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, selfinsurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

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

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

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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.

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 Packet Pg. 1241
9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

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

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

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

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

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 Packet Pg. 1242
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.

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: Captain Brian Harris
With Copy To:

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

Malcolm Smith Motorsports
7599 Indiana Avenue
Riverside, CA, 92504
Attn: Brian Anderson
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.

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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.

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

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

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

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

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

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

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

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

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

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

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. 1244
12 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 1245
13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

MALCOLM SMITH MOTORSPORTS
Signature
Joyce F Smith
Name

CFO/CEO
Title
Packet Pg. 1246
14 EXHIBIT A

SCOPE OF SERVICES/SCHEDULE OF CHARGES
This goods agreement is for the “one-time” purchase of two (2) off-road police vehicles and associated equipment. These vehicles are for usage within flood control and riverbed areas. Vehicle shall be delivered filled with fuel and two (2) sets of keys per vehicle.

New/Used Year Make Model Dealer Retail Price
New 2023 CAN-AM MAV MAX XRS TURBO RR $32,799.00
New 2023 ZEIMAN F816 $3,900.00
New 2023 CAN-AM MAV MAX XRS TURBO RR $32,799.00
New 2022 ZEIMAN F816 $3,900.00
Details of Pricing: Parts Add-ons for Both Vehicles with Labor City Base Price $73,398.00
Freight $2,950.00
Customer Added Options $8,466.00
Dealer Prep/Rigging Fee $5,418.00
Subtotal $90,232.60
Registration Fee $164.00
California Tire Fee $28.00
Electronic Veh. Reg. $124.00
Title/License/Registration Fees $76.00
Document or Administration Fees $340.00
Sales Tax $7,925.10
Cash Price $98,889.70
Net Sales (Cash Price – Net Trade) $98,889.70
Sub Total (Net Sale + Other Charges) $98,889.70
Amount to Pay $98,889.70
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Purchase of Night Vision Goggles
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with NightOps Tactical Incorporated;

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $337,623 to NightOps Tactical Incorporated.

Background
The San Bernardino Police Department received formulary grant funds from the Edward Byrne Memorial Justice Assistance Grant (JAG) as a sub-recipient of the County of San Bernardino. JAG grants are cash grants paid in advance and require no matching funds. In 2017, the federal government-imposed conditions on federal grant funds to local law enforcement requiring local agencies to assist with immigration enforcement. This delayed the distribution of JAG funds for law enforcement agencies impacted by those conditions. In August of 2017, the Attorney General challenged this ruling and the related lawsuits concluded in late 2019. In July of 2022, JAG grant funds previously withheld during FY 2017 through 2020 were released for spending.

Discussion
The Police Department consistently looks for ways to improve upon officer safety and service to the community. To help accomplish this goal, the Department proposes using grant funds from the FY 2019 and 2020 JAG awards toward purchasing Night vision goggles.

Officers assigned to the Department’s Special Weapons and Tactics (SWAT) team must perform their tasks during some of the most dangerous situations police officers Packet Pg. 1265
have to face. Working during darkness only adds to those challenges. Currently, while working in dark or low-light environments, SWAT officers are forced to use flashlights.

The flashlights reveal their location, eliminate the element of surprise, and compromises their safety when trying to apprehend dangerous suspects.

When using night vision technology, officers do not need to use flashlights, so they are less likely to indicate their location which compromises their safety. This would give officers an advantage when conducting slow, methodical searches during darkness as well as help detectives working on investigations at night. Investigators will also utilize this technology to prevent illegal activities that include narcotics sales, human trafficking, and other cases where darkness adds a layer of secrecy for criminal activity.

The Finance Department conducted an open bid solicitation process. The bids submitted were evaluated at the conclusion of the bid process. Of the three bids submitted, NightOps Tactical Incorporated was identified as the only vendor that could meet all project specifications at the lowest cost. Based on the bid results, the staff selected NightOps Tactical as the best value vendor.

Vendor Quantity Total
Maxa Beam Searchlight Inc. 27 $291,389.20
Night Ops Inc. 27 $337,623.00
TNVC Inc. 27 $381,096.80
Maxa Beam was the lowest bidder, but they provided an alternative solution that did not meet the bid specs and was not an acceptable solution. 2021-2025 Strategic Targets and Goals
This purchase aligns with Goal No. 3: Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no fiscal impact to the General Fund with this item. There is sufficient funding through JAG grants to execute this purchase.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with NightOps Tactical Incorporated;

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $337,623 to NightOps Tactical Incorporated.

Attachments
Packet Pg. 1266
Attachment 1 Goods Purchase Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

None
Packet Pg. 1267
1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 18th day of JANUARY 2023, 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 NIGHTOPS TACTICAL INC, a CORPORATION with its principal place of business at 5710 Auburn Blvd #23 Sacramento, CA. 95841 (“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.

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 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.

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 Packet Pg. 1269
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 “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.

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.

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. 1270
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. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $0.00 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.”
Packet Pg. 1271
5 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.

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.

Section 11. SUBCONTRACTS.

Packet Pg. 1272
6 Section 12. TITLE AND RISK OF LOSS.

Section 13. INDEMNIFICATION.

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. 1273
7 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;

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. 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.

Packet Pg. 1274
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. 1275
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. 1276
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: Ernest Luna
With Copy To:

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

Nightops Tactical Inc
5710 Auburn Blvd #23
Sacramento, CA. 95841
Attn: John McDonald
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.

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

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11 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.

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

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

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

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12 [SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 1279
13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

City Manager
ATTESTED BY:

Genoveva Rocha CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

NIGHTOPS TACTICAL INC
Signature
Name
Title
Packet Pg. 1280
14 Exhibit A
Scope of 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.

Night Vision Goggles and Accessories
Night Vision Goggles are needed for nighttime operations. One of the most critical advantages of night vision for law enforcement is spatial awareness, which can be applied to many common scenarios. There are incredible rewards to seeing in the dark.

The idea contrasted sharply with the traditional officer using a flashlight at night.

Officers forced to use a flashlight not only limit their situational awareness but also their spatial awareness. As soon as they activate their flashlight, that light beam becomes their world. Add a weapon to the scenario, and the stakes become direr. The officer has little choice but to focus on that beam of light in the dark, and they can lose track of their complete surroundings and situation. This does nothing to address the obvious officer safety issue of broadcasting your location to possible armed suspects in the dark.

Night vision goggles allow the officer not to need a flashlight and does not indicate their location, plus they have complete situational and spatial awareness of their environment.

Packet Pg. 1281
15 Exhibit B
N/A
Packet Pg. 1282
16 Exhibit C
Fee Schedule
Description Quantity Unit Cost Total Cost Comments
NightOps Tactical NT/DTNVS W/Elbit Thin Filmed White
Phosphor Aviation Grade Tubes 27 $9,370.00 $252,990.00 Q2585 CoreSurvival Hel Star 6 HS640-18 IFF 27 $160.00 $4,320.00 Modbutton Lite Dual Lead 27 $108.00 $2,916.00
Wilcox G24B NVG mount 27 $420.00 $11,340.00
Eyepiece CapPlugs & Soft Carrying Case 54 $0.00 $0.00 Included in Line Item 1 123A Lithium batteries 54 $0.00 $0.00 Included in Line Item 1 Daylight Filters 54 $0.00 $0.00 Included in Line Item 1 Eye Cups 54 $0.00 $0.00 Included in Line Item 1
Sacrificial Windows 54 $0.00 $0.00 Included in Line Item 1 Demist Shiels 54 $0.00 $0.00 Included in Line Item 1
IPD Stop 27 $360.00 $9,720.00
Density Filter 27 $17.50 $472.50
Diffuser 27 $13.50 $364.50
Steiner DBAL A3 10011 27 $1,950.00 $52,650.00
NightOps NVG Counterweight Kit - Blk 27 $45.00 $1,215.00 Wilcox NVG lanyard 27 $55.00 $1,485.00
Additional Fees (if any) 1 $0.00 $0.00
Delivery Fee 1 $150.00 $150.00
LMS Defense LE Practical NVG Training - 16 Hour 2 Day
Course 1 $0.00 $0.00
Included for any agency
purchase of over 20 Units.
$337,623.00
Packet Pg. 1283

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with Aardvark.

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $70,000 to Aardvark.

Background
The San Bernardino Police Department received formulary grant funds from the Edward Byrne Memorial Justice Assistance Grant (JAG) as a sub-recipient of the County of San Bernardino. JAG grants are cash grants paid in advance and require no matching funds. In 2017, the federal government imposed conditions on federal grant funds to local law enforcement, requiring local agencies to assist with immigration enforcement. This delayed the distribution of JAG funds for law enforcement agencies impacted by those conditions. In August of 2017, the Attorney General challenged this ruling, and the related lawsuits concluded in late 2019. In July of 2022, JAG grant funds previously withheld during FY 2017 through 2020 were released for spending.

Discussion
The Police Department constantly looks to improve methods used to apprehend violent criminals more effectively on behalf of the public. While doing this, it’s important that the Department does its best to keep officers safe. To accomplish this goal, the Department proposes using grant funds from the FY 2019 and 2020 JAG awards toward purchasing replacement tactical vests.

Special Weapons and Tactics (SWAT) team members are called upon to address Packet Pg. 1284
some of the most dangerous situations that police officers face. A typical situation in which the SWAT team would be called upon could be a situation where an armed suspect is barricaded, with or without a hostage, in a location and is refusing to surrender.

Due to the increased levels of danger that SWAT team members face, the Department seeks to purchase tactical vests that would provide additional protection for SWAT team members in the course of their duties. A tactical vest allows for a plate to be inserted into the vest which would provide additional ballistic protection for the wearer.

The quality of ballistic protection degrades over time from exposure to the elements and officer use and as a result vendors assign an expiration date to each vest. The SWAT teams current vests will expire in July of 2023.

The Finance Department conducted an open bid solicitation process. The bids submitted were evaluated after the bid process. Of the two bids submitted, Aardvark was identified as the vendor that could meet all project specifications at the lowest cost.

Based on the bid results, the staff selected Aardvark as the best-value vendor.

Vendor Quantity Total
AARDVARK 27 $63,415.17
All State Police Equipment 27 $70,362.00
2021-2025 Strategic Targets and Goals
This purchase aligns with Goal No. 3: Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The financial impact to the City is the expenditure of $70,000 from the general fund.

There is sufficient funding in the adopted FY 2022/23 budget to cover this expenditure.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with Aardvark.

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $70,000 to Aardvark.

Attachments
Attachment 1 – Goods Purchase Agreement
Ward:

All Wards
Packet Pg. 1285
Synopsis of Previous Council Actions:

March 7, 2018 Mayor and City Council adopted Resolution No. 2018-60, authorizing the City Manager to issue a Purchase Order to Aardvark for the purchase of SWAT Tactical Vests.

Packet Pg. 1286
1 CITY OF SAN BERNARDINO

GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 18th day of January, 2023, 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 AARDVARK, a CORPORATION, with its principal place of business at 1935 Puddingstone Drive, La Verne, CA. 91750 (“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.

Section 3. INSPECTIONS AND TESTS.

Section 4. WARRANTY.

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. 1288
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.

Section 6. CHANGES.

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

Section 7. PAYMENTS.

B. 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.

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. 1289
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.

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 $0.00 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.”
Packet Pg. 1290
5 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.

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

Section 10. INDEPENDENT CONTRACTOR.

Section 11. SUBCONTRACTS.

Packet Pg. 1291
6 Section 12. TITLE AND RISK OF LOSS.

Section 13. INDEMNIFICATION.

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. 1292
7 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;

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.

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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. 1294
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. 1295
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: Captain Nelson Carrington
With Copy To:

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

AARDVARK
1935 Puddingstone Drive
La Verne, CA. 91750
Attn: Brittany Baeza
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.

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

Packet Pg. 1296
11 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.

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.

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

AARDVARK
Signature
Name
Title
Packet Pg. 1298
13 Exhibit A
Goods Specifications
Members from the Special Weapons and Tactical (SWAT) teams use tactical vests during operations and training. It allows officers to carry gear that is necessary while providing ballistics protection to the officer which has been proven to save lives. A tactical vest allows officers to place/stow essential gear on the vest rather than on their waistband or legs. By wearing the tactical vest, officers are more maneuverable during high-stressed situations or incidents A tactical vest allows for a plate to be inserted into the vest allowing additional ballistic protection.

The current tactical vest worn by members of the SWAT Team will expire in less than a year (July 2023).

1. Type III “A” Threat Body Armor
Standard and specifications shall be included in the specification requirement as follows:
• National Institute of Justice, Standard NIJ-STD-0101.06, Ballistic Resistance of Body Armor
• National Institute of Justice, Standard NIJ-STD-0101.04, Type III Protocol • MIL-STD-662, V50 Ballistic Test for Armor
• Federal Standard No. 751, Stitches, Seams & Stitching • ISO 9001:2015 Quality Management Standard
• fixed shoulder design
• soft armor first system
• allows for installation of a 10 x 12 hard armor rifle plate • structured texture shoulder design
• internal radio routing channels on the surface of the platform • three-piece cummerbund design
• Webb lists Molly loadbearing services
• Bar tackled anchors
• First spear tubes/Hook and loop closure systems
Materials of Construction
• All materials must be new, unused, and without defects. • The exterior surfaces of the carrier system shall be constructed of 500 Denier Cordura™ nylon.

Packet Pg. 1299
14 • Interior surfaces of the carrier system shall be constructed of water-resistant diamond rip-stop nylon material to reduce moisture penetration, reduce friction, and increase comfort.
• Load Bearing portions shall be constructed of Blue Force Gear™Ultracomp™ material and feature an angular MOLLE webless attachment system utilizing 1" nylon webbing.
• The MOLLE webless attachment system must withstand 160 lbs. when tested by pulling on opposite sides of the same 1" webless slot.

Closure System
The vest portion of the carrier shall utilize a side closure design with a close at each side connecting the cummerbund to the front panel. The vest must be available in two different closures, Velcro and non-Velcro, to be chosen by the purchaser at the time of fitting.

Adjustment System
• The vest must have a girth adjustment system to allow girth adjustments in small increments.
• The adjustment must take place by adjusting the effective length of the cummerbund at the rear of the vest.
• Adjustment must be rapid (under 1 minute) and utilize the cummerbund locking into place on the rear of the carrier with a MOLLE based system. • A concealment panel for the adjustment area that allows for complete use of the carrier MOLLE system across the back must exist. The concealment panel must fix in place rapidly without snaps.

Cummerbund
• The carrier must utilize the same material construction as the base carrier as well as the same ballistics and load-bearing systems.
• Cummerbund must feature at least six rows of 180 angular webless MOLLE over the entire surface of the cummerbund.
• The cummerbund must feature a concealed elastic expansion panel to allow for flexibility in the cummerbund and slight variations in vest girth without the need for adjustment.

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15 Sizing
• The armor system must be available in at least six different standard sizes and three different lengths per size. All patterns must scale the entire ballistic system and all components as sizes change to ensure coverage remains consistent regardless of size.
• Sizing of end users shall be conducted with sizing vests for at least the basic six sizes.
• Either an employee of the prime contractor or an employee of the subcontract manufacturer must conduct sizing. This employee must be specifically trained and certified in sizing tactical armor as well as this particular armor system.

Ballistics
• The carrier system shall utilize a ballistic package which is certified under National Institute of Justice, Standard NIJ-STD-0101.06, Ballistic Resistance of Body Armor
• All ballistic materials and packages must be in accordance with the attached specification for ballistic packages.

Yoke
Yoke of the vest must have “SBPD SWAT” logo laser engraved.

2. Level 3 ++ ICW Lightweight Rifle Plates
• Made of ceramic/polyethylene composite
• Plate covering must have 1000-Denier Cordura Nylon
• Must have been tested and passed against 5.56mm x 45mm 62 grain SS109 Green Tip M855 ammunition (6 impacts)
• Must have been tested and passed against 5.56 x 45mm, 55gr M193 ammunition (6 impacts)
• Must have been tested and passed against 7.62 x 39mm, 123gr MSC ammunition (6 impacts)
• Must have been tested and passed against 7.62 x 51mm, 147gr NATO Ball FMJ M80 ammunition (6 impacts)
• Weight not to exceed 3.6 pounds for 10” x 12” Thickness not to exceed .09”

3. (2) additional Type III “A” Threat Body Armor with (4) Level 3 ++ rifle plates. a. (2) additional complete kits will be added when 18 or more Type III “A” Threat Body Armor are purchased.

Packet Pg. 1301
16 Packet Pg. 1302
17 Exhibit B
Delivery Schedule
N/A
Packet Pg. 1303
18 Exhibit C
Fee Schedule
Item No. Description Quantity Unit Cost Total Amount
P7Q-TRV-UL3A Project 7/TRV/Complete Platform
Ultralight 3A Ballistics
25 $1,945.00 $48,625.00
P7-RP-3++-ICW-LWLG Project 7/Rifle Plate/Level
3++ICW/Lightweight/SAPI Large
50 $285.00 $14,250.00
P7Q-IDPSET-SM Project 7 ID Patch Set(Front 2x6,
Back 3x8)
27 $20 $540.00
P7Q-TRV-UL3A Project 7/TRV/Complete Platform
Ultralight 3A Ballistics (SAVES

PROGRAM)
2 $0.00 $0.00
P7-RP-3++-ICW-LWLG Project 7/Rifle Plate/Level
3++ICW/Lightweight/SAPI Large
(SAVES PROGRAM)
4 $0.00 $0.00
Free Shipping $0.00
Subtotal $63,415.00
Sales Tax $5,548.81
Total Price $68,963.81
Packet Pg. 1304

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Professional Services Agreement for Focused
Drainage Study for Meyers Creek Drainage System
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Services Agreement with Q3 Consulting to prepare the Focused Drainage Study for Meyers Creek Drainage System and authorize the City Manager, or designee, to sign and execute the agreement.

Background
The City of San Bernardino needs a qualified stormwater engineering consultant to perform a drainage assessment of the Meyers Canyon Drainage System and generate conceptual alignments for improvements to Meyers Canyon. The evaluation will generate a matrix of channel configuration to be characterized based on type (channel or box culvert), size, regulatory permitting scope, construction cost and land acquisition.

The drainage area is classified as E-11 of the County’s Comprehensive Storm Drain Plan (CSDP) No. 7. Six tracts have recently been developed within the drainage area which include tracts 16502, 16533, 17329, 17367, 20150, and 20539. The focused drainage study will provide hydrology and hydraulic model for the area consistent with the San Bernardino County Flood Control District (FCD) standards with the goal of identifying a cost-effective and implementable drainage system for the study area.

Discussion
On September 13, 2022, the Department of Public Works requested proposals to provide Professional Services for a focused drainage study of the Meyers Creek Drainage System. Two (2) responses to the RFP were received on October 18, Packet Pg. 1305
2022.

Firm Name Location Proposed Amount
Q3 Consulting Corona, CA $266,771
Infrastructure Engineers Brea, CA $203,930
Their proposals were evaluated by staff based on several criteria including:
• Understanding of the work to be performed
• Experience with similar kinds of work (including experience with the City) • Qualifications of key personnel
• Rates
• Familiarity with state and federal procedures
• Financial responsibility
• Demonstrated technical ability
A selection committee consisting of management level staff reviewed the two proposals. Q3 Consulting received superior ratings when measuring the competency of their staff, maintaining a consistent completion schedule, and their depth of understanding of the project and the project’s general approach. Q3 Consulting also has an extensive background in successfully completing similar tasks for numerous cities throughout Southern California. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of this drainage study will result in public improvements being constructed that minimize property damage and health risks through upgrading the existing drainage system.

Fiscal Impact
There is no General Fund impact associated with this action. To fund project costs, it is requested to have the Agency Director of Administrative Services record a budget amendment in the amount of $267,000 from the Conejo & 39th Storm Drain SD19-001 (8681) project to the Storm Drain Study Myers Canyon project (7770).

The Storm Drain Study at Meyers Canyon was not previously approved as part of the Capital Improvement Program for FY 2023-2027, therefore, had no adopted budget in FY 2022/23. Consequently, the Conejo & 39th Storm Drain project received an adopted budget of $500,000 for FY 2022/23 and is projected to generate project savings necessary to cover the full project cost for the Storm Drain Study at Meyers Canyon.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Services Agreement with Q3 Consulting to prepare the Focused Drainage Study for Meyers Creek Drainage Packet Pg. 1306
System and authorize the City Manager, or designee, to sign and execute the agreement.

Attachments
Attachment 1 - Agreement with Q3 Consulting (Proposal Included) Attachment 2 - Location Map
Attachment 3 - Infrastructure Engineers Proposal
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102 approving the Fiscal Year 203 & 2024 Operating Budget and Capital Improvement Program 2023-2027.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND Q3 CONSULTING
This Agreement is made and entered into as of January 18, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Q3 Consulting with its principal place of business at 200 S. Main Street, Suite 300, Corona, CA 92882 (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:

Focused Study For Meyers Creek Drainage Study (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.

Packet Pg. 1308
2 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 $266,771.00. 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. The term of this Agreement shall be from January 18, 2023 to June 28, 2024, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

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

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Packet Pg. 1309
3 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 respects to the requirements of the Scope of Work.

Packet Pg. 1310
4 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. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the Packet Pg. 1311
5 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.

Packet Pg. 1312
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. 1314
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.
k. Additional Insurance Provisions
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9 (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 of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

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10 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).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

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11 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 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 Packet Pg. 1318
12 Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Remi Candaele 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: City Manager
With Copy To:

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

Q3 Consulting
200 S. Main Street, Suite 300
Corona, CA 92882

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.

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

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

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

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

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

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

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

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO
AND Q3 CONSULTING
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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Proposal for Focused Study
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Q3 Consulting/PROACTIVE P a g e | i
Cover Letter
October 18, 2022
City of San Bernardino
201 North “E” street
Attn: Alex Qishta, Deputy Director Public Works/City Engineer San Bernardino, CA 92401

Subject: PROPOSAL FOR FOCUSED STUDY FOR MEYERS CREEK DRAINAGE SYSTEM Dear Mr. Qishta and Members of the Selection Committee:

Q3 Consulting (Q3)/Proactive Engineering Consultants (PEC) is pleased to submit this proposal to provide engineering services to the City of San Bernardino (hereafter collectively referred to as “City”). We have reviewed the Request for Proposals for the Focused Drainage Study for Meyers Creek Drainage System and understand the elements involved in the solicitation. Q3/PEC is a State certified small business that focuses on providing comprehensive services for municipal drainage and storm drain projects. We currently do not have a business license for San Bernardino and understand that there will be a flat rate business with fee if we are chosen for the project.

Q3/PEC has teamed with ECORP (CEQA/NEPA/Regulatory Permits) to provide the City the most qualified team to complete the focused drainage study. Our team is recognized throughout Southern California as drainage planning, analysis, and design leaders, providing high quality, cost effective, and time sensitive solutions for public agencies.

A key feature of our proposed organization is to designate a local Project Manager, Remi Candaele, PE, MS, QSD, QISP.

Remi brings a unique understanding of storm water infrastructure projects for public agencies in Southern California. He is nationally recognized, published in many stormwater journals, and has been awarded by ASCE and the Los Angeles Section for both his expertise and leadership 3 years in a row. A few recent completions for Remi include the Baseline Road Storm Drain Project in Rialto, CA and the Storm Drain Master Plan System T-2 and Street Improvements in Fontana, CA. Our mutual success will also rely on the expertise of Tom Ryan, P.E. with watershed-wide drainage studies, the experience of John McCarthy, P.E., C.F.M. with master planned drainage facilities, and other in-house professionals showcased in this proposal that add to our team’s experience.

Our team has a history of working together to complete these types of projects. We have successfully delivered in the preparation of drainage studies, and preliminary and final design plans for multiple public agencies, including for San Bernardino County Flood Control District, Caltrans, U.S. Army Corps of Engineers and the Cities of Redlands, Yucaipa, Chino, Chino Hills, Fontana, and Grand Terrace. These relationships will assist the City in developing cost-effective solutions for Meyers Creek.

We are ready to start work immediately!
We appreciate the opportunity to submit our proposal and look forward to discussing how we can assist the City with the focused drainage study. This proposal is signed by an Officer with authority to bind the company. This proposal shall remain valid for 9 months from the date of the proposal. If you have any questions or require further information, please contact me at (951) 280-3300 or via email at [email protected].

Respectfully submitted,

Remi Candaele, PE, MS, QSD, QISP John McCarthy, PE, CFM Senior Project Manager Principal-in-Charge
Authorized Officer, Vice President
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Table of Contents
Cover Letter ......................................................................................................................................................................... i Identification of Proposer ................................................................................................................................................... 1 Staffing Resources ............................................................................................................................................................... 2 Project Understanding and Work Plan ............................................................................................................................... 7 Anticipated Data Needs .................................................................................................................................................... 11 Anticipated Schedule ........................................................................................................................................................ 12 Experience and Technical Competence ............................................................................................................................ 13 Schedule of Charges .......................................................................................................................................................... 20 Packet Pg. 1326
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Q3 Consulting/PROACTIVE P a g e | 1
Identification of Proposer
Q3 Consulting (Q3) was started as a dba of Proactive Engineering Consultants Inc. (PEC) in 2018. Q3/PEC is a S Corporation. Q3 is an award-winning specialized stormwater management firm with an extensive background in the planning, analysis, and design of comprehensive stormwater management solutions for public works projects. The founders of Q3 each have over 25 years of experience in the stormwater field including an extensive background in hydrology, hydraulics, water quality, and the design for stormwater facilities throughout Southern California. PEC was founded in 2006 and has a staff of 80 engineers, surveyors, utility coordinators, professionals, and administrative personnel (including Q3 staff). Q3/PEC is a California Certified Small Business (DGS #2009320) City of Corona - #03925346.

Q3 provides a full range of stormwater services related to the planning and design of channels, culverts, storm drains, diversions structures, basins, levees, and regional multi-benefit stormwater infrastructure, water quality planning, watershed-wide restoration plans, grant applications, cost estimating and benefit-cost analysis, PS&E preparation, and floodplain mapping. Q3/PEC is a full-service engineering firm with expertise in civil engineering, wet utility relocations, dry utility coordination, field surveying and mapping, and construction management.  Regional/Local Hydrology  1- & 2-Dimensional Hydraulic Modeling  Street and Utility Improvement Plans  Cost Estimates  Municipal Storm Drain and Flood Control
Channel Design
 Stakeholder Coordination (SBCFCD,
Caltrans, adjacent Cities, etc.)
 Preliminary Site Constraints  Erosion and Sediment Control Plans  Freeway Task Mitigation Analysis Studies  Stormwater Quality / BMPs  Grading Plans and related Studies  CFD Budgets
 Right-of-Way Engineering  Wet and Dry Utility Planning/Relocations  3D Laser Scanning  Utility Surveys
 Aerial / Photogrammetric Surveys  Topographic Surveys  ALTA / ACSM Land Title Surveys  Construction Management  Dry Utility Coordination  And more…
Although our staff has extensive experience working on small to large scale projects, we have adopted a small business client focused philosophy. It is this philosophy that established our mission to be “A Different Kind of Company” providing high quality service to a small group of clients. Our goal is to have long-term relationships with our clients to provide value-driven results.

Q3 has joined forces with ECORP Consulting, Inc. (ECORP) to bring a team of highly experienced professionals in CEQA/NEPA and regulatory permitting. ECORP is based in Redlands and brings over two decades of joint experience with Q3 working together on flood control channel and municipal storm drain improvement projects.

ECORP is a California “S” Corporation, also certified as a California Small Business-Public Works (SB-PW), which specializes in assisting government agencies and private clients with a wide range of environmental services including technical expertise in land use planning; biological, cultural, and water resources; and regulatory compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act (NHPA), and other laws and regulations. ECORP has wellestablished working relationships with the resources agencies, including the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the U.S. Fish and Wildlife Service (USFWS).

Lead Office and Project Manager
Remi Candaele, PE, MS, QSD, QISP
Email: [email protected]
Phone: 951.280.3300
200 S. Main Street, Suite 300
Corona, CA 92882
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Staffing Resources
Project Team Organization Chart
Q3 recognizes that the successful delivery of high-quality technical studies and improvement plans start with assigning a Project Manager and Discipline Leads that possesses superior technical, management, and leadership skills. Q3’s key staff and team of subconsultants possess these characteristics and provide the City with the specialized expertise to develop comprehensive technical drainage studies, preliminary design alignment that minimizes utility relocation and right-of-way acquisition. The following is a summary of the qualifications of our Key Staff Members and proposed subconsultants.

Resumes for key staff members are also included.

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Key Staff Resumes
Project Manager
Remi Candaele, MS, PE, QSD/P, QISP will serve as your Program Manager. As Program Manager, he will be the main point of contact and will direct the personnel and resources necessary to successfully complete the assigned projects.

Remi Candaele brings over 16 years of versatile background in planning, design, and construction support of Public Works and Institutional projects with an emphasis on storm water improvements. He has extensive experience in water management, street improvements, bike trails, water quality compliance, and master planning of utilities. Candaele has also prepared numerous publications and conference proceedings covering a wide range from new methods in water resources and the implementation of water strategic plans. He understands the importance of proactive communication with both internal and external stakeholders. Remi’s skillset and contributions to the industry have been recognized by numerous awards, notably with the 2016 Young Engineer in the Private Sector of the Western U.S., and the 2021 Carl Blum Award by the Los Angeles Section of the American Society of Civil Engineers.

RELEVANT PROJECT EXPERIENCE
Pine Avenue Extension and Chino Creek - Chino, CA - Drainage Manager for the PS&E for the 1.4-mile extension of Pine Avenue from State Route 71 easterly to El Prado Road as an urban four-lane arterial street and widening of the existing Pine Avenue to a 4-lane arterial street from El Prado Road to Euclid Avenue (SR-83). Includes design and construction of 3-span 500LF bridge structure over Chino Creek.

MPD System T-2 Storm Drain and Street Improvements - Fontana, CA - Senior Project Manager in charge of the preparation of construction documents for 2.5 miles of storm drain improvements with RCP pipe sizes up to 96-inch diameter, for the master-planned Cypress Avenue storm drain (MPD Line T-2). The facilities start at Sierra Avenue and drain west to the intersection of Cypress Avenue and Foothill Boulevard and continue southbound on Cypress Avenue to connect to the County 9’x7’ West Fontana Channel lateral near the intersection with Orange Way. A detailed Composite Utility Plan was created using base files and record drawings gathered from wet and dry utility companies.

Baseline Rd Line C Improvements and Cactus Basin – Rialto, CA - Senior Project Manager in charge of the preparation of construction documents for the Master-Planned Baseline Road storm drain project. The nine- foot by seven-foot-box facility starts at Tamarind Avenue and drain east to outlet in Cactus Basin #3. The size of the drainage infrastructure was optimized using the 2D hydraulic component of XPSWMM. Coordination with DSOD is necessary to obtain an encroachment permit for penetrating through the jurisdictional dam. A detailed Composite Utility Plan created based on record drawings gathered from wet and dry utility companies. 3rd Street Bridge and Flood Control Improvements – San Bernardino International Airport Authority, CA - Senior Engineer. Worked with the San Bernardino International Airport Authority (SBIAA), Inland Valley Development Agency (IVDA) and the City of San Bernardino to come up with a modified street frontage design and also provided the design of two vehicular bridges to cross over the 3rd street channel which will ultimately provide direct access to the property and avoided negative impacts to the existing San Bernardino County Flood Control City Creek Channel.

Sediment Transport Study for the Santa Ana River, Reach 3, California – Riverside County Flood Control District, CA Project Engineer responsible for the development of a HEC-6T sediment transport model predicting the aggradation/degradation of a 7.4-mile reach of the Santa Ana River. The calibrated model was used to develop recommendations for repair, modification, and/or reconstruction of levee improvements including groins. Development included the assessment of historical topography/morphology, sensitivity analyzes, n-value, time step, rating curve, sediment inflow) to model observed variations in bed profile, inclusion of bridges, and scour analyses.

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Principal-in-Charge
John McCarthy, PE, CFM brings over three decades of experience on hydrology, hydraulics, and scour for transportation and flood control projects. He is highly skilled at managing complex drainage and flood engineering projects. Over the past 30 years, he has been involved with numerous flood control and trail engineering projects along the Santa Ana River and other regional flood control facilities in Orange County including work with the Orange County Public Works and the U.S. Army Corps of Engineers. He has extensive experience working on hydraulic and scour analyses for bridge design projects.

RELEVANT PROJECT EXPERIENCE
Hydromodification Mapping and Documentation for Santa Ana River Watersheds, San Bernardino County, CA. Mr.

McCarthy was the Project Manager of the team provided engineering services to the San Bernardino County Flood Control District to prepare a comprehensive mapping and analysis of stormwater conveyance facilities within the Santa Ana River Watershed area in San Bernardino County. Work included developing a rapid assessment methodology and applying it to non-hardened streams and channels to identify those susceptible to adverse impacts from hydromodification of the watersheds.

Chino Preserve Storm Drain Master Plan Update, Chino, CA. City of Chino. Project Manager for the preparation of hydrology and hydraulic studies to update the City’s storm drain master plan. Prepared new hydrology based on the city’ current land use plan, identified deficient storm drain systems and developed alternatives and recommendations for the updated master plan. Work included preliminary design plans for Line I, a proposed double 8’ x 8’ RCB, that extends for

2.5 miles along Euclid Drive (State Hwy 83).

State Route 91 Eastbound Widening Project, Orange County, CA. Orange County Transportation Authority. Hydraulic Engineer. As part of the WKE team for the SR-91 Eastbound Widening provided river hydraulics and scour analysis to support the design of the bridge widening over the Santa Ana River. Completed a Final Hydraulics Report for the bridge crossing and processed the necessary encroachment permit with OCPW, license agreement with the OCWD, and the 408 permit with the USACE.

Storm Water Master Plan, Rancho Palos Verdes, CA. Principal-in-Charge. The Rancho Palos Verdes Master Plan included the development of a GIS database for the storm drain inventory including a Facility Mapping Tool which was utilized to gather field data and keep the City informed of the field work schedule and findings. Data gathering for the project included filling in missing as-built data such as inverts and facility naming. The hydrology and hydraulics modeling were completed utilizing GIS, XPSWMM, and XPWSPGW. This master plan includes the integration of storm water quality retrofit opportunities. The Master Plan will ultimately provide the City with a comprehensive “living” storm water master plan. The master plan also includes a project prioritization scheme and a Capital Improvement Plan.

Prado Dam Outlet Works Project, Riverside County, CA. U.S. Army Corps of Engineers. Responsible for the final engineering plans, specifications and estimates for raising the dam embankment and construction of a new outlet works associated with the Prado Dam Improvements for the Los Angeles District, Army Corps of Engineers. The project included the development of plans for a stilling basin, energy dissipater, and installation of a gauging station and electronic flow meters to monitor flow rates in the outlet channel.

Santa Ana River Parkway-Trail and Bikeway Project, Orange County CA. Orange County Public Works. Project Manager.

Development of alignments and preliminary plans for the extension of the trails along the Santa Ana River from Gypsum Canyon Road to Green River Golf Course.

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Deputy Project Manager & Conceptual Study Task Lead
Tom Ryan, MS, PE has over 24 years of experience in the design and analysis of flood control and drainage systems. Tom is an expert at watershed modeling and has been on the forefront of advanced modeling including the use of combined one- and twodimensional analysis for complex drainage and diversion systems. He has completed improvement plans and technical studies for numerous channels, storm drains, and diversion structures for agencies including the San Bernardino County Flood Control District, USACE, and Riverside County Flood Control and Water Conservation District. Tom’s work in advanced hydraulic modeling and public awareness has included first-of-its-kind simulations that resulted in award winning projects and numerous national and local presentations and publications

RELEVANT PROJECT EXPERIENCE
City of Redlands Storm Drain Master Plan, Redlands, CA. As Project Manager, managed team that performed an investigation of the City of Redland’s drainage infrastructure to identify the existing system’s capacity and recommend improved facility sizing for the Master Plan of Drainage. Each system was prioritized. Regional and local solutions were evaluated to identify the most cost-effective solutions. As part of the facility analyses, a comprehensive urbanized area hydraulic model was prepared in XPSWMM using a fully dynamic, linked 1-D/2-D model. The project included updating the City’s Storm Drain GIS database to include linked As-Built plans to their respective drainage systems. A City specific “Green Initiatives” identified potential locations for water quality BMP implementation. Locations were identified based on location, expected tributary pollutant loadings, and downstream impaired water bodies. The final report prepared included a full cost estimate that ranked each system into recommended construction priorities.

Laguna Woods Village Surface Drainage Improvements Design, Laguna Woods, CA. Project Manager for project that included improving surface drainage features of an area known for flooding. Improvements included channel widening, addition of a large culvert crossing, implementing graded berms, and adding retaining walls and residential flood gates to control surface flooding. The design and impacts of the proposed improvements were evaluated using XP’s version of the Storm Water Management Model (XPSWMM). A coupled 1-D and 2-D model was prepared to evaluate and design the proposed surface improvements and identify their potential hydraulic impacts on the existing subsurface drainage system.

The resulting surface drainage improvements saved the client more than $3.5M in previously proposed infrastructure costs.

City of Yucaipa Ultimate Culvert Crossing Designs, Yucaipa, CA. Project Engineer for the design of two ultimate (100-year) culvert crossings and associated local storm drain improvements. The project included culvert design, roadway drainage design, which included multiple inlets and pipe storm drain facilities and roadway design. Responsibilities included hydraulic analysis, plan preparation and oversight, utility agency coordination, pressure (water) line relocation, cost estimations, specification writing, and roadway design and realignment. Additional responsibilities included coordination and completion of Caltrans Local Assistance forms required for this federally funded project.

City of La Quinta Focused Drainage Study, La Quinta, California. Project manager for a multi-company effort to evaluate the City’s current drainage infrastructure and identify solutions to reduce current flooding issues. Recent large storm events caused extensive flood damage to certain parts of the City. Due to the topographic and climatic characteristics of the City, an advanced hydrologic and hydraulic modeling approach was used to develop potential design alternatives to alleviate the flooding issues. The project included using an alternative hydrology approach (distributed rainfall method, or DRM) in conjunction with a fully 2-dimensional (2-D) surface model of a major portion of the City. The existing and proposed storm drain facilities were linked to the 2-D model to create a single comprehensive, fully dynamic 1D/2D hydrologic/hydraulic model for various storm events. The models were validated against actual storm flood photos prior to implementing proposed drainage solutions. Mr. Ryan was instrumental in selecting the methodology, performing the calculations, validating the results, and delivering the results to the City. This level of detail for an urban area flood analysis is a first of its kind in the Coachella Valley. This project is still ongoing and will also include presentations to the City Council.

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Proposal for Focused Study
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Primary Staff Table
The Q3/PEC Team primary staff is highlighted in the table below. Detailed resumes for key staff identified on the organization chart are provided following the table.

NAME/ROLE/EXPERIENCE LICENSES/EDUCATION RELEVANT PROJECT EXPERIENCE Q3 CONSULTING / PROACTIVE ENGINEERING CONSULTANTS
Zach Snyder, PE
Hydrology, Hydraulics
7-Years
Civil Engineer, CA #87537
B.S., Civil Engineering, California State
Polytechnic University, Pomona – 2014
 La Quinta Focused Drainage Study
 Redlands Regional Drainage Focus Study
 Northeastern Sphere Annexation, San
Bernardino
 Whitewater River Channel/Drop Structures
 Morongo Creek Channel & Diversion Structure
Howard J. Barndt, MS, PE
Hydrology/Hydraulics
20-Years
Civil Engineer, CA #65914 B.S.,
California State University, Long Beach,
Civil Eng. – 1999 M.S., California State
University, Long Beach, Civil Eng. –
2004
 Master Plan of Drainage Update, Wilson and
Wildwood Creeks, Yucaipa
 Drainage Master Plan for North, South, and
West Santa Ana River Tributary Areas,
Anaheim
 Encinitas Stormwater Master Plan
Candace Tong, PE
Preliminary Design and Costs
7-Years
Civil Engineer, CA #90444
B.S., Civil Engineering, University of
California, Irvine – 2014
 Chino Preserve Drainage Master Plan
 Fontana Focused Drainage Master Plan
 Whitewater River Improvement Plans
 Arroyo Simi Grade Control Structure Design
Amy Derrett, EIT
Hydrology, Hydraulics
8-Years
B.S., Civil & Environmental Engineering,
University of California, Los Angeles –
2012
 The Farm Redevelopment Hydrology &
Drainage Facility Design
 Chino Storm Drain Line G
 Pine Avenue Widening
 Holy Sepulcher Cemetery Hydrology &
Drainage
Jeff Langdon, PE
Preliminary Channel Design
35-Years
Civil Engineer, CA #42429
B.S., Civil Engineering, University of
Nebraska, Lincoln – 1984
 Pine Ave Widening & Regional Drainage
Facilities
 Chino Line I Dbl. 8’x8’ RCB Design
 Borrego Wash Channel and Diversion
 Agua Chinon, Bee Canyon and Serrano Creek
Hydraulics and Design
Justin Ware, PLS
Right-of-Way Documents
18-Years
Professional Land Surveyor, CA #9242
Operating Engineers Local 12
Certified Party Chief - 2012
 Metro Orange Line Extension
 Orange County Sanitation District Plants 1 & 2
 Pomona College Land Surveys
 Pine Avenue Widening
Bob Gregory
Dry Utilities
BS in Civil Engineering from the
University of Missouri – Rolla (Formerly
Missouri School of Mines)
 Kaiser Permanente Upgrades
 Travertine Flood Hazard Mitigation Plan
 Grand Terrace Focused Area Master Plan Update

ECORP CONSULTING
Scott Taylor
Regulatory Permitting
30-Years
Certified CRAM, Wetland Training
Institute
Practitioner: Riverine Module
BA Biology, Point Loman Nazarene
University
 On-Call Biological and Ecological Services Contract
 First Line of Defense (FLOD) Project, San
Bernardino
 County CEQA Documentation and Regulatory
Permitting for the Sunburst Avenue Class
 Protocols and requirements for the USFWS,
USACE, CDFW, RWQCB and Bureau of Land
Management.

ECORP CONSULTING
Jesus “Freddie” Olmos
CEQA Evaluation
34-Years
Environmental Analysis; CEQA; NEPA,
University of California, Los Angeles
BA, Environmental Analysis & Design
Urban & Regional Planning, University
of California, Irvine
 Riverside County Flood Control and Water
Conservation District
 CEQA IS/MND and Regulatory Permitting for the
Mountain View Acres Storm Drain Project, San
Bernardino County – County of San
Bernardino/Flood Control District Department of
Public Works
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Proposal for Focused Study
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Project Understanding and Work Plan
Project Understanding
The City of San Bernardino needs a qualified stormwater engineering firm to perform a detailed assessment of the Meyers Canyon drainage system and generate conceptual alignments for improvements to Meyers Canyon. The evaluation will generate a matrix of channel configurations to be characterized based on type (channel or box culvert), size, materials, regulatory permitting scope and duration, construction cost, land acquisition, hydraulic efficiency, and modifications to existing crossings.

The drainage area is classified as online E-11 of the County’s Comprehensive Storm Drain Plan (CSDP) No. 7. Six tracts have recently been developed within the drainage area, including Tracts 16502, 16533, 17329, 17367, 20150, and 20539.

The Meyers Canyon drainage system crosses successively W Meyers Road and Belmont Avenue W before its confluence with the unimproved Cable Creek. Downstream of the existing confluence, Cable Creek has been improved to an engineered channel with a soft bottom to minimize costs, environmental mitigation, and other conveyance considerations.

The focused hydrology study of Meyers Creek will extend from its headwaters to its point of confluence with Cable Creek. Our team conducted a site visit on November 9, 2022 to evaluate the source of mud and debris flows that discharged onto North Little League Drive after the November 7-8 storm event. Two initial observations were made:

1. The current course of Meyers Creek could have been altered from its historical path or could differ from the anticipated course in the vicinity of parcels 026106101 and 034811112. Q3 will perform a thorough evaluation of the upstream drainage course to identify whether improvements are necessary upstream of Meyers Road crossing. Sedimentation and scour will also be evaluated to ensure that the channelization of Meyers Creek would not negatively impact Cable Creek.

2. Sediment laden flows breached the existing settling basin along North Little League Drive. Q3 will perform a cursory review of the two existing basins, including a quantification of upstream debris flows and consistency of the current design with industry standards. Q3 will also provide recommendations for conceptual repairs.

The alternative alignment evaluation will focus on the reach from approximately 1,200 linear feet upstream of W Meyers Road to the confluence of Meyers Creek with Cable Creek.

Q3 Consulting proposes to develop both a hydrology model and a hydraulic model for the focused reach consistent with the San Bernardino County Flood Control District (FCD) standards, with the goal of identifying a cost-effective and implementable drainage system for the study area.

Work Plan
Task 1 – Baseline Collection and Review
Q3 will coordinate with the City and County FCD to research, collect, and review existing background data. Data collection includes existing City GIS drainage and watershed maps, as-built drawings for the local storm drain facilities and regional drainage systems (Cable Creek), as-builts for the existing creek crossings (W Meyers Road, Belmont Avenue W, N Little League Road), FEMA Flood Insurance Study data, available topography (LiDAR data), previous project reports, and existing Packet Pg. 1333
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and proposed development hydrology/hydraulic/sediment yield studies for Tracts 16502, 16533, 17329, 17367, 20150, and 20539, existing hydrology study for Cable Creek. Specific attention will be given to the debris basin upstream of Tract No. 17367.

Q3 has determined that the 2018 LiDAR high resolution topo is available for the drainage area. Q3 assumes that no additional topographic data will be necessary for the focused drainage study. The creek alignment will be based on the GIS database of the County’s Assessor Office.

Q3 will perform a site visit to review the existing condition, including a field investigation of the drainage conduits or culvert crossings, signs of erodibility, existing utilities and infrastructure, review of new storm drain infrastructure by new tracts, and identify conceptual alignments that may minimize impacts.

The site visit will be extended to the vicinity of parcels 026106101 and 034811112, as well as the upstream reaches of Meyers Creek, where deemed accessible by the City. Q3 will evaluate the expected drainage course, as well as notable changes, of Meyers Creek at critical locations. We understand that the City may be able to supply recent drone aerials and survey for the area of interest.

This data will be used to set up the hydrology and hydraulic models.

Task 2 – Focus Area Hydrology & Hydraulics
During the proposal process, Q3 has estimated the total drainage area to exceed 910 acres or 1.4 square miles. The County’s Hydrology Manual recommends that the rational method be used for determining time of concentrations in watersheds larger than 1 square mile. The time of concentration will then be used in the preparation of the Single Area Unit Hydrograph (SAUH).

Task 2.1 Hydrology
Q3 will delineate the entire drainage area tributary to Meyers Canyon based on the 2018 LiDAR topo using GIS delineation tools. Q3 will utilize existing rational method hydrology to develop subwatershed hydrographs at main line concentration points within the study areas. Using the rational method time-of-concentrations and loss rate data, Q3 will prepare models using hydrologic computational softwares approved by the County’s FCD and MS Excel to develop Single Area Unit Hydrographs at pertinent concentration points.

Task 2.2 Hydraulics
Q3 will develop a one-dimensional, steady-state, HEC-RAS hydraulic model that extends from approximately 1,200 linear feet upstream of W Meyers Road to the confluence of Meyers Creek with Cable Creek. Downstream control will be set per the Base Flood Elevation defined on DFIRM Panel #06071C7930J. The models will include the two existing crossings.

Model runs will be prepared for both the existing (interim) and ultimate condition, as well as for the 100- and 500-year events. Model runs will be performed for the anticipated channel configurations, including existing condition, concrete lined trapezoidal channel, bank lined trapezoidal channel, RCB, or RCP.

Q3 will perform a series of watershed-based hydraulic simulations to examine and identify the prevailing flood pattern behavior along the study reach alignment to understand its hazard and risk potential as well as support the conceptualization and implementation of an effective flood protection solution. The simulations may help delineate the current course of Meyers Creek and identify whether improvements are necessary upstream of the Meyers Road crossing.

An annotated map will be created to showcase the results from each scenario.

Task 2.3 Sedimentation and Scour
Q3 will evaluate the event-based and long-term sediment transport behavior of the Meyers Canyon main stem based on the results of model simulations coupled with other relevant scour computations as part of the alternative analysis process to determine the vertical channel profile stability constraints. These constraints will be used to guide the design of the proposed channel improvements with respect to grade control and toe-down requirements. As part of this effort, the collection and analysis of sediment samples will be performed at four locations along the study reach alignment to support the characterization of the bed material as part of the sediment transport model definition.

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Task 3 –Evaluation of Interim Detention Basins
Q3 will conduct a site visit of the two settling basins to evaluate the conditions that have led to storm flows breaching the embankment. Q3 will review the approved storm drain plans for Tract No. 17329 and identify potential drainage improvements within the future right-of-way. The size, shape, and configuration of the proposed debris basin upstream of Tract No. 17329 will be reviewed and compared to the expected debris volumes.

Using the results from the investigation, Q3 will generate a technical memorandum to summarize its assessment and provide a list of conceptual recommendations. We assume that access to the site will be allowed by the City.

Task 4 – Preliminary Design Alternatives
Task 4.1 Existing Utility Alignments
Early coordination with third-party utility purveyors is critical in mitigating lengthy delays during construction. Q3 will prepare the first utility notification letter at project kickoff to notify intent of project and request as-builts and data. The latest list and contact information of third-party utility purveyors should be provided by the City. Q3 will ask the City to submit the request to SCE/SCG to avoid non-governmental fees.

Acquired information regarding alignments (horizontal and vertical) of existing utilities will be profiled in CAD to identify potential conflicts and relocations.

Task 4.2 Environmental Assessment
It is understood that any substantial improvement to the creek will result, at a minimum, in the need for an initial study/mitigated negative declaration. Q3 will work with subconsultant ECORP to define a list of potential technical studies to support the CEQA/NEPA process, the anticipated regulatory permits (401/404/1602), and the anticipated timeline based on previous experience. The actual studies and reports are deferred to final engineering.

ECORP will prepare an environmental constraints analysis for the alternative alignment scenarios. Constraints to the project would be related to the removal of mature trees and potential impacts to nesting birds (e.g., raptors), temporary air quality (including greenhouse gases), noise, and traffic flow impacts during construction, and the proximity of residential development. An Environmental Constraints Report will identify potential environmental constraints and permits that would be required to support the proposed Project. The analysis will be based on the 20 environmental resources areas as listed in the CEQA Initial Study Checklist.

ECORP will conduct an aquatic resources delineation for portions of the Meyer Canyon drainage system that may be subject to either direct or indirect impacts due to the Project. This includes the portion from the West Belmont Avenue Arizona crossing to 1,200 linear feet upstream of the Meyers Road crossing. A report will be prepared that describes potential waters of the U.S., including wetlands, and identify anticipated mitigation requirements.

Task 4.3 Conceptual Right-Of-Way Assessment
Q3 will use the Parcel GIS database of the County’s Assessor Office to lay out the parcels impacted under each channel configuration and identify the right-of-way requirements for each alternative. An anticipated drainage easement will also be required to facilitate the long-term maintenance of the drainage improvements.

This proposal includes a budget to purchase up to 14 Preliminary Title Reports (PTRs). The intent is to review the PTRs of privately-owned parcels that may be impacted by the ultimate improvements to Meyers Creek. The intent is to identify and align all existing easements for incorporation into the alternative matrix and into the conceptual plans.

Task 4.4 Preliminary Design Report (PDR)
Q3 will prepare a conceptual design plan of each alternative, including layout in plan view and typical cross-sections with standard details and standard specifications. Non-standard details are deferred to final engineering. For the preferred alignment selected by the City, a 40-foot scale conceptual profile will be generated. Lot lines and the Google Earth aerial will be shown per the County Assessor GIS database. The maintenance access road will be incorporated into the plan view layouts per County’s FCD standards. The location of maintenance ramps will be finalized during final engineering.

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Improvements to the existing Arizona low-water crossing at Belmont Ave W may require a realignment of the street vertical profile. One 40-foot scale plan view and a vertical profile of the street centerline will be generated for the proposed drainage improvements.

Q3 will develop a comparative matrix that defines the configuration, cost, right-of-way, environmental, construction timeline, existing utility impacts, and hydraulic efficiency of each alternative.

Q3 will prepare a preliminary engineer’s estimate of probable costs based on unit costs provided by the City and the latest construction bids for similar projects to be provided by the County’s FCD. Conceptual costs for right-of-way acquisition, and environmental mitigation will be included.

Q3 will prepare a Preliminary Design Report (PDR) to define the conceptual hydrology and hydraulic models and describe the considered alternatives. The report will include project assumptions, calculations, methods, and graphics for the alternative solutions. The written report and appendices will serve as the technical documentation for the preliminary engineering design. This report shall include the background for the design criteria and assumptions, hydrology and hydraulic model, and identification of the recommended improvements.

Q3 will prepare the exhibits for presentation to City Council.

Deliverable(s):
 One (1) draft PDR in PDF format and hardcopy
 One (1) final PDR in PDF format and hardcopy
 One (1) set of exhibits for presentation at City Council in electronic format Task 5 – Meeting & Coordination
Project Management – Q3 will update the Project Work Plan based on the comments received during the kickoff meeting.

The Project Work Plan will build on the proposal with details for each deliverable, schedule, budget, meetings, and QA/QC process. The project schedule will be finalized after the kickoff meeting. During the course of the project, Q3 will attend conference calls and make themselves available for coordination with the team.

Coordination Meetings – Q3 will arrange progress status and coordination meetings throughout the life of the project with the City. We anticipate that coordination meetings will take place at project kickoff, draft channel alignment, draft PDR, and final PDR. We anticipate that coordination with the County’s FCD will take place after delivering the draft set of alternative concept plans.

Presentation to City Council – Q3 will use the exhibits prepared as part of the PDR development. Q3 will prepare a draft PowerPoint presentation and a script for review by City Staff. Updates to the PowerPoint presentation and the script will be made to address the City’s comments. Our proposal assumes a presentation to the City Mayor and City Council.

Deliverable(s):
 Draft Presentation in PowerPoint format
 Final Presentation in PowerPoint format
 Full scale exhibits for presentation at City Council in PDF. Full size hardcopies can be produced by a professional reprographics service using the reimbursable budget.

Assumptions:

1. Third Party Fees, if any, to be paid by the City

2. Any other work task not specifically set forth in the above Scope of Services Packet Pg. 1336
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Anticipated Data Needs
At project kickoff, Q3/PEC will work proactively with the City to obtain the following data and initiate the development of the focused drainage study. Anticipated needs may include:
 Existing drainage and watershed maps in GIS format.
 As-built drawings for the local storm drain facilities and regional drainage systems (Cable Creek).  As-builts for the existing street and utility improvements along W Meyers Road, Belmont Avenue W, and N Little League Road.
 Available topography (LiDAR data).
 Available utility mapping in the project vicinity.
 Construction drawings, drainage reports for Tracts 16502, 16533, 17329, 17367, 20150, and 20539.  Map that defines interim and ultimate land use condition.  Assist in coordination with the County’s FCD to obtain the hydrology study and the RAS hydraulic model for Cable Creek.
 Grant no-fee right-of-way access.
 And any information or data that is deemed beneficial to the focused drainage study.  Potential access to private property
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Anticipated Schedule
We have prepared a schedule of project deliverables with the goal of delivering a Final PDR before the end of June 2024. Our due diligence during the proposal stage has allowed us to get ahead of schedule with research. Anticipating the issues enables Q3 to stay in control of a realistic schedule. The following assumptions were made:
 Notice to proceed and project kickoff after January 18, 2023  Review of submittals by City – three weeks turnaround  Coordination with the County’s FCD will be initiated at project kickoff In addition, the following measures will be implemented to maintain control of the schedule:
 Remi will be the single point of responsibility for meeting the schedule: Our Project Manager is a single point of contact and has the responsibility of tracking progress versus schedule. Remi will maintain lines of communication internally and with the City to keep the staff updated with required action plans to help us stay on schedule.  The proposed staff would be made available for overtime and/or additional staff would be asked to assist.

Task Plan Start Plan Duration
Weeks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 … 75 01/23/2022
1/30/2022
2/6/2022
2/13/2022
2/20/2022
2/27/2022
3/6/2022
3/13/2022
3/20/2022
3/27/2022
4/3/2022
4/10/2022
4/17/2022
4/24/2022
5/1/2022
5/8/2022
5/15/2022
5/22/2022
5/29/2022
6/5/2022
6/12/2022
6/19/2022
6/26/2022
7/3/2022
7/10/2022
7/17/2022
7/24/2022
7/31/2022
8/7/2022
8/14/2022
8/21/2022
8/28/2022
9/4/2022
9/11/2022
9/18/2022
9/25/2022
10/2/2022
10/9/2022
10/16/2022
10/23/2022
10/30/2022
…
06/28/2024

1. Baseline Collection and Review
1 Data Gathering and Site Visit 1 5

2. Focus Area Hydrology & Hydraulics

1. Hydrology 4 30 2. Hydraulics 7 27 3. Sedimentation and Scour 4 30

3. Evaluation of Interim Detention Basins

3.a Draft Investigation Memo 1 5
CITY REVIEW 6 2

3.b Final Investigation Memo 8 3

4. Preliminary Design Alternatives

1. Existing Utility Alignments 4 4 2. Environmental Assessment/J.D. 4 30 3. Conceptual Right-of-Way Assessment 4 30

4.a Conceptual Exhibits 8 5
CITY REVIEW #1 13 3

4.b Draft PDR and Draft City Council Presentation 16 6
CITY REVIEW #2 22 3

4.c Draft PDR and Draft City Council Presentation 25 9
CITY REVIEW #3 34 4

4.d Final Preliminary Design Report (PDR) 38 38

5. Meetings and Coordination 1 75
   
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Experience and Technical Competence
Experience
Q3 was started as a dba of Proactive Engineering Consultants Inc. (PEC) in January 2018. Since 1993, staff members have partnered with the San Bernardino County Flood Control District and local cities and agencies for the design of stormwater projects including flood control channels, culverts, diversion structures, and stormwater retention and detention basins. Q3/PEC is a full-service engineering firm with expertise in civil engineering, wet utility relocations, dry utility coordination, field surveying and mapping, and construction management.  Regional/Local Hydrology  1- & 2-Dimensional Hydraulic Modeling  Street and Utility Improvement Plans  Cost Estimates  Municipal Storm Drain and Flood Control
Channel Design
 Stakeholder Coordination (SBCFCD,
Caltrans, adjacent Cities, etc.)
 Preliminary Site Constraints  Erosion and Sediment Control Plans  Freeway Task Mitigation Analysis Studies  Stormwater Quality / BMPs  Grading Plans and related Studies  CFD Budgets
 Right-of-Way Engineering  Wet and Dry Utility Planning/Relocations  3D Laser Scanning  Utility Surveys
 Aerial / Photogrammetric Surveys  Topographic Surveys  ALTA / ACSM Land Title Surveys  Construction Management  Dry Utility Coordination  And more…
Technical Competence
Non-Exhaustive List of Computer Programs owned and proficiently operated by Q3/PEC Staff:
 80+ user workstations, all dual screens connected via fiber-optic WAN to facilitate collaboration  Hydrology: AES, HEC-HMS, ArcGIS, XP-SWMM, TUFLOW
 Hydraulics: WSPG, HEC-RAS, XP-SWMM, Flowmaster, FHWA HEC Tools  CADD: AutoCAD, BIM, Revit, Civil 3D, MicroStatio, Geopak, Geopak 3D Modeling, InRoads  Conceptual Design: Adobe PDF, Make Sketchup, Revu Bluebeam, Publisher  Collaboration: Sharepoint, Sharefile FTP, MS Teams, GoToMeetings, Webex, etc.  Project Management: MS Project, BQE Core Engineer
Q3/PEC has a diversified staff of 80 professional engineers, surveyors, and administrative support. Together with our subconsultant partner, ECORP, we provide the ability complete, upon short notice, a wide range and number of potentials on-call projects for the City. Our proposed team is comprised of a core group of professionals that are familiar with the day-to-day demands of task orders.

Should there be a scheduling or scoping challenge arise, we have the ability to bring in internal qualified and experienced staff to augment our productivity and meet the City’s objectives. Our team is dedicated to providing a high-quality product to the City of San Bernardino. We are ready to deliver immediately!

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Project Specific Experience

RENAISSANCE MASTER PLAN LINE D TO
JURISDICTIONAL CACTUS BASIN | RIALTO, CA
DATES: 2018-2022

PROJECT INFORMATION
Client: City of Rialto
Michael Tahan, City of Rialto Former Public Works Director with full knowledge of project. Phone: (909) 262-4770. Email: [email protected] Fee: $566,000 Design
Remi Candaele, as Senior Project Manager under previous entity, led the preparation of construction documents for the Baseline Road storm drain project. The 9’x7’ box facility starts at Tamarind Avenue and drains east to outlet in Cactus Basin #3 (1.5 miles long). The size drainage infrastructure was optimized using the 2D hydraulic component of XPSWMM. Drainage parameters are consistent with the Cactus Basin Drainage Study (San Bernardino County Flood Control District, 2015) and the San Bernardino County Hydrology Manual.

A Composite Utility Plan was created based on record drawings gathered from wet and dry utility companies. The Plan served as a key support to identify the most efficient horizontal and vertical alignments, along with the definition of a trench detail.

Coordination with DSOD is necessary to obtain an encroachment permit for penetrating through the jurisdictional dam. Penetration design details include 1:10 concrete structures and articulated joints. The Cactus Basins provided significant flood mitigation benefits to accommodate the undersized and erosion-prone Cactus Channel downstream of Baseline Road.

The project includes the preparation of plan, specification and estimates for the storm drain, street, and utility relocation plans.

THE PRESERVE DRAINAGE MASTER PLAN UPDATE |

CHINO HILLS, CA
DATES: 2020-2021

PROJECT INFORMATION
Client: City of Chino
Natalie Avila, Principal. Phone: 909-334-3406. Email: [email protected] Fee: $450,000
Q3 Consulting provided engineering services to update the Master Plan of Drainage for the City of Chino’s “Preserve” area. The original master plan was prepared in 2003 and updated for the Preserve Specific Plan area in 2007. Numerous changes within the Preserve including the on-going widening of Pine Avenue, as well as the offsite watershed changes associated with the Chino Airport and the City of Ontario, have necessitated the need for a comprehensive update to the current Master Plan of Drainage for The Preserve. Q3 prepared updated hydrology in accordance with San Bernardino County Hydrology Manual guidelines for the City and offsite drainage areas. The hydrology incorporated existing studies for the individual tracts within the Preserve into a comprehensive overall master plan, including the integration of existing flood detention basins. Updated hydraulic analyses for six (6) major drainage facilities were prepared to identify deficiencies and provide required facility alignments and sizes for Lines C, F, G, H, I, and J in accordance with the existing and future planned development.

Line I was the most critical piece of the master plan update and detailed alternatives, and preliminary plans were prepared for the facility. The facility is proposed to be a double barrel 8-foot wide by 8-foot height reinforced concrete box culvert (RCB) for a reach of 13,000 feet. Q3 prepared 35% plan for the recommended alternative for Line I. A master plan document was prepared to document the methodology and results of the analysis. Updated cost estimates for the drainage facilities were prepared and incorporated into the City’s drainage impact fee (DIF).

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MPD SYSTEM T-2 STORM DRAIN AND STREET
IMPROVEMENTS | FONTANA, CA
DATES: 2018-2022

PROJECT INFORMATION
Client: City of Fontana
Chris Smethurst, Associate Engineer. Phone: (909) 350-6649. Email:
[email protected]
Fee: $575,000 Design
Remi Candaele, as Senior Project Manager under previous entity, led the preparation of construction documents for 2.5 miles of stormdrain improvements with RCP pipe sizes up to 96-inch diameter, for the master-planned Cypress Avenue storm drain (MPD Line T-2). The facilities start at Sierra Avenue and drain west to the intersection of Cypress Avenue and Foothill Boulevard and continue southbound on Cypress Avenue to connect to the County 9’x7’ West Fontana Channel lateral near the intersection with Orange Way. A detailed Composite Utility Plan was created using base files and record drawings gathered from wet and dry utility companies. The Plan served as a key support to identify the most efficient horizontal and vertical alignments, along with the definition of a trench detail.

A feasibility evaluation for curb, sidewalk, and accessibility improvements was performed to identify design alternatives and itemize potential repairs. Street Improvements include 3,000 lineal feet of raised landscaped medians, two traffic signal modifications; widening the Foothill/Juniper intersection; 1.25 miles of ADA retrofit of all sidewalks, curb ramps, and driveway approached; and

2.25 miles of pavement rehabilitation. A construction phasing plan was also prepared to minimize impacts on local traffic and residents. The project includes the preparation of plan, specification and estimates for the storm drain, street, and utility relocation plans.

NORTH EASTERN SPHERE ANNEXATION SPECIFIC
PLAN (NESASP) STUDIES | SAN BERNADINO COUNTY, CA
DATES: 2018-2020

PROJECT INFORMATION
Client: San Bernardino County Flood Control District
David Doublet, Assistant Director. Phone: (909)387-7918. Email:
[email protected]
Fee: $120,000
Q3 team members provided hydrology and hydraulic engineering services to support the NESASP. Work included preparing regional hydrology to develop peak flows tributary to the proposed project site. The main offsite area includes the mountainous area between the Deer Creek and Day Creek dams. Evaluations included removing a portion of the inline detention basin “levee” system to allow flows to naturally run through the project site. Q3 Team members worked directly with SBCFCD to review their HEC-RAS

5.0 two-dimensional (2-D) models. Standard hydraulics were also performed by the Q3 Team members to identify appropriate levee removals that would not impact the downstream floodplain.

Engineering services also include evaluating natural bottom culverts and bridge type structures for proposed roadway crossings within the project site. Hydraulic models extended down to Banyan Street, where SBCFCD has several culverts under the roadway.

Our team evaluated alternatives with the goal of not impacting these, or any downstream, structures. Q3 Consulting is now contracted to support regional planning for the flood control facilities within the project. As part of this effort, Q3 Consulting has been requested to provide oversight for the SBCFCD 2-D modeling effort.

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FONTANA FOCUSED DRAINAGE MASTER PLAN
UPDATE| FONTANA, CA
DATES: 2018-2020

PROJECT INFORMATION
Client Reference: City of Fontana
Kathy Raasch, Sr. Engineer. Phone: (909) 428-8814. Email: [email protected] Fee: $100,000
Q3 Consulting provided engineering services to prepare a focused drainage study for a portion of the City of Fontana master plan of drainage. The study focuses on the north portion of the City evaluating two major drainage areas: the area tributary to the Duncan Road storm drain (Line A), and the area tributary to the Summit Avenue storm drain (Line B). This project involved coordination and acceptance of methodology from San Bernardino County Flood Control District as Line A discharged into the Hawker-Crawford Channel and a majority of Line B was already constructed and discharged into the San Servaine Basin.

This study was instigated by the proposed development (The Arboretum) by Lewis Management Corporation. As part of their agreement with the City, Lewis would construct the main storm drain infrastructure along Dunlap Road, or Line A. Previous studies had been prepared proposing large conduits. Q3 was hired to re-evaluate the system hydrology and hydraulics models fix discrepancies, update land uses and evaluate the required facility type and size. Rational and Unit Hydrograph hydrology was prepared and routed through the conduit system with complex diversions, and multiple tributary hydrographs. As part of this study, Q3 evaluated the potential diversion of flows from Line A south to Line B since the newly constructed Line B had substantial freeboard associated with it. Q3 also focused on diverting flows from both Line A and Line B to a series of man-made lakes within the Sierra Lakes development. Diverting flows into these lakes was evaluated to store and percolate flows to maximize potential ground water replenishment.

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WHITEWATER RIVER CHANNEL AND GRADE CONTROL
IMPROVEMENTS| INDIAN WELLS, CA
DATES: 2018-2021

PROJECT INFORMATION
Client: City of Indian Wells / The Wildlands Conservancy Jack Thompson, The Wildlands Conservancy (TWC). Phone: (760) 325-7222. Email:

[email protected]
Fee: $429,000
Q3 provided engineering services for the analysis and conceptual design for improvements to the Whitewater River, as part of the Indian Wells Crossing development project. The team prepared a basis of design report and identified recommendations for proposed improvements to the Whitewater River Stormwater Channel (WWRSC). The project reach within the WWRSC extends approximately 3,000 feet downstream of Miles Avenue Bridge and 1,500 feet upstream (west) of the bridge. The work included the evaluation of new slope lining and stabilization/modification of grade control structures along a one-mile reach of the channel. The channel has a 100-year design discharge of 47,000 cfs. Technical studies included river hydraulics, long-term sediment transport, and scour studies along the channel and at the bridge and drop structure locations. The detailed analyses included HEC-RAS hydraulic models, scour calculations, sediment transport modeling, drop structure evaluation and design, and local bridge element scour calculations. Based on the results of the studies the project scope was expanded to develop improvement plans for the required improvements. Processed the plans and report through CVWD for approvals. The proposed improvements include construction of approximately 12,000 lf of concrete slope lining, improvements to existing grade control structure, and several storm drain outlets to the WWRSC for local drainage. Proposed improvements were designed in accordance with CVWD and Riverside County criteria. Several workshops were held with the approving agencies and their review consultant to develop a design that meets the needs of the project and would be acceptable to CVWD when dedicated to them for ownership and maintenance.

GRAND TERRACE FOCUSED AREA MASTER PLAN
UPDATE| GRAND TERRACE, CA
DATES: 2019-2022

PROJECT INFORMATION
Client: City of Grand Terrace
Alan French, Principal Engineer. Phone: (909) 824-6621 X251. Email:
[email protected].

Fee: $124,000
Q3 Consulting provided engineering services to update the “Pico” area of the City’s master plan of drainage. The City’s draft master plan update was never completed and lacked the necessary information for the required storm drain sizes associated with new development projects. The update for the Pico area included an advanced hydrology/ hydraulic SWMM model that used a combination of 2-d surface flow analysis with a 1-d subsurface (storm drain) analysis. Due to the steep terrain, and gridded street network, a rain-on-grid approach was used for the developed urban areas to more accurately determine the stormwater run-off patterns. The rational method and unit hydrograph hydrology for the hillslopes tributary to the urban areas were prepared in accordance with San Bernardino County hydrology methods and incorporated into the advanced models.

The update included the evaluation of the existing watershed conditions to identify the deficiencies and flood prone areas. These areas were confirmed through discussions with City staff and review of historic flooding documentation. Q3 identified a set of potential alternatives and evaluated the effectiveness in the hydrology/hydraulic model. The results of the alternatives analysis runs were used to determine the most cost-effective solutions for the deficient areas. Alignments and facilities sizes were prepared for the recommended storm drain systems. A focused master plan update report was prepared and processed for approval through the City.

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Additional References
Project Representative Image Description Reference As-Needed Stormwater On-Call And Regional
Storm Drain
Improvements
Huntington Beach, Ca
Fee: $290,000
Remi Candaele, as Senior Project Manager under previous entity, and Q3 Staff have been assisting the City with its Stormwater Implementation Program, providing a wide range of services. A few services have included the preparation of:

Construction documents for LID and Trash BMPs including the McCallen Park Water Quality Improvements to remove trash and debris from more than 2 square miles. Design challenges included:

Shoring for a 32-foot-deep pit for the implementation of the hydrodynamic separator
Jim Merid
Principal
City of Huntington Beach
(714) 375-8445
[email protected]
LACCD A/E On-Call:

Stormwater Mitigation
Improvements
Sylmar, Ca
Fee: $375,000
Remi Candaele served as Senior Project Manager under previous entity and led architecture, engineering, surveying, and construction administration services for the preparation and the implementation of the stormwater program in response to the anticipated Phase II Permit. Tasks performed included Plans, specification, and estimates for storm drain, sewer, water quality, street, electrical, and landscaping improvements. CGP Inspections and QSP support.

Stormwater capture and reuse studies.

Natalie Mason
Project Manager
Los Angeles Community College
District
(818) 367-7236
[email protected]
Pine Avenue Widening
City of Chino, CA
Fee: $3,500,000 Design
Q3 prepared technical hydrology and hydraulic studies and construction documents for the storm drain facilities associated with the widening of Pine Avenue from Euclid Avenue to Hellman Avenue, a 2-mile reach in the City of Chino. The roadway is being widened to support the increased traffic demand as a result of the buildout of the Chino Agricultural Preserve area. Detailed street flooded width, catch basin, and storm drain hydraulic calculations were prepared to support the design.

Amer Jakher
Director of Public Works
City of Chino
909-334-3265
[email protected]
County of Ventura OnCall Stormwater
Assistance
Ventura, CA
Cumulative Fee to
Date: $490,000
Assisting the Countywide Stormwater Implementation Program with: (1) design services for storm drain, drainage, and regional BMP projects to meet TSOs milestones ; (2) Perform reviews of LID Reports, grading plans, and drainage studies as part of the County’s discretionary and grading permit applications; (3) Coordination and review of plans, reports, and estimates from Caltrans District 7 for the joint stormwater project in Saticoy; and (4) Development and implementation of system-wide drainage and stormwater improvements to address the TMDLs and known flooded locations.

Ewelina Mutkowska
CSP Manager
County of Ventura Watershed
Protection District
805.645.1382
[email protected]

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Testimonials
“It has been a true pleasure working with you (Remi) and your team, your performance has been worth commending and I have no doubt it will only get better as the projects move forward.” Monelito Mendoza, BuildLACCD Stormwater Improvement Project Manager “I would definitely have positive feedback to share.”
Jim Merid, Environmental Principal Engineer, City of Huntington Beach “I have no reservation whatsoever in recommending Mr. Remi Candaele, PE for the 2-dimensional rainfall-runoff model of the City’s watersheds.”
Brent Siemer, Deputy Public Works Director, City of Simi Valley Underground Detention and Infiltration,
Sylmar,CA
Avenue E culverts under construction on Wilson Creek
in City of Yucaipa
Storm Drain Encasement
to Santa Clara River
Levee System, Oxnard,
CA
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Schedule of Charges
A detailed schedule of charges is included. The cost proposal includes hourly rates for all staff, anticipated direct and indirect charges, costs for site visits, reproductions, and other miscellaneous reimbursable expenses.

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Estimated CSDP
Area E11CSDP Estimated
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Table of Contents

1. Approach to the Scope of Services................................................................... 1

2. Proposer’s Personnel....................................................................................... 9

3. Qualifications and Experience........................................................................ 23

4. Availability of Staff......................................................................................... 26

5. Subconsultants .............................................................................................. 27

6. Local Preference ........................................................................................... 27

7. Information Request...................................................................................... 29

8. Comments or Suggestions ............................................................................. 29

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1. Approach to the Scope of Services

1. Design Phase
Provide Site Topo Survey - Overall topographical survey to determine elevations and drainage patterns.

Data will be used for the grading design of several features requested as part of the project. The final digital file will be surveyed points locating finish surfaces for hardscapes as well as culvert inverts throughout the reach of the channel. The limits of the survey will be from the top of W Meyers Rd to the discharge point at Cajon Wash. Each point will have a coordinate for horizontal location with an elevation based on a specified datum. The data for the survey file will have a basis of bearing for horizontal control with a basis of elevation (datum) for vertical control.

Provide Geotechnical Services – The goal is to investigate subsurface characteristics and provide recommendations for an optimal method of improvement from a geotechnical perspective. During the preliminary review, subsurface exploration will be done at the proposed reach of the channel where accessible.

Hydrology/Hydraulic study – Initial hydrology study to determine the following:
• Prepare a 100-year storm event drainage analysis of the study area using the worst of the 1-hour, 3-hour, 6-hour, and 24-hour design storm frequencies. Elevations for the watershed shall be obtained from the USGS maps. Channel elevations to be obtained from topo/survey data. • Preliminary design solutions with estimates will be presented. Once an initial field walk and drainage study of the existing channel is completed, a more comprehensive list of potential issues can be more clearly identified. Problems we will look at will be scour, sediment transport, and discharge to Cajon Wash. We will look at the street crossings and culverts and look at overflows to ensure the street crossings are strong enough to withstand the 100-year storm. In addition, an analysis of open vs. closed system will be shown, where the benefits and problems of each system will be presented.
• Once a design has been agreed upon between the City and the Consultants, a final hydraulic analysis will be calculated and construction plans with specifications, and estimates will be put together for submittal. This construction design will be to accommodate the 100-year storm event.
• A preliminary design of a 500-year storm event with an estimate of probable construction costs will be presented. With storm events of this magnitude, additional factors must be investigated.

Since the velocity of the channel will increase, the height of the embankments must be looked at in detail with comparison to the water surface; the width of the channel must be investigated to see if it’s feasible to widen the channel to take the additional flows. Also, the streets crossing must be investigated to see if there is an increase in velocity for the overflows.

Meetings with City Staff – To ensure a seamless communication with the City, we will plan in-person meetings at the City to discuss details on conceptual layouts and details needed or required from City staff. Meetings will be scheduled as needed. The goal is to make sure the ideas required or recommended by the City is implemented in the conceptual plans. This will avoid any conflicts in the construction phase of the project.

San Bernardino County Coordination – Coordinate approvals and permitting with San Bernardino County. Any exhibits or paperwork/forms will be put together and submitted within the timeframe of the City. Any additional requirements from the City will be incorporated into the design and will be part of the exhibit for San Bernardino County.

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Final Presentation to City – Prepare and provide a 20-minute presentation to the San Bernardino City Mayor and City Council. This presentation will be complete bringing up existing conditions and problems defined. The Final design for both the 100 year and 500 year storms will be discussed showing which design would be recommended for construction.

2. Construction Design Phase
Prepare 60% Design PS&E – The submittal package will be comprised of the Hydrology/Hydraulic calculations, plan/profile of existing and proposed improvements, specifications, and cost estimate for construction. The specification will be a multi-page document that will clearly list out every bid item that will be used to construct this project; the estimate will be a spreadsheet listing out the cost and quantity of every bid item listed in the specification; and reports for Hydrology/Hydraulics will be submitted to show our calculations for our design.

Prepare and Submit 90% PS&E – Respond to comments from the previous 60% submittal. A 90% submittal will be put together which will include a full set of plans, specification, estimate and reports. In addition, each page received from the City will be looked at and marked with a check mark to notify that the comment was looked at and revised as noted.

Prepare Final PS&E – Respond to comments from the previous 90% submittal. A final submittal will be put together which will include a full set of plans, specification, estimate and reports. Since these plans are final, the plans will be signed by the Engineer of Record.

3. Bid and Construction Support
Respond to RFIs – Request for Information (RFI) will be a high priority. Any RFI received will be responded to immediately, documented, and sent back. We will keep close communication with the contractor to ensure that questions are answered in a timely manner.

Approved Submittals – Any additional documents, specifications, or drawings will be looked at. The engineer of record will coordinate with the CM to approve these submitted documents prior to construction.

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Project Site Photographs
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2. Proposer’s Personnel
Organization Chart
Sid Mousavi, MSCE, PE
Principal-in-Charge
Aidan Mousavi, MBA, PE,

QSP/QSD
QA/QC Engineer
Christopher Ley, PE
Senior Engineer
Shawnt Babakhanian
CAD Manager
Francisco Calderon, PE, QSP/QSD
Project Manager
Bahar Baradaran
Engineering Assistant
On-Point Land
Surveying, Inc.

Surveying Subconsultant
J.E. Miller & Associates
Geotechnical Engineering
Subconsultant
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Resumes
Sid Mousavi has over 35 years of experience in engineering projects covering a wide range of municipal management, civil engineering, transportation, public works, construction management, traffic engineering, community development
and redevelopment, parks and recreation facilities, and public and private land development. As the Chief Executive Officer at Infrastructure Engineers, Sid is responsible for the direction and administration of internal services, civil engineering design, city services and other corporate management
responsibilities and matters. Prior to joining Infrastructure Engineers, Sid’s accomplishments included serving as City Manager, Director of Public Works, and City Engineer for various cities in Southern California, with responsibilities for directing and administering such functional elements as engineering, planning, building & safety, facilities and equipment, landscaping, streets, environmental services, transportation, transit, and other municipal services.

Responsibilities also included communication with City Councils, City Commissions, other city departments and governmental regulatory agencies, utility companies, contractors, consultants, and the general public. Sid has performed the entire spectrum of engineering activities, which include engineering investigations, conceptual and feasibility studies, planning/scheduling, design, specifications, cost analysis, cost estimating, contract negotiations, construction management and engineering support services.

Sid has served as the Contract City Engineer for the following cities:

Relevant Experience
Principal-in-Charge, Various Capital Projects, City of South El Monte, CA.

Sid was responsible for contract oversight of capital projects for the City, which included the Safe Route to School Project – Pedestrian Improvement Project, Durfee Avenue Project – Street and Median Improvement Project, Thienes Avenue Project – Street Improvement Project, and the New Temple Park Improvements – Prefabricated Modular Restroom.

City Engineer, City of Bell Gardens, CA.

Sid was responsible for approving all capital projects for the City and providing cost estimates and budgets for new and upcoming projects. Supervised various Infrastructure Engineers projects as the designated Principal-in-Charge. Participated in development meetings and provided support for various land development projects by establishing conditions for approval of projects. Supervised and directed traffic engineering and water engineering activities of the City. Attended City Council meetings and provided  City of Bell Gardens
 City of Montebello
 City of Irwindale
 City of La Puente
 City of Baldwin Park
Education:
• MS, Civil Engineering,
California State Polytechnic
University, Pomona, CA
• BS, Civil Engineering,
California State Polytechnic
University, Pomona, CA
• BS, Irrigation Engineering,
Azerbaijan University, Iran
Registrations/Certificates:
• Registered Civil Engineer, CA,
No. 42645
Years of Experience: 35+
Sid Mousavi, MSCE, PE – Principal-in-Charge
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reports of engineering projects to the City Council. Oversees the City’s NPDES program and MS4 Permit compliance.

Principal-in-Charge, City of Brea, CA.

Sid was responsible for oversight of performance of professional services to provide plans, specifications and estimates for rehabilitation of alleys east of Brea Boulevard and south of Imperial Highway to Date Street, Downtown Parking Structure 1 Sewer Line Upgrade, and Sewer Main Repair in Alley west of Brea Boulevard and south of Imperial Highway.

Principal-in-Charge, Various Street Improvements, City of Lynwood, CA.

Sid provided oversight of design, construction management, and inspection of street improvements for Linden Street, Virginia Avenue. Walnut Avenue, Redwood Avenue, Elmwood Avenue, Olanda Avenue, and Las Flores Boulevard. The project included topographic surveying to address the drainage issues, removal, and replacement of broken or missing gutters and curbs, subsurface investigation of the existing asphalt structure, replacement of existing damaged or substandard driveways, removal and replacement of trees that have caused damage, design of ADA-compliant ramps, and repair or placement of sidewalks, where necessary. Infrastructure Engineers also provided bid administration, construction management services, and inspection for these projects.

Interim City Manager, Director of Public Works & Planning and City Engineer, City of Baldwin Park, CA.

Served as Interim City Manager during a 14-month vacancy at the City of Baldwin Park, Responsible for the development of the $40 million annual operating and capital budgets, including the identification of new revenue sources for the City. Involved in labor negotiation with seven city labor groups. Also responsible for the enhancement of the City’s public information and public relations materials, policy development and implementation, and general administrative oversight of the City’s six departments and more than 300 employees. As Executive Director to the City’s Community Development Commission, directed the City’s redevelopment activities. Also served as Executive Director of the Baldwin Park Housing Authority, which provided housing services for Baldwin Park as well as the cities of Duarte, El Monte, Monrovia, and West Covina.

City Engineer, City of Bell Gardens, CA.

Served as the City Engineer under a general contract to provide City Engineer services. Responsible for all capital improvement programs, land development, traffic engineering, water engineering, and redevelopment engineering.

City Engineer, City of Montebello, CA.

Sid was responsible for all the City’s engineering issues and projects, including overseeing the City’s engineering staff. Also served as secretary to the Traffic Commission, preparing all reports and projects to the Engineering Division.

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Francisco Calderon has over 25 years of professional
experience in both civil and hydrological engineering design which covers all aspects of hydrology and hydraulics.

Francisco’s experience includes design of major drainage systems, preparation of stormwater pollution prevention plans, Water Quality Management Plans, and hydrology
reports.

Relevant Experience
Project Engineer, Yorba Linda Master Plan of Drainage,
Yorba Linda, CA.

Performed Hydrology calculations using Advanced Engineering Software (AES) software program. The entire Yorba Linda watershed consisted of hundreds of Acres. There were several watersheds that we had to analyze to get an accurate calculation. For our analysis, we used Rational method for watersheds under 640 acres and Unit Hydrograph method for watershed areas above 640 acres. We calculated all discharges at every node for the city limits of Yorba Linda and analyzed all the pipes that were deficient. We then calculated proposed pipes to accommodate discharges and proposed structures or basins to support the calculated discharges. For our network pipe calculations, we used Water Surface Pressure Gradient software (WSPG). This gave us the proper Hydraulic Grade Line which gave us the exact information we needed for pipes that were deficient. A full report was then prepared stating the pipe improvements that had to be done to accommodate the flows. This was all part of the Master Plan.

Project Engineer, San Timoteo Creek for the U.S. Army District, Riverside, CA.

Assisted in the preliminary design for this 2.5-mile channel consisting of 11 retention/detention basins.

The section of the channel consisted of buried soil cement banks on each side covered with natural dirt for vegetation. The channel depth varied from 27 to 36 feet with 10 to 16 feet reserved for sediment. The purpose of the project was to minimize erosion on the channel. Initial velocities were high and the volume of the sediment at the bottom of the channel was substantial. Our approach to the project was to flatten the existing slope of the channel to where the velocities were more manageable. Then, we designed drop structures at several locations with cement energy dissipators to ensure the beginning and end elevations remain the same with a better result with water and sediment control. Responsible for centerline control geometry, plan, profile, and cross-sections.

Project Manager, Space Center, Mira Loma, CA.

Project Manager and Designer for 50 AC commercial site. Design approach was to comply with Water Quality issues and Grading. Initial entitlement has been the initial push for this project. The design was a commercial warehouse building with parking throughout the site. The overall site had a moderate slope, which resulted in better flows for the parking area. With the site so large, we were able to capture the storm waters via sheet flow at the upper portion of the parking with a few inlets at the lower end. A channel ran through the middle of these parcels but any discharge to this stream had to be filtered due to the WQMP requirements by Riverside County Flood Control (RCFC). For our situation, several designs of bioswales and sand filters were implied in this project to acquire an agreement with RCFC. The Education:
• BS, Civil Engineering,
California State Polytechnic
University, Pomona, CA
Registrations/Certificates:
• Registered Civil Engineer, CA,
No. 58840
• Qualified SWPPP Developer
(QSD) No. 22435
Years of Experience: 25+
Francisco Calderon, PE, QSP/QSD – Project Manager
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bioswales were designed to initially filter out the flows with the required contact time, then the flows discharged into the sand filters for additional percolation before going into the channel.

Project Engineer, Palisades, Corona, CA.

Worked as Project Engineer to design Hydromodification and Water Quality design for Condominium in Corona. The project consisted of several hundred units which was adjacent to a wash. The goal was to design post discharge flowrate to be equal or less than existing flowrates. In addition, the requirement of hydromodification was required with the water quality requirements. During the study of grading and drainage flows, it was apparent that the site could be split into two different systems. So, an underground system was designed for each side of the development. This method enabled the developer more useable space in the long run which made the construction of the site less complicated when it came to grading.

Project Engineer, SoCal Gas Company, Playa Del Rey, CA.

Francisco was the Project Engineer assigned to design erosion control BMPs to protect the steep slopes on the SoCal Gas property. This occurred before the big, expected rains of El Nino and SoCal Gas wanted to protect the slopes to avoid any slope failures during the rainstorms. The task was to visit the site, make design decisions for the most feasible BMPs for the site, then present a construction drawing for SoCal Gas to approve. After the initial visit, the team noticed that a few parts of the slope were steeper than 1:1 which meant that additional slope stability measurements had to be taken using either soil nails or retaining walls. Through the help of the onsite soils engineer, the team was able to determine that using Geotextiles Mats were appropriate for most of the slopes considering these measures were only temporary. Additionally, they were able to stabilize the existing silt fences by installing sandbags at the base.

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Aidan Mousavi’s professional focus is primarily on the field of city engineering and environmental infrastructure by providing civil engineering assistance to Public Works and Engineering Departments. Aidan’s experience includes Traffic signal design, traffic impact analysis, calming studies, warrant reports, roadway design projects, parks, and downtown revitalization design projects, contract procurement, grant applications, project management, and administration. Aidan is familiar with municipal protocols and works within these structures to conduct field inspections and develop annual compliance reports. As an MBA graduate, Aidan brings his academic
knowledge to Infrastructure Engineers to work with the firm’s Operations Manager to manage all Capital Improvement
Program (CIP) and non-CIP projects.

Relevant Experience
Associate Engineer, San Gabriel River Bikeway, City of Baldwin Park, CA.

Aidan designed a Class I bikeway route with new decorative solar powered streetlights. Designed LID and Green-Street elements. He also prepared plans, specifications and estimate for City bidding. Developed Stormwater Pollution Prevention Plan (SWPPP) including erosion control plan.

Associate Engineer, Water Well No. 1, City of Bell Gardens, CA.

Expanded a water well pumping station and installed a 25 ft. reservoir on site. This required expanding the concrete working area by around 12,000 square feet. The area was flat, so area drains had to be designed to capture all the flows from the east side to the west which all discharges into an existing catch basin. The flows were captured with new storm drainpipes which connected to an existing system. In addition, this site had to comply with MS4 permit and hydrology retention basin requirements. To accomplish this, storm drainpipes were re-routed to discharge into an underground detention chamber. This chamber was sized to comply for both requirements which simplified our design. The chambers were designed to percolate storm flows and an overflow pipe is designed to flow into an existing catch basin during large storm events.

Project Manager, NPDES Watershed Management Plan, City of Bell Gardens, CA.

Aidan worked with over 20 agencies to prepare a comprehensive watershed management plan and coordinated integrated monitoring program to reduce the levels of pollution into the Rio Hondo River and assisted in developing, planning, and phasing the underground Ford Park Cistern Project.

Design Engineer, Coachella Grow Engineering Services, High Hampton, City of Coachella, CA.

Designed and designated catchment areas on 11-acre lot along with sizing and slope of pipe to divert water. Designed retention basin and dry wells to intercept runoff from catchment areas with intent to infiltrate the entire site’s runoff. Developed hydrology and hydraulics report to summarize findings and method for grading plans and retention basin size per Riverside County and City of Coachella Design Education:
• MBA, General, California
State Polytechnic University,
Pomona
• BS, Civil Engineering,
California State Polytechnic
University, Pomona
Registrations/Certificates:
• Registered Civil Engineer,
CA, No. 91136
• QSP/QSD No. 91136
Years of Experience: 10
Aidan Mousavi, MBA, PE, QSP/QSD – QA/QC Engineer
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Standards. The main objective for this project was designing a cannabis cultivation facility with parking and right-of-way improvements.

Engineering Supervisor, San Gabriel River Bikeway Environmental Services and Permits, City of Baldwin Park, CA.

Responsible for developing and approving SWPPP so all pollutants and their sources, including sources of sediment associated with construction site erosion and all other activities associated with construction activity were controlled. All discharges were identified and either eliminated, controlled or treated. BMPs selected that are effective and result in the reduction or elimination of pollutants in stormwater discharges. Post-construction BMPs are identified and installed during construction that are intended to reduce or eliminate pollutants after construction is completed. Developed methods to implement BMP inspection, visual monitoring, Rain Even Action Plan (REAP) and Construction Site Monitoring Program (CSMP).

Gertrude Drive Street Improvements, City of Lynwood, CA.

Developed Plans, Specifications and Estimate (PS&E) package for water improvement along Gertrude Drive. Designing 8” D.I.P Water Main complete with tees, service lines, water meters, water boxes, wedge gate valves, transition couplings, thrust blocks, reducers etc. Plans included asphalt and concrete repairs along with plan and profile for curb and gutter drainage.

Engineering Associate, Traffic Signal Improvement at Olive Street and Phelan Avenue Intersection, City of Baldwin Park, CA.

Aidan prepared a signal warrant study for the intersection of Olive and Phelan per the City’s request. After having passed warrant requirements, Aidan had designed proposed improvements to make the intersection signalized. The improvements included pavement rehabilitation, ugrading ramps to be ADA compliant, striping crosswalks and camera detection.

Associate Engineer, ATP Cycle 2 – Unprotected Crosswalk Safety Enhancement Improvements City of Huntington Park, CA.

The City requested Infrastructure Engineers (IE) to revise and complete the current Plans (39 sheets), Specifications and Estimates which had been prepared by Transtech. The scope included 22 intersection improvements for pedestrian accessibility and safety. The City also requested IE to obtain E76 for construction since it has only obtained Preliminary Environmental Study (PES) certifications from Caltrans.

In order to complete the E76 process, the Right of Way certifications and request for construction was required before completion, this process took between 6-8 weeks after completion of the 100% PS&E documents.

Supervising Engineer, Slauson Avenue Congestion Relief Improvements Project, City of Huntington Park, CA.

The City of Huntington Park was awarded a Metro Grant for Slauson Avenue Congestion Relief Improvements Project (MR306.83) for the design of five (5) intersections along the Slauson Avenue corridor and all other associated improvements to increase safety, intersection capacity, and operations.

The design phase was part of the I-710 Early Action Projects program. Aidan provided design services for the project while also pursuing the construction funding through the Gateway Cities COG, I-710 Project Committee.

CIP Manager, City of Montebello, CA.

Aidan was responsible for reviewing CIP and land development projects by establishing project priorities and scheduling. He evaluated work products of staff and contractors, developed project budgets, prepared cost estimates, coordinated multiple projects with other City departments, analyzed Packet Pg. 1366
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specifications, and made recommendations to City staff. Provided oversight for the City, ensuring that all major projects were running smoothly. Hosted pre-construction meetings with the contractors, construction managers, and City staff. In these meetings, ensured the construction manager understood relevant job duties as explained in the scope of work, and that the project was kept within budget and schedule while meeting all safety requirements. Assisted City residents with their concerns over the phone, at the front counter, and onsite.

Engineering Assistant, City of South El Monte, CA.

Assisted the City Engineer by providing counter staff support and responding to inquiries at the Engineering counter; responded to contractors, engineers, and architects; provided various engineering information, such as traffic counts data, surveying information, and City, county, and state standards.

Conducted research, compiled data, and reports for the City Engineer, conducted field visits for land development projects, when required; responded to telephone inquiries and generally assisted the department and the public with their needs and requests. Assisted with NPDES compliance requirements by providing annual training to field staff and by preparing the City for audits from the county or state Water Boards. Managed the City’s goal in attaining Climate Registered status. Hosted weekly meetings between various departments to elaborate on recent activities taking place within the City and proposed activities to take place in the future. Wrote warrants to be paid to contractors and issued permits to be paid to the City. Drafted staff reports, resolutions, and Requests for Proposals (RFPs) to be presented to Council. Attended City Council meetings to be well informed on the needs of the public and the intended direction of the Council. Maintained correspondence between all relevant government agencies such as LA Metro, Consolidated Sewer Maintenance District, Caltrans, etc. Managed plan checking services by maintaining the log, hosting meetings between developers and the plan checker, and drafting fees to be paid. Proofread and refined all documents from the Public Works Department. Organized and maintained all Public Works documents in the appropriate physical and electronical files.

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Christopher Ley has over 15 years design and engineering experience. He is excellent when it comes to CAD and graphic design. His experience includes civil engineering design including street layout, hydrology, drainage, sewer design and grading for residnetial and commercial projects.

Relevant Experience
Project Engineer, Walden and Associates, Irvine, CA.

Christopher was responsible for civil engineering design including street layout, hydrology, drainage, sewer design and grading for residential and commercial projects. Skilled in developing plans and survey data sets using AutoCAD Civil 3D 2012 and 2016. Production of reports using Microsoft Word and Excel, Bentley WaterCAD, and Bluebeam.

Staff Engineer/CAD Manager, WWD/L&S Engineering, Monterey, CA.

Responsible for civil engineering design including street layout, hydrology, drainage, sewer design and grading for residential and commercial projects. Skilled in developing plans and survey data sets using AutoCAD Land Desktop 2006 and AutoCAD Civil 3D 2011. Responsible for company's migration from Land Desktop 2006 to Civil 3D 2011. Subsequent duties as CAD Manager, responsible for all training in Civil 3D after initial offsite classes, development of comprehensive styles and description key sets, and implementing transitions to Civil 3D standards from Land Desktop. Also developed training aids and curriculum for transition. Responsible for conversion of Civil 3D files for Revit.

CAD Manager/Senior Draftsman, Saroyan Masterbuilders, Sand City, CA.

Responsible for residential and commercial design and drafting while ensuring ADA compliance, egress requirements and coordination of plans from various disciplines into a single set. Was responsible for implementation of AutoCAD 2006 system, training of 2 supervisors, development of CAD standards and overseeing transition from hand drafting.

Drafting and Engineering Manager, Greenway Design, Marina, CA.

Residential design and drafting including determination of code compliance for lateral stability and egress.

Extensive experience with MicroStation V8 and Triforma production drafting of residential structures, including application of engineering notes.

Senior Draftsman, Lindal Cedar Homes, Inc., Seattle, WA.

Senior draftsman with responsibility for residential design and drafting, including determination of code compliance for lateral stability and egress. Instrumental in creating structural designs of posts and beams for a variety of vertical and lateral loads. Pioneered development of various charts as aids in design of structural elements. Directly involved in the implementation of MicroStation Triforma 3D and developed methods of aligning nonplanar elements that were subsequently used by MicroStation in their official training programs.

Education:
• BS, Civil Engineering,
Oregon State University
Registrations/Certificates:
• Registered Civil Engineer,
No. 80620
Years of Experience: 15+
Christopher Ley, PE – Senior Engineer
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Shawnt Babakhanian has 30 years of experience in the
preparation of contract drawings for a variety of civil engineering, transportation engineering, and structural engineering projects. He also has extensive knowledge and expertise in both IT and CADD management.

Relevant Experience
Designer/Drafter, Safe Routes to School - Pleasant View, Vineland and Tracy Elementary Schools, City of Baldwin
Park, CA.

The project consisted of preparation of PS&E for new signing and striping, curb extensions, new curb and gutter, sidewalks, ADA-compliant ramps, and pavement. Other improvements
included the installation of detectable warning surfaces. The project consists of work on nine intersections.

Designer/Drafter, Safe Routes to School Program Implementation Plan, Bell Gardens High School & Garfield Elementary School, City of Bell Gardens, CA.

Responsible for all drawings for this project, which included removing existing markings, rehabilitating pavement areas, installing zebra crosswalks, raised truncated domes, bulb-outs, pedestrian countdown signal heads, solar streetlights, solar radar speed feedback signs, pavement legend, and marking, striping, markers at 15 intersections.

Designer/Drafter, Federal Safe Routes to School Program Implementation Plan - Eastmont Intermediate School, City of Montebello, CA.

Responsible for all drawings for this project, which included school-area improvements by replacing school crosswalks, concrete sidewalk, signs, traffic striping, markers, pavement markings to increase the safety of children walking to school.

Designer/Drafter, Traffic Signal Modification at Nelson Avenue and Sunset Avenue, City of industry, CA.

Provided design assistance and plans for this project, which included construction of roadway improvements, including removal of existing improvements including AC pavement, concrete sidewalk, curbs and gutters, storm drain improvements, landscaping and traffic signals, and construction of new street and sidewalk improvements, including new PCC curb and gutter, PCC sidewalk, storm drain catch basins, drainage inlet modifications, AC pavement sections, and replacement of the traffic signal system located at the intersection.

Designer/Drafter, Elm Street ADA Accessibility Project, City of Montebello, CA.

Responsible for the preparation of plans and details. Involved in detailed field investigations, including a field survey of curb ramps, driveways, and sidewalks. Specifications and cost estimates were prepared for ADA accessibility improvements. Quality assurance/quality control was put into practice to ensure the improvements were completed as defined by the client.

Certificates:
• AutoCad Glendale College,
Glendale
• AutoCad Civil 3D Westech
College, Pomona
• Microstation Westech
College, Pomona
• Land Development Desktop
Westech College, Irvine
Years of Experience: 30
Shawnt Babakhanian – CAD Manager
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Designer/Drafter, Alley Improvement Project, City of Bell Gardens, CA.

Responsible for drafting pavement, longitudinal gutters, and utility improvements. The project included reconstruction of the alley’s intersection, pavement, and gutter system. Also involved in specifications and cost estimate preparation. Responsible for quality assurance/quality control for the project’s plans and details to ensure that the project was completed while adhering to city requirements. The project was completed on time and within budget.

Safe Routes to School Program Implementation Plan, Bell Gardens High School & Garfield Elementary School, City of Bell Gardens, CA.

Provided design assistance and plans for this project, which included removing existing markings, rehabilitating pavement areas, installing zebra crosswalks, raised truncated domes, bulb-outs, pedestrian countdown signal heads, solar streetlights, solar radar speed feedback signs, pavement legend, and marking, striping, markers at 15 intersections.

Designer, Garfield Avenue Street Improvement Project, City of Montebello, CA.

Responsible for the preparation of plans, profiles, and details, and involved with the field investigation that included field surveys of the asphalt pavement, sidewalks, curbs and gutters, driveways, and curb ramps. In addition, specification and cost estimates were prepared for the street improvements. The project was completed successfully, ahead of the deadline and under budget.

Designer/Drafter, Street Improvement Project/Pedestrian Crossing Light Improvements, Various Streets, City of Bell Gardens, CA.

Provided design assistance and plans for this project, which included overlay of asphalt rubber hot mix (ARHM), reconstruction of sidewalks, driveway approaches, curbs and gutters, cross gutters, alley intersections, curb ramps, AC pavement, striping and marking, and pedestrian crossing light improvements.

Designer/Drafter, Gran Plaza Design Project, City of Calexico, CA.

The project called for designing a new shopping mall, including a site plan, grading, sewer system, water system, drainage, and signing and striping. Responsibilities included designing/drafting the site plan and drafting the project’s sewer and water plan and profiles. The project was completed successfully ahead of the deadline, under budget, and to the client’s satisfaction.

Designer/Drafter, Various Street Rehabilitation Projects, City of Bell Gardens, CA.

Responsible for drafting street improvements, signing and striping, and utility plans. In addition, Shawnt was involved in specifications and cost estimates preparation. He was responsible for quality assurance/quality control for project plans and details to ensure the project was completed while adhering to city requirements. The project was completed on time and within budget.

Designer/Drafter, University Drive Street Improvement Project, City of Irvine, CA.

University Drive required improvements to the asphalt pavement, median islands, curbs and gutters, driveways, sidewalks, and adjustments to the utilities. Shawnt oversaw drafting and design for the project, as well preparing cost estimates and conducting the field investigation. The project was completed to the client’s specifications, on time, and well within budget.

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Relevant Experience
Engineering Assistant, ATP Cycle 2 Lynwood Community
Linkages to Civic Center and Long Beach Boulevard, City of Lynwood, CA.

Responsible for creating the signing and striping sheets for the project. Work involved creating the construction notes and designing the new striping on AutoCAD.

Engineering Assistant, Street Rehabilitation Project, Bell Gardens, CA.

Responsible for developing street cross section and base map; performed field reconnaissance to inspect and verify surface indications of utilities. Infrastructure Engineers is providing design, project management, bidding of contract, construction management and inspection, as well as federal fund administration for this project that involves removal of existing AC paving and paving of AC pavement and concrete improvement reconstruction, including replacing existing curb and gutter, sidewalk, driveway approaches, access ramps, and adjustment of utility covers, traffic striping, markers, pavement markings and curb painting.

Engineering Assistant, CIP Priority 2B Street Improvement Project, Lynwood, CA.

Bahar has created all sheets for improvements and utility relocations for the City’s Phase 2 CIP Street Improvement Project. Tasks included coordinating with utility companies and conducting field investigations to obtain measurements of existing site and proposed improvements. Bahar has prepared specification package per Greenbook and has developed quantities for removals and improvements for cost estimation.

Intern, City of Irvine, CA.

Bahar acted as sustainability manager assistant. She aided in the development of plans on drainage, road, and residential projects. She also helped with environmental studies, permitting and alternative analyses.

She observed the preparation, function and process of tender and contract documents in action and assisted civil engineers to fulfill these. Bahar also collaborated with research on other projects as a team member.

Internship, William Simpson and Associates, City of Lake Forest, CA.

Bahar drafted detail of sections, plans, and elevations with AutoCad. She handled cost of materials estimations, report and document tracking, project documentation, on-site project visits, and building permit applications. Bahar shadowed senior civil engineer on a project to determinate the on-going stability of concrete stabilized footpath around a commercial center.

Internship, MRH Structural Engineers, City of Newport Beach, CA.

Bahar gained experience in document reading, as well as preparation of maps and plans. She computed load and grade requirements and material stress factors to determine design specifications with MathCad.

Bahar also drafted detail of sections, plans, and elevations with AutoCad.

Education:
• MS, Water Resources,
California State University,
Fullerton
• BS, Civil Engineering,
University of Science and
Culture, Iran
Years of Experience: 4
Bahar Baradaran – Engineering Assistant
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Subconsultants
On Point Land Surveying, Inc. offers their clients highly experienced staff that can manage any level of project. They handle projects from small residential lots to multi-milliondollar construction projects. It is their goal to consistently exceed their client's expectations by offering the highest degree of coordination, communication, and client contact while maintaining very competitive pricing.

Company Principals
Gary A. Lewis and Anthony D. Smith
Principal/President/Director of Field Operations Principal/Vice President/Administrative Survey Manager CA PLS 8601CA PLS 8133, AZ PLS 48359, CA PE 80387 Gary has over 26 years of both field and office experience; including projects from small lot surveys to large scale construction projects. Gary is currently the Director of Field Operations for On Point Land Surveying, Inc. His work assignments consist of managing the field crews when performing design, asbuilt topographic, boundary and construction surveys.

Tony is a graduate of California State Polytechnic University, Pomona with a Bachelor of Science in Civil Engineering, emphasis in Geospatial Engineering. Tony has over 18 years broad-spectrum experience in all phases of land surveying and civil engineering; including project management, fundamental engineering, and construction services for projects valued to $100 million.

Professional Experience
 Boundary Surveys
 ALTA Surveys
 Residential and commercial construction staking
 Parcel Maps, Tract maps, & Records of Survey
 GPS Surveys
 Aerial control & Aerial Topographic Surveys
 Design Surveys
 Open pit mining
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J.E. Miller & Associates, specializes in Land Surveying, Civil Engineering and Planning. This includes construction staking, grading plans, utility plans, certifications, consulting and more.

They perform services for residential, commercial, and public works projects and have developed many beneficial
relationships with the local governing institutions. They believe in working hard and taking care of people. They believe in honesty and integrity - the difference being honesty is telling the truth and integrity is doing the right thing even when no one is watching. They believe in precision and efficiency. They believe in experience and open minds, and they believe that all this put together creates success for their clients and their business.

J.E. Miller & Associates – Geotechnical Engineering Subconsultant Packet Pg. 1373
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3. Qualifications and Experience
Our design team delivered PS&E for the improvements
on Lilita Street and Eve Avenue in the City of Lynwood.

The project consisted of a comprehensive
rehabilitation of the streets, including new pavement
sections, localized concrete repairs, a new storm drain chamber to alleviate the flooding in the area, a new
water main and localized sewer repairs. All of the
proposed improvements were based on
hydrology/hydraulic reports, a geotechnical report, the City’s water master plan and sanitary sewer CCTV
footage. The medium-sized BMP was deemed the best
option from four different recommendations our
design team provided to the City.

Client Contact Information:
• Julian Lee, Public Works
Director
• (310) 603-0220 ext. 801
• [email protected]
• Project Cost:
$1,234,621
• Dates of service: 2017 -
2019
IE Team Members:
• Farzad Dorrani
Project Manager
• Haney Henein
Construction Manager
• Shawnt Babakhanian
CAD Specialist
Lilita Street and Eve
Avenue Street Rehab.
and Storm Drain
Improvements
City of Lynwood
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The scope of work provided by IE under the contract
for City Engineer services, was to coordinate for the
design and construction of a commuter bike path for
the City of Baldwin Park. The work also included direct communication with City of Baldwin Park staff, Los
Angeles Flood Control District, and US Army Corps. for
permitting purposes. Several reports were coordinated
for submittal including Hydrology report, Geotech
report, Cultural report, and NESMI report. This project has been active with field visits, design, and
coordination with subconsultants and City staff but
construction for the bike path and the landscaping will begin October of 2022.

Client Contact Information:
• Sam Gutierrez, Public Works
Director
• (626) 960-4011
• [email protected]
• Project Cost:
$1,200,000
• Dates of service: October
2022
IE Team Members:
• Francisco Calderon
Project Manager
• Miguel Hernandez
Construction Manager
• Shawnt Babakhanian
CAD Specialist
San Gabriel River
Commuter Bikeway
Project
City of Baldwin Park
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The scope of work provided by IE under the contract
for City Engineer services, is to coordinate for the
design to connect Baldwin Park to the San Gabriel River Trail. Project scope includes conducting hydrologic
analysis of the trail and surrounding drainage areas
and planting native vegetation in landscaped areas
with drought tolerant trees and bioswales along the
greenway. The work also includes direct
communication with City of Baldwin Park staff, Los
Angeles County Flood Control District, and U.S. Army
Corps of Engineers for permitting purposes. This
project has been active with field visits, design, and
coordination with subconsultants and City staff and
construction for the bike path and the landscaping will begin shortly once U.S. Army Corps of Engineers'
permit has been granted.

Client Contact Information:
• Sam Gutierrez, Public Works
Director
• (626) 960-4011
• [email protected]
• Project Cost:
$3,845,295
• Dates of service: June 2023
IE Team Members:
• Aidan Mousavi
Project Manager
• Miguel Hernandez
Construction Manager
• Shawnt Babakhanian
CAD Specialist
Big Dalton Wash Project
City of Baldwin Park
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4. Availability of Staff
Key Staff Availability
Sid Mousavi 25%
Francisco Calderon 45%
Aidan Mousavi 40%
Christopher Ley 45%
Shawnt Babakhanian 40%
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5. Subconsultants
Infrastructure Engineers will not be utilizing any subconsultants.

6. Local Preference
Advanced Applied Engineering, dba, Infrastructure Engineers, an S corporation, was established in 1994 with a clear mission to provide professional engineering and municipal services to cities and counties throughout Southern California. We are committed to making a difference in the communities we serve by maintaining and improving infrastructure and supporting civic services.

Our staff are focused practitioners and expert technicians in every field they service. Many of them are former city employees, so they understand the importance of maintaining strict oversight of project schedules, budgets, and maintenance. They possess firsthand knowledge of city operations and priorities, which empowers them to be strong advocates for every city they serve. We work closely with our clients to address issues before they become a problem and strive to always deliver highquality results on time and within budget.

As a mid-sized municipal services consulting firm, we have achieved great success in our pursuit of service to cities, which has allowed us to grow to a firm with more than 120 staff in five (5) offices conveniently located throughout Southern and Central California. Our office locations are as follows:

San Bernardino County:
301 E. Vanderbilt Way
Suite 430
San Bernardino, CA 92408
Phone: (714) 940-0100
Orange County
(Headquarters):
3060 Saturn Street
Suite 250
Brea, CA 92821
Phone: (714) 940-0100
Los Angeles County:
13200 Crossroads Parkway
Suite 400
Industry, CA 91746
Phone: (626) 544-0400
Infrastructure Engineers will provide these services from our San Bernardino office. There are currently five (5) employees stationed at this office and ten (10) employees are doing business inside the City limits on behalf of IE.

Infrastructure Engineers’ Business License appears on the following page.

City of Orange:
3111 N. Tustin Avenue
Suite 270
Orange, CA 92865
Phone: (714) 940-0100
Kern County:
785 Tucker Road
Suite G, PMB #401
Tehachapi, CA 93561
Phone: (714) 940-0100
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7. Information Request
Infrastructure Engineers does not foresee requiring any additional Items, actions or information to be provided by the City.

8. Comments or Suggestions
Since this RFP is for a channel study and design for a 100-yr and 500-yr storm event for Meyers Creek, it would be more complete to acquire the 100-yr and 500-yr depths and flows for Cajon Wash. This wash is the discharge point for Meyer’s Creek. As an example, if Cajon Wash increased in depth significantly for the 500-yr storm then that will greatly affect the design of the Meyer’s Creek channel for that particular storm event. With this additional information, we can design something more specifically to protect the residences that are adjacent to the wash.

9. Cost Proposal
Infrastructure Engineers’ “Cost Proposal” appears in a separate, sealed envelope, per the RFP.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 18, 2023
To: Honorable Mayor and City Council Members
From: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Award a Professional Services Agreement for a Parks Master Plan
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-016 to:

1. Approve the award of a Professional Services Agreement with Next Practice Partners, LLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400; and

2. Authorize the Agency Director of Administrative Services to amend the FY 2022/23 CIP budget and appropriate funding from the FY 2023/24 adopted CIP budget in the amount of $750,000 through Measure S Fund to complete the Project; and

3. Authorize the City Manager, or designee, to sign and execute the agreement.

Background
The City of San Bernardino is an incredibly diverse community that houses various backgrounds and cultures. This is seen with the presence of a higher than national average Hispanic/Latino and Native American population, numerous veterans and thousands of students through California State University, San Bernardino. To accommodate its diverse population, the City offers a wide variety of social and recreational activities, including 30+ parks, greenways and trails, entertainment and community centers, soccer complexes, and senior services. In a continuing effort to offer services that better serve and engage the community of San Bernardino, the City proposes developing a new Park Master Plan. While most Parks Master Plans are typically re-evaluated every 10 years to assess for any significant modifications that may influence the local community’s recreation needs the City’s existing Plan was last updated in 2008.

Packet Pg. 1382
Discussion
The Park Master Plan is a strategic document that studies the existing park system, facilities and recreation programming, and identifies a planning blueprint to improve, protect and expand the city's network of parks, facilities and recreational services for the future.

On September 15, 2022, Public Works requested proposals to provide Professional Services for the City of San Bernardino Parks Master Plan. Two (2) responses to the RFP were received on October 20, 2022.

Firm Name Location
Next Practice Partners, LLC. Carmel, IN
RJM Design Group San Juan Capistrano, CA
The proposals from the firms were evaluated by staff based on several criteria including:
• Understanding of the work to be performed
• Experience with similar kinds of work (including experience with the City) • Qualifications of key personnel
• Rates
• Familiarity with state and federal procedures
• Financial responsibility
• Demonstrated technical ability
A selection committee consisting of management level staff reviewed the two proposals. Next Practice Partners, LLC received superior ratings in the following categories: necessary related experience, adequacy of staff, completion schedule, depth of understanding of the project and project approach.

Next Practice Partners, LLC, has extensive experience with park master planning and park development projects. Some of their successfully completed nearby projects thought Southern California include the City of Carlsbad Park Masterplan, City of Freemont Park Master Plan, City of Chino Park Mater Plan, and City of Temple City Parks and Open Space Master Plan.

The City of San Bernardino Park Master Plan process will generally entail three phases: a) Completion of a site inventory and analysis and program/needs assessment (Discover); b) Conduct Public Outreach (Envision); and c) Development of a preferred concept into Master Plan recommendations (Develop).

Community engagement will be an essential component of the Master Plan process at all stages.
2021-2025 Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No 3: Improved Quality of Packet Pg. 1383
Life. The Completion of this project will improve park assets by developing a Park Master Plan with recommendation for future improvements of City Parks.

Fiscal Impact
There is no General Fund impact associated with this action. The budget for the proposed work was previously established through the Adopted Capital Improvement Plan for FY 2022/23 - 2023/24 as follows:

FY 2022/23 Cultural Development Fund $350,000
FY 2023/24 Measure S $750,000
Staff recommends the appropriation of the $750,000 in Measure S programmed for FY 2023/24 to be amended to FY 2022/2023.

The estimated cost of preparation for the City of San Bernardino Park Master Plan is $997,400.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-016 to:

1. Approve the award of a Professional Services Agreement with Next Practice Partners, LLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400; and

3. Authorize the City Manager, or designee, to sign and execute the agreement.

Attachments
Attachment 1 Resolution No. 2023-016
Attachment 2 Professional Services Agreement
Attachment 3 Next Practice Partners, LLC. Proposal
Attachment 4 RJM Design Group Proposal
Ward:

All Wards
Synopsis of Previous Council Actions:

June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102 adopting the 2022-24 CIP.

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Resolution No. 2023-016
Resolution No. 2023-016
January 18, 2023

Page 1 of 3 ends

Mayor and City CouncilJanuary 18, 2023

Mayor and City Council
January 18, 2023