CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Darren Goodman, Chief of Police
Department: Police
Subject: Technical Revision for the Purchase of Cellular Site Simulator Equipment (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt resolution 2023-185 authorizing:
1. The City Manager to execute a goods purchase agreement between the City of San Bernardino and Tactical Support Equipment.
2. The Director of Finance and Management Services to issue a Purchase Order to Tactical Support Equipment in an amount not exceeding $687,000.
Executive Summary
During the original purchasing process, staff identified a bidding error invalidating the initial RFQ. Tactical Support Equipment (TSE) was the winning bidder for the second RFQ Process. After the bid was awarded to TSE, one of the competing vendors challenged the bid process. The Finance Department resolved the challenge by rescinding the bid award and issuing a new request for proposals (RFP). TSE won the bid once again. Staff requests that the Mayor and City Council authorize the execution of a goods purchase agreement with TSE and issuing of a purchase order.
Background
The City was awarded $400,000 in Urban Area Security Initiative (UASI) grant funding to purchase a Cellular Site Simulator and $25,000 for an appropriate transport vehicle. The City is obligated to cover any remaining balance. In June of 2022, the City conducted an open bid solicitation process to purchase Cellular Site Simulator equipment. Tactical Support Equipment (TSE) was the best option bidder based on equipment availability and lowest cost. On November 16, 2022, the Mayor and City Council adopted Resolution 2022-239, approving the Cellular Site Simulator Usage and Privacy Policy and a purchasing agreement between the City of San Bernardino and TSE. The Agency Director of Administrative Services was authorized to transfer $460,000 from the Asset Forfeiture Fund into the General Fund to cover the City’s portion of the equipment cost. During purchasing, staff discovered TSE did not include sales tax in their winning bid. Consequently, The City conducted a new open bid solicitation in March 2023. Once again TSE was selected as the winning bidder. TSE is a wholesale vendor and does not pay state sales taxes, so the City agreed to pay the State upon purchasing the equipment. The Mayor and City Council adopted Resolution 2023-133 approving the purchase of the Cellular Site Simulator.
Discussion
After the purchase was approved by the Mayor and Council, a competing vendor challenged the bidding process, causing the Finance Department to resolve the dispute by rescinding the second bid award to TSE and holding a new bid solicitation. The bid solicitation was opened on October 23, 2023, and TSE was selected again as the bidder who submitted the most qualified proposal. TSE remains a wholesale vendor and cannot pay the State sales taxes, so the City will pay the sales taxes directly to the State upon purchase. The cost to be paid to TSE is $687,000 and the sales tax to be paid to the State is $60,112.50, bringing the total cost of the purchase to $747,112.50. 2021-2025 Strategic Targets and Goals
The request to spend grant funds to purchase cellular site simulator technology aligns with the following strategic targets and goals: 3.c. Improved Quality of Life: Evaluate and enhance the quality of public safety services.
Fiscal Impact
There is no General Fund Impact. There is sufficient funding appropriated in FY 23/24 operating budget for this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt resolution 2023-185 authorizing:
1. The City Manager to execute a goods purchase agreement between the City of San Bernardino and Tactical Support Equipment.
2. The Director of Finance and Management Services to issue a Purchase Order to Tactical Support Equipment in an amount not exceeding $687,000.
Attachments
Attachment 1 Resolution 2023-185
Attachment 2 Goods Purchase Agreement
Attachment 3 Second Resolution 2023-133
Attachment 4 Second Goods Purchase Agreement
Attachment 5 Original Resolution 2022-239
Attachment 6 Original Goods Purchase Agreement Ward:
All Wards
Synopsis of Previous Council Actions:
December 1, 2021 Mayor and Council adopted resolution 2021-283 accepting 2020 UASI grant funds
November 16, 2022 Mayor and Council adopted Resolution 2022-239 approving the purchase of cellular site simulator equipment and the adoption of a cellular site simulator usage and privacy policy August 16, 2023 Mayor and Council adopted Resolution 2023-133 authorizing the purchase of cellular site simulator equipment