Agenda packet, regular meeting, first session — Mayor and City Council, February 21, 2024 (part 2 of 7)

Packet Page. 396
Exhibit B
EXHIBIT “G”

SCOPE OF ONGOING-MAINTENANCE
[***INSERT SCOPE OF ON-GOING MAINTENANCE SERVICES***]
Packet Page. 397
Exhibit C
[***OPTIONAL: IF FEDERAL FUNDS ARE INVOLVED, ATTACH FEDERAL FUNDING REQUIREMENTS - DELETE THIS EXHIBIT OTHERWISE***]

EXHIBIT C

FEDERAL REQUIREMENTS
[***INSERT APPLICABLE FEDERAL REQUIREMENTS – REQUIREMENTS WILL CHANGE BASED ON FUNDING SOURCE***]
Packet Page. 398

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Rolland Kornblau, Director of Technology
Department: Public Works
Subject: Request for Purchase Authorization for network Refresh (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Goods Purchase Agreement with Sehi Computer Products, Inc. for purchasing network hardware using the NASPO contract, as approved for funding through the FY 2023/24 Operating Budget:

2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $640,000 to Sehi Computer Products, Inc.

Executive Summary
A purchase order not to exceed $600,000 is requested for the purchase of network hardware. The equipment is necessary to improve the City‘s network speed and resilience as it will replace end-of-life hardware. Funding for this purchase was authorized by the City Council as part of the Strategic Targets and Goals (Improved Operational & Financial Capacity). This project began with the replacement of Firewalls and Core Switches as approved in Resolution No. 2022-54. This project will continue with replacing the remaining switches and wireless in VANIR, 201 E Street, Facilities, Animal Services, and Public Safety.

Background
The Information Technology Department is responsible for the maintenance, repair, Packet Page. 399
and function of City-owned network hardware. The Mayor and City Council approved a budget in Resolution No. 2022-44 to begin the process of upgrading the network hardware in the City. Newer equipment is needed to complete the upgrade. This equipment will allow 10 GB speed within City buildings. As more services are provided by Cloud Computing, the City must upgrade its infrastructure.

Discussion
Information Technology is proposing to complete the network hardware upgrade that began shortly after budget approval in March 2022. The City needs to upgrade network switches and wireless in VANIR, Public Safety, 201 E Street, Facilities, and Animal Services buildings. Quotes were generated from 3 vendors. Sehi was selected as they submitted the lowest price using the NASPO (National Association of State Procurement Officials) contract.
2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed.

Fiscal Impact
The General Fund impact is $600,000 and is appropriated in the FY2023/24 budget. The purchase order amount of $600,000 will allow for the purchase of network equipment to replace hardware at VANIR, Public Safety, 201 E Street, Facilities and Animal Services
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $600,000 to Sehi Computer Products, Inc.

Attachments
Attachment 1 - Sehi Quote
Attachment 2 - CDWG Quote
Attachment 3 - MegaBuy Computer Store Quote
Attachment 4 - Sehi Goods Purchase Agreement
Packet Page. 400
Attachment 5 – NASPO Contract
Attachment 6 – NASPO California Addendum
Ward:

All Wards
Synopsis of Previous Council Actions:

June 15, 2022 The Mayor and City Council approved the purchase of equipment for the initial Network Refresh
Packet Page. 401
SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For 201 Building
San Bernardino CA 92401
1 Q00146076
1/11/2024
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
Q00146076 BEST Net 30 439,634
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
7 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $19,047.00 7 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $3,892.00 14 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $8,722.00 7 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $55,930.00 1 Q9G69A HPE Aruba (10pk) Mount Bracket (Type-B) f/Wireless AP - 510 S Each $105.00 $105.00 10 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $1,500.00 7 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $4,375.00 1 R0M47A HPE Aruba 50G SFP56 to SFP56 3m DAC Cable Each $264.00 $264.00 10 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $9,240.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 7 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $14,273.00 Pricing on this quote is only good thru 2/9.

For 201 Building
For 201 Building
$117,348.00
$0.00
$8,087.29
$0.00
$0.00
Subtotal
Misc
Tax
Freight
Trade Discount
Total $125,435.29
Packet Page. 402
SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For PD Main and SubStation
San Bernardino CA 92401
1 Q00146078
1/17/2024
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
Q00146078 BEST Net 30 439,636
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
10 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $27,210.00 10 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $5,560.00 20 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $12,460.00 10 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $79,900.00 1 Q9G69A HPE Aruba (10pk) Mount Bracket (Type-B) f/Wireless AP - 510 S Each $105.00 $105.00 10 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $1,500.00 10 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $6,250.00 3 R0M47A HPE Aruba 50G SFP56 to SFP56 3m DAC Cable Each $264.00 $792.00 10 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $9,240.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 8 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $16,312.00 Pricing on this quote is only good thru 2/9.

For PD Main and SubStation
For PD Main and SubStation
$159,329.00
$0.00
$10,882.29
$0.00
$0.00
Subtotal
Misc
Tax
Freight
Trade Discount
Total $170,211.29
Packet Page. 403
SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For Vanir Tower
San Bernardino CA 92401
1 Q00146079
1/17/2024
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
Q00146079 BEST Net 30 439,637
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
1 SEHI MISC For Vanir Tower, 1st Floor: Each $0.00 $0.00 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 --------------------------------
1 SEHI MISC For Vanir Tower, 3rd Floor: Each $0.00 $0.00 2 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $5,442.00 4 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $2,224.00 4 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $2,492.00 2 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $15,980.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 2 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $1,250.00 1 R0M47A HPE Aruba 50G SFP56 to SFP56 3m DAC Cable Each $264.00 $264.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 --------------------------------
1 SEHI MISC For Vanir Tower, 8th Floor: Each $0.00 $0.00 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 Packet Page. 404
SBC401
Master No.

BEST Net 30
City of San Bernardino
2 Q00146079
1/17/2024
Q00146079 439,637
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Quote
Date
Page
290 North "D" Street
Rolland Kornblau / For Vanir Tower
San Bernardino CA 92401
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 ------------------------------------
Pricing on this quote is only good thru 2/9.

For Vanir Tower
$69,832.50
$0.00
$4,821.18
$0.00
$0.00
Subtotal
Misc
Tax
Freight
Trade Discount
Total $74,653.68
Packet Page. 405
SBC401
Master No.

Quote
290 North "D" Street
Rolland Kornblau / For Wan HW Upgrade
San Bernardino CA 92401
1 Q00146081
1/17/2024
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Date
Page
City of San Bernardino
Q00146081 BEST Net 30 439,639
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
1 SEHI MISC For 5th Senior Center: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Animal Services: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 5 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $67.50 5 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $750.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 5 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $4,620.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SRWO16US TrippLite Wall Mount Open Frame Rack (16U) 2-Post Hinged Fron Each $329.00 $329.00 -----------------------------------
1 SEHI MISC For CID: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 Packet Page. 406
SBC401
Master No.

BEST Net 30
City of San Bernardino
2 Q00146081
1/17/2024
Q00146081 439,639
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Quote
Date
Page
290 North "D" Street
Rolland Kornblau / For Wan HW Upgrade
San Bernardino CA 92401
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Delmann Heights: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Feldheym: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Lytle Creek: Each $0.00 $0.00
Packet Page. 407
SBC401
Master No.

BEST Net 30
City of San Bernardino
3 Q00146081
1/17/2024
Q00146081 439,639
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Quote
Date
Page
290 North "D" Street
Rolland Kornblau / For Wan HW Upgrade
San Bernardino CA 92401
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Norton Gym: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Perris Hill: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 Packet Page. 408
SBC401
Master No.

BEST Net 30
City of San Bernardino
4 Q00146081
1/17/2024
Q00146081 439,639
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

Quote
Date
Page
290 North "D" Street
Rolland Kornblau / For Wan HW Upgrade
San Bernardino CA 92401
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Ruben Campos: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
1 SEHI MISC For Rudy Center: Each $0.00 $0.00
1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE Each $2,721.00 $2,721.00 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver Each $556.00 $556.00 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US Each $623.00 $1,246.00 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp Each $7,990.00 $7,990.00 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu Each $13.50 $40.50 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU Each $150.00 $450.00 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Each $625.00 $625.00 3 R7J39A HPE Aruba AP-655 (US) Campus AP Each $924.00 $2,772.00 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Each $0.00 $0.00 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Each $2,039.00 $2,039.00 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORSEach $825.00 $825.00 & SI Pricing for this item is only good thru 1/30.
-----------------------------------
Pricing on this quote is only good thru 2/9 unless
Packet Page. 409
SBC401
Master No.

BEST Net 30
City of San Bernardino
5 Q00146081
1/17/2024
Q00146081 439,639
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Bill To: Ship To:

For Wan HW Upgrade
$194,324.00
$0.00
$13,655.87
$0.00
$0.00
Subtotal
Misc
Tax
Freight
Trade Discount
Total $207,979.87
Packet Page. 410
12/28/23, 4:16 PM CDW | Shopping Cart
https://www.cdwg.com/cart/index 1/5
HPE Aruba 6300M - switch - 48
ports - managed - rackmountable
MFG Part: JL659A
CDW Part: 6039477
UNSPSC:

ITEM AVAILABILITY PRICE QUANTITY ITEM TOTAL
4-6+ Weeks
Expected in-stock date for this
item is between 4-6 weeks.

Item will ship once it is in
stock.
$10,872.74
$10,354.99
My CDW●G Price
$321,004.69 
Top Recommendations
$597,673.20
Lease Option Pricing ?
$15,862.25 / Month
Order Summary
Subtotal:

Tax and Shipping calculated at checkout.

Checkout
Continue Shopping
Shopping Cart Sign in to Save this Cart, View Saved Carts or E-mail this Cart Add

ADD ITEM TO CART
Enter CDW# or MFG#
31 |
{
u
(14)
C2G 6in Cat6
Unshielded...
$4.74
My CDW●G Price
Add to Cart
(52)
APC Back-UPS
600VA 7-...
$75.99
My CDW●G Price
Add to Cart
(5)
NETGEAR A6150
- network...
$43.69
My CDW●G Price
Add to Cart
Hardware Software Services IT Solutions Brands Research Hub 373 Items
What can we help you find today?
Notifications Sign In
Packet Page. 411
12/28/23, 4:16 PM CDW | Shopping Cart
https://www.cdwg.com/cart/index 2/5
HPE Aruba X372 - Power
Supply - Hot-Plug /
Redundant - 1050 Watt
MFG Part: JL087A#ABA
CDW Part: 4360871
UNSPSC:

HPE Aruba - SFP+ Transceiver
Module - 10 GigE
MFG Part: J9150D
CDW Part: 4919570
UNSPSC:

HPE Aruba AP-655 (US) -
Campus - wireless access
point - Wi-Fi 6E, 802.11a/
MFG Part: R7J39A
CDW Part: 6829172
UNSPSC: 43222640
HPE Aruba AP-MNT-B Campus
AP Type B Mount Bracket Kit
MFG Part: R3J16A
CDW Part: 5617107
UNSPSC:

In Stock
Orders placed today ship the
next business day by a CDW
partner.
$1,479.00
$968.99
My CDW●G Price
$60,077.38 
Top Recommendations
In Stock
Orders placed today ship the
next business day by a CDW
partner.
$1,322.00
$864.49
My CDW●G Price
$19,883.27 
Top Recommendations
In Stock
Orders placed today ship the
next business day by a CDW
partner.
$2,195.00
$1,393.64
My CDW●G Price
$85,012.04 
Top Recommendations
In Stock
Orders placed today ship the
next business day by a CDW
partner.
$32.00
$24.22
My CDW●G Price
$1,477.42 
Top Recommendations
62 |
{
u
23 |
{
u
61 |
{
u
61 |
{
u
Packet Page. 412
12/28/23, 4:16 PM CDW | Shopping Cart
https://www.cdwg.com/cart/index 3/5
HPE Aruba Central
Foundation - subscription
license (3 years) - 1 switch (4
MFG Part: Q9Y79AAE
CDW Part: 6487813
UNSPSC:

HPE Aruba Central
Foundation - subscription
license (3 years) - 1 access po
MFG Part: Q9Y59AAE
CDW Part: 6483096
UNSPSC:

HPE Aruba 50GBase direct
attach cable - 10 ft
MFG Part: R0M47A
CDW Part: 5852561
UNSPSC: 26121609
APC Smart-UPS 1000VA
Lithium-Ion SmartConnect
Port with Network Card 2U
MFG Part: SMTL1000RM2UCNC
CDW Part: 6706480
UNSPSC:

In Stock $1,485.00
$943.34
My CDW●G Price
$29,243.54 
Top Recommendations
In Stock $355.00
$207.09
My CDW●G Price
$12,632.49 
Top Recommendations
4-6+ Weeks
Expected in-stock date for this
item is between 4-6 weeks.

Item will ship once it is in
stock.
$629.00
$435.24
My CDW●G Price
$2,176.20 
Top Recommendations
In Stock
Orders placed today ship the
next business day by a CDW
partner.
$3,330.00
$2,106.14
My CDW●G Price
$58,971.92 
Top Recommendations
31 |
{
u
61 |
{
u
5 |
{
u
28 |
{
u
Packet Page. 413
12/28/23, 4:16 PM CDW | Shopping Cart
https://www.cdwg.com/cart/index 4/5
Tripp Lite 18U Rack Enclosure
Server Cabinet 33" Deep w/
Doors & Sides
MFG Part: SR18UB
CDW Part: 3036685
UNSPSC:

Tripp Lite Wallmount Open
Frame Rack 16U 2-Post
Hinged Front Heavy Duty
MFG Part: SRWO16US
CDW Part: 6705679
UNSPSC:

In Stock
Expected in-stock date for this
item is between 10-12 days.

Item will ship once it is in
stock.
$1,339.00
$762.84
My CDW●G Price
$6,865.56 
3-5+ Days
Expected in-stock date for this
item is between 3-5 days. Item
will ship once it is in stock.
$576.58
$328.69
My CDW●G Price
$328.69 
Sign in to Save this Cart, View Saved Carts or E-mail this Cart Update All | Remove All Top Rated Products (12)
9 |
{
1 |
{
(1)
StarTech.com
50x50x41mm Sock...
$9.49
My CDW●G Price
Add to Cart
(1)
StarTech.com TX3
Dual Ball Bearing...
$7.59
My CDW●G Price
Add to Cart
(10)
Cyber Acoustics CA3908 - speaker...
$103.54
My CDW●G Price
Add to Cart
(1)
StarTech.com
60x25mm Dual Ball...
$8.54
My CDW●G Price
Add to Cart
(1)
Pelican Micro Case
1010 - case
$20.89
My CDW●G Price
Add to Cart
 
Packet Page. 414
12/28/23, 4:16 PM CDW | Shopping Cart
https://www.cdwg.com/cart/index 5/5
Copyright © 2007 - 2023 CDW. All Rights Reserved. CDW®, CDW•G® and PEOPLE WHO GET IT® are registered trademarks of CDW LLC. All other trademarks and registered trademarks are the sole property of their respective owners.

Site Map Privacy Notice Cookie Notice Terms and Conditions Do Not Sell or Share My Personal Information - Currently Sharing With full-stack expertise, CDW helps you design,
orchestrate and manage technologies that drive
business success.

What We Solve
Research Hub
Products
My Account
Quick Order Status

ABOUT US
Why CDW
About Us
Accessibility Statement
Careers
Diversity and Inclusion
ESG
Investor Relations
International Solutions
Locations
Newsroom & Media
Suppliers

HOW CAN WE HELP
Customer Support / FAQs
eProcurement
e-Waste Recycling
Leasing Services
Product Recalls
Product Finders
CDW Outlet
Contact An Expert: P 800.808.4239 | Email Us CDW CDW-G Canada CDW-UK Packet Page. 415
12/21/23, 3:57 PM Shopping Cart | MegaBuy Computer Store Cheap Computer Shop https://www.megabuy.com.au/shopping-cart.html 1/4
Chat
Packet Page. 416
12/21/23, 3:57 PM Shopping Cart | MegaBuy Computer Store Cheap Computer Shop https://www.megabuy.com.au/shopping-cart.html 2/4
Shopping Cart
Remove Image Product Description Price Qty Total
Availability:
[JL087A] HPE X372 54VDC 1050W Power Supply
HPE X372 54VDC 1050W Power Supply (DD)
***
$1,169.04 62 $72,480.48
Availability:
[J9150D] Aruba Networks 10G SFP+ LC SR 300MM

MMFXCVR
Aruba Networks 10G SFP+ LC SR 300MM MMFXCVR (DD)
***
$1,398.47 23 $32,164.81
Availability:
[R3J16A] HP AP-MNT-B AP Mount Bracket individual B
HP AP-MNT-B AP Mount Bracket individual B (A,DD)
***
$25.51 61 $1,556.11
Availability:
[JL659A] Aruba Networks Aruba 6300M 48SR5 CL6 PoE
4SFP56 Swch
Aruba, a Hewlett Packard Enterprise company CX 6300M, L3, Power over Ethernet (PoE) ()
***
$21,824.03 31 $676,544.93
Online Free Shipping to all Stores Online Free Shipping to all Stores Online Only Out of Stock Packet Page. 417 12/21/23, 3:57 PM Shopping Cart | MegaBuy Computer Store Cheap Computer Shop https://www.megabuy.com.au/shopping-cart.html 3/4
Sub-Total: $993,099.90
Delivery: N/A
Total: N/A
Products marked with *** do not exist in desired quantity in our stock.

Products not in stock will be placed on backorder. If ETA is not available, please contact us for details.

Date Accessed: December 22, 2023, 10:57 am
Pricing subject to change
All Orders are subject to our acceptance. Please see Shipping & Returns Policy for details.

Availability:
[R0M47A] HPE ARUBA 50G SFP 56 to SFP 56 3M DAC
CABLE
()
***
$730.54 5 $3,652.70
Availability:
[Q9Y79AAE] HPE Aruba Central Switch 63xx/38xx
Foundation Subscription 3yr E-STU
()
***
$1,757.61 31 $54,485.91
Availability:
[HR4R2E] HPE ARUBA 3Y FC 4H OS HW 6300M 48 SR
POESVC
(DD)
$4,910.16 31 $152,214.96
Out of Stock Out of Stock Online Only Packet Page. 418
12/21/23, 3:57 PM Shopping Cart | MegaBuy Computer Store Cheap Computer Shop https://www.megabuy.com.au/shopping-cart.html 4/4
All prices include GST. Use of this website is subject to Conditions of Use. Copyright © 2023 MegaBuy Computer Store Online Computer Store ABN: 74 122 995 859 Packet Page. 419
Packet Page. 420
Packet Page. 421
Packet Page. 422
Packet Page. 423
Packet Page. 424
Packet Page. 425
Packet Page. 426
Packet Page. 427
Packet Page. 428
Packet Page. 429
Packet Page. 430
Packet Page. 431
Packet Page. 432
Packet Page. 433
Packet Page. 434
Packet Page. 435
Packet Page. 436
Packet Page. 437
Packet Page. 438
Packet Page. 439
Packet Page. 440
Packet Page. 441
Packet Page. 442
Packet Page. 443
Packet Page. 444
Packet Page. 445
Packet Page. 446
Packet Page. 447
Packet Page. 448
Packet Page. 449
Packet Page. 450
Packet Page. 451
Packet Page. 452
Packet Page. 453
Packet Page. 454
Packet Page. 455
Packet Page. 456
Packet Page. 457
Packet Page. 458
Packet Page. 459
Packet Page. 460
Packet Page. 461
Packet Page. 462
Packet Page. 463
Packet Page. 464
Packet Page. 465
Packet Page. 466
Packet Page. 467
Packet Page. 468
Packet Page. 469
Packet Page. 470
Packet Page. 471
Packet Page. 472
Packet Page. 473
Packet Page. 474
Packet Page. 475
Packet Page. 476
Packet Page. 477
Packet Page. 478
Packet Page. 479
Packet Page. 480
Packet Page. 481
Packet Page. 482
Packet Page. 483
Packet Page. 484
Packet Page. 485
Packet Page. 486
Packet Page. 487
Packet Page. 488
Packet Page. 489
Packet Page. 490
Packet Page. 491
Packet Page. 492
Packet Page. 493
Packet Page. 494
Packet Page. 495

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Rolland Kornblau, Director of Information Technology;
Department: Information Technology
Subject: CALNET Contract for Verizon and ATT (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the CALNET contract with ATT and Verizon authorizing:

1. The City Manager or designee to execute the ATT CALNET contracts. The ATT CALNET contract is estimated to be $1,000.00 per year.

2. The City Manager or designee to execute the Verizon CALNET contracts. The Verizon CALNET contract is estimated to be $16,178.40 per year.

Executive Summary
CALNET is a competitively bid contract negotiated by the State of California Department of Technology (CDT). City Hall and the police department use CALNET contracts for Verizon and ATT to purchase wireless data and cellular services. ATT and Verizon utilize the CALNET contract pricing for services provided to the City. The contract is being renewed and both providers are requesting signatures on the updated contracts provided to the City.

Background
CALNET Contracts provide easy access to telecommunications and network services by enabling customers to order services using a simple form. This eliminates the often costly and lengthy procurement process while sparing the customer agency the burden of managing a contract. The customer can trust that the services have been developed with the best practices in requirements, service level agreements, procurement terms Packet Page. 496
and conditions, and competitive pricing. Higher standards of service performance than those offered in the industry are often achieved.

City Hall and the police department have used CALNET contracts for Verizon and ATT to purchase wireless data and cellular services. The City of San Bernardino has 4 Basic Business Access Lines (POTS). On the new contract, these will stay at under $12 each (plus taxes and surcharges). If the City does not transition these before CALNET 3 expires, they will be charged at tariff/guidebook rates. Most recent prices were nearing $1000 each.

Discussion
The CALNET contract is being updated and to keep the current pricing structure, the City must renew the contract. The City, including public safety, has been using the CALNET contract for competitive pricing for many years. The most recent renewal took place in 2001. This contract can be canceled at any time but allows the city to procure services from ATT and Verizon with favorable pricing. 2021-2025 Strategic Targets and Goals
The CALNET contract aligns with Key Target No. 1: Improved Operational & Financial Capacity.

Fiscal Impact
The Verizon CALNET contract is estimated to be $16,178.40 per year. There is sufficient funding in the Fiscal Year 2023/24 Budget to cover this cost.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the CALNET contract with ATT and Verizon authorizing:

1. The City Manager or designee to execute the ATT CALNET contracts. The ATT CALNET contract is estimated to be $1,000.00 per year.

2. The City Manager or designee to execute the Verizon CALNET contracts. The Verizon CALNET contract is estimated to be $16,178.40 per year.

Attachments

1. Attachment 1 – ATT CALNET NESPA

2. Attachment 2 – ATT CALNET Legacy

3. Attachment 3 – ATT CALNET DNCS

4. Attachment 4 – Verizon CALNET NESPA

5. Attachment 5 – Verizon CALNET DNCS
Packet Page. 497
Ward:

All Wards
Synopsis of Previous Council Actions:

On June 6, 2021, the Mayor and City Council adopted Resolution No. 7383, approving an agreement with CALNET
On November 17, 2021, the Mayor and City Council adopted Resolution No. 8614, approving an agreement with CALNET
Packet Page. 498
Revised 10/14/22

DEPARTMENT OF TECHNOLOGY

NON-STATE ENTITY SERVICE POLICY AND AGREEMENT (NESPA)
The California Network and Telecommunications Program (CALNET) service offerings are primarily intended to meet State entity requirements. However, CALNET services may be purchased by qualified non-State entities. To use the CALNET Next Generation of contracts, non-State entities are required to self-certify that their organization qualifies for one of the CALNET eligibility criteria below.

Authorized Entity Criteria
☐ Local government entities are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology or services” per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). While the State makes this contract available to local governmental entities, each local governmental entity should determine whether this contract is consistent with its procurement policies and regulations.
☐ 100% tax supported governmental entity
☐ A governmental entity with a Joint Powers Agreement (JPA) ☐ Federally recognized Indian Tribe

NON-STATE ENTITY INFORMATION

REQUESTING NON-STATE ENTITY ORGANIZATION NAME

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNING ON BEHALF OF NON-STATE ENTITY

STREET ADDRESS

CITY, STATE, ZIP CODE

CONTACT PHONE NUMBER

EMAIL ADDRESS
I certify under penalty of perjury the requesting entity meets the NESPA “Authorized Entity Criteria” selected above.
__________________________________________________________________________

NON-STATE ENTITY SIGNATURE DATE

CDT/CALNET PROGRAM
CUSTOMER CODE:

Please select one of the following:

Packet Page. 499

CALNET

AUTHORIZATION TO ORDER (ATO)
AT&T Corp and the California Department of Technology (CDT) have entered into a multi-year statewide contract for CALNET Legacy Telecommunications Voice and Data Services, C4A1LEG18, Categories 15, 16, 17, and 18. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category 15, Dedicated Transport: • Contract award: 01/03/2019 • Contract end: 06/30/2026
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category 15.2.2, Carrier DSO Service: • Contract award: 01/03/2019 • Contract end: 06/30/2024
Category 16, Long Distance Calling:
• Contract award: 01/03/2019
• Contract end: 06/30/2024
• Number of optional extensions and extension duration(s): 5 extensions, 1 year per extension
Category 17, Toll Free Voice Calling: • Contract award: 01/03/2019 • Contract end: 06/30/2024
• Number of optional extensions and extension duration(s): 5 extensions, 1 year per extension
Category 18, Legacy Telecommunications: • Contract award: 01/03/2019 • Contract end: 06/30/2026
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category 18.3.1.1, Analog Service: • Contract award: 01/03/2019 • Contract end: 06/30/2024
Packet Page. 500

Pursuant to the Contract C4-LEG-12-10-TS-01, which is incorporated herein by reference, any eligible on-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

To establish CALNET eligibility, the Non-State Entity will be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting the Authorization to Order (ATO).

Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver the ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute the ATO.

By executing the ATO, the
[Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of the ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website.

The ATO, and any resulting order for Service(s), is a contract between the NonState Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless: • The CDT, at its discretion, revokes the approved ATO; or • The Non-State Entity terminates the ATO, for specific Services(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

City of San Bernardino
Packet Page. 501

• All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes.
• The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
• The Non-State Entity understands that, the Contractor shall bill the NonState Entity, and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:
[Enter Non-State Entity
name] intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence [MM/DD/YYYY]
(“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non-State Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the Non-State Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent Contact Number
Title of Authorized Agent Email
909-384-7272 The City of San Bernardino
Packet Page. 502

Address
City, State, Zip Code
Contractor
AT&T Corp
Authorized Agent: Keith Nagel
Attention: Program Management Office
Address 2700 Watt Avenue Contact Number: 916-384-6175 Room 1213 Sacramento, CA 95821 Email: [email protected]
IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET "DATE EXECUTED" shown below.

Non-State Entity
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
290 N "D" Street San Bernardino, CA 92401
Packet Page. 503
Approved By: State of California Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature Date Executed
Packet Page. 504
CALNET

AUTHORIZATION TO ORDER (ATO)
AT&T Corp. and the California Department of Technology (CDT) have entered into a five-year statewide contract for CALNET IFB C4DNCS19, Data Networks and Communications Services, Categories 20, 21, 22, 23, 24, 25, 27, 28, 29 and

30. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category: 20, MPLS Data Network Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 21, Standalone VoIP Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 22, Cloud Hosted VoIP Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 23, Metropolitan Area Network (MAN)
Ethernet Services and Features
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 24, Flat Rate Internet Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Packet Page. 505
Category: 25, Sustained Bandwidth Internet
Services and Features
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 27, Standard Contact Center Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 28, Custom Contact Center Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 29, Converged VoIP Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 30, Broadband with Internet Services
• Contract award: 04/15/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Pursuant to the Contract C4-DNCS-19-001-40, which is incorporated herein by reference, any eligible non-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

To establish CALNET eligibility, the Non-State Entity shall be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting this Authorization to Order (ATO).

Packet Page. 506
Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver this ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute this ATO.

By executing this ATO, the
[Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of this ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless:
• The CDT, at its discretion, revokes the approved ATO; or • The Non-State Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

The Non-State Entity, upon execution of the ATO, certifies that:
• The Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of the service the Non-State Entity receives from the Contractor. • The Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract.
• The Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. • All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes.

Packet Page. 507
• The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
• The Non-State Entity understands that, the Contractor shall bill the NonState Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:
(Enter Non-State Entity
name) intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence MM/DD/YYYY
(“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the NonState Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the NonState Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent
Title of Authorized Agent
Address
City, State, Zip Code
Contact Number
Email
Packet Page. 508
Contact Number:

Email:

IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below.

Non-State Entity
Authorized Agent Name
Date Signed
Title of Authorized Agent
Signature
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Approved By: State of California, Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature Date Executed
_________________________________________
_________________________________________
_________________________________________
Contractor
AT&T Corporation
Authorized Agent : Keith Nagel
Attention: Program Management Office
Address: 2700 Watt Avenue
Room 1213
Sacramento, CA 95821
916-384-6175
[email protected]
CALNET Program Analyst
Packet Page. 509
Revised 10/14/22

DEPARTMENT OF TECHNOLOGY

NON-STATE ENTITY INFORMATION

REQUESTING NON-STATE ENTITY ORGANIZATION NAME

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNING ON BEHALF OF NON-STATE ENTITY

STREET ADDRESS

CITY, STATE, ZIP CODE

CONTACT PHONE NUMBER

NON-STATE ENTITY SIGNATURE DATE

CDT/CALNET PROGRAM
CUSTOMER CODE:

Please select one of the following:

The City of San Bernardion 290 N "D" Street San Bernardino, CA 92401 909-384-7272 ✔ Packet Page. 510
CALNET

AUTHORIZATION TO ORDER (ATO)
MCI Communications Services, LLC. dba Verizon Business Services and the California Department of Technology (CDT) have entered into a five-year statewide contract for CALNET IFB C4DNCS19, Data Networks and Communications Services, Categories 20, 21, 23, 24, 25, 27, 28, 29 and 30. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract.

Category: 20, MPLS Data Network Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 21, Standalone VoIP
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 23, Metropolitan Area Network (MAN)
Ethernet Services and Features
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 24, Flat Rate Internet Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Packet Page. 511
Category: 25, Sustained Bandwidth Internet
Services and Features
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 27, Standard Contact Center Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 28, Custom Contact Center Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 29, Converged VoIP Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Category: 30, Broadband with Internet Services
• Contract award: 04/27/2020
• Contract end: 06/30/2025
• Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension
Pursuant to the Contract C4-DNCS-19-001-28, which is incorporated herein by reference, any eligible non-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract.

Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver this ATO to the CALNET Program for review and Packet Page. 512
approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute this ATO.

The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless:
• The CDT, at its discretion, revokes the approved ATO; or • The Non-State Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation.

The City of San Bernardino
Packet Page. 513
• The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract.
• The Non-State Entity understands that, the Contractor shall bill the NonState Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s).

E-Rate Customers Only – Complete if applying
for E-Rate funding:
(Enter Non-State Entity name)
intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence MM/DD/YYYY
(“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the NonState Agency for the Service(s) ordered under the ATO.

Contact Information
Any notice or demand given under this Contract to the Contractor or the NonState Entity shall be in writing and addressed to the following:

Non-State Entity
Non-State Entity Name
Authorized Agent
Title of Authorized Agent
Address
City, State, Zip Code
Contact Number
Email
The City of San Bernardino 290 N "D" Street 909-384-7272 San Bernardino, CA 92401 Packet Page. 514
Contractor
Verizon Business Services
Authorized Agent
Attention: Devin Bautista
Address: 295 Parkshore Drive
Folsom, CA 95630
Contact Number: 833-4-CALNET,
Option 4 or 916-779-5686
Email: [email protected]
IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below.

Non-State Entity
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Contractor
Authorized Agent Name
Title of Authorized Agent
Signature Date Signed
Approved By: State of California, Department of
Technology
Authorized Agent Name
Title of Authorized Agent
Signature Date Executed
_________________________________________
_________________________________________
_________________________________________
Packet Page. 515

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Rolland Kornblau, Director of Technology
Department: Information Technology
Subject: Request for Purchase Authorization for VOIP phone system for Animal Services (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Vendor Service Agreement with Intelesys for purchasing VOIP (voice over internet protocol) services using the TIPS agreement, as approved for funding through the FY 2023/24 Operating Budget.

2. Authorize the Director of Finance to issue purchase orders in the amount not to exceed $25,000 for the first year. The billing will be $4,217.17 to GoTo for phone hardware, $17,130.84 to GoTo for the first year of phone service, and $3,000 to Intelesys for installation.

Executive Summary
A purchase order not to exceed $25,000 is requested for the purchase of VOIP service, hardware, and installation. The equipment is necessary to improve the Animal Services phone system in preparation for expanding services to other municipalities.

Background
The Information Technology Department is responsible for the maintenance, repair, and function of City-owned network hardware. The current phone system is housed in the vacant 300 N D Street building basement. Plans are underway to start construction on the building for occupancy. The existing phone system cannot be relocated within Packet Page. 516
a reasonable time and budgetary appropriation. Animal Services is preparing to expand its services and needs a more robust system. The new phone system will allow answering city calls from the desk, laptop, phone, or mobile device.

Discussion
Information Technology is proposing to replace the VOIP phone system in Animal Services. Animal Services needs to upgrade their phone system for versatility and resilience. The TIPS contract is being utilized to secure a vendor. GoTo was selected as the service provider with Intelesys as their approved installer. 2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed.

Fiscal Impact
The General Fund impact is $25,000 and is appropriated in the FY2023/24 budget. The purchase order amount of $25,000 will allow for the purchase of VOIP equipment and service in Animal Services with a yearly renewal of $18,000. There is sufficient funding in the FY 2023/24 Operating Budget for this item.

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

Attachments
Attachment 1 - GoTo Quote
Attachment 2 – Intelesys – Vendor Services Agreement 1-15-2024 Attachment 3 – TIPS Contract w GoTo
Packet Page. 517
Ward:

All Wards
Synopsis of Previous Council Actions:
n/a
Packet Page. 518
CONTACT INFORMATION.

Customer: California City of San Bernardino
Address: 290 N D St, San Bernardino, CA United States,
92401
Main Contact: Rolland Kornblau
Email: [email protected]
Phone: 909-384-5947
VAT/TVA/ABN Number:
\
GoTo Representative:

Name: Rob Johnson
Email: [email protected]
Phone: (626) 513-0105
Fax:

QUOTE OR OID #: Q-801899
UID #:

Opp ID #: 2304106953964
Quote Date: 12-29-2023
Quote Expiration Date: 01-27-2024
TERM & BILLING INFORMATION.

Payment Method: Invoice
Term & Billing Frequency: Annual Annual
Payment Terms: Net 15
AGREEMENT.

This Order Form is governed by the terms of the Terms of Service found at https://www.goto.com/company/legal/termsand-conditions unless: Customer has a written agreement mutually agreed upon by GoTo for such Services, in which case such written agreement will govern; or (ii) to the extent otherwise set forth in the Supplemental Terms below. The foregoing shall exclude any terms and conditions referenced on a Customer purchase order and will incorporate the Contracting Entities Table and the Service Descriptions.

Supplemental Terms: Notwithstanding anything to the contrary in the Agreement, the following supplemental Terms apply:
•
• The terms and conditions of The Interlocal Purchasing System (TIPS) CONTRACT: 221003 ELECTRONICS AND APPLIANCES, GOODS AND SERVICES January 6, 2023 to January 31, 2026 apply to your purchases in this Order and supersede our standard terms referenced above. EDGAR COMPLIANCE: Yes GoTo Technologies USA, Inc.
333 Summer Street
Boston, MA 02210

ORDER FORM
Packet Page. 519
•
Purchase Order Process:

If the order is in excess of 50K USD, or this order's currency equivalent, GoTo requires a PO with the executed order in the name of the contracting entity noted above. Please complete:

Require a PO? \PO_Required_1\
Requires a PO, see below:

Customer PO#: \PO_Number_1\ PO Expiration Date (if applicable): \PO_Expiration_1\ SIGNATURES. By signing below, the signatory represents it is legally authorized to enter into the Agreement and agrees to be bound to all terms contained in the Agreement.

CUSTOMER: California City of San Bernardino
Signature:
\s1\
Name: \n1\
Title: \t1\
Customer Authorized Signatory
Date: \d1\
If Billing Contact is different than above, please provide:

Billing Address: \Billing_Address_1\
Billing/Invoicing Contact: \Billing_Contact_1\
Telephone: \Billing_Phone_1\
Email: \Billing_Email_1\
Customer_VTA_1\
The dates shown are based on the date the quote was created by the rep and these dates will adjust based on the date the contract is signed
Service Start Date 12-29-2023 Billing Start Date 03-29-2024 Number of Free Months 3First Invoice Date 04-01-2024
Contract End Date 03-31-2027
SERVICES & FEE SUMMARY. Estimated taxes and fees are included where indicated below.

TODAY'S TOTAL:

Name Quantity MSRP Discount Jive Price Total
Professional Services - Per
Seat GTC Setup Assistance
(Under 50 Licenses)
15 USD 50.00 USD 0.00 USD 50.00 USD 750.00
Poly Trio 8300 open SIP
conference phone with built-in
Wi-Fi and Bluetooth
1 USD 499.00 USD 163.36 USD 335.64 USD 335.64
Poly VVX 450 (w/ Power
Supply) 14 USD 289.00 USD 122.91 USD 166.09 USD 2,325.26 Packet Page. 520
Poly VVX 250 (w/ Power
Supply) 5 USD 189.00 USD 114.00 USD 75.00 USD 375.00
Poly Rove 20 +B1 Single Cell
DECT Base Station Kit 1 USD 279.95 USD 105.51 USD 174.44 USD 174.44 Taxes and Fees:

USD 256.83
TOTAL AMOUNT: USD 4,217.17
MONTHLY TOTALS:

Name
Contract
Terms
(Months)
Quantity MSRP Discount Jive Price Total Price
GoToConnect Standard 39 15 USD 29.00 USD 16.05 USD 12.95 USD 194.25 Interconnected VoIP, Low Usage -
Monthly Charge 39 5 USD 12.95 USD 3.00 USD 9.95 USD 49.75 GoTo Contact Complete [Add-on] 39 8 USD 55.00 USD 14.00 USD 41.00 USD 328.00 Voice - Standard DID - Monthly
Charge 39 2500 USD 5.00 USD 4.75 USD 0.25 USD 625.00
Conference Device User- Monthly
Service 39 1 USD 29.95 USD 17.00 USD 12.95 USD 12.95
Taxes and Fees: USD 217.62
TOTAL AMOUNT: USD 1,427.57
Packet Page. 521

PURCHASE ORDER CONFIRMATION FORM
Please select an option below (selecting only one):
1) My company has already raised a purchase order document and is providing it along with this signed order form
2) My company does not issue purchase orders
3) In Lieu of my company's standard purchase order and
• Have obtained all necessary approvals to release funds for this purchase and • Confirm the relevant invoice(s) can be paid without a reference to a purchase order number
4) My company has a standard purchase order and is unable to provide it right now. As a result, • Will send the approved purchase order to GoTo within 4 business days of signature date below.

CUSTOMER LEGAL NAME:

California City of San Bernardino
Invoice To/Bill To ADDRESS
290 N D St, San Bernardino, CA United States, 92401
Billing Contact: Rolland Kornblau
Billing Phone: 909-384-5947
Billing Email: [email protected]
Please ensure the Invoice To/Bill To Address in addition to the Billing Contact information above is accurate. If not, please ensure to reach out to your GoTo Sales contact and provide correct billing information.

You agree to pay the contracted Total Price as per GoTo Quote or OID Reference Number: Q-801899 This form is issued under the terms and conditions of the following agreement between the parties:

EXCEPT AS EXPRESSLY SET FORTH HEREIN, BY SIGNING AND RETURNING THIS ORDER TO GOTO, YOU CONFIRM THIS IS AN

ORDER FOR THE GOTO SERVICE(S) LISTED HEREIN AND AGREE TO THE TERMS OF SERVICE https://www.goto.com/company/legal/terms-and-conditions WHICH APPLY TO YOUR CONTINUED USE OF ALL SERVICES AND SHALL PREVAIL OVER ANY TERMS OTHERWISE REFERENCED IN A PURCHASE ORDER.

Packet Page. 522
1 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND INTELESYS
This Agreement is made and entered into as of February 18, 2024 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 Intelesys a California Corporation with its principal place of business at 3155-B East Sedona Court, Ontario, CA 91764 (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 vendor services for the following project:

VOIP (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. Vendor Practices. All vendor 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.
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 Packet Page. 523
2 Consultant under this Agreement exceed the sum of $24,348.01 ($4,217.17 billed by Utility provider GoTo for phone hardware, $17,130.84 billed by GoTo for first year’s phone service, and $3,000.00 billed by Intelesys for installation) This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through February 18, 2025 unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Packet Page. 524
3 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 practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work

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

Packet Page. 525
4 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 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 Packet Page. 526
5 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. (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.

Packet Page. 527
6 (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 work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Packet Page. 528
7 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.
i. 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. j. 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 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 Packet Page. 529
8 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. k. 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.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is Packet Page. 530
9 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. m. 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. 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 Packet Page. 531
10 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.

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 Packet Page. 532
11 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 services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

27. Organization. Consultant shall assign Aaron Betts as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

Packet Page. 533
12 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: Rolland Kornblau
With Copy To:

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

Intelesys
3155 Sedona Court Bldg B
Ontario, CA 91764
Attn: Rick Balzer

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

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

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

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and 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 Packet Page. 534
13 of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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

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

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

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

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

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.

Packet Page. 535
14 43. Electronic Signatures. 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]
Packet Page. 536
15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles Montoya
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

Signature
Richard Balzer
Name
President
Title
Packet Page. 537
16 EXHIBIT A
Installation –City of San Bernardino Animal Services
(15) Standard Users with phone
(5) Low usage phones
(8) GoTo Contact
(1) Conference device
(50) DID Numbers
Intelesys will be responsible for executing the following activities. Activities not expressly included in this SOW are outside the scope of this SOW.

Project Management
In support of the services to deploy the GoTo phone system, Intelesys shall assign a designated project manager, to interface directly with the customer project manager. The Intelesys project manager’s responsibilities are as follows:

1. Serve as the primary interface to the customer organization.

2. Coordinate the site installation priorities and the installation schedules with the customer project manager. The customer and Intelesys will mutually agree to a project timeline.

3. Function as the escalation focal point for issues that may arise under this SOW.

4. Participate in, and sometimes lead status meetings regarding the project.

5. Provide, at the customer’s written or oral request, status updates as to the progress of the services under this SOW. These updates will be provided via email or through telephone conversations.

6. Implement mutually agreed upon processes for the internal management of schedules inherent to the services provided under this SOW (such as scheduling of installation dates and go-live).

7. Develop and maintain an action items and issues list.

Call Flow Design Implementation
During this phase of the project, Intelesys shall review with the customer the provided call flows specific to the GoTo implementation. The duties include:

1. Review of call flow for GoTo phone system with recommendation for best practices in implementation.

2. Question and answer follow-up discovery to fully understand customer requirements.

3. Translation of call flows to IPBX specific configuration.

Packet Page. 538
17 Additional tasks discovered through the discovery phase of the GoTo` project lifecycle and not mentioned in this SOW shall be considered out of scope and shall be handled by formal change control process as described in the change control process of this SOW.

Installation, Configuration, and Integration

1. Configure Ring Central phone system via online portal.

2. DHCP definitions for Ring Central compatible phones

3. Configure phone system to route calls as defined in call flows.

4. Install and configure desktop application on PCs that meets or exceeds Ring Central’s s.

5. Configure auto attendants and voicemail per design.

6. Notify customer of each “customer not ready” occurrence. Causes may include but not limited to the following:
a. Lack of physical access to the site
b. Customer local site contact not available to assist with the installation c. Customer provided inside wiring is not operational
d. Lack of adequate power and environmental conditions as specified by equipment manufacturer
Intelesys will perform the following test and turn-up activities applicable to the site(s) after the equipment installation:

1. Confirm that equipment configuration is properly installed and operational.

2. Confirm that desktop client is properly installed and operational on designated agent PCs.

3. Confirm that call flows are configured properly in Ring Central admin portal and inbound IPBX calls route appropriately.

4. Confirm that inbound calls route properly and proper messages are played when calls route to entities such as auto attendants and voicemail.

5. Obtain signoff from the customer project manager on the implementation acceptance form located in this SOW after successful installation and turn-up of the site(s).

Training
Intelesys will provide the following two types of training classes. They are as follows:

1. End-user training
a. These classes are completed at customer’s site and cover basic Packet Page. 539
18 system operation. Class times range about an hour

2. Web based admin training
a. These classes are completed over the web and cover basic system administration. Class times range from three to four hours.

Packet Page. 540
TIPS Vendor Agreement 021522_sr Page 1

TIPS VENDOR AGREEMENT
Between_____________ and
(Company Name)

THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for TIPS RFP 221003 Electronics, Appliances and Associated Goods and Services General Information
The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment.

A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums.

Terms and Conditions
Freight
All quotes to Membersshall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating “No Charge”, “$0”, “included in price” or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. Shipping method is determined by the vendor and the Member/Customer at the time of the quote/purchase by the Member/Customer and satisfactory shipping methods and costs are agreed upon at that time.

Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal (“RFP”) category. All goods proposed and sold shall be new unless clearly stated in writing.

Customer Support
GoTo Communications
Packet Page. 541
TIPS Vendor Agreement 021522_sr Page 2
The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member.

Agreements
Agreements for purchase will normally be put into effect by means of a contract, agreement, or purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member’s discretion. Vendor accepts and understands that when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recording the purchase and verifying whether the purchase is within the parameters of the TIPS Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifying fraud, mistakes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purchase document issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when processed through TIPS, is representing that the vendor has carefully reviewed the purchase order or similar purchase document for legality, authenticity, and accuracy.

Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply.

Assignments of Agreements
No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company, where permitted by TIPS.

Disclosures
• Vendor and TIPS affirm that they, or any authorized employees or agents, have not given, offered to give, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement. • Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with the TIPS program. • The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement.

Term of Agreement and Renewals
The Agreement with TIPS is for approximately three years with an option for renewal for an additional one consecutive year. If TIPS offers the renewal extension year, the Vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term in writing. TIPS may or may not exercise some or all of the available extension(s) provided in the original solicitation beyond the base three-year term. Whether or not to offer some Packet Page. 542
TIPS Vendor Agreement 021522_sr Page 3
or all of the extension is at the sole discretion of TIPS. “Start Date” for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement “term” calculation purposes only, the Agreement “Start Date” is the last day of the month that “Award Notifications” are anticipated as published in the Solicitation.

Example: In this example, if the anticipated “Award Date” published in the Solicitation is May 22, 2022, but extended negotiations delay award until June 27, 2022, the end date of the resulting initial “three-year” term, (which is subject to an extension(s)) will still be May 31, 2025 for purposes of this example. “Termination Date”: The scheduled Agreement “termination date” shall be the last day of the month of the month of the original solicitation’s anticipated “Award Date” plus three years.

Example: In this example, if the original term is approximately three years, and the solicitation provides an anticipated award date of May 22, 2022, the expiration date of the original three-year term shall be May 31, 2025 for purposes of this example.

Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires unless otherwise specified.

Example Following the Previous Example: In this example, if TIPS offers a one-year extension, the expiration of the extended term shall be May 31, 2026 unless otherwise specified.

TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits.

Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement.

No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Membershall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreementrenewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable.

Shipments
The Vendorshallship, deliver or provide ordered products orservices within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

Invoices
Each invoice or pay request shall include the Vendor’s TIPS Contract number, the TIPS Member’s purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the Packet Page. 543
TIPS Vendor Agreement 021522_sr Page 4
shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request.

Payments
The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties.

Pricing
Price increases will be honored according to the terms of the solicitation and vendor proposal. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation,to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer.

Participation Fees and Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller, or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently.

Reporting of Sales to TIPS by Vendor
Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS.

Failure to properly report or render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor’s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the Packet Page. 544
TIPS Vendor Agreement 021522_sr Page 5
six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at tips@tips‐usa.com or call (866) 839‐8477 if you have questions about paying fees.

Indemnity
The Vendor agreesto indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’sfees, arising out of, or resulting from, Vendor’s performance under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation.

State of Texas Franchise Tax
By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order.

Termination for Convenience of TIPS Agreement Only
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686.

The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement.

This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs.

TIPS Member Purchasing Procedures
Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and Packet Page. 545
TIPS Vendor Agreement 021522_sr Page 6
should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at tipspo@tips‐usa.com.
• Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

Licenses
Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reservesthe right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30‐day cure period unless prohibited by applicable statue or regulation.

Novation
If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five (5) business days of the transfer of assets or rights.

Site Requirements(only when applicable to service or job) Cleanup: When performing work on site at a TIPS Member’s property, awarded Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.

Preparation: Awarded Vendorshall not begin a projectfor which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre‐installation requirements.

Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Awarded Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the TIPS Member’s discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.

Safety Measures
Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor Packet Page. 546
TIPS Vendor Agreement 021522_sr Page 7
shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

Smoking
Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes or policies.

Marketing
Awarded Vendor agrees to allow TIPS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor’s names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to TIPS@TIPS‐USA.COM.

Supplemental Agreements
The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement.

Survival Clause
All applicable sales, leases, Supplemental Agreements, contracts,software license agreements, warranties or service agreementsthat were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreementshall survive the expiration or termination of this Agreement. All Orders, Purchase Ordersissued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement.

Legal obligations
It is the responding Vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the applicable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein.

Audit rights
Packet Page. 547
TIPS Vendor Agreement 021522_sr Page 8
Due to transparency statutes and public accountability requirements of TIPS and TIPS Members’, the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made.

This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor’s pricing or TIPS transaction documentation with TIPS Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third‐ party auditing firm to investigate any possible non‐ compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the time,format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.

Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Choice of Law
The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.

Venue, Jurisdiction and Service of Process
Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas.

Packet Page. 548
TIPS Vendor Agreement 021522_sr Page 9
Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document,may make a request of the awarded Vendor under this Agreement when the TIPS Member desires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member’s request as soon as possible, but must make contact with the TIPS Member within two working days.

Status of TIPS Members as Related to Vendors Contract Information TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS.

Vendor’s Resellers as Related to This Agreement
Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller as the law allows.

Support Requirements
If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserve the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law.

Incorporation of Solicitation
The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same, and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.

SECTION HEADERS OR TITLES

THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT.

STATUTORY REQUIREMENTS
Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270.

By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.

You certify that your company is not listed on and does not and will not do business with companiesthat are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign‐terrorist.pdf Packet Page. 549
TIPS Vendor Agreement 021522_sr Page 10
You certify thatif the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non‐compliance decision and the TIPS Agreement number and description at:

Attention: General Counsel
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg, TX,75686
And by an email sent to bids@tips‐usa.com
Insurance Requirements
The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders:

General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non‐owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement.

Umbrella Liability $1,000,000
When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor'sinsurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A‐; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention fundsto coversaid deductiblesis provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non‐renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing.

Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member.

Special Terms and Conditions
• Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips‐ usa.com. Should a TIPS Membersend an order directly to the Vendor, it isthe Vendor’sresponsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS.
• Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program.

Packet Page. 550
TIPS Vendor Agreement 021522_sr Page 11
• Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award. • Back Ordered Products: If product is not expected to ship within the time provided to the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request.

The TIPS Vendor Agreement Signature Page is inserted here.

Packet Page. 551
State Zip
Fax
Company Name
Address
City
Phone
Email of Authorized Representative
Name of Authorized Representative
Title
Signature of Authorized Representative
Date
TIPS Authorized Representative Name
Title
TIPS Authorized Representative Signature
Approved by ESC Region 8
Date
TIPS Vendor Agreement Signature Form
RFP 221003 Electronics, Appliances and Associated Goods and Services David Fitts
Executive Director
1/26/2023
GoTo Communications 02210 1-781-998-7792 [email protected] Steve Boss AVP of North American Sales 333 Summer Street Boston MA 1-800-993-1790 11/16/22 Packet Page. 552
221003
GoTo Communications, Inc.

Supplier Response
Event Information
Number: 221003
Title: Electronics, Appliances and Associated Goods and Services Type: Request for Proposal
Issue Date: 10/6/2022
Deadline: 11/17/2022 03:00 PM (CT)
Notes: IF YOU CURRENTLY HOLD TIPS CONTRACT
191003 ELECTRONICS AND APPLIANCES, GOODS AND
SERVICES ("191003"), YOU MUST RESPOND TO THIS

SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS

YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT

COVERS ALL OF YOUR ELECTRONIC/APPLIANCE
OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE
YOUR EXPIRING TIPS CONTRACT 191003.

IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN
191003 WHICH COVERS ALL OF YOUR

ELECTONIC/APPLIANCE OFFERINGS AND YOU ARE

SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS

CONTRACT UNLESS YOU PREFER TO HOLD BOTH
CONTRACTS.

Page 1 of 32 ends

Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: [email protected]

Page 2 of 32 ends

GoTo Communications, Inc. Information
Contact: Kurt Snodgrass
Address: 2570 West 600 North
Lindon, UT 84042
Phone: (781) 850-1433
Fax: (781) 850-1433
Toll Free: (866) 768-5429
Email: [email protected]
Web Address: www.jive.com
By submitting your response, you certify that you are authorized to represent and bind your company.

Kurt A. Snodgrass [email protected]
Signature Email
Submitted at 11/16/2022 02:29:01 PM (CT)
Requested Attachments
Agreement Signature Form 221003 Agreement Signature Form.pdf If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed and signed AGREEMENT SIGNATURE FORM, and upload here.

If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required document.

All Other Certificates No response
All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification scan into one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.

Pricing Form 2 221003 Pricing Form 2 (GoTo).xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet.

DO NOT UPLOAD encrypted or password protected files.

Reference Form 221003 Reference_Form.xls
The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.

Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE

INSTRUCTIONS
No response

ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf.

Proposed Goods and Services Proposed Goods and Services.pdf Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this proposal. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a sheet with your link to your online catalog of goods and services.

Page 3 of 32 ends

D/M/WBE Certification OPTIONAL No response
D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.

Warranty Warranty.pdf
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.

Vendor Agreement 221003 Vendor Agreement.pdf
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement.

DO NOT UPLOAD encrypted or password protected files.

Pricing Form 1 221003 Pricing Form 1 (GoTo).xlsx
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet.

DO NOT UPLOAD encrypted or password protected files.

Supplementary Supplementary.pdf
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.

Logo and Other Company Marks No response
If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the Supplementary section or another non-required section under the “Response Attachment” tab. Preferred Logo Format: 300 x 225 px - .png, .eps, .jpeg preferred
Certification of Corporate Offerer Form- COMPLETE

ONLY IF OFFERER IS A CORPORATION
CERTIFICATION OF CORPORATE OFFERER FORM.pdf

COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Disclosure of Lobbying Activities Standard Form LLL No response ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard Form-LLL, “disclosure Form to Report Lobbying,” in the Response attachments section.

Confidentiality Claim Form 221003 CONFIDENTIALITY CLAIM FORM.pdf REQUIRED CONFIDENTIALITY FORM. PLEASE READ CAREFULLY AND FOLLOW THE INSTRUCTIONS. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.

Current W-9 Tax Form W-9 GoTo Communications, Inc._DocuSigned (Payment Remittance Info).pdf You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity.

Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Federal HUBZone (Required by some participating governmental entities). Vendor certifies that their firm is a D/M/WBE or HUBZone? Vendor must upload proof of certification to the ”Response Attachments” D/M/WBE CERTIFICATES section.

Page 4 of 32 ends

2 Yes - No
Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/.

Proof may be submitted. Vendor must upload proof of certification to the “Response Attachments” HUB CERTIFICATES section.

No
3 Yes - No
The Vendor can provide services and/or products to all 50 US States? Yes
4 States Served:

If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) No response
5 Company and/or Product Description:

This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 750 characters.)
GoTo provides enterprise Hosted VoIP and business phone systems, mobile VoIP applications, web and video conferencing, and cloud contact center.
6 Primary Contact Name
Primary Contact Name
Kurt Snodgrass
7 Primary Contact Title
Primary Contact Title
Business Development Manager
8 Primary Contact Email
Primary Contact Email
[email protected]
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7818501433
1 0
Primary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7818501433

Page 5 of 32 ends

1 1
Primary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
4059199113
1 2
Secondary Contact Name
Secondary Contact Name
Kayly Shelton Snyder
1 3
Secondary Contact Title
Secondary Contact Title
Senior RFP Analyst
1 4
Secondary Contact Email
Secondary Contact Email
[email protected]
1 5
Secondary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
4053552559
1 6
Secondary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1 7
Secondary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
23 1
8 Admin Fee Contact Name
Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.

Kurt Snodgrass
1 9
Admin Fee Contact Email
Admin Fee Contact Email
[email protected]

Page 6 of 32 ends

2 0
Admin Fee Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7818501433
2 1
Purchase Order Contact Name
Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.

Kurt Snodgrass
2 2
Purchase Order Contact Email
Purchase Order Contact Email
[email protected]
2 3
Purchase Order Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
7818501433
2 4
Company Website
Company Website (Format - www.company.com)
www.goto.com
2 5
Entity D/B/A's and Assumed Names
Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award.

No response
2 6
Primary Address
Primary Address
333 Summer Street
2 7
Primary Address City
Primary Address City
Boston
2 8
Primary Address State
Primary Address State (2 Digit Abbreviation)
MA
2 9
Primary Address Zip
Primary Address Zip
02210

Page 7 of 32 ends

3 0
Search Words:

Please list search words to be posted in the TIPS database about your company that TIPS website users might search. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.)
Hosted VoIP, Telecommunications, Jive, Internet
3 1
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your intent to be able to sell to our members regardless of the fund source, whether it be local, state or federal?
Most of our members receive Federal Government grants or other funding and they make up a significant portion of their budgets. The Members need to know if your company is willing to sell to them when they spend federal budget funds on their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200, etc. Your answers will determine if your award will be designated as eligible for TIPS Members to utilize federal funds with your company.

Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you? Yes
3 2
Yes - No
Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority owner:
(A) has its principal place of business in Texas;
OR
(B) employs at least 500 persons in Texas?
This question is required as a data gathering function for information to our members making purchases with awarded vendors. It does not affect scoring with TIPS.

No
3 3
Company Residence (City)
Vendor's principal place of business is in the city of? Boston
3 4
Company Residence (State)
Vendor's principal place of business is in the state of? MA

Page 8 of 32 ends

3 5
Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES

ON THIS ATTRIBUTE QUESTION
Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be applied to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT.

CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE OR GOOD NOW OR DURING THE LIFE OF THE CONTRACT.

What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or services purchased and the quantity at time of sale. Please note that any specific greater discount offered for a particular product, brand, or service listed in Vendor's proposal will control and Vendor will be required to honor that greater specific discount, in excess of the minimum discount, for that particular product, brand, or service for the life of the contract.

Must answer with a number between 0% and 100%.
20%
3 6
MINIMUM Discount Term
Does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or catalog proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satisfy the Long Term Cost scoring evaluation criteria. A "YES" answer will be awarded the maximum 10 points for this criterion out of the 100 total points and a "NO" answer is awarded 0 points.

YES
3 7
Yes - No
If awarded on this TIPS Contract, for the duration of the Contract, Vendor agrees to provide, upon request, their then current catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and services offered on Vendor's TIPS Contract.
"Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that:

A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for inspection by a customer during the purchase process; C. to which the minimum discount proposed by the proposing Vendor may be applied.

YES

Page 9 of 32 ends

3 8
TIPS Administration Fee
By submitting a proposal, Vendor agrees to remit to TIPS the required TIPS Administration Fee, as designated in the solicitation or as otherwise agreed in writing. If Authorized Resellers are named, Vendor agrees to guarantee remittance of the TIPS Administration fee by or for the Authorized Reseller. TIPS/ESC Region 8 is required by Texas Government Code Section 791 to be compensated for its work. Thus, submission of this proposal requires agreement to this term.
3 9
TIPS Administration Fee Paid by Vendor - Not Charged to Customer Vendor understands and agrees that it owes TIPS a TIPS Administration Fee (published in the RFP/RCSP document) on every TIPS sale made under an awarded TIPS Contract. Vendor further understands and agrees that Vendor shall submit pricing with this proposal which includes and accounts for the TIPS Administration Fee and shall never separately charge the TIPS Member Customer the TIPS fee or add the TIPS Administration Fee line item to an invoice or similar purchase document. Submission of this proposal is Vendor’s certification that Vendor agrees to this mandatory term.
4 0
Additional Discounts?
Do you offer additional discounts to TIPS members for large order quantities or large scope of work? Yes
4 1
Years in Business as Proposing Company
Years in business as proposing company?
19 4
2 Resellers:

Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that sell your products under an agreement with you, the awarded vendor of TIPS.

EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would list BIGmart as a reseller.
(If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award).

Yes
4 3
Right of Refusal
The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's discretion unless required by law.

Page 10 of 32 ends

4 4

NON-COLLUSIVE BIDDING CERTIFICATE
By submission of this bid or proposal, the Bidder certifies that:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor;
2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the person signing in its behalf.

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 4 5
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or NO
If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited thereinyou are required to complete and file with TIPS.

The Form CIQ is one of the attachments to this solicitation.

There is an optional upload for this form provided if you have a conflict and must file the form No
4 6
Filing of Form CIQ
If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No response
4 7
Regulatory Standing
I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Federal or state that regulate any part of our business operations. If not, please explain in the next attribute question.

Yes
4 8
Regulatory Standing
Regulatory Standing explanation of no answer on previous question.

No response

Page 11 of 32 ends

4 9
Antitrust Certification Statements (Tex. Government Code § 2155.005) By submission of this bid or proposal, the Bidder certifies that:

I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law;
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Page 12 of 32 ends

5 0
Suspension or Debarment Instructions
Instructions for Certification:

1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment.
5 1
Suspension or Debarment Certification
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above.

Yes

Page 13 of 32 ends

5 2
Non-Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3)
email: [email protected].
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities) All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.

Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations.

Yes, I certify (Yes)
5 3
2 CFR PART 200 Contract Provisions Explanation
Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members:

The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds.

The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the nonFederal entity under the Federal award must contain provisions covering the following, as applicable.

Page 14 of 32 ends

5 4
2 CFR PART 200 Contracts
Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree?
Yes
5 5
2 CFR PART 200 Termination
Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS.

Does vendor agree?
Yes
5 6
2 CFR PART 200 Clean Air Act
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein.

Does vendor agree?
Yes

Page 15 of 32 ends

5 7
2 CFR PART 200 Byrd Anti-Lobbying Amendment
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or referenced herein.

Does vendor agree?
Yes
5 8
2 CFR PART 200 Federal Rule
Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

Does vendor certify that it is in compliance with the Clean Air Act? Yes
5 9
2 CFR PART 200 Procurement of Recovered Materials
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above? Yes

Page 16 of 32 ends

6 0
2 CFR PART 200 Rights to Inventions
If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above.

Does vendor agree?
Yes
6 1
2 CFR PART 200 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber.

Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

Does vendor agree?
Yes

Page 17 of 32 ends

6 2
2 CFR PART 200 Ban on Foreign Telecommunications
Federal grant funds may not be used to purchase equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Does vendor agree?
Yes
6 3
2 CFR PART 200 Contract Cost & Price
For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exceed the Vendor’s TIPS pricing and pricing terms proposed.

Does Vendor Agree?
Yes

Page 18 of 32 ends

6 4
FEMA Fund Certifications
Submission of this proposal is Vendor’s certification that Vendor agrees to this term. Vendor certifies that IF and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
(2) The Vendor shall not use the Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract. 6 5
Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act.

Does Vendor agree?
Yes

Page 19 of 32 ends

6 6
Certification Regarding Lobbying
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

I HAVE NOT Lobbied per above
6 7
If you answered "I HAVE lobbied" to the above Attribute Question If you answered "I HAVE lobbied" to the above Attribute question, you must download the Lobbying Report "Standard From LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form, complete and submit it in the Response Attachments section as a report of the lobbying activities you performed or paid others to perform.
6 8
Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.

Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.

Page 20 of 32 ends

6 9
ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal requirements?
ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement,
do you agree to comply with the following federal requirements? Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) through (5) of this section.

No response
7 0
Indemnification
The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from
indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a promise to pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be created by or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity creates a "debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to
indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified
with "to the extent permitted by the Constitution and laws of State of Texas." Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree
to these terms?
Yes, I Agree (Yes)

Page 21 of 32 ends

7 1
Remedies
The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue
and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an arbitration resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request of either party. Any
issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a
prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator’s fee and any associated filing fee
equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced to writing, and
will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Do you agree to these terms?
Yes, I Agree
7 2
Remedies Explanation of No Answer
No response
7 3
Choice of Law
The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.

THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located outside Texas.

Do you agree to these terms?
Agreed
7 4
Venue, Jurisdiction and Service of Process
Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.

Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.

Do you agree to these terms?
Agreed

Page 22 of 32 ends

7 5
Infringement(s)
The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of contracts awarded and approved.

Do you agree to these terms?
Yes, I Agree
7 6
Infringement(s) Explanation of No Answer
No response
7 7
Contract Governance
Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language.

Yes, I Agree (Yes)
7 8
Payment Terms and Funding Out Clause
Payment Terms:

TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member.

Funding Out Clause:

Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

See statute(s) for specifics or consult your legal counsel.

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.

Do you agree to these terms?
Yes, I Agree (Yes)

Page 23 of 32 ends

7 9
Insurance and Fingerprint Requirements Information
Insurance
If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance.

Fingerprint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students
Then you have ”covered” employees for purposes of completing the attached form.

TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at [email protected] and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.

See form in the next attribute to complete entitled:

Texas Education Code Chapter 22 Contractor Certification for Contractor Employees

Page 24 of 32 ends

8 0
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district.

Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.

I certify that:

NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.

OR
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days.
(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District.

Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

None

Page 25 of 32 ends

8 1
Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another state, to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statute, a “construction contract” includes contracts, subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials suppliers. “Construction contracts” are for the design, construction, alteration, renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS

SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS AND COMMERCE CODE § 272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES.
8 2
Texas Government Code 2270 & 2271 Verification Form
Texas Government Code 2270 & 2271 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israelicontrolled territory, but does not include an action made for ordinary business purposes.

Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf I swear and affirm that the above is true and correct.

YES

Page 26 of 32 ends

8 3
Logos and other company marks
Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the "Logo and Other Company Marks" section under the “Response Attachment” tab. Preferred Logo Format: 300 x 225 px - .png, .eps, .jpeg preferred
Potential uses of company logo:
* Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before publishing)
8 4
Solicitation Deviation/Compliance
Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes
8 5
Solicitation Exceptions/Deviations Explanation
If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached.

TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions.

In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.

No response
8 6
Agreement Deviation/Compliance
Does the vendor agree with the language in the Vendor Agreement? Yes
8 7
Agreement Exceptions/Deviations Explanation
If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement.

No response

Page 27 of 32 ends

8 8
Felony Conviction Notice
Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” (c) This section does not apply to a publicly held corporation. The person completing this proposal certifies that they are authorized to provide the answer to this question.

Select A., B. or C.

A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answer C below, you are required to provide information in the next attribute.

B. Firm not owned nor operated by felon; per above
8 9
If you answered C. My Firm is owned or operated by a felon to the previous question, you are REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.

If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following information.

1. Name of Felon(s)

2. The named person's role in the firm, and

3. Details of Conviction(s).

No response
9 0
Required Confidentiality Claim Form
Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the “Attachments” section, complete according to the instructions on the form, then upload the completed form, with any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. THIS REQUIRED PROCESS

IS THE ONLY WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL

DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you.

Read the form carefully before completing and if you have any questions, email [email protected].

Page 28 of 32 ends

9 1
Member Access to Vendor Proposal
Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as confidential or proprietary, Vendor’s acceptance of this TIPS Contract constitutes Vendor’s consent to the disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or any other party. By submitting this proposal, Vendor certifies the foregoing.
9 2
Choice of Law clauses with TIPS Members
If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.

Agreed
9 3
Venue of dispute resolution with a TIPS Member
In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties.

Agreed
9 4
Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities.

Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit any automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not longer than "month to month" and at the TIPS contracted rate.

Agreed
9 5
Indemnity Limitation with TIPS Members
Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others.

TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ".

Agreement is a required condition to award of a contract resulting from this Solicitation.

Agreed
9 6
Arbitration Clauses
Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS?
Agreed

Page 29 of 32 ends

9 7
Required Vendor Sales Reporting
By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To report sales, login to the TIPS Vendor Portal and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. 9 8
Upload of Current W-9 Required
Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. 9 9
CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021:

If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1).

Page 30 of 32 ends

1 0
0 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021:

If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required.

Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19. 1 0
1 CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree to the following required by Texas law as of September 1, 2021:

Proposing Company is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the Proposing Company for product warranty and support purposes. Company, certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Tex. Gov’t Code § 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

Page 31 of 32 ends

1 0
2 Acknowledgement
By submitting this proposal, Vendor certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if found to be necessary by the proposing vendor, vendor has sought the advice of counsel in understanding all portions of the solicitation. Page 32 of 32 pages Vendor: GoTo Communications, Inc. 221003 Packet Page. 584

ALL INFORMATION

MUST BE TYPED AND

FORM MUST BE

UPLOADED IN EXCEL
FORMAT. DO NOT

HANDWRITE

REFERENCES AND DO

NOT CONVERT EXCEL

REFERENCES
Please provide three (3) references from three different entities, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE.

Verify your references emails
are deliverable and that they
agree to provide a reference.

Failure to do this may delay the
evaluation process.

You may provide more than three (3) references.

Entity Name Contact Person VALID EMAIL IS REQUIRED Phone Polk County School District Brian Collins [email protected] 863 534 0860 ext 401 Vista Unified School District DeWayne Cossey [email protected] 760.726.2170 Imagine Charter Schools Denise Kennedy [email protected], 602.690.3721 TIPS RFP 221003 Electronics, Appliances and
Associated Goods and Services
Packet Page. 585

CERTIFICATION BY CORPORATE OFFERER

COMPLETE ONLY IF OFFERER IS A CORPORATION,

THE FOLLOWING CERTIFICATE SHOULD BE EXECUTED AND INCLUDED AS PART OF PROPOSAL FORM/PROPOSAL FORM.

OFFERER:
certify that I am the Secretary of the Corporation
I, (Name of Corporate Secretary)
named as OFFERER herein above; that
(Name of person who completed proposal document)
who signed the foregoing proposal on behalf of the corporation offerer is the authorized person that is acting as
(Title/Position of person signing proposal/offer document within the corporation) of the said Corporation; that said proposal/offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

CORPORATE SEAL if available

SIGNATURE
DATE
GoTo Communications
(Name of Corporation)
GoTo Communications
Steve Boss
AVP of North American Sales
November 16, 2022
Packet Page. 586
TIPS RFP #
Required Confidential Information StatusForm
Name of company
Printed Name and Title of Authorized Company Officer declaring below the confidential status of material Address City State ZIP Phone

ALL VENDORS MUST COMPLETE THE ABOVE SECTION
CONFIDENTIAL INFORMATIONSUBMITTEDIN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s), you must attach a copy of all claimed confidential materials to this COMPLETED form, name the combined PDF documents “CONFIDENTIAL”, and upload the combined, confidential documents with your proposal submission. If a document is not attached, it will not be considered confidential. The copy uploaded will be the sole indicator of which material in your proposal, if any, you deem confidential in the event TIPS/ESC 8 receives a Public Information Request. If ESC 8 receives a request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For documents deemed confidential by you in this manner, ESC8 and TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination. Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as confidential or proprietary, Vendor’s acceptance of this TIPS Vendor Agreement constitutes Vendor’s consent to the disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or any other party.

ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONS BELOW
OPTION 1:

I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of confidentiality of all information contained within our response to the solicitation. The attached contains material from our proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and I invoke my statutory rights to confidentialtreatment of the enclosed materials.

IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL.

ATTACHED ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR PROPOSAL THAT

WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS MADE FOR OUR PROPOSAL.

Signature Date
----------------------------------------------------------- OR--------------------------------------------------- OPTION 2:

I DO NOT CLAIM any of my proposal to be confidential, complete the section below.

Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.

Signature Date
Confidentiality Claim Form Rev 10292021SR
GoTo Communications Steve Boss, AVP of North American Sales 333 Summer Street Boston MA 02210 1-800-993-1790 11/16/22 11/16/2022 221003 Packet Page. 587

VENDOR SUPPLEMENTAL INFORMATION
TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase.

Packet Page. 588
Service Requirements
Warranty, Service and Support
Our Customer Experience brings together the expertise of the GoTo Account Management, Technical Support, and Customer Service teams to deliver world-class service and support. All GoTo Customer Experience teams are Americas-based and available 24/7, through multiple channels, including toll free telephone, email, online, and chat. All access is unlimited, and no additional contracts or fees are required.

Service Level Agreement (SLA)
GoToConnect’s Service Level Agreement (SLA) describes the specific service level agreements and conditions for GoToConnect Cloud Voice and Unified Communications (UC). The SLA also specifies the measures to be taken in case of deviation or failure to meet the asserted service guarantees. GoTo guarantees Cloud Voice and UC will maintain four 9’s (99.99%) in any given calendar year. The SLA can be furnished upon request.

Technical Support / Customer Service
With GoToConnect, our Technical Support (TS) and Customer Service (CS) teams are fully integrated. Your call, email or chat is immediately answered by a TS/CS team member trained to evaluate your issue, assist you personally with resolving it, or connect you directly with the team member best able to assist you.

The majority of system issues can be quickly resolved by GoToConnect Customer Service Representatives (CSRs). All CSRs complete training certification in the GoToConnect solution prior to answering customer calls, emails, or chats. Additionally, our Technical Support Representatives (TSRs) are trained and certified in the GoToConnect system.

Monitoring and Maintenance
GoToConnect’s solution is consistently managed and maintained to ensure everything is kept up-to-date. Our Cloud is engineered in such a way that updates and maintenance do not require scheduled downtime but are instead rolled out across the platform during periods of low utilization.

Internal to the Cloud platform, over 1,200 different parameters are constantly monitored to ensure they are functioning within acceptable limits. Any variance out of normal bounds triggers automatic alarming of NOC staff via multiple channels. Alarms are triggered well before an issue escalates to the point of causing service degradation, allowing for proactive issue resolution before clients are affected.

All of the hardware endpoints that are used for delivery of the hosted services are covered under warranty. In the case of the VoIP handsets, the hardware has a one-year manufacturer's warranty, with extensions that can be purchased for up to four additional years. Warranties on any routers and switches sold vary by manufacturer and model but are never less than five years (and in some cases are lifetime). Our services manufacture warranties for products we Packet Page. 589
sell. For the duration of the service, GoTo provides maintenance and support for the hardware endpoints we sell. All other maintenance and support services (regardless of warranty agreement) are available 24/7 at no additional charge.

If a handset fails within the warranty time window, GoTo will send an advance replacement handset to the customer, pre-programmed to replace the faulty device. Alternatively, some clients maintain a number of extra handsets—those can be programmed via GoToConnect’s online administrator portal controls to replace the faulty device at any given moment, minimizing any downtime. If the handset is outside of warranty, a replacement can be purchased from GoTo, programmed, and sent to the customer site (next-day shipping is available).

Packet Page. 590
Implementation and Support
GoTo uses proven best practices and a proactive, high-touch approach to manage the implementation of all new GoTo Voice and UC solutions. Applied across the following phases of the implementation life cycle, the GoTo approach delivers consistent, high-quality results that minimize the pain traditionally associated with changing your telephone service provider while at the same time maximizing the impact of GoToConnect across your entire organization.

Initiating: GoTo Project Managers (PMs) review expectations and gather customer information and preferences required for system configuration and number porting. They clearly define transition activities, timelines, and responsibilities for the customer and the GoTo implementation team. Detailed statement of work, project plan (with schedule), and preliminary order paperwork are prepared and presented to the customer for review and approval. GoTo engineers assess the current communications environment and identify system needs. They prepare a detailed assessment report and network diagram(s) outlining recommended network configuration.

Planning: The Project System Trainer or Field Engineer will hold a training with the customer and work together, with the customer, to build out the PBX. They establish a communications plan, scheduling regular status meetings with the customer and GoTo sales, engineering, training, project management, and deployment teams. They will work with you through system testing and training plans for the completed solution most fit for your needs.

Executing: GoTo engineers help to configure GoToConnect, providing requested guidance with dial plans and other features according to customer-provided specifications and preferences. Engineers also complete any specialized integration requirements, upon further scoping. Fulfillment specialists order equipment and monitor the number porting process. Regular status calls ensure the transition process stays on-track with established milestones and timelines.

Testing: GoTo quality assurance specialists test every feature to ensure it is operating correctly and in accordance with customer specifications. Engineers test the network configuration and, if applicable, test and turn up the GoTo broadband data connection. Fulfillment specialists test E911 configurations in compliance with Federal regulations. All GoTo hardware - including handsets, routers, and other equipment - arrives on the customer location pre-provisioned and ready for immediate plug-and-play. GoTo PMs and engineers work with the customer to test and verify all system features and functions. Dedicated project system trainers provide administrator and end user training to familiarize the customer with GoToConnect.

Project Completion: Numbers port from the losing carrier to GoTo, all system features and hardware endpoints are activated, and call processing (inward and outward) is initiated. Once live, a dedicated GoTo Customer Success Manager (SAM) is available to support the system and troubleshoot and resolve any service issues.

Packet Page. 591
Training
GoTo wants every customer to get the most out of their GoTo Connect solution. With a variety of training options, customers can select the time, method, and materials that best meet their organizational needs. All remote-based training is unlimited and included with the GoTo Connect solution at no additional cost. In additions to the options outlined below, on-site training for either Administrators, End Users, or both is offered upon request and at a minimal charge.

Administrator Training
GoTo follows a train the trainer methodology in its GoToConnect administrator trainings, providing participants with the ability to train other members of the organization upon completion. The following administrator training options are available:
• Customer On-boarding Training. New GoToConnect customers are invited to participate in on-boarding administrator trainings. These one-hour trainings, done over the phone with screen-sharing, are tailored to customer needs and provide an overview of how to configure and use our solution specifically for their organization. • Online Video Tutorials. For the GoToConnect solution, we have created a series of training videos on our YouTube channel, which provide straightforward guidance on system configuration and features that can be accessed at any time. • Administrator Guide. All users are provided with detailed written guides that include instructions on how to use all GoToConnect features. Guides are always available online and can be made available for printed format upon request. • Ad Hoc Training. GoToConnect CSRs are available for phone-based trainings on an ad hoc basis. Customers may either schedule a time with a CSRs to attend a personalized administrator training or they may simply call GoTo customer service with any questions they have.
• Customized, On-Site Training. GoTo can provide customized, on-site training for GoToConnect’s solution upon request. Additional fees apply.

End-User Training
GoTo offers the following options for end-user training on GoToConnect’s solution:
• Self-guided Training. Online video tutorials, quick-start and quick reference guides, and interactive user manuals are provided for end users. These training references are available online at any time and are provided at no additional cost.
• Administrator-Led Training. GoTo will provide customers with access to training support materials to enable administrators who have completed GoToConnect administrator training to train other members of their organization. Materials are available online at any time and are provided at no additional cost.
• Ad Hoc Training. GoTo Customer Service Representatives are available for phone-based user training on an ad hoc basis. Customers may either schedule a time with a Representative to attend a personalized user training or they simply call our customer service with any questions they have. Ad hoc training is provided to all customers at no additional cost.

Packet Page. 592
Executive Summary & Product Overview
GoTo is pleased to present the GoToConnect Hosted Cloud Solution. GoTo is a leader in UCaaS; G2 just rated GoToConnect as the # 1 UCaaS solution. As you may notice, we have a new name: GoTo. This reflects who we are as an organization and what we can provide. At GoTo we create tools for IT management & support, and communication. Our focus is simple:
we make IT’s life easier, anywhere. We do it through software that’s easy to deploy and use, with an incredible record of reliability, and tools that can scale from SMB to enterprise.

We are the only company that can empower you to connect AND support your employees and customers with a single application.
• Simple: Our software is built for SMBs but powerful enough for enterprises. We know the value of SMBs to our economy, and we want to bring SMBs the same value we bring companies like Salesforce and Dyson. Our tools are easy to buy, easy to manage and easy to use. Because we know easy is an important aspect to organizations of all sizes. • Secure: Our company has been grounded in trustworthiness since Day 1. We are recognized as such by countless third-party and consumer review sites because of our strongest reputation for uptime, customer support, reliability, and overall performance of our products. We never sacrifice that trust. Rather, we innovate on top of it, as we’re pioneers of Zero-Trust security.
• Flexible: Flexibility comes with bleeding-edge partnerships. We are proud to leverage our global network of trusted technology and channel partners to unlock more value for however you like to do business. With more than 100 strategic alliances, our API integration strategy enables simple, secure, and flexible experiences across many verticals.

We do all this through our GoTo portfolio of flexible-work software. Our simple, integrated solutions will empower your employees to do their best work. Our simple, integrated solutions will empower your employees to do their best work. We are the all-in-one solution for essential connections, making Business Communications and IT Support easy for small-to-medium sized businesses, communities, and organizations.

Packet Page. 593
GoTo has been making IT easy since 2003. We were born in 2003 with working from home in our DNA. Since then we have grown to a billion-dollar business and an innovative leader in UCaaS, CCaS, and Remote Support. When 2020 happened-our products and services suddenly became essential for all businesses to connect and support their customers and employees, so we helped SMBs and organizations around the world make the rapid shift to hybrid and remote work with free Emergency Remote kits. In 2022, we rebranded from LogMeIn to GoTo to better align with the essentials that we provide our customers and communities to keep their business and communities running through uneasy times. We will continue to develop as the all-in-one solution for essential connections.

We offer one of the only ways to keep both your employees and customers connected, supported and secure, and this is in combination with affordability. Our software is built to help you optimize your tech stack, create efficiencies in a cost-saving manner. Our software also delivers the simplest, most secure, and most flexible experience for IT professionals and their end-users.

Today, we are here to propose our GoToConnect solution. GoToConnect has been built across the same fundamental principles as our other products; that principle is to be Simple, Secure & Flexible.

Simple: GoToConnect is the easiest phone system to manage on the market. We create a simple admin experience through our unified administration portal. Our administration portal is recognized by admin users time-and-time again as the most intuitive. We are able to achieve this through unique features like our Visual Dial Plan Editor.

Packet Page. 594
Secure: GoToConnect customers secure peace of mind as we reduce unnecessary headaches where possible:
• Throughout COVID-19 and the surge to Video Conferencing platforms, our relentless focus on our stability of service saw us become the most reliable and, therefore, trusted video-meetings platform when compared to the competition. • Working from home can be a challenge with weak Wi-Fi, but our Product/Solution requires the least bandwidth for Video and Screen Share compared to our competitors.

This has been proven by independent sources and, most importantly, end-users on review sites like G2 Crowd, TrustRadius, SoftwareAdvice, GetVoIP and more! • Should our customers need us, they can reach us anytime and anywhere, for we are available 24/7. Our customer support is consistently rated #1 by end-users on review sites.

Awards and Recognition
GoTo's UCC solutions have been recognized as leaders in the industry. Several examples include but are not limited to the following:
• 2022 TMCNet Product of the Year Award for exceptional innovation following February’s rebrand and launch of a new product experience
• TrustRadius recognizes GoTo products for twelve of their 2022 Top Rated Awards following GoTo's recent rebrand from LogMeIn
• 2021: TMC, a global, integrated media company, has named GoToConnect Contact Center as a 2021 Contact Center Technology Award winner, presented by CUSTOMER Magazine
• 2022 Shortlist Awards for VoIP and Call Center Software • Leader in G2’s Spring 2022 Grid Reports for VoIP Providers • 2022 TrustRadius Top Rated Awards in Unified Communications as a Service (UCaaS), VoIP and Video Conferences
Packet Page. 595
GoTo is the All-In-One Solution for Essential connections. We have top-notch offerings for all of the business communications and IT support software you would need to connect and support your employees and community easily. With a zero-trust security architecture, 99.999% uptime and 24/7 dedicated support, we have been trusted for reliability and security since 2003. In addition, we have numerous integrations, such as with Slack and Teams, plus a global network of partners to help you to connect from anywhere.

GoToConnect Solution
Phones: Enterprise-grade with 100+ features, and comes with inclusive minutes for local, long distance and International calls.

Meetings: Video & Audio conferencing with screen share and advanced collaboration capabilities included. Meet with up to 250 people.

Contact Center: Feature-rich and easy to deploy cloud-based customer engagement solution that is designed to fit the budget of any small-mid-sized business.

Webinars & Virtual Events: An online event platform to deliver delightful experiences for your customers, while driving better engagement and lead generation.

Training & Townhalls: Online training software for better connections. Engage before, during and after session for enhanced virtual experiences
Packet Page. 596
Why GoToConnect
• We have the Best Administration Tools on the market.
• We're experienced, and it helped us be the Most Reliable platform throughout COVID19. • Our Customer Support is rated #1 by end-users; we are available 24-7 • We provide a Unique Portfolio of Flexible Software–UCaaS, CCaaS, Webinars & Virtual Events, Training & Support.
• We won't be beaten on Value for Money, for you can save up to 33% against leading competitors.

GoTo Meeting, included with GoToConnect
With an extensive series
of updates to the product,
GoToMeeting delivers a
flawless experience from
start to finish for both IT
and end users. Shaped by
thousands of customer
conversations, the new
GoToMeeting
revolutionizes the way you
communicate with
features designed to save
you time, so you can build
stronger relationships and
collaborate with ease.

We’re by your side before,
during, and after your
meetings take place – modernizing workforce productivity that will prepare your organization for years to come.

Packet Page. 597
Pre-Meeting:

Get started with meeting tools that make
launching and joining meetings easy.
• Business messaging: Communicate
anytime with integrated chat. Start or
join meetings in a single click – right
from your current conversation. Learn
More.
• Your personal online meeting room:

Create a custom meeting link that
makes it easy to invite attendees to your
own personal meeting room, reserved
just for you. Learn More.
• Call Me: Let GoTo Meeting call your
phone when it’s time for a meeting to
start. Learn More.
• Join from your phone: Participants can
dial in to the meeting from their phone for added flexibility on-the-go. Toll-free in over 50 countries.
• Webcam preview: Test and preview your webcam before entering a meeting to check your connection and video.

In-Meeting:

Share, collaborate and come up with new ideas with in real-time with these GoTo Meeting features.
• Screen sharing: Easily share
your desktop, smartphone, or
tablet screen with everyone.

Present, collaborate and keep
everyone on the same page.

Learn More.
• Meeting drawing tools: Draw on
your screen to collaborate,
brainstorm or present in real-time.

Learn More.
• Commuter Mode for mobile
meetings: Call in with a
distraction-free environment while
on the go. Commuter mode turns
your entire phone screen into a
color-coded audio/mute button
that uses up to 90% less
bandwidth. Learn More.
• Custom backgrounds: Customize your webcam background and truly work from “anywhere.”
Packet Page. 598
• Presenter control: Give meeting guests presenter control so they can share their screen and help run the meeting. You can even share control of your keyboard or mouse.

After your meeting
See what went well in your meeting and find action items or key takeaways. • Meeting transcriptions: Easily share automatic transcripts of your recorded meetings or look back for important notes and action items. Learn More. • Cloud recording: Record your meetings locally or in the cloud and share or revisit them later. Learn More.
• Meeting diagnostic reports: View stats and analysis of meeting performance on an individual level, for quick troubleshooting.

Integrate with your favorite tools: Integrate GoTo Meeting with apps you already use in your workflow. Launch meetings directly from Slack, Outlook, Chrome, or Salesforce for a smoother, more convenient meeting experience.

Packet Page. 599

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department: Public Works
Subject: Agreement with Cal Stripe, Inc., for Street Striping and Pavement Marking Services (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Cal Stripe Inc., for street striping and pavement marking services; and

2. Authorize the Agency Director of Finance and Management Services to issue a purchase order in the amount of $420,000.

Executive Summary
The award of the striping contract is designed to deliver a professional, efficient, and high-quality installation for pavement marking throughout the City. The striping will delineate the movement of both vehicular traffic and pedestrians in an effective way to provide safety for all users of the roadway. Funding for this agreement will use the Gas Tax Fund.

Background
The Public Works Department, specifically the Traffic Engineering Section, plays a vital role in upholding the quality and safety of the city's streets through the maintenance of striping on all City’s streets. As the responsible department of the city's transportation infrastructure, this department is entrusted with the responsibility of ensuring that road markings, including lane demarcations, crosswalks, centerlines pavement messages and other essential striping elements, are well-maintained and Packet Page. 600
clearly visible to all user of the road. The Traffic Engineering Section employs a comprehensive approach to enhance traffic flow, promote safety, and contribute to overall urban mobility.

Thermoplastic striping and paint striping are two distinct methods employed in road marking, each with its unique characteristics and advantages. Paint striping, traditionally used for road markings, involves applying a liquid paint that dries to form visible lines on the road surface. While cost-effective and easy to apply, paint striping may require more frequent maintenance due to wear and fading over time. On the other hand, thermoplastic striping utilizes a pre-formed, solid material that is heated and then melted onto the road surface. This method offers enhanced durability, longevity, and reflective properties compared to traditional paint striping.

Thermoplastic striping is particularly effective in high-traffic areas, providing superior resistance to abrasion and weather conditions. While paint striping is a more economical choice, thermoplastic striping stands out for its durability and visibility, making it a preferred option for long-lasting and high-performance road markings.

The frequency of pavement striping maintenance can vary depending on factors such as traffic volume, weather conditions, and the type of striping material used. In general, traditional paint striping may require more frequent maintenance compared to thermoplastic striping.

For paint striping, it is common to schedule re-striping every 1 to 2 years, as the paint can wear off over time due to traffic, weather exposure, and general road wear. Hightraffic areas may need more frequent maintenance to ensure visibility and safety.

On the other hand, thermoplastic striping tends to be more durable and longer lasting. It can last for 3 to 5 years or even more before requiring re-striping. The heatapplied nature of thermoplastic striping contributes to its enhanced longevity and resistance to wear and tear. Regular inspections are essential to assess the condition of pavement striping and determine when maintenance is necessary. Factors like faded lines, reduced reflectivity, and visible signs of wear are indicators that restriping may be needed to maintain effective road markings.

The City of San Bernadino covers 63 square miles, and maintain approximately 569 miles of roadway segments and over 1,300 lane miles (574 Center Lane miles) of streets requiring pavement markings and painting of center divider lines, curbs (to include no parking red zones), and “bullnoses” (front and back areas of street island curbs). Additionally, the City also maintains approximately 110 school crosswalks, more than 1,200 street crosswalks, and 55 City-owned parking lots at parks and city facilities. These locations all require varied maintenance and upgrades that include (but is not limited to) repainting red, yellow, white, blue, and green zones at curbs, , thermoplastic application of markings at street or school crosswalks, center divider line pavement markings, directional arrow street markings, white rumble strip installation, ceramic pavement marker installation, and parking lot/street parking striping.

Packet Page. 601
Discussion
To ensure our city conducts timely and first-rate street striping and pavement marking services, staff is requesting $420,000 under this maintenance services agreement.

Initially the maintenance agreement will cover the period from Feb 21, 2024, to June 30, 2025, with four additional option years. Public Works staff use a combination of factors and considerations to determine when street pavement striping is maintained. • Regular inspection conducted by staff Semi-Annually.
• Visual Assessment-Maintenance staff and engineering staff visually inspect roadway marking to identify signs of wear and report back to the traffic engineering section.
• Traffic Volume- High traffic areas experience more wear and tear on road marking which will require frequent inspections quarterly. • Weather Deterioration – Adverse weather such as heavy rain, or extreme heat can accelerate the deterioration of roadway markings. Inspection is conducted after the rainstorms.
• Feedback from Residents and Drivers through the Citizen Request Management system (CRM).

On November 28, 2023, the Traffic Engineering section of Public Works, with the Finance Department, initiated a formal process to solicit proposals for street striping and pavement marking services in Request for Proposal No. F-23-81. Notices were posted on the PlanetBids website. The results of the solicitation yielded five vendors which were reviewed by Procurement for compliance with mandatory requirements.

This selection was based on the lowest quote received.

It is important to note that the cost results below reflect a sampling of the most typically required services and related materials and does not reflect the overall request of this maintenance services agreement (which is lower). Although the winning vendor listed an overall cost of $954,900, staff does not anticipate using all the services listed in the sampling of services listed in the cost sheet but has chosen to have options available should the need arise for specific services not typically used. In keeping with the prior fiscal year average costs for street striping and pavement marking services, the amount of this maintenance agreement will be set at $420,000. The results were as follows:

Vendor City Cost
Cal Stripe, Inc. Colton, CA $954,900
Superior Pavement Markings, Inc. Beaumont, CA $1,851,885 Safe USA, Inc. Ontario, CA $2,067,300
Chrisp Co. Bloomington, CA $2,204,625
WGJ Enterprises, Inc.* Azusa, CA $2,276,570
*Amount differ from the vendor submitted bid form.

Packet Page. 602
Cal Stripe Inc. provided the lowest quote and is a reputable vendor for street striping and pavement marking services. Staff is confident that they are qualified to provide the services required under this maintenance services agreement. Additionally, Cal Stripe Inc. has recently provided services to the city and is a vendor in good standing.

The term of the proposed agreement shall be from February 21, 2024, to June 30, 2025, with four additional option years.
2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c:

Evaluate and enhance the quality of public safety services. Pavement markings are an effective way of regulating traffic and communicating information to pedestrians and drivers.

Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funds in the amount of $420,000 are available in the Gas Tax Fund FY23/24.

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Cal Stripe Inc., for street striping and pavement marking services; and

2. Authorize the Agency Director of Finance and Management Services to issue a purchase order in the amount of $420,000.

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Solicitation Documents-RFP No. F-23-81
Attachment 3 Solicitation Results (Summary)
Ward:

All Wards
Synopsis of Previous Council Actions:

None
Packet Page. 603
- 1 -

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 21st day of February, 2024 by and between the City of San Bernardino, a 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 CAL STRIPE, INC., a CALIFORNIA CORPORATION, with its principal place of business at 2040 E. Steel Road, Colton, CA 92324 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing street striping and pavement marking services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the street striping and pavement marking services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional street striping and pavement marking services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 21, 2024 to June 30, 2025 with four additional option years, unless earlier terminated as provided herein.

Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Packet Page. 604
- 2 -

3.2 Responsibilities of Contractor.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Azzam Jabsheh PE, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Adam Lippa, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Packet Page. 605
- 3 -
Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for Packet Page. 607
- 5 -
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Packet Page. 608
- 6 -
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and the policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM; and $4,000,000 aggregate per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, Packet Page. 609
- 7 -
including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery Packet Page. 610
- 8 -
against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. 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 provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

Packet Page. 611
- 9 -

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to Packet Page. 612
- 10 -
determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Packet Page. 613
- 11 -

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Twenty Thousand Dollars ($420,000) without the written approval of City’s City Engineer. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 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, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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 Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Packet Page. 614
- 12 -
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). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 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:

Packet Page. 615
- 13 -
Contractor:

Cal Stripe, Inc.
2040 E Steel Road
Colton, CA 92324
Contact: Adam Lippa
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Azzam Jabsheh, PE
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, or groundless, 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal Packet Page. 616
- 14 -
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

3.5.10 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.

Packet Page. 617
- 15 -

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 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.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the 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.

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 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.

3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

Packet Page. 618
- 16 -
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 619
- 17 -

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CAL STRIPE, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

CHARLES A MONTOYA
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
CAL STRIPE, INC.
2040 E. Steel Road
Colton, CA 92324
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Page. 620

EXHIBIT A

PRICE PROPOSAL FORM
VENDOR NAME: CAL STRIPE INC.

ADDRESS: 2040 E. STEET RD COLTON, CA 92324
PHONE: (909) 884-7170
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Street Striping and Pavement Marking Services
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Please submit the “Total” amount on Planetbids “Line Items” price form.

All quantities below are estimates for the purposes of bid comparison. Estimated quantities are no guarantee of actual usage.

Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work.

Provide prices on the following items using the most recent Caltrans Standard Plans for Pavement Markers and Traffic Lines Pages A20A through A20D and A24A through A24E, appendix A.

Ite
m
No.

Estimated
Amount
Description Cost per Linear
Ft Total
1 60,000 4” Broken Lines $0.10 $6,000.00
2 35,000 4” Solid Lines $0.12 $4,200.00
3 50,000 Two - 4” Solid Lines with 3” Black separation $0.25 $12,500.00 4 35,000 8” Solid Line $0.20 $7,000.00
5 60,000 Two way left turn lanes, two lines, One solid
one dashed with 3” Black Separation
$0.20 $12,000.00
6 15,000 6” Solid Line $0.20 $3,000.00
7 500 Broken 4” Lane lines and Centerlines through
intersection(Details 40 & 41)
$1.50 $750.00
Packet Page. 621
Ite
m
No.

Estimated
Amount
Description Cost per Linear
Ft Total
TOTAL VENDOR QUOTE $ $45,450.00
Painted Reflective Pavement Markings Including Stencils, Crosswalks, Limit Lines etc. :

Ite
m
No.

Estimated
Amount
Description Cost per Square
Ft Total
8 75,000 Pavement Markings $1.00 $75,000.00
TOTAL VENDOR QUOTE $ $75,000.00
Thermoplastic Reflective Centerlines and lane Lines:

Ite
m
No.

Estimated
Amount
Description Cost per Linear
Ft Total
9 150,000 4”Broken Lines (Yellow/White) $0.30 $45,000.00 10 75,000 4” Solid ( yellow or white) Lines $0.35 $26,250.00 11 75,000 Two - 4” Solid yellow Lines with 3” Black
separation
$0.80 $60,000.00
12 5,000 8” Solid Line $0.80 $4,000.00
13 150,000 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation
$0.70 $105,000.00
14 4,000 6” Solid Line (bike Lane) $0.70 $2,800.00
15 1,000 12” diagonals (yellow /White) $2.25 $2,250.00
16 2,000 Lane Drop at intersection (Detail 37B) $1.00 $2,000.00 17 2,000 Broken 4” Lane lines and Centerlines extension through intersection (Details 40 & 41)
$3.00 $6,000.00
TOTAL VENDOR QUOTE $ $253,300.00
Packet Page. 622
Curb Painting Red, White, Green, Yellow & Blue:

Ite
m
No.

Estimated
Amount Description Cost per Linear Ft Total
18 40,000 Painting of curbs $0.65 $26,000.00
TOTAL VENDOR QUOTE $ $26,000.00
Painting of Small Stencils:

Ite
m
No.

Estimated
Amount
Description Cost per Letter Total
19 400 Painting of 3"- 4” Non-reflective letters for top of curbs
$10.00 $4,000.00
TOTAL VENDOR QUOTE $ $4,000.00
Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. :

Ite
m
No.

Estimated
Amount
Description Cost per
Square Ft Total
20 *200,000 Pavement Markings $2.35 $470,000.00
TOTAL VENDOR QUOTE $ $470,000.00
*NOTE: Not all estimated amounts will be
utilized.

Removals (includes legal disposal of debris):

Ite
m
No.

Estimated
Amount
Description Cost per Square Ft Total
21 20,000 Wet Sandblasting $0.70 $14,000.00
Packet Page. 623
Ite
m
No.

Estimated
Amount
Description Cost per Square Ft Total
22 5,000 Grinding $1.10 $5,500.00
TOTAL VENDOR QUOTE $ $19,500.00
Pre-lining (Cat-track):

Ite
m
No.

Estimated
Amount
Description Cost per Linear Ft Total
23 80,000
Pre-lining
$0.12 $9,600.00
TOTAL VENDOR QUOTE $ $9,600.00
Raised Pavement Markers:

Ite
m
No.

Estimated
Amount
Description Cost per Marker Total
24 20,000 Retroreflective raised Pavement Markers $1.60 $32,000.00 25 300 White Rumble Strips $46.00 $13,800.00
26 5000 Ceramic Pavement Markers $1.25 $6,250.00
TOTAL VENDOR QUOTE $ $52,050.00
Total Number of Additional Pages:

Submitted By: ____ Title: _________________
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR REGISTRATION NUMBER (IF APPLICABLE): ____________________________ Packet Page. 624
RFQ F-23-81
Street Striping and Pavement Marking Services

REQUEST FOR VENDOR QUOTES
RFQ F-23-81
FOR

CITY OF SAN BERNARDINO
FOR

STREET STRIPING AND PAVEMENT MARKING SERVICES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.sbcity.org
Packet Page. 625
RFQ F-23-81
Street Striping and Pavement Marking Services

REQUEST FOR VENDOR PRICE QUOTES
PROJECT NO. RFQ F-23-81.

STREET STRIPING AND PAVEMENT MARKING SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), BEFORE 3:00 P.M., Tuesday 12/19/2023. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

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

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

Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City upon request.

The successful Vendor shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Vendor to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted, nor any contract entered into without proof of the Vendor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Vendor and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this request may also be subject to compliance monitoring and enforcement by the DIR.

Packet Page. 626
RFQ F-23-81
Street Striping and Pavement Marking Services
I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors1(“Vendors”) for STREET STRIPING AND PAVEMENT MARKING SERVICES (Project). To serve and promote the welfare of its residents, the City intends to procure the Project, as described below:

To support The Public Works Department, Operations & Maintenance Division who is responsible for
maintaining all street striping and pavement markings in the City.

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

B. Project Manager
The Project Manager for the City regarding this request will be Gerald Castle, Administrative Services Supervisor, Public Works—Operations & Maintenance Division 909-384-5045, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be submitted in writing via PlanetBids and will be answered in writing through PlanetBids. To ensure a response, questions must be received via the City’s eProcurement Portal/PlanetBids in writing per Section I below, titled PROPOSAL SCHEDULE.

D. Meeting
Each Vendor is requested to attend a mandatory meeting to be held in accordance with Section I below titled: PROPOSAL SCHEDULE. Failure to attend this meeting will preclude a Vendor from submitting a Quote. Attendance at the meeting will ensure the Vendor understands the full scope of the Project requested.

E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project; make such investigations, as it may deem necessary for performance of the Project at its Quote within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. To schedule a site visit, available upon request by appointment only contact Gerald Castle at 909-384-5045. 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

Packet Page. 627
RFQ F-23-81
Street Striping and Pavement Marking Services
F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00 pm local time, on or before the due date indicated in Section I below, titled PROPOSAL SCHEDULE through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Support at (818) 992-1771. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.

Consequently, it is highly recommended that you create your proposal as early as possible to provide ample time for a successful submittal.

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

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

H. General Conditions

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

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

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

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

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

6. Availability to Perform Work: Vendor must be available to begin Project within 30 working days of the contract being awarded and must complete all Task Orders as directed by the Project Manager.

7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all costs and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement.

Packet Page. 628
RFQ F-23-81
Street Striping and Pavement Marking Services
Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license.

8. Vendor License: As applicable, Vendors shall be properly licensed for the services they provide. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement in the following classification(s): C-32 Parking and Highway Improvement Contractor License.

Subcontractors must possess the appropriate licenses for specialty work. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any Quote submitted by a Vendor not currently licensed in accordance with state law to be nonresponsive. The City shall have the right to request, and proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by Vendor and each of the Vendor’s subcontractors before awarding the Agreement.

9. Additional Reservation of Rights by City: The City reserves the right to reject any and all Quotes. The City reserves the right to withdraw this Request for Vendor Quotes at any time without prior notice and the City makes no representations that a contract will be awarded to any Vendor responding to this Request for Vendor Quotes. The City reserves the right to postpone any deadlines required by this Request for Vendor Quotes, including, but not limited to, the submittal date outlined in Section F of this Request for Vendor Quotes.

Packet Page. 629
RFQ F-23-81
Street Striping and Pavement Marking Services
I. Proposal Schedule

ACTION DATE
Tentative Release of Request for Proposal November 28, 2023 Pre-Proposal Meeting Location: NO JOB WALK N/A
Deadline for submitting written questions @ 3:00 P.M. December 7, 2023 Clarification Addendum Issued (If necessary) December 13, 2023 Proposal Due Date @ 3:00 P.M. December 19, 2023
Award Date After Council Approval
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind the City to award a contract for the above-described services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.
[END OF SECTION]
Packet Page. 630
RFQ F-23-81
Street Striping and Pavement Marking Services
ATTACHMENT “A”

PROPOSED SCOPE OF PROJECT 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.

City of San Bernardino

TECHNICAL SPECIFICATIONS
RFQ F-23-81

STREET STRIPING AND PAVEMENT MARKING SERVICES
NOTICE: “SPECIAL INSTRUCTIONS TO THE BIDDER”
The Public Works Department, Operations & Maintenance Division is responsible for maintaining all street striping and pavement markings in the City. The intent of this document is to solicit proposals from qualified CONTRACTORS with experience in providing street striping and pavement marking services. The City is looking for the most responsive and responsible CONTRACTOR that will be committed to provide the City of San Bernardino with street striping and pavement marking services. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified CONTRACTOR for street striping and pavement marking services.

Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column.

Whenever the terms “Standard Specifications” is used, it shall mean the latest edition of Caltrans Standard Specifications and the “Green” Book standards.

FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID

CATEGORY I ACCEPTABLE /

AS SPECIFIED

1. DESCRIPTION OF WORK
The work shall consist of the following:

1. Installation of Thermoplastic reflective centerlines, lane lines, pavement marking legends, edge lines, barrier lines and curbs.

2. Removing centerlines, lane lines, edge lines, crosswalks raised Packet Page. 631
RFQ F-23-81
Street Striping and Pavement Marking Services
pavement markers, pavement marking legends, and curb paint.

3. Re-lining in thermoplastic.

4. Placement of raised pavement markers (RPMs).

5. Thermoplastic reflective bike lanes and curbs.

2. WORK ORDERS
The CONTRACTOR shall not start work in the City until he receives a written work order from the City Engineer, or his assigned staff. The CONTRACTOR must have such list in his possession before starting work. The CONTRACTOR shall
perform only that work listed and will only be compensated for the work listed on the work order. The CONTRACTOR shall be given a minimum of $3,500.00 of work to warrant sending out a crew.

All costs for mobilization for each work order, regardless of quantity of work requested, shall be considered included in the unit bid price for the requested work and no additional compensation to the CONTRACTOR shall be made. The start date of work orders meeting the minimum move in charges shall not exceed Ten (10) calendar days. Work orders must be completed in Fifteen (15) calendar days after start of work. CONTRACTOR shall be liable for liquidated damages as set forth in the Contract Agreement section 3.2.7.1 due to delayed start beyond the allotted twenty-one calendar days. CONTRACTOR shall also be liable for liquidated damages as set forth in the Contract Agreement section 3.2.7.1 due to delayed completion of work beyond the allotted Fifteen (15) calendar days after start of work.

3. ALL THERMOPLASTIC
Application of thermoplastic shall be in accordance with the latest edition of the Caltrans Standard Specifications Section 84.

4. THERMOPLASTIC MARKINGS / STRIPING (APPLIED

EXTRUSION)
Thermoplastic shall comply with section 84-2.02 “MATERIALS” of the latest edition of the CALTRANS Standard Specifications.

Applied thermoplastic stripes must be at least .060 inches thick.

Applied thermoplastic pavement markings must be at least .120 inches thick.

The thermoplastic material shall be homogeneously composed of Packet Page. 632
RFQ F-23-81
Street Striping and Pavement Marking Services
pigment, filler, resins and glass reflectorizing spheres.

The material manufacturer shall have the option of formulating the material according to his own specifications; however, the solid resin shall comprise a minimum of 8% by weight of the entire material formulation which shall consist of only 100% maleicmodified glycerol ester of wood rosin with no tall oil derivatives.

The physical and chemical properties contained in this specification shall apply regardless of the type of formulation used. The material upon heating to the application temperature shall not exude fumes which are toxic, or injurious to persons or property. The pigment, beads and filler shall be free from all skins, dirt and foreign objects.

The specific gravity of the thermoplastic traffic line material shall not be less than 1.95 or more than 2.15.

The pigment, beads and filler shall be uniformly dispersed in the resin. The material shall be free from all skins, dirt and foreign objects and shall be composed of weight of at least 18% binder, 25% glass beads and 8% titanium dioxide.

The binder shall consist of a mixture of synthetic resins, at least one of which is solid at room temperature, and high boiling point plasticizers. At least one-third (1/3) of the binder composition shall be the solid maleic-modified glycerol ester of wood rosin and shall be no less than 8% by weight of the entire material formulation.

5. RE-STRIPING
All re-striping of existing traffic stripes shall coincide with the original paintings, regardless of other more restrictive requirements of these Special Provisions unless directed by the Traffic Engineer.

If the existing striping does not have Reflectorized Pavement Markers (RPM’s), the contractor shall install new (RPM’s) on the new Thermoplastic Striping.

6. REMOVAL OF MARKINGS
Removal of markings shall be accomplished by wet sandblasting or grinding method. Errors made by the CONTRACTOR shall be removed at no additional cost to the City.

7. PREPARATION
It shall be the responsibility of the CONTRACTOR to insure that, prior to any pavement striping or marking, the surface is clear of all Packet Page. 633
RFQ F-23-81
Street Striping and Pavement Marking Services
debris.

8. TRAFFIC CONTROL
The CONTRACTOR shall make every effort to assure the safety of vehicular and pedestrian traffic during his operations. The current edition of the “Work Area Traffic Control Handbook”, published by Building News, Inc., is herein adopted as the minimum safety guidelines in conjunction with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD).

CONTRACTOR shall not close any street within the City without first obtaining the approval of the City Engineer.

9. THERMOPLASTIC MEASUREMENT
Thermoplastic traffic stripes will be measured by the linear foot of traffic stripe, without deductions for gaps in broken stripes. A stripe detail consisting of multiple painted stripes will be measured as one traffic stripe. Thermoplastic pavement marking legends will be measured by the square footage.

10. PAVEMENT MARKER
Pavement markers shall conform to the provisions in Section 85, “Pavement Markers”, of the Caltrans Standard Specifications (latest editions) and these Special Provisions.

Retroreflective Pavement Markers shall be 3M, series 290, or engineer approved equal.

11. CONTROL OF ALIGNMENT AND LAYOUT
Before obliterating (or covering) any pavement delineation that is to be replaced on the same alignment and location, as determined by the Inspector, the pavement delineation shall be referenced by the CONTRACTOR, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall include the limits or changes in striping pattern, including one- and 2-way barriers lines, limit lines, crosswalks and other pavement markings. Full compensation for referencing pavement delineation shall be considered included in the contract prices paid for new pavement delineation and no additional compensation will be allowed, therefore.

Unless otherwise shown, the CONTRACTOR shall re-stripe all pavement delineation on existing locations or as directed by the Engineer.

Packet Page. 634
RFQ F-23-81
Street Striping and Pavement Marking Services
Traffic stripes shall be painted to the alignment approved by the Engineer. The CONTRACTOR shall not proceed with the
application of any pavement markings and/or striping until the Engineer has checked and approved the alignment marks. The Engineer may make minor adjustments to the proposed alignment prior to approval.

Alignment marks may consist of cat tracking and spotting, or an approved alternative.

Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. The spots shall be not more than 3 inches in width and not more than 5 feet apart on curves or 10 feet apart on tangents.

Paint for the cat tracks shall be the same color as the traffic stripe for which they are placed.

Laser guidance equipment shall be capable of maintaining the alignment of traffic stripes with accuracy equivalent to or better than that obtainable through the use of cat tracking as determined by the Engineer.

All work necessary to establish satisfactory alignment for stripes and all layout work required for pavement markings shall be performed by the CONTRACTOR at his expense, including
correction of minor irregularities in the control points approved by the Engineer. Correction of minor irregularities shall be accomplished by the application of cat tracks, the use of laser guidance devices, or by a combination of these techniques.

12. REMOVE PAVEMENT DELINEATION
Existing traffic stripes and pavement markings that do not conform to the plans and are not removed or obliterated as a result of the various pavement rehabilitation operations, shall be removed by wet sand blasting or grinding as approved by the Engineer.

13. HOURS OF OPERATION
The hours of operation for performance of the work shall be 7:30 AM to 5:30 PM, Monday through Friday. No lane closures will be permitted prior to 8:30 AM or after 3:30 PM unless
CONTRACTOR obtains prior written approval from Project
Manager.

Packet Page. 635
RFQ F-23-81
Street Striping and Pavement Marking Services

14. PAINT PAYMENT - THERMOPLASTIC
The contract unit prices paid per linear foot for thermoplastic traffic stripes of the patterns designated in this Invitation to Bid and per square foot for each pavement marking legend shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in applying thermoplastic traffic stripes and pavement makings complete in place, including establishing alignment for stripes, and layout work, as shown on the plans, as specified in these specifications and the special provisions and as directed by the Engineer. The cost of any necessary pavement markers required for any striping detail designated in the Proposal shall be considered to be included in the cost per linear foot for each detail and no separate payment will be made, therefore.

15. PREVAILING WAGE
This is a non-prevailing wage contract.

16. CONTRACT LENGTH
The length of this contract shall be for three years.

17. SUBCONTRACTORS
The CONTRACTOR must list all subcontractors used for the duration of this contract. If a new subcontractor is hired to provide services during the contract, the CONTRACTOR must submit the name of the new subcontractor, subcontractor’s license, and insurance information one week prior to work performed.

18. REFERENCE LIST
Provide three (3) local government agencies and/or company’s previous or current contact references that support your ability to provide street striping and pavement markings.

19. LICENSES
The CONTRACTOR represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide street striping and pavement marking services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract.

20. CONTRACTOR NON-COMPLAINCE
Packet Page. 636
RFQ F-23-81
Street Striping and Pavement Marking Services
A. If the Public Works Director, or designee, determines that there are deficiencies in the CONTRACTOR’S performance, the
Public Works Director, or designee, will provide a written notice to the CONTRACTOR stating the deficiencies and
specifying a time frame to correct the specified deficiencies.

This time frame shall be reasonable, as determined by the Public Works Department Director, or designee, to correct the specified deficiencies.

B. Should the CONTRACTOR fail to correct any deficiencies within the stated time frame, the Public Works Department Director, or designee, may exercise the following measures:

1. Deduct from the CONTRACTOR’S payment the amount
necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction.

2. Withhold the entire or partial payment.

3. Terminate the contract.

Packet Page. 637
RFQ F-23-81
Street Striping and Pavement Marking Services

PRICE FORM
REQUEST FOR QUOTES: RFQ F-23-81
DECSCRIPTION OF RFQ: Street Striping and Pavement Marking Services COMPANY NAME/ADDRESS:

NAME OF AUTHORIZED
REPRESENTATIVE:

PRINT NAME:

TELEPHONE NUMBER:

FAX NUMBER:

All quantities below are estimates for the purposes of bid comparison. Estimated quantities are no guarantee of actual usage.

Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work.

Provide prices on the following items using the most recent Caltrans Standard Plans for Pavement Markers and Traffic Lines Pages A20A through A20D and also A24A through A24E, appendix A.

Estimated
Amount Description Cost per Linear
Ft Total
60,000 4” Broken Lines
35,000 4” Solid Lines
50,000
Two - 4” Solid Lines with 3” Black
separation
35,000 8” Solid Line
60,000
Two way left turn lanes, two lines, One
solid one dashed with 3” Black
Separation
15,000 6” Solid Line
500
Broken 4” Lane lines and Centerlines
through intersection (Details 40 & 41)
Packet Page. 638
RFQ F-23-81
Street Striping and Pavement Marking Services
Painted Reflective Pavement Markings Including Stencils, Crosswalks, Limit Lines etc.:

Estimated
Amount Description Cost per Square
Ft Total
75,000 Pavement Markings
Thermoplastic Reflective Centerlines and lane Lines:

Estimated
Amount
Description Cost per Linear
Ft Total
150,000 4” Broken Lines (Yellow/White)
75,000 4” Solid (yellow or white) Lines
75,000
Two - 4” Solid yellow Lines with 3”
Black separation
5,000 8” Solid Line
150,000
Two way left turn lanes, two yellow
lines, One solid & one dashed with 3”
Black Separation
4,000 6” Solid Line (bike Lane)
1,000 12” diagonals (yellow /White)
2,000 Lane Drop at intersection (Detail 37B)
2,000
Broken 4” Lane lines and Centerlines
extension through intersection (Details
40 & 41)
Curb Painting Red, White, Green, Yellow & Blue:

Estimated
Amount Description Cost per Linear
Ft Total
40,000 Painting of curbs
Painting of Small Stencils:

Estimated
Amount Description Cost per Letter Total
400
Painting of 3"- 4” Non-reflective letters
for top of curbs
Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. :

Packet Page. 639
RFQ F-23-81
Street Striping and Pavement Marking Services
Estimated
Amount Description Cost per Square
Ft Total
200,000 Pavement Markings
Removals (includes legal disposal of debris):

Estimated
Amount Description Cost per Square
Ft Total
20,000 Wet Sandblasting
5,000 Grinding
Pre-lining (Cat-track):

Estimated
Amount Description Cost per Linear
Ft Total
80,000 Pre-lining
Raised Pavement Markers:

Estimated
Amount Description Cost per Marker Total
20,000
Retroreflective raised Pavement
Markers
300 White Rumble Strips
5,000 Ceramic Pavement Markers
TOTAL FIRM FIXED PRICE: $___________
Packet Page. 640
RFQ F-23-81
Street Striping and Pavement Marking Services

ANNUAL PURCHASE ORDER
Effective January 1, 2024, through June 30, 2024
& July 1, 2024, through June 30, 2029.

Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Optional years shall become effective only upon issuance by the City of a duly authorized Purchase Order.

Are there any other additional or incidental costs which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No (circle one). If you answered “Yes”, please provide detail of said additional costs:

Please indicate any elements of the Technical Specifications that cannot be met by your firm.

Have you included in your bid all informational items and forms requested? Yes / No (circle one). If you answered “No”, please explain:

This offer shall remain firm for 90 days from RFP close date.

Terms and conditions as set forth in this RFP apply to this bid.

Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days.

In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed.

From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received.

Verification of Addenda Received
Addenda No: ____________ Received on: ____________
Packet Page. 641
RFQ F-23-81
Street Striping and Pavement Marking Services
Addenda No: ____________ Received on: ____________
Addenda No: ____________ Received on: ____________
AUTHORIZED SIGNATURE:

PRINT SIGNER’S NAME AND TITLE:

DATE SIGNED:

COMPANY NAME & ADDRESS:

PHONE: _____________________ FAX:

EMAIL:

IF SUBMITTED A “NO BID”, PLEASE STATE REASON(S) BELOW:

Packet Page. 642
Bid / Proposal # _ RFQ F-23-81________ Date Issued___________ Close Date __________ Recommended Vendor List
VENDOR
NAME

ADDRESS CITY STATE ZIP PHONE
#
FAX # CONTACT E-MAIL
1 BC Traffic
Specialist
638 W Southern
Avenue
Orange CA 92865 714-974-
1190
714-974-
1753
John Peters [email protected]
2 Cal Stripe, Inc. 2040 E Steele
Road
Colton CA 92324 909-884-
7170
909-884-
7106
Lorraine
Manzanares
[email protected]
3 Chrisp Company 2288 S Lilac
Avenue
Bloomington CA 92316 909-746-
0356
909-746-
0354
Roger
Weisbrod
[email protected]
4 Superior
Pavement
Markings
PO Box 278 Beaumont CA 92223 951-845-
2799
951-845-
6399
Dale Shults [email protected]
5 Orange County
Striping Service
183 N Pixley
Street
Orange CA 92868 714-639-
4550
714-639-
6353
[email protected]
6 7
8 9
10 11
Additional Vendors requesting Bid/Proposal Package
DATE
SENT
VENDOR NAME ADDRESS CITY STATE ZIP PHONE # FAX # CONTACT E-MAIL Packet Page. 643

REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-81
STREET STRIPING AND PAVEMENT MARKING SERVICES 20 OF 45 Packet Page. 644

REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-81
STREET STRIPING AND PAVEMENT MARKING SERVICES 21 OF 45 Packet Page. 645 - 22 -
ATTACHMENT “B”

SAMPLE MAINTENANCE SERVICES AGREEMENT

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2021 by and between the City of San Bernardino, a 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 [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY -

CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Packet Page. 646
- 23 -

3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and Packet Page. 647
- 24 -
procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

Packet Page. 649
- 26 -

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

Packet Page. 650
- 27 -
(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Packet Page. 651
- 28 -
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall Packet Page. 652
- 29 -
be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

Packet Page. 653
- 30 -

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. 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 provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.13 Bonds.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the Packet Page. 654
- 31 -
amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of Packet Page. 656
- 33 -
these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 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, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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 Contractor 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). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of Packet Page. 657
- 34 -
or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.5 General Provisions.

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME & DEPARTMENT***]
With Copy To:

Packet Page. 658
- 35 -

3.5.2 Indemnification.

Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

Packet Page. 659
- 36 -

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

Packet Page. 660
- 37 -

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

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

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***],
[***INSERT TITLE***]
ATTESTED BY:
[***INSERT NAME***],
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF
CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Page. 662

EXHIBIT A

SCOPE OF SERVICES
[***INSERT SCOPE***]
Packet Page. 663

EXHIBIT B

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
Packet Page. 664

EXHIBIT C

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] Packet Page. 665

EXHIBIT C
Packet Page. 666
- 3 -
[***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***]

EXHIBIT D

FEDERAL REQUIREMENTS
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***]
Packet Page. 667
EXHIBIT C Packet Page. 668
- 5 -
ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

STREET STRIPING AND PAVEMENT MARKING SERVICES RFQ F-23-81 The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE.

Item No. Description Quantity Unit Cost Total Amount

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By: Title:
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________ Packet Page. 669
City of San Bernardino
Bid Results for Project Street Striping & Pavement Marking Services (RFP F-23-06) Totals (Unit Price * Quantity)
Item
Num Section Item Code Description Quantity Cal Stripe Inc. - Colton, CA Superior Pavement Markings, Inc. - Beaumont, CA 1 Section 1 1 4” Broken Lines 60000 $0.10 $6,000.00 Yes $0.16 $9,600.00 2 Section 1 2 4” Solid Lines 35000 $0.12 $4,200.00 Yes $0.22 $7,700.00 3 Section 1 3 Two - 4” Solid Lines with 3” Black separation 50000 $0.25 $12,500.00 Yes $0.40 $20,000.00 4 Section 1 4 8” Solid Line 35000 $0.20 $7,000.00 Yes $0.33 $11,550.00 5 Section 1 5
Two way left turn lanes, two lines, One solid one dashed with 3” Black Separation 60000 $0.20 $12,000.00 Yes $0.36 $21,600.00 6 Section 1 6 6” Solid Line 15000 $0.20 $3,000.00 Yes $0.33 $4,950.00 7 Section 1 7
Broken 4” Lane lines and Centerlines through intersection(Details 40 & 41) 500 $1.50 $750.00 Yes $0.37 $185.00
Subtotal $45,450.00 Subtotal $75,585.00
8 Painted Reflective Pavement Markings Including 8 Pavement Markings 75000 $1.00 $75,000.00 Yes $2.79 $209,250.00 Subtotal $75,000.00 Subtotal $209,250.00
9 Thermoplastic Reflective Centerlines and lane Lines: 9 4”Broken Lines (Yellow/White) 150000 $0.30 $45,000.00 Yes $0.33 $49,500.00 10 Thermoplastic Reflective Centerlines and lane Lines: 10 4” Solid ( yellow or white) Lines 75000 $0.35 $26,250.00 Yes $0.45 $33,750.00 11 Thermoplastic Reflective Centerlines and lane Lines: 11 Two - 4” Solid yellow Lines with 3” Black separation 75000 $0.80 $60,000.00 Yes $1.36 $102,000.00 12 Thermoplastic Reflective Centerlines and lane Lines: 12 8” Solid Line 5000 $0.80 $4,000.00 Yes $1.24 $6,200.00 13 Thermoplastic Reflective Centerlines and lane Lines: 13 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation 150000 $0.70 $105,000.00 Yes $1.18 $177,000.00 14 Thermoplastic Reflective Centerlines and lane Lines: 14 6” Solid Line (bike Lane) 4000 $0.70 $2,800.00 Yes $0.93 $3,720.00 15 Thermoplastic Reflective Centerlines and lane Lines: 15 12” diagonals (yellow /White) 1000 $2.25 $2,250.00 Yes $3.25 $3,250.00 16 Thermoplastic Reflective Centerlines and lane Lines: 16 Lane Drop at intersection (Detail 37B) 2000 $1.00 $2,000.00 Yes $1.30 $2,600.00 17 Thermoplastic Reflective Centerlines and lane Lines: 17 Broken 4” Lane lines and Centerlines extension through
intersection (Details 40 & 41) 2000 $3.00 $6,000.00 Yes $0.72 $1,440.00 Subtotal $253,300.00 Subtotal $379,460.00
18 Curb Painting Red, White, Green, Yellow & Blue: 18 Painting of curbs 40000 $0.65 $26,000.00 Yes $1.25 $50,000.00 Subtotal $26,000.00 Subtotal $50,000.00
19 Painting of Small Stencils: 19 Painting of 3"- 4” Non-reflective letters for top of curbs 400 $10.00 $4,000.00 Yes $1.50 $600.00 Subtotal $4,000.00 Subtotal $600.00
20 Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. : 20 Pavement Markings 200000 $2.35 $470,000.00 Yes $4.40 $880,000.00 Subtotal $470,000.00 Subtotal $880,000.00
21 Removals (includes legal disposal of debris): 21 Wet Sandblasting 20000 $0.70 $14,000.00 Yes $4.60 $92,000.00 22 Removals (includes legal disposal of debris): 22 Grinding 5000 $1.10 $5,500.00 Yes $5.50 $27,500.00 Subtotal $19,500.00 Subtotal $119,500.00
23 Pre-lining (Cat-track): 23 Pre-lining 80000 $0.12 $9,600.00 Yes $0.35 $28,000.00 Subtotal $9,600.00 Subtotal $28,000.00
24 Raised Pavement Markers: 24 Retroreflective raised Pavement Markers 20000 $1.60 $32,000.00 Yes $4.50 $90,000.00 25 Raised Pavement Markers: 25 White Rumble Strips 300 $46.00 $13,800.00 Yes $3.30 $990.00 26 Raised Pavement Markers: 26 Ceramic Pavement Markers 5000 $1.25 $6,250.00 Yes $3.70 $18,500.00 Subtotal $52,050.00 Subtotal $109,490.00
Total $954,900.00 Total $1,851,885.00
Packet Page. 670
Safe Usa, Inc - Ontario, CA Chrisp Company -Bloomington, CA WGJ Enterprises Inc.,dba PCI - Azusa, CA Yes $0.30 $18,000.00 Yes $0.25 $15,000.00 Yes $0.15 $9,000.00 Yes Yes $0.40 $14,000.00 Yes $0.40 $14,000.00 Yes $0.20 $7,000.00 Yes Yes $0.60 $30,000.00 Yes $0.60 $30,000.00 Yes $0.55 $27,500.00 Yes Yes $0.60 $21,000.00 Yes $0.75 $26,250.00 Yes $0.50 $17,500.00 Yes Yes $0.80 $48,000.00 Yes $0.90 $54,000.00 Yes $0.60 $36,000.00 Yes Yes $0.60 $9,000.00 Yes $0.45 $6,750.00 Yes $0.30 $4,500.00 Yes Yes $0.40 $200.00 Yes $1.25 $625.00 Yes $0.90 $450.00 Yes Subtotal $140,200.00 Subtotal $146,625.00 Subtotal $101,950.00 Yes $4.00 $300,000.00 Yes $2.75 $206,250.00 Yes $3.00 $225,000.00 Yes Subtotal $300,000.00 Subtotal $206,250.00 Subtotal $225,000.00 Yes $0.80 $120,000.00 Yes $0.35 $52,500.00 Yes $0.48 $72,000.00 Yes Yes $1.00 $75,000.00 Yes $0.70 $52,500.00 Yes $0.60 $45,000.00 Yes Yes $1.50 $112,500.00 Yes $1.10 $82,500.00 Yes $0.95 $71,250.00 Yes Yes $1.50 $7,500.00 Yes $1.00 $5,000.00 Yes $0.95 $4,750.00 Yes Yes $1.50 $225,000.00 Yes $1.50 $225,000.00 Yes $0.95 $142,500.00 Yes Yes $1.50 $6,000.00 Yes $0.75 $3,000.00 Yes $0.68 $2,720.00 Yes Yes $4.00 $4,000.00 Yes $6.00 $6,000.00 Yes $4.00 $4,000.00 Yes Yes $1.00 $2,000.00 Yes $1.25 $2,500.00 Yes $0.95 $1,900.00 Yes Yes $1.00 $2,000.00 Yes $2.00 $4,000.00 Yes $1.00 $2,000.00 Yes Subtotal $554,000.00 Subtotal $433,000.00 Subtotal $346,120.00 Yes $1.00 $40,000.00 Yes $3.00 $120,000.00 Yes $0.85 $34,000.00 Yes Subtotal $40,000.00 Subtotal $120,000.00 Subtotal $34,000.00 Yes $7.00 $2,800.00 Yes $2.50 $1,000.00 Yes $15.00 $6,000.00 Yes Subtotal $2,800.00 Subtotal $1,000.00 Subtotal $6,000.00 Yes $4.00 $800,000.00 Yes $5.50 $1,100,000.00 Yes $6.86 $1,372,000.00 Yes Subtotal $800,000.00 Subtotal $1,100,000.00 Subtotal $1,372,000.00 Yes $4.00 $80,000.00 Yes $3.00 $60,000.00 Yes $2.20 $44,000.00 Yes Yes $4.00 $20,000.00 Yes $1.50 $7,500.00 Yes $2.20 $11,000.00 Yes Subtotal $100,000.00 Subtotal $67,500.00 Subtotal $55,000.00 Yes $0.50 $40,000.00 Yes $0.10 $8,000.00 Yes $0.20 $16,000.00 Yes Subtotal $40,000.00 Subtotal $8,000.00 Subtotal $16,000.00 Yes $4.00 $80,000.00 Yes $5.00 $100,000.00 Yes $3.75 $75,000.00 Yes Yes $1.00 $300.00 Yes $7.50 $2,250.00 Yes $100.00 $30,000.00 Yes Yes $2.00 $10,000.00 Yes $4.00 $20,000.00 Yes $3.10 $15,500.00 Yes Subtotal $90,300.00 Subtotal $122,250.00 Subtotal $120,500.00 Total $2,067,300.00 Total $2,204,625.00 Total $2,276,570.00

VALUES DIFFER FROM THE VENDOR SUBMITTED PRICE FORM
bu
s, Inc. - Beaumont, CA
Packet Page. 671

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park
Improvements (Ward 6)
Recommendation:

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

1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and

2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and

3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Executive Summary:

Awarding the Agreement for construction management and construction inspection services (CMCI), for the Nicholson Park Improvements Project would allow the construction of park amenities, returning the park to a safe and attractive condition.

The Agreement would allow the City to issue Z&K Consultants a Notice to Proceed.

The agreement will include Z&K Consultant’s management and inspection services fee of $471,876. Additional funds are recommended for contingencies in the amount of $47,187. The total cost for the CMCI, including contingencies is $519,063.

Packet Page. 672
Background
Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned 9.52- acre park facility that includes recreational amenities and a community center building.

The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues to see some general community use, the community center building has been closed for programming for several years due to financial challenges.

Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activities at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair.

During preparation of the FY 2020/21 Capital Improvement Program (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood.

On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget included CIP Project PR21-006 for Nicholson Neighborhood Park Improvements (“Project”). Funding to support the Project has been established in the amount of $1,000,000 in Community Development Block Grant (CDBG) funding and $150,000 in Meadowbrook Insurance Claim funds, for a total Project budget of $1,150,000.

On March 3, 2021, the Mayor and City Council adopted Resolution No. 2021-37 approving award of a Design Services Agreement with RHA Landscape Architects - Planners, Inc. for the Nicholson Park Improvements in the amount of $215,295.

On February 2, 2022, the Mayor and City Council adopted Resolution No. 2022-26 allocating $8,850,000 in American Rescue Plan Act (ARPA) funds to complete the project.

On August 3, 2022, the Mayor and City Council approved Amendment No. 1 to the Professional Design Services Agreement with RHA Landscape Architects - Planners, Inc. adding extra design services in the amount of $197,250 and increasing the purchase order to a total amount not-to-exceed $412,545 for the preliminary design of Nicholson Park.

On August 2, 2023, the Mayor and City Council approved Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc. adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount not-to-exceed $459,845 for the preliminary design of Nicholson Park.

On December 6, 2023, the Mayor and City Council awarded a construction agreement to Urban Habitat in the amount of $8,147,197.56 and approved additional funds for Packet Page. 673
construction contingencies and construction management costs in the amount of $1,290,000.

Discussion
This project includes the construction of various park improvements including, but not limited to, baseball fields, playground equipment, exercise equipment, lighting, parking lot, fencing, picnic tables, drinking water fountains, and restrooms. Project design was completed, and was awarded for construction in December of 2023. Construction management and inspection services are now needed to help meet project budget, schedule, and labor compliance requirements.

On December 21, 2023, the City staff requested proposals for construction management and inspection services (CMCI), for the Nicholson Park Improvements Project. Staff requested three proposals from the On-Call Consultant List and received two proposals from the following firms:
• Z&K Consultants, Inc.
• Infrastructure Engineers
During the review of the technical proposals, staff evaluated the proposals using the following criteria:
• Expertise and experience, including the firm's work on comparable engagements, quality of the firm's personnel assigned to the project, and the quality of the firm's management support personnel.
• Appropriateness of services outlined in the proposal to meet the City's need. • Distinguishing features, skills, and/or services.
• Cost reasonableness.
• Additional services beyond the scope of work, at no additional cost to the City.

Z&K was considered the most qualified based on their well-prepared proposal, excellent examples of similar engagements, constructability review of the project, comprehensive scheduling of the project, their detailed approach to the project, and their proposed staff experience of similar engagements. Compensation for CMCI contracts is based on a time and materials basis with hourly rates secured for a construction manager, senior construction inspector, and clerical support. The cost proposals submitted by all the firms consisted of estimated hours for each project and hourly rates for the positions noted below. The following table contains the estimated cost for CMCI services for the project based on hours and rates received from each proposing firm for the specific personnel assigned to manage the City’s construction projects. The hourly rates are reasonable and are comparable to the hourly rates the City is currently paying for similar services. Table 1 below summarizes the cost comparison of proposals.

Table 1 – Cost Proposal Comparison
Packet Page. 674
Z&K Consultants, Inc $471,876.00
Infrastructure Engineers $390,000.00
Hernandez, Kroone & Associates Did Not Submit
A reasonable cost for CMCI services is typically 10-15% of the construction cost. With smaller, less expensive projects, this percentage is typically on the higher side. Z&K’s cost is at 5.7% of the construction cost and includes the following additional services that the other consultant’s proposal did not include:
• Labor compliance services during construction. The labor compliance services for this project were estimated to be approximately $50,000 to satisfy grant funding requirements. Z&K is providing this service for $14,430.00 allowing the City to save approximately $35,570 on these services by including them under Z&K’s contract rather than another consultant.
• Surveying quality assurance during construction.
• Pre-construction services.
• Preparing the Weekly Statement of Working Days.
• Providing a Certified Playground Equipment Inspector. • Weekly Drones for the project.
• Weekly Newsletters summarizing project progress and updates to be distributed to City Management.
• Scheduling during construction.

Z&K’s costs for the services are well under the industry standard for similar projects and services. The cost of the other consultant was lower; however, it did not provide the above services that Z&K will be providing under this Agreement. These additional services are necessary for the project.

After the evaluation of proposals and cost, Z&K was ranked as the most qualified firm.

The panel was most impressed by the following:
• Z&K’s prior experience with the project funding (ARPA Funding and CDBG Funding)
• Z&K has delivered over 33 park projects and are currently delivering park projects for the City of Newport Beach, the City of La Habra, the City of South Gate, and the City of Lake Forest.
• The Z&K staff proposed on the project are local to the City of San Bernardino. This allows for prompt response time to project issues over the weekend or after working hours.
• Z&K’s senior construction manager and senior construction inspector both have extensive experience with park improvement projects.
• Z&K also presented a unique approach to managing the construction of the park projects by using a “risk management log.” The log is used to identify areas of risk based on lessons learned from previous projects, along with proposed solutions.

The log includes items such as utility/agency coordination, change order controls, and community outreach.

Packet Page. 675
• Z&K stressed the importance of keeping the nearby residents and businesses informed of the project status and any impact on their neighborhood.

The total fee for Z&K Consultant’s construction management and inspection services is $471,876. In addition to these services, staff recommend approval of a contingency in the amount of $47,187 to provide for any unforeseen work. The total cost of the proposed services and contingency is $519,063.

Funding for the Project was previously established in FY 2020/21 CIP budget in the CDBG and Liability Insurance funds, in addition to the allocation of ARPA funds in FY 2021/22.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Nicholson Neighborhood Park will improve community participation for new recreational activities and provide a safe and well-maintained community park.

Fiscal Impact
There is no General Fund impact with this item. To date, there is a budget balance of $9.6 million for this project coming from ARPA, CDBG and Meadowbrook Insurance Claim funds.

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

1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and

2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and

3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Agreement with Z&K Consultants
Attachment 2 Z&K Proposal
Attachment 3 Location Map
Ward:

Ward 6
Packet Page. 676
Synopsis of Previous Council Actions:

April 15, 2020 Mayor and City Council approved the City's FY 2020/21 CDBG Action Plan.

June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21.

March 3, 2021 Resolution No. 2021-37 adopted agreement with RHA Landscape Architects - Planners, Inc. to provide the design services for the Nicholson Neighborhood Park.

February 2, 2022 Mayor and City Council adopted Resolution No. 2022-26 assigning American Rescue Plan (ARP) funds in the
amount of $8,850,000 to the Nicholson Park Project in lieu of future grant funding.

August 3, 2022 Amendment No. 1 to agreement with RHA Landscape Architects - Planners, Inc. to provide additional design services for the Nicholson Neighborhood Park.

August 2, 2023 Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design
December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park Improvements
Packet Page. 677
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND Z & K CONSULTANTS, INC.

This Agreement is made and entered into as of February 21, 2024 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 Z & K Consultants, Inc. a California corporation with its principal place of business at 17130 Van Buren Boulevard #122 Riverside, CA 92504 (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:

Construction Management and Inspection Services for Nicholson Park Improvements (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.
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.” Packet Page. 678
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $519,063 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.

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

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

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 Packet Page. 679
3 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.

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.

13. City Business Certificate. Consultant shall, prior to execution of this Packet Page. 680
4 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.

Packet Page. 681
5 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. (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.

Packet Page. 682
6 (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.
g. Aviation and/or Drone Liability
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.

Packet Page. 683
7 h. 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
Aviation and/or Drone Liability $1,000,000 per occurrence limit (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.
i. 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. j. 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 Packet Page. 684
8 Consultant shall provide at least ten (10) days prior written notice of cancellation of any 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. k. 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.
l Additional Insurance Provisions
Packet Page. 685
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. m. 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.

Packet Page. 686
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.

Packet Page. 687
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.

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.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Packet Page. 688
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 Zack Faqih 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.

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Director of Public Works
With Copy To:

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

Z&K Consultants Inc.
17130 Van Buren Boulevard #122
Riverside, CA 92504
Attn: Crystal Fraire

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.

Packet Page. 689
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.

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

Packet Page. 690
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.

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.

44. Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 691
15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND Z & K CONSULTANTS, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Z & K CONSULTANTS, INC.

Signature
Name
Title
Packet Page. 692
16 EXHIBIT A

SCOPE OF SERVICES/SCHEDULE OF CHARGES AND PAYMENTS/ACTIVITY

SCHEDULE
[ATTACHED]
Packet Page. 693
17 EXHIBIT B

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

Packet Page. 694
18 (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

Packet Page. 695
19 The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in Packet Page. 696
20 excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, Packet Page. 697
21 and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring Packet Page. 698
22 solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPAdesignate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

Packet Page. 699
23 (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

Packet Page. 700
24 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.

Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.

Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.

Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting Packet Page. 701
25 discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
Packet Page. 702
26 (2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce onthe-job seat belt policies and programs for their employees when operating companyowned, rented or personally owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services Packet Page. 703
27 and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.

Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act Packet Page. 704
28 of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the noncompliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
(x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

Packet Page. 705
JANUARY 10, 2024

REQUEST FOR PROPOSAL (RFP)

CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE NICHOLSON

PARK CONSTRUCTION PROJECT

CITY OF SAN BERNARDINO

DEPARTMENT OF PUBLIC WORKS
Packet Page. 706

LETTER OF TRANSMITTAL
Azzam Jabsheh, PE, TE, Acting City Engineer January 10, 2024 209 North “D”, Public Works Department
San Bernardino, CA 92401
Subject: Request for Proposal for Construction Management and Inspection Services for the Nicholson Neighborhood Park Improvements Project
Dear Mr. Jabsheh,
Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of San Bernardino for Construction Management and Inspection Services for the Nicholson Park Construction Project.

Z&K is a certified Disadvantaged Business Enterprise (DBE), Women’s Business Enterprise (WBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Project Management, Construction Administration, Construction Inspection, Pre-Construction Inspection, Construction Management, Staff Augmentation, and other Professional Engineering Consulting Services. The Z&K Team has delivered numerous similar projects for local agencies.

Z&K is proposing the same experienced team members that successfully managed numerous park improvement projects with similar project features and improvements, including Converse Consultants as a subconsultant providing Material Testing Services. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays.

Z&K is proud to provide site walks with City staff and elected officials at any time throughout the project to discuss project progress and schedule.

Zack Faqih, PE, CBO, MSCE, QSD/P, ICC Certified will lead the team as the Construction Manager/Resident Engineer. Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to successfully deliver this impactful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our key team members (CM/RE, Senior Construction Inspector, Licensed Landscape Architect, and PM/OE) have over 100 combined years of specialization experience in Construction Management and Inspection services for public agencies and have 100% commitment to the City of San Bernardino project.

Our proposed Construction Manager/Resident Engineer, Zack Faqih, and our Senior Construction Inspector, Thomas (Tommy) Russell, are thoroughly familiar with the project and have performed a preliminary constructability review of the project plans and specs and have performed multiple site visits. Our team has prepared a comprehensive risk matrix for this Project. Zack Faqih, PE, QSD/P, MSCE, CBO, ICC Certified, will personally lead the Z&K Team as the Construction Manager/Resident Engineer. Mr. Faqih has a strong team of high-quality senior professionals to perform the tasks outlined in this RFP.

In addition to extensive Park Improvement Project Experience, Zack Faqih and Tommy Russell are vastly experienced with the 2022 California Building Code. Both Zack and Tommy have extensive experience working for Public Agencies for over half of their careers. Zack has served as the Deputy Building Official for various Public Agencies and is ICC Certified in all the building trades. The Z&K team will act seamlessly as an extension of City staff.

Brittany Duhn, Project Manager/Office Engineer, and Amber Garcia, Labor Compliance Officer, have extensive experience with the project funding and the project administration and documentation that is required. We have created a unique staffing plan to meet the City’s needs and expectations for this Project.

We understand that the project has $8,850,000 in American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) and Liability Insurance funds. Our team members have prior experience with these funding sources and are recognized as experts in contract administration and documentation for reimbursements.

We will provide weekly drone photos of the site during construction and a Weekly Newsletter summarizing the previous weeks activities, upcoming activities, and project progress for the internal use of the City. The following link are drone photos that we took during multiple site visits to document the existing conditions of the site:
https://www.dropbox.com/scl/fo/rz3be4v3uliy1innxxid4/h?rlkey=9n6keqw8u9kxjjq6lw5y6sluo&dl=0.

Our team members’ versatile experience in similar park projects providing construction management and inspection services and our unique staffing plan to meet all technical project needs makes the Z&K team uniquely qualified to provide the requested services. We have a track record of performing outstanding services on similar projects through saving significant time and cost from identification of the various critical elements controlling the project schedule to providing alternate practical solutions. Z&K is proud of our reputation for having seasoned personnel and of the industry’s recognition of our ability to deliver complex capital improvement projects ahead-of-schedule, under budget, without claims, and with outstanding customer service for the local community.

The proposed Z&K
Team are experts of
Park Projects. Z&K has
successfully provided
similar services for over
33 Park Projects
within the last 5
years, including the
following agencies:

City of South Gate
City of La Quinta
City of Tustin
City of San
Bernardino
City of Lynwood
City of Lake Forest
City of Costa Mesa
City of Hemet
City of Chino
City of Beaumont
City of La Habra
Z&K has provided
inspection services
on numerous parks
within San
Bernardino.

Our team has extensive
experience with the project
funding sources and
understands the required
contract administration and
documentation
requirements.

Packet Page. 707
We understand that the City’s longtime goal is to restore the park and its amenities to draw positive activities back to the area, restore and expand recreational opportunities for the surrounding neighborhood. Nicholson Neighborhood Park is a City-owned 9.52-acre park facility located at 2737 West 2nd Street. The park includes recreational amenities and a community center building. The community center building has been closed due to financial challenges and the park area has continued to be accessible for general community use. The park has been a target for vandalism due to the lack of programmed activities and use at the site. We are excited about this impactful rehabilitation project to revitalize the park and the surrounding community. On March 3, 2021, RHA Landscape Architects – Planners, Inc. was awarded the contract to begin design services for Nicholson Park.

Z&K has exceptional experience providing similar services for projects for Southern California municipal agencies in the following project types/features: park rehabilitations, park improvements, clearing and grubbing, tree removal, open play fields, unclassified excavation and unclassified fill, signage, traffic control, detours, phasing plans, demolition, grading, ADA ramps, sidewalk, new parking lots, play areas, new concrete walkways, concrete paving, ballfields, picnic shelters, restroom/concession building, site furnishing, drainage, landscaping, light poles, fixtures, pull boxes, footings, switchboards, tubular steel fencing, mow curb, seat walls, double swing gates, accent pilasters, accent walls, drinking fountains, chain link gates, benches, trash enclosures, BBQ grills, bike racks, exercise stations, park monuments, playground equipment, driveway approaches, curb and gutter, ADA parking stalls, landscaping, irrigation, sod, basketball court surfacing, snack bars, restrooms, equipment rooms, new trees, turf, and shrubs, Southern California Edison coordination, picnic shelters, shade structures, steel trellises, walking/running trails, sports courts, amphitheaters, planting, lighting and security, striping and signage, utility improvements, utility relocations, traffic control, telecommunications, public facilities improvements, on-site development improvements, Storm Water Pollution Prevention (SWPPP), and ADA Improvements.

We understand that the City awarded the Construction of Nicholson Neighborhood Park Improvements to Urban Habitat in the amount of $8,147,197.56. A total of six sealed bids were received on August 31, 2023. The highest bid was $12,055,500.00 and Urban Habitat was awarded the contract as the lowest responsible and responsive bidder with a total base bid amount of $8,147,197.56. We have worked with Urban Habitat on numerous previous projects and have a great working relationship with their Team.

Our Licensed Landscape Architect, Charles Lamb, RLA, has extensive park design and construction management experience and will bring unmatched expertise and technical support as dictated by the project needs. Zack and Tommy have a combined over 60 years of park improvement experience. Zack has all ICC Certifications for commercial building construction and have over 28 years each in experience in structural and masonry walls, slab on grade foundation, different type of concrete construction and general commercial building construction. Zack is ICC certified in welding, steel, reinforced concrete, and numerous others. Our Team will provide
construction management and inspection
services for the construction of the Nicholson
Neighborhood Park Improvements project. We
understand that services will include contract
administration, construction management, inspection, utility coordination, labor compliance, geotechnical and material testing services, and project close-out. The personnel identified bring specific and extensive field experience and have the qualifications required in the RFP. Our team can assist the City with all aspects of the requested services.

I will serve as the contact person for all communications pertaining to the proposal for the full duration of the contract and I am authorized to obligate the firm to fulfill the commitments contained in the proposal. Z&K understands the scope of services to be provided and has the overall ability and qualifications to conduct the work and provide services as it relates to the Invitation Letter. Our team acknowledges the Q&A released via email on December 21, 2023. By signing below, I attest that all information submitted is true and correct. All contains of this Proposal shall remain valid for a period of not less than 60 calendar days from the date of submittal. We are excited about this opportunity to serve the City of San Bernardino and are committed to the successful and early completion of this important and impactful project.

Sincerely,
Crystal Fraire, PE | President, Z&K Consultants Inc.
17130 Van Buren Blvd. #122 | Riverside, CA 92504
Phone. 951.310.7470 | Fax. 949.630.3242 | [email protected] Our CM/RE and Senior
Inspector have extensive
experience with the key
issues of this project:
• Site Security
• Homelessness
• Long Lead Items
Our team is excited for this
impactful project that will
revitalize the park and
surrounding community and will
return the park to a safe and an
attractive condition for the
community to gather and reduce
vandalism to the existing park,
meeting Target No. 4: Economic
Growth & Development.

Our CM/RE has
successfully delivered
over 26 park
improvement projects
and our Sr. Inspector
has delivered over 17
park improvement
projects.

We have a great working
relationship with the selected
Contractor Urban Habitat and have
provided managed them on a park
project in La Quinta and in projects
within the City of San Bernardino.

Packet Page. 708
Table of Contents

Qualifications, Project Experience and References................................................................ 1 Proposed Project Team.............................................................................................................. 7 Project Understanding, Scope, and Approach ..................................................................... 11 Fee Proposal .................................................................................... Separate Sealed Envelope Appendices:

Appendix A. Resumes
Appendix B. Sample Documents
Appendix C. Forms

Packet Page. 709

QUALIFICATIONS, PROJECT EXPERIENCE

AND REFERENCES
Packet Page. 710

Page 1 ends

Mayor and City CouncilFebruary 21, 2024

Mayor and City Council
February 21, 2024