local vendor will be recommended for award. Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.
The County’s Local Preference Policy means for example, if two Bidders are responding to this ITB and if quality, service and ability to meet the County’s needs are equal, County staff must determine if one of the Bidders is a local vendor. Bidders may self-certify as a local vendor by submitting Attachment A – Local Vendor Preference Self-Certification. If one of the Bidders is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other Bidder’s quoted price or cost, unless it is determined that an exemption applies, staff must give the local vendor an opportunity to match the lowest quoted price to be recommended for the contract award.
Section III: Standard Terms and Conditions
The terms below apply to any subsequent contract awarded to a successful Bidder.
1. DEFINITIONS
A. “Bidder" shall mean any person, firm, partnership, or corporation submitting a Bid to County in response to this ITB.
B. "County" shall mean the San Bernardino County, California
C. "Contractor" shall mean the Bidder whose Bid is accepted by County and who has entered into an agreement with County to provide the goods, equipment and/or services described herein.
2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST
In submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted, it will assign to the County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 1 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the County pursuant to the Bid. Such assignment shall be made and become effective at the time the County tenders final payment to the Contractor.
3. CAL OSHA
As applicable, all items furnished under this Bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended.
4. FORMAL BIDS
In the event this Bid results in a contract and/or purchase order, terms and conditions of this Bid are incorporated therein and form a part of the purchase order.
5. DELIVERY
Time is of the essence, and the contract and/or purchase order is subject to termination for failure to deliver on time. The acceptance by County of late performance with or without objection or reservation shall not
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waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Contractor.
6. INSPECTION
All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery.
7. TERMINATION FOR DEFAULT
The County may, by written notice of default to the Contractor, terminate any resulting order in whole or in part should the Contractor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price.
A. If, after notice of termination of any resulting order under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for convenience as set forth below.
B. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.
8. TERMINATION FOR CONVENIENCE
The County may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination:
A. The unit or pro rata price for the delivered and accepted portion.
B. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price.
C. In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated.
D. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.
9. TITLE
Title to the material and supplies purchased shall pass directly from Contractor to County upon delivery to the County destination, subject to the right of County to reject upon inspection, unless other arrangements have been made with the County in writing in advance.
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10. VARIATIONS IN SPECIFICATIONS
The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County.
11. AVAILABILITY OF FUNDING
The maximum amount of payment under this Contract shall be subject to availability of funds to the County.
12. INSPECTION OF MATERIALS/SUPPLIES
All performance (which includes materials, supplies and equipment furnished or utilized in the performance of the Contract) shall be subject to inspection and test by the County at all times during the term of the Contract and/or purchase order. The Contractor shall provide adequate cooperation to any inspector assigned by the County to permit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the County shall be made in such a manner as not to unduly interfere with Contractor performance.
13. DISPUTES
A. Except as otherwise provided in the Contract, any dispute concerning a question of fact regarding a provision of the Contract which is not disposed of by agreement shall be decided by the Director of Purchasing who shall furnish the decision to the Contractor in writing. The decision of the Director of Purchasing shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the C ontract pending the Director of Purchasing’s decision.
B. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above. Nothing in the Contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
C. In the event of any dispute, claim, question or disagreement arising from or relating to the Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
14. CHANGES
The Director of Purchasing may at any time, by written order, make changes within the general scope of the Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. Such changes will become effective not less than 30 days after notice of such changes are provided to Contractor. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under the Contract , whether changed or not changed by any such order, the parties shall negotiate an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that if the Director of Purchasing decides that the facts justify such action, the Director of Purchasing may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Where the cost of property
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made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Director of Purchasing shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of the Contract entitled "Disputes". If no agreement can be reached on the changes, at the County’s option the Contractor may continue to proceed with the Contract without the changes becoming effective, or the County may terminate the Contract for convenience in accordance with the applicable provisions in the Contract.
15. ASSIGNABILITY
The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto.
Notwithstanding the foregoing, Contractor may assign claims for money due or that become due to the Contractor from the County under the Contract without such approval, provided that such assignment is not in violation of, nor would cause the County to be in violation of, applicable law. Written notice of any such assignment or transfer shall be furnished promptly to the County.
16. INDEMNITY
Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of the Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnif ication provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence.
17. CONDUCT OF CONTRACTOR
A. The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County.
B. The Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C. The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with the Contract. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement.
D. The Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the Contract.
The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of
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the County with respect to the Bid and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded.
The Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with s upervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
18. DISALLOWANCE
In the event the Contractor receives payment for services under the Contract which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County.
19. GOVERNING LAW AND VENUE
The Contract shall be construed and interpreted according to the laws of the State of California. The parties agree that the venue of any action or claim brought by any party to the Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue.
20. AUDIT AND INSPECTION OF RECORDS
A. General. The County shall have the audit and inspection rights described in this section.
B. Cost or pricing data. If the Contractor submitted cost or pricing data in connection with the pricing of the Contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Director of Purchasing or his/her representatives who are employees of the County or its agent shall have the right to examine all books, recor ds, documents and other data of the Contractor related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted.
C. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three years from the date of final payment under the Contract, or by (1) and (2) below:
1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement.
2. Records which relate to appeals under the "Disputes" clause of the Contract, or litigation or the settlement of claims arising out of the performance of the Contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after C ontract completion, whichever is longer.
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D. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract.
21. PATENT AND COPYRIGHT LICENSE
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge the County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with the County prior to publication.
The Contractor shall report to the Director of Purchasing, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the Contract of which the Contractor has knowledge.
22. CONTRACTOR REPRESENTATION
Unless the Contractor expressly states otherwise in its Bid, where functional requirements are expressly stated as part of the requirements of this solicitation, the Contractor, by responding, represents that in its opinion the materials and/or system proposed is capable of meeting those requirements. In the event of any inconsistency between the functional specifications and the detailed specifications contained in the solicitation, the former will control.
23. WARRANTY
Contractor agrees that the equipment or supplies to be furnished shall be covered by the most favorable commercial warranties the Contractor gives to any customer for the same or substantially similar equipment or supplies and that the rights and remedies so provided are in addition to and do not limit any rights afforded to County.
24. PERMITS, NOTICES, FEES AND LAWS
The Contractor shall, at Contractor's expense, obtain all necessary permits and licenses, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to work and to the preservation of the public health and safety.
25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH
Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to the Contract, including any requirements specified in state government codes.
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26. FINDINGS CONFIDENTIAL
Any reports, information, data, etc., given to or prepared or assembled by the Contractor under the Contract which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County.
27. NOTICE
Any notice or notices required or permitted to be given pursuant to the Contract may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth herein.
28. PRODUCT IDENTIFICATION AND LABELING
Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act and Section 12604 of the California Business and Professions Code.
29. DRUG & ALCOHOL FREE WORKPLACE
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of the Contract, Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
A. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
B. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
D. Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
E. The County may terminate for default or breach of the Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
30. ORDERING
County shall issue a contract/purchase order containing all applicable requirements to Contractor. .
Contractor shall complete delivery of items ordered to destinations set forth in the contract/purchase order.
Each contract/purchase order shipment shall be accompanied by a delivery confirmation or bill of lading itemizing all materials, goods, supplies or equipment shipped. Partial shipments are acceptable.
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31. PAYMENTS AND INVOICES
The County is precluded from making payments prior to receipt of equipment or supplies (advance payments). The procurement of these products may be funded in whole, or in part, with federal funds (see Attachment D – Appendix II to Part 200, Title 2 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
Original detailed invoices will be submitted monthly, or at the completion of each phase or task, or at Contract completion to the address specified below:
• Mail/Deliver invoices to: San Bernardino County Sheriff’s Department Attn: Bureau of Administration – Automotive Division
655 East Third Street
San Bernardino, CA 92415
• Email invoices to: [email protected]
A. Reserved
B. The invoice must identify the corresponding purchase order number(s).
C. The invoice must specify items and deliverables for all items on the purchase order as described on the “Pricing Schedule.”
D. Payment shall be Net 60 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of merchandise or invoice, whichever is later.
E. Payments shall not be provided for services deemed unacceptable by the County or its designee.
F. Bidder shall accept all payments from County via electronic fund transfer (EFT) directly deposited into the Bidder’s designated checking or other bank account. Bidder shall promptly comply with directions and accurately complete forms provided by Department required to process EFT payments.
32. FLAMMABILITY AND TOXICITY
Materials furnished under the Contract must meet or exceed minimum California State Fire Marshal's standard for flammability and toxicity for institutional fabrics. Contractor shall provide evidence of the California Fire Marshal's test results and approval number.
33. CONTRACT ADMINISTRATION
The Director of Purchasing is the designated Contracting Officer and is the only County official authorized to make any changes to the Contract or Purchase Order.
The County has designated the following individual as the Contracting Officer's Representative (COR):
Sheriff’s Administrative Manager – Contracts/Procurement Unit, or their designee San Bernardino County Sheriff’s Department – Bureau of Administration 655 East Third Street
San Bernardino, CA 92415
909-387-3602
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When necessary, the COR will chair contractor progress meetings and will coordinate the County's contract administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor Services, and provide other technical guidance as required.
The COR is not authorized to change any terms and conditions of the Contract. Changes to the scope of work will be made only by the Purchasing Agent and/or the Contracting Officer in accordance wi th the change provisions above.
34. RIGHT TO ACQUIRE EQUIPMENT
Nothing in this agreement shall prohibit the County from acquiring the same type or equivalent equipment, goods, materials, or supplies from other sources, when deemed by the County to be in its best interest.
35. NON-DISCRIMINATION
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
36. SEVERABILITY
Should any part of the Contract be held to be invalid by a court of competent jurisdiction, the remainder of the Contract shall be considered as the whole agreement and be binding on the contracting parties.
37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). By submitting a Bid or proposal, Proposer represents that it is not a target of Economic Sanctions. Should it be determined Proposer is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Proposer’s Bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the County.
38. RESERVED
39. C AMPAIGN CONTRIBUTION DISCLOSURE (SB 1439)
Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of Contractor.
Contractor has disclosed to the County using Attachment C - Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of
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Supervisors or County elected officer [Sheriff, Assessor- Recorder-Clerk, Auditor-Controller/Treasurer/Tax Collector and the District Attorney] within the earlier of: (1) the date of the submission of Contractor’s proposal to the County, or (2) 12 months before the date the Contract was approved by the Board of Supervisors.
Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer for 12 months after the County’s consideration of the Contract.
In the event of a proposed amendment to the Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors or County elected officer within the preceding 12 months of the date of the proposed amendment.
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ATTACHMENT A
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ATTACHMENT B
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No. SHR124-ADMSR-5118
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Attachment C
Campaign Contribution Disclosure
(SB 1439)
INVITATION TO BID INFORMATION
Invitation to Bid Title:
Invitation to Bid Number:
DEFINITIONS
Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor -Recorder-Clerk, District Attorney, Auditor -Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter for the purpose of influencing the County’s decision on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter.
Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.
Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.
For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities.
Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.
Bidder must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.
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1. Name of Entity/Individual submitting a bid:
2. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision:
3. Name of agent:
Company Name Agent(s)
4. Name of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the proposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed special district.
Company Name Subcontractor(s): Principal and/or Agent(s):
5. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ No ☐
6. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors or other County elected officer on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-4?
No ☐ If no, please skip Question No. 7.
Yes ☐ If yes, please continue to complete this form.
7. Name of Board of Supervisor Member or other County elected officer:
Name of Contributor:
Date(s) of Contribution(s):
Amount(s):
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Please add an additional sheet(s) to identify additional Board Members/County elected officers to whom anyone listed made campaign contributions.
By signing the Bid, Bidder certifies that the statements made herein are true and correct. The Bidder understands that the individuals and entities listed in Question Nos. 1-4 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officers while this matter is pending and for 12 months after a final decision by the County.
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ATTACHMENT D
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No. SHR124-ADMSR-5118
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San Bernardino County
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Invitation to Bid
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No. SHR124-ADMSR-5118
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CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 17th day of April 2024, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and Fairview Ford Sales, Inc, a California Corporation with its principal place of business at 292 N. G Street, San Bernardino, CA 92410 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
DEFINITIONS.
“Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.
INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under 0. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
WARRANTY.
Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under 0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
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Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this 0.
For any breach of the warranties contained in 0 and 0, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
Repair the defective Goods;
Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods.
Supplier agrees to indemnify, defend, and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
In the event of a breach by Supplier of its obligations under this 0, City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes to the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.
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PAYMENTS.
Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the Goods.
If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.
Payment of the final Progress Milestone payment or any retention will be made by City upon:
Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; Written acceptance of the Goods by City;
Delivery of all drawings and specifications, if required by City; Delivery of executed full releases of any and all liens arising out of this Agreement; and Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to 0 will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
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SCHEDULE FOR DELIVERY.
The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of 10% of the purchase cost per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
TAXES.
Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.
Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.
Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in 0, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.
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TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.
INDEMNIFICATION.
Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
INSURANCE.
General. Supplier shall take out and maintain:
Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
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Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers.
The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
LIENS.
Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
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Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
TERMINATION OF AGREEMENT BY CITY.
Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
On receipt of notice under 0, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
Upon termination pursuant to 0, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to 0.
FORCE MAJEURE
Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine
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restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
MISCELLANEOUS PROVISIONS.
Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Michele Mahan, Lieutenant
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
Fairview Ford Sales
292 N. G Street
San Bernardino, CA. 92410
Attn: Todd Eff
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.
Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
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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.
Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
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.
Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND FAIRVIEW FORD SALES INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
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
FAIRVIEW FORD SALES
Signature
___________
Name
Title
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Exhibit A
Goods Specifications
Police Interceptor Requirements
The vehicles should meet the following requirements:
•2025 Police Interceptor (black with white doors and roof) •4DR All Wheel Drive with a 119” wheel base
•Front driver and passenger seats should be cloth bucket seats •3.3 L V6 engine
•10 speed automatic transmission
•Hidden door lock plunger
•Red/white cargo dome lamp
•Rear door locks should be inoperable
•Common key code with San Bernardino PD Vehicles
•Secure Idle
•Reverse sensing
•Rear view mirror with camera
•2 driver and passenger ballistic level III Plus door panels •2 spot lights (one on driver and one on passenger side) •Blind Spot Information System
Maverick Pickup Truck Requirements
The vehicles should meet the following requirements:
•2025 Maverick Pickup Truck (solid white)
•4DR
•2.0 L. EcoBoost engine with automatic continuously variable transmission •Front cloth bucket seats in black
•Rear cloth bench seat in black
•100A equipment group
•Rear vision camera
•Full size spare wheel and tire
•Remote keyless entry system with (4 key fobs)
•Reverse sensing
•All weather floor liners
•Locking tailgate
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Exhibit B
Delivery Schedule
Vehicles should be delivered within 30 days of the dealership taking delivery of the vehicles from the manufacturer.
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Exhibit C
Fee Schedule
See Attached Pricing Forms from Fairview Ford Sales Inc.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Acceptance of Fiscal Year 2022 Emergency
Management Performance Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-076, authorizing:
1. The acceptance of the Fiscal Year 2022 Emergency Management Performance Grant; and
2. The amendment of the Fiscal Year 2023/2024 Adopted Budget in both revenue and expenditures by $40,866.
Executive Summary
The City of San Bernardino receives formulary grant funds from the Emergency Management Performance Grant (EMPG) program on an annual basis, and the grant award is managed by the Police Department. The City was awarded $40,866 for Fiscal Year 2022. The funding will be allocated to projects that enhance the City’s response to emergency events.
Background
The City of San Bernardino has participated in the Emergency Management Performance Grant (EMPG) program for several years. The purpose of this grant program is the support of emergency management at the local, tribal, and state levels to prepare for, mitigate, respond to, and recover from emergencies or disaster incidents. The Police Department currently has the responsibility for this grant and has previously used EMPG grant funds to improve its response capabilities during disasters and emergency events. For Fiscal Year 2022, the City received $40,866 in funds from the EMPG program.
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Discussion
The County of San Bernardino administers the EMPG program and provides grants to local agencies via a non-competitive grant formula. The County charges an administrative fee of 5% and distributes the remaining grant funds among the cities and towns within the county. Each city’s portion is determined on a per capita basis.
The City of San Bernardino’s portion of this award for Fiscal Year 2022 was $40,866.
The EMPG grant program is designed to aid the funding of projects related to preparing for, responding to, mitigating, and recovering from emergencies or disasters, both natural and man-made. This is a reimbursement grant that is awarded each year and has a two-year performance period. The grant conditions include a requirement that the City provide a matching contribution, which will be fulfilled through in-kind personnel costs of the employee assigned to manage the grant program. For the Fiscal Year 2022 EMPG grant, the performance period will last from July 1, 2023, through June 30, 2024. During that period, the Police Department will be responsible for the completion of grant projects and the compliance with grant terms. 2021-2025 Strategic Targets and Goals
The request to authorize the receipt and expenditure of grant funds aligns with Key Target No. 1. Improved Operational and Financial Capacity, implement, maintain, and update a fiscal accountability plan.
Fiscal Impact
The Fiscal Year 2023/2024 Operating Budget will be amended in both revenues and expenditures in the amount of $40,866. The General Fund impact associated with this item is $40,866. This is the required match for the grant, which will be fulfilled through in-kind personnel costs of the employee assigned to manage the grant program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-076, authorizing:
1. The acceptance of the Fiscal Year 2022 Emergency Management Performance Grant; and
2. The amendment of the Fiscal Year 2023/2024 Adopted Budget in both revenue and expenditures by $40,866.
Attachments
1. Attachment 1 EMPG Resolution No. 2024-076
2. Attachment 2 Fiscal Year 2022 EMPG Project Approval Notification
3. Attachment 3 EMPG Allocation Matrix
Ward:
All Wards
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Synopsis of Previous Council Actions:
January 19, 2022 Mayor and City Council adopted Resolution No. 2022-14 authorizing the acceptance of the 2021 EMPG grant.
July 2, 2021 Mayor and City Council adopted Resolution No. 2021-134, authorizing the acceptance of the 2020 EMPG grant.
July 15, 2020 Mayor and City Council adopted Resolution No. 2020-168, authorizing the acceptance of the 2019 EMPG grant.
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Resolution No. 2024-076
Resolution 2024-076
April 17, 2024
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RESOLUTION NO. 2024-076
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF THE FISCAL
YEAR 2022 EMERGENCY MANAGEMENT
PERFORMANCE GRANT AND AMMENDING THE FISCAL
YEAR 2023/2024 ADOPTED BUDGET REVENUE AND
EXPENDITURES BY $40,866.
WHEREAS, The City of San Bernardino is a participating jurisdiction in the Emergency Management Performance Grant (EMPG) and has used funds from the program to purchase equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover from emergency events and natural disasters; and
WHEREAS, on July, 26 2023, the Police Department received notification that the City was awarded $40,866 in EMPG funds from the Fiscal Year 2022 grant project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager or his designee is hereby authorized to accept the Fiscal Year 2022 EMPG grant in the amount of $40,866 and execute any documents as may be necessary to accept grant funds.
SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the FY2023/2024 Adopted Budget , appropriating $40,866 in revenue and expenditures.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-076
Resolution 2024-076
April 17, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-076
Resolution 2024-076
April 17, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-076, adopted at a regular meeting held on the 17th day of April 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024.
Genoveva Rocha, CMC, City Clerk
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San Bernardino County Office of Emergency Services
FY2022 Emergency Management Performance Grant (EMPG)
Allocation Matrix
Population Total
City/Town/Jurisdictions (POP) Base Per Capita Allocation Adelanto 36,357 $ 13,000 $ 4,588 $ 17,588
Ap·i,re::vai.ie·y::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::?.:�;:�:��:: s 13,000 $ 9. 543 .. s" .............. 2:i;s4i ..
Barstow 25,202 $ 13,000 $ 3, 180 .. $ .................. ;i'E(1's'O ... ·sig)3eiirTai<e:::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::�;.��r s 13,000 $ 636 .. s ........ �i'3·;s3s .. .
Chino 91,998 $ 13,000 $ 1 1,609 · $ ................. 2(609 ...·c'tiTrio ... Rl'ii's ............................................................... ................. 1i\ia�r s 13,000 $ 9,838 .. s ................. 2i;·s:ia ...·coifon ........................................................................... ................. sa;·s·fi" s 13,000 $ 6,766 .. s .... fijj;s·s""·cou.nty ... On'in·c,:i'r;;aratecf ..................................... a.oo;·o·cfa.. s 13,000 $ 37,85s · s ............. scf;asK· Fontana (Planning provided by OES) 212,809 $ 13,000 $ 26,853 .. $ ............... .
jg·;·ssa'°· .............................................................................................. .......................................
Grand Terrace 13,042 $ 13,000 $ 1,646 $ 14,646
:Res.pe.ria·::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::�(oo;·:fa�( s 13,000 $ 12. 659 .. s" ............... 2s·;ass ...
Highland .........................................
........
.
........
56,546 .. $ 13,000 $ 7, 135 ·s· ............ 20·;·1·3"s° ..
Loma Linda 25,349 $ 13,000 $ 3, 199 $ 16, 199 .Kifo'rifoi'afr ................................................................... ................. a·1�s·4ff s 13,ooo $ 4,776 . s ... 1.fi1s"··Neec:ffes .......................................................................................... 4;"a"1s.. s 13,000 $ 615 ·· s .................. 1.ra:nr.............................................................................................. .......................................
Ontario 179,516 $ 13,000 $ 22,652 $ 35,652 'i:fan'd,·a::ciica·m·o·niia:::::::::::::::::::::::::::::::::: ::::::::::::::.-;;;:4;41s:: s 1 a,000 $ 22,016 ·· s ...... as-;-ths".
Redlands 72,585 $ 13,000 $ 9, 159 .. s" ............... 22;·1°sf· ····························--··································--·······--· .. ·•·············· ..................................... ..
Rialto 103,954 $ 13,000 $ 13,117 $ 26,117 ·siii'ri"s·erna.rci'iri·a ............................................................. 2.2o;·a40·· s 1 a,000 $ 21,866 .. s ............ 4o·;as·ir- fwent'�i"ril'rie .. PaiiTis··· ...................................................... 21Jss.. s 13,000 $ 3,493 .. s ................... .,s·;4sa ...
Upland (Planning provided by OES) 79,139 $ 13,000 $ 9,986 $ 22,986 \iicfoivffie .................................................................. ............. ;fa"sJs-r· s 13,000 $ 1 1,232 ·s ... ao)z3i ..vu·ca'ip"a" ..................................................................... ................. s4;·4·s4.. s 13,000 $ 6,876 .. s .................. 1i;·a:,s· .. vu·cca'\ia'ii'ey ........................................................ ................. :z'iJ1·a .. s 13,000 $ 2,1s2 ... s ................. 1·s·;15i'· .............................................................................................. ....................................... . ........................................... ..
OES $ 50,000 $ 50,000·rv1&A .. c'ef% .. 0Tgran'i> ...................................... ....................................... ................................................ $...... · · ............... .. s ................. a4;2s·s· ..
Total 2,187,665 $ 375,000 $
OES Total $
(lncudes OES Allocation of $50k, County Unincorp.,
163,694
Fontana, and Upland)
M&A $ 34,266 ----------
OES/M&A Total $ 197,960 -----
Parlicipating Jurisdictions $ 364,046 ----------
Jurisdictions Opting Out in Prior Years $ 123,307 ---'----------- TOTAL EMPG $ 685,313 =============
276,047 $ 685,313
Calculation is SBCounty Allocation - M&A - Base Amount/ Total Population = .
126% per capita
Attachment L
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