Mayor and City Council
November 20, 2024

Thursday, March 28, 2024
Other Income

TOTAL OTHER INCOME

OTHER INCOME
Other Expenses
Travel & Entertainment
Outside Services
Marketing & Business Development
Professional Services
Business Insurance & Taxes
General Office
Facilities
Payroll Related Expense/Fringe
Bonuses & Incentives
Indirect Labor Cost

TOTAL EXPENSES

EXPENSES

NET OPERATING INCOME
Nonbillable Cost of Services

TOTAL NONBILLABLE COST

NONBILLABLE COST
Billable Cost of Services
Direct Labor

TOTAL BILLABLE COST

BILLABLE COST

TOTAL COST OF SALES

COST OF SALES
Professional Services Billed

TOTAL INCOME
INCOME

GROSS MARGIN

NET INCOME (LOSS)
6,886
6,886
107,203
1,281
32,936
10,466
49,510
50,096
66,887
32,350
219,767
32,000
280,999
883,496
774,217
572
572
439,354
771,028
1,210,382
1,210,954
2,868,667
2,868,667
1,657,713
781,103
YTD Balance

CONFIDENTIAL
12/31/2023
TR Design Group requested but has not yet received our Dun and Bradstreet Credit Report. Additionally, we do not have audited financials. These financials are what was used for our 2023 taxes and we hope they are sufficient to demonstrate our financial stability. We've been in business and profitable consistently since 2003.

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FISCAL STABILITY
5 Basis: Accrual
TR Design Group
Balance Sheet
Thursday, March 28, 2024
Assets
12/31/2023
1615 Accumulated Depreciation - PPE -203,447.29
1613 Computer Software 96,324.59
1612 Computer Hardware 123,241.97
1611 Furniture & Fixtures 14,253.60
1610 Fixed Assets 12,293.45
Total Equipment & Fixed Assets 42,666.32
Equipment & Fixed Assets
TOTAL NON-CURRENT ASSET 42,666.32

NON-CURRENT ASSET
1330 Work In Progress - Consultants -966.00
1320 Work In Progress - Expenses -19.50
1310 Work In Progress- Labor 985.50
Total Work In Progress .00
1410 Prepaid Expenses 147.15
1240 Security Deposits 2,934.51
Total Other Current Assets 3,081.66
Other Current Assets
1200 Accounts Receivable 469,725.48
Total Receivables 469,725.48
Receivables
1020 Bank Account - Savings 150,053.94
1010 Bank Account - Checking 37,391.26
Total Cash 187,445.20
Cash
TOTAL CURRENT ASSET 660,252.34

CURRENT ASSET
TOTAL ASSETS $ 702,918.66
Assets
Net Income 781,103.08
3900 Retained Earnings 1,671,521.42
Total Capital 2,452,624.50
Capital
TOTAL RETAINED EARNINGS 2,452,624.50

RETAINED EARNINGS
3800 Paid-in-Capital 127,065.68
3100 Profit Distributions -2,178,690.54
Total Capital -2,051,624.86
Capital
TOTAL EQUITY -2,051,624.86
EQUITY
2002 Salaries Payable 18,588.16
Total Payroll Payables 18,588.16
Payroll Payables
2021 Chase Ink 5630 1,403.00
2000 Accounts Payable 128,855.62
Total Current Payables 130,258.62
Current Payables
2300 Client - Prepaid Retainer 153,072.24
Total Other Current Liabilities 153,072.24
Other Current Liabilities
TOTAL CURRENT LIABILITY 301,919.02

CURRENT LIABILITY
TOTAL LIABILITIES AND EQUITY $ 702,918.66
Liabilities and Equity CONFIDENTIAL
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(i) TR Design Group has all the staff and skills necessary to meet the goals of the City and fulfill the functions to successfully complete this project. Below are various related projects that show our experience and technical competence for both Police and Fire Departments, along
with a University Sports Facility.
(ii)
City of Menifee:
• Fire Station 68 Renovation and Expansion
City of Fountain Valley
• Police Locker Rooms & Restrooms
• Fire Sta. No. 2 Apparatus Bay** Included Project
Management
City of Moreno Valley:
• Fire Station No. 48 Renovation and Expansion
• Police Traffic Division & Ballistic Glass Public Counter San Bernardino International Airport:
• New Sheriff’s Aviation Facility
City of Temecula:
• Fire Sta 73 Generator Pad, Gym & Apparatus Bay
Santa Clara County Central Fire Protection District
• 3 Fire Station Kitchen Remodels
City of Hemet:
• 3 Fire Station Kitchen Remodels
California Baptist University
• Baseball and Softball Facility
(iii) TR Design Group - 1999 / Incorporated in 2005
(iv) see next page
(v) TR Design Group is currently working with the City of San Bernardino on a $28M project for a new Homeless
Campus for Lutheran Social Services.

EXPERIENCE AND TECHNICAL COMPETENCE
Experience a.
6 Packet Page. 953
SBIAA - Sheriff’s Aviation - A new 55,000 SF maintenance and storage hangars for the rotary and fixed-wing aircraft as well as a 12,500 SF EOC operations facility. New offices, lockers, situation and community rooms for emergency and search and rescue operations. Reference: Mark Gibbs (909) 382-4100 [email protected] (iv)
Fountain Valley Police Dept., Fountain Valley - Major renovation to the Police Department Headquarters including Locker and Restrooms, crime lab, gym, offices, MEP systems, and ADA improvements.

Reference: Temo Galvez (714) 593-4517 [email protected] County of Riverside - Banning District Attorney Offices TI - This 11,500 s.f. remodel included a complete gut and renovation of the existing 1960’s facility. The project was completed record time from initial design to move-in in just under 5 months. Reference: Blanca Limon Project Manager III [email protected] Packet Page. 954

FOUNTAIN VALLEY POLICE DEPARTMENT
This renovation project came back from bidding with a

0.3% variance in the top 3 bidders and is currently in
construction. It involves new locker rooms, restrooms, CSI Lab and workout room for the Department. Their current
force is over 90 personnel with 62 officers. renovation Project involved Architectural, Accessibility, Mechanical, Plumbing, Electrical and Structural upgrades along with temporary conditions during construction.

Bid: $ 3.4M A&E Fee: $ 307, 258
Project dates: June 2019 - Currently in construction
Contact: Temo Galvez - Deputy Dir. of Public Works
City of Fountain Valley (714) 593-4517
Email: [email protected]
Project Specific Experience b. i.

SAN BERNARDINO INTL. AIRPORT AUTHORITY
SHERIFF’S AVIATION DIVISION
Project included a new 27,500 s.f. maintenance hangar,
a 22,500 s.f. storage hangar and 11,500 s.f. of offices for the new Sheriff’s Aviation Operations Facility. This includes situation and community rooms for emergency
operations and search and rescue operations. The
Sheriff’s operations offices include emergency
communications systems, lockers and weapons storage.

Bid: $10.4M A&E Fee: $ 835,600
Project dates: September 2013 - September 2016
Contact: Mark Gibbs, Director of Aviation
SBIAA (909) 382-410 [email protected]

CALIFORNIA BAPTIST UNIVERSITY BASEBALL AND

SOFTBALL FACILITY
A new approximately 15,000 - 20,000 s.f. field house
athletic building for the University’s Baseball and
Softball teams. It includes extensive lockers, showers
and restroom facilities on both levels.

Bid: $ 15.9 M A&E Fee: $ 1.2M
Project dates: April 2022 - Currently in construction
Contact: Mark Howe - VP of Finance & Administration
California Baptist University (951) 343-4211
Email: [email protected]
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TR Design Group, Inc. has NOT:
(a) Had a failure to enter into a contract or professional services agreement once selected. (b) Withdrew a proposal as a result of an error.
(c) Terminated or failed to complete a contract.
(d) Been debarred by any municipal, county, state, federal or local agency. (e) Been involved in litigation, arbitration or mediation. As a firm or it’s principals been convicted for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowingly concealed any deficiency in the performance of a prior contract.
(f) Falsified information or a submission of deceptive or fraudulent statements in connection with a contract.
(g) Had willful disregard for applicable rules, laws or regulations. b. ii.

Technical Competence c.

Teamwork of our multi-disciplinary staff and an integrated effort by our entire architecture and engineering consulting team help us to produce quality sets of drawings, resulting in fewer change orders and an overall lower project cost.

Regarding Technical Competence, we use several technologies to assist in the delivery of projects. Newforma is an integrated project management platform that provides our office with increased communication and organization workflows as well as a databased project history. It also integrates with Procore.

Deltek Ajera provides us with up-to-the-minute project status and progress reports for managing deadlines. We use Revit (BIM) for most projects and Bluebeam Studio, which allows for markup and collaboration between teams in real time.

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Your Police Locker room project is fairly straightforward, in that the objectives for it are clear. Renovate the restrooms, update the lockers, finishes and materials, provide as many lockers as possible, and rework the restrooms and showers to meet accessibility requiremetns. Of note, our past experience with projects like this, tell us that both “non-gender” facilities may create a “third” restroom/locker room. And, it will be imnprtant to discuss temporary facilities, as this is key to keeping the department operational while the facility is under construction. We have thoughts for that but will need to review key objectives with you as to security, other facilities within the building, and potentially off-site facilities.

Thankfully, we are well qualified and have completed other projects very similar in scope. We know the steps and can take the ball and run with it. We will develop and deliver a comprehensive project in cooperation with you.

PHASE 01 – PLANNING PHASE / EX. DRAWINGS / CODE REVIEW
Your existing site and building plans are a great place to start. There are important site studies and investigations that need to take place prior to starting Schematic drawings. Additionally, we need to review the Program with you as this will determine what “success” looks like later in the project. We will first meet with you for the kick-off meeting, and to introduce the team. First, we want to meet with and establish a relationship with your team and your Project Manager. Our goal will be to clarify communications, distribution lists and “who to call when”.

We will create a Project Team list and distribute contact information for our team to all appropriate members, including our President, Thomas Riggle’s cell phone number. We will make ourselves available to you and have multiple possible contacts so you can reach one of our team members when it’s urgent. We will analyze the existing conditions, your current design plans, and the related supporting information. Our MEP engineers are in San Bernardino and will meet with us at the site to begin determining Points of Connection and existing services.

We will also then review those drawings and files for constructibility, code and other issues. This will help us to finalize the design. We will have a photo documentation company photo doc the Area of Work.

This will reduce the number of trips needed for information gathering and will be a reference for future work.

PHASE 02 - SCHEMATIC DRAWINGS
Then, with your input and code issues in hand, we will prepare concept drawings that illustrate the potential new layouts and how to improve the locker rooms and restrooms. We will solve the problems and present ideas to you. We will work with you to refine the concepts. After the CIty approves the conceptual floor plan, we will then select materials and finishes and design the spaces. The materials will be provided to you in physical form as well as 3D renderings of the spaces to better illustrate the designs and receive your approval.

APPROACH
7 Packet Page. 957
PHASE 04 CONSTRUCTION DOCUMENTS
From the Schematic Design approval, we will prepare the Construction Documents (drawings and specifications) for bid, permit and construction.

Detailed drawings and schedules will be prepared for Architectural, Structural (very limited), Mechanical, Plumbing and Electrical systems.

Our engineers are right in San Bernardino so site access and driving over to see field conditions is not a concern. We will work with our consultants for inter-disciplinary coordination. At this point we will need final selections for all equipment, furniture and items to be included in the building and/or the General Contractor’s Scope of Work. Green Code requirements, and other Code Requirements will be incorporated into the plans to demonstrate Code Compliance to the AHJ.

QUALITY PLANS
We thoroughly review every set of drawings through our rigorous QAQC. As part of our team, James Horecka will do this review.

He has done QAQC reviews for 40+ years. He is also a Certified Access Specialist, which means he is consistently involved throughout the development of our plans to confirm clearances and accessibility, and carefully reviewing plans for compliance. We are committed to quality and will review the documents for coordination, accessibility and constructibility issues prior to bid with the goal of reducing issues in the field and Change Orders during construction.

PHASE 08 PLAN CHECK SUBMITTAL
We have extensive experience in securing agency approvals and permits and work closely with many agencies. We will start early, meet with Building and Safety, Fire and Public Works and determine their requirements to facilitate a smooth permitting process. We anticipate these plans will be checked by Jim Rossman at the County’s Facilities and not through TLMA. TR Design Group can assist the County in issuing plans for bid, although this was not requested and not currently in the contract. If Project Management is selected this can be included.

Typically the County prepares their front-end and we support that with drawings and specs. Additionally, most agencies post and advertise projects for bid through the bid boards. We will assist during bid for RFI’s and Addenda, if any.

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PHOTO DOCUMENTATION (OPTIONAL AND ADDITIONAL)
As part of the service for your project, we have a third-party photo documentation company that will photo doc during construction. This service will include regular on-site GPS enabled location-specific photos and system specific milestone measurable photos. We have included this service for the beginning of the project to document the existing conditions and an optional regular / static photo doc during construction. Clients who have used this service have found it to very be valuable to “see inside” the building after construction is complete.

PHASE 05 CONSTRUCTION BID SUPPORT
We will assist you in issuing the plans for public bid. We will attend the Pre-Bid meeting and be available for RFI’s and Addenda, if needed.

PHASE 06 CONSTRUCTION SUPPORT
We can provide Construction Support up to the hours included in our proposal, including the review of shop drawings and submittals, confirm that products and equipment meet specified requirements.

TR Design Group can review (and challenge) any changes in products and materials for equivalency. Regular site visits and meetings will be attended to review progress and expedite information for the GC. We can also then assist with the punch-list review. We regularly assist agencies with Construction Administration.

PHASE 07 POST CONSTRUCTION SERVICES
We will receive and distribute the as0built drawings from the GC.

From those clear, organized and legible as-builts, we will revise our drawings for the record sets. Any information received from the GC will be provided to the City for your records. Typically the warranty and manuals go direct to the agency.

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FEE PROPOSAL
FEE AND PHASING/ FUNDING SCHEDULE B.
8 Packet Page. 960
Principal / Principal Designer $275
Project Architect / Senior Project Manager $225
Architect / Project Manager $195
Permit Specialist / Project Coordinator $180
Job Captain / Senior Draftsman $155
Draftsman $135
Clerical $ 75

ANNUAL INCREASE
An increase of not more than 5% shall be included for multi-year contracts and shall initiate at the beginning of each calendar year.

SUB-CONSULTANT COSTS: All Consultants (if engaged as part of the Scope) including, but not limited to, civil, landscape, structural, mechanical, plumbing and electrical engineering shall be a multiple of one and one and fifteen one-hundredths (1.15) times the amounts billed to the Architect for such services.

REIMBURSABLE EXPENSES
FOR REIMBURSABLE EXPENSES, a multiple of one and fifteen one hundredths (1.15) times the expenses incurred by the architect, the architect’s employees and consultants in the interest of the project. Reimbursable expenses include expenses incurred by the architect in the interest of the project for:

Expense of transportation and living expenses in connection with out-of-town travel authorized by the owner.

Mileage will be billed at the current federal government rate at the time of the expense; conference-call charges for our service at a rate of $25/hour; postage and handling of drawings, specifications and/or documents; fees paid for securing approval of authorities having jurisdiction over the project; reproductions/ blueprint/copies: Cost + 15%. Per-item costs: In-house color copy, 8.5 x 11: $1; in-house color copy, 11x17:
$2. Plotting -- full sheet, $5; half sheet, $1; CD, $2; DVD, $5; high-resolution aerial photos, $50. Expense of overtime work requiring higher-than-regular rates, as authorized. Renderings and models requested by the owner.

ADDITIONAL SERVICES
None

ADDITIONAL CONSULTANTS
None
COMPENSATION RATES AND REIMBURSABLE EXPENSES C.

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INSURANCE
9 Packet Page. 962
TR Design Group has no litigation for any claims filed by our firm or against our firm related to the provision of Services in the last five (5) years.

LITIGATION
10 Packet Page. 963
b. COMMUNITY INVOLVEMENT
Community Involvement is not anticipated to be needed for this project, but we have included the meetings as requested with the City and / or departments.
c. PREVIOUS INVOLVEMENT WITH THE CITY
TR Design Group currently has two active projects in the city of San Bernardino, one of which is a grant funded project where the City of San Bernardino is a partner to our client on the project. d. STATEMENT
TR Design Group has no conflicts of interest in connection with providing the Services in this RFP.

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The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

Sincerely,
Thomas Riggle, Architect, NCARB, AIA
President

CERTIFICATION OF PROPOSAL
12 Packet Page. 965

3.15.3 Commercial General Liability (b): “Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent”. TR Design currently maintains Commercial General Liability insurance with Insurance Services Office BusinessOwners Coverage Form BP 0003 07/13 which may or may not be considered equivalent by the City.

3.15.3 Commercial General Liability (c): “The policy shall contain no endorsements or provisions limiting coverage….or (4) contain any other exclusion contrary to the Agreement. “ There are a number endorsements included in each policy. A complete list of forms and endorsements for each policy is available for review at your request.

3.15.3 Commercial General Liability (d): “The policy shall give City, the City Council and each member of the City Council, its 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.” TR Design currently maintains general liability insurance with Blanket Additional Insured coverage included in form BP 79 96 09 16 BusinessOwners Liability Extension Endorsement for ongoing operations (i.e CG2010) only. Completed Operations (i.e. CG2037) additional insured coverage may be available for an additional premium subject to carrier approval. We can obtain an insurance quote for completed ops additional insured status at your request.

3.15.4 Automobile Liability (a): “At all times during the performance of the work under this Agreement, the Designer 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.” TR Design currently maintains Hired Auto and Non-Owned Auto Liability coverage. TR Design does not currently have “Owned” auto coverage. If TR Designs, Inc. owns any vehicles, we can obtain an insurance quote to add this coverage at your request.

3.15.4 Automobile Liability (b): “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).” TR Design currently maintains Auto Liability insurance with Insurance Services Office Coverage Hired Auto (Symbol 8) and Non-Owned Auto Liability (Symbol 9) Form BP 0686 05/17 which may or may not be considered “at least as broad” by the City. TR Design does not currently have owned autos so “any auto” and/or “owned auto” coverage is not available. If TR Designs, Inc. owns any vehicles, we can obtain an insurance quote to add this coverage.

APPENDIX
13 Packet Page. 966

3.15.6 Professional Liability (Errors and Omissions): “…This insurance shall be endorsed to include contractual liability applicable to this Agreement…” TR Design currently maintains Professional Liability coverage with the following exclusion verbiage “Liability of Others Assumed by Contract. The liability of others assumed by any Insured under any contract or agreement unless such liability arises as a result of a Breach of Professional Duty and would have existed absent such contract or agreement.”

3.15.7 Privacy/Network Security (Cyber) (a): “ 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.” TR Design does not currently maintain separate Cyber Liability coverage to meet these requirements. We can obtain an insurance quote for this coverage at your request.

3.15.8 Aviation and/or Drone Liability (a): “At all times during the performance of the work under this Agreement, the Designer 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.” TR Design does not currently have Aviation or Drone Liability coverage. If TR Designs, Inc. owns any aircraft/drones, we can obtain an insurance quote to for this coverage.

3.15.11 Policy Provisions Required (a): “Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium.” 30 Day Notice of Cancellation is not available on the Business Owners (Auto) policy. We are able to provide HUB approved 30 Day Notice of Cancellation wording with 10 Days for Non-Payment to the Certificate of Insurance.

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DIVERSITY QUESTIONNAIRE

AND GOALS FORM
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Attachment 3
Project Location
200 ft
N
➤
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus Packet Page. 969

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Approve Stop Sign Installation on Harwick Drive & Wier Road and 13th Street and Sierra Way (Ward 2, 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-226, authorizing the City Manager or designee to amend the City’s Master List of certain streets or portions thereof as through highways and authorizing the establishments of Stop control at the following intersections:
a. Harwick Drive & Wier Road (Ward 3)
b. 13th Street and Sierra Way (Ward 2)
Executive Summary:

The installation of stop signs at the intersections of Harwick Drive and Wier Road, as well as 13th Street and Sierra Way, is necessary due to sight-distance concerns.

These intersections currently present visibility challenges that increase the risk of collisions and compromise pedestrian safety. By installing stop signs, we aim to mitigate these concerns and improve overall traffic safety. The stop signs will help control traffic flow, reduce the likelihood of accidents, and enhance pedestrian protection by addressing the sight distance issues without the need for further modifications to the intersections. This measure offers a practical and immediate solution to ensure safer conditions for all road users.

Background
Staff received a citizen request to evaluate the installation of stop signs at the following intersections:
a. Harwick Drive & Wier Road (Ward 3)
b. 13th Street & Sierra Way (Ward 2)
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The City follows the guidelines established in the California Manual of Uniform Traffic Control Devices (CA MUTCD) for stop sign placement. According to these guidelines, a stop sign is recommended for the minor street at a four-way intersection or at the terminating street of a T-intersection when certain conditions are met to clarify and regulate the right-of-way. Key factors considered for the installation of stop signs include traffic volumes, pedestrian activity, visibility, and accident history.

Discussion
Harwick Drive & Wier Road:

Harwick Drive is a local street that connects Hunts Lane and Wier Road, with a posted speed limit of 25 MPH. Colony Park, located on both sides of Harwick Drive, features a midblock crosswalk equipped with a flasher to facilitate safe pedestrian access between the north and south sides of the park. Wier Road, another local street, stretches from South Waterman Avenue to Washington Street and is lined with residential homes, also with a 25 MPH speed limit.

After evaluating the traffic conditions at the intersection of Harwick Drive and Wier Road, staff determined that installing stop signs would help clarify right-of-way rules.

The stop signs are also recommended to address sight distance concerns, which may be influenced by factors such as landscaping, walls along property lines, or the road's curvature. These actions are intended to enhance safety and visibility at this intersection.

The table below identifies the types of sight distance issues found at the intersection.

All-way stop sign installation can be justified if one of four conditions is met:

1. State Warrant for Multi-Way Stop Control (A1)

2. State Warrant for Two/One-Way Stop Control (A2)

3. Petition for Local Residential Streets (B)

4. Accident and Safety Warrants for Local Residential Streets (C), both determined by City Administrative Policy.

In this case, Warrant A2 was met due to restricted sight distance at the intersection, making the installation of an all-way stop sign necessary to improve safety. 13th Street & Sierra Way:

Sierra Way is a secondary arterial street that connects Baseline Street and Highland Avenue, with a posted speed limit of 40 MPH. The area along Sierra Way is primarily made up of single-family homes, with some commercial establishments located 400 Intersection
Cause of Visual
Impairment
Location of Visual
Impairment
Harwick Drive & Wier Road Line of Sight NWC
Packet Page. 971
feet north of Baseline Street. Additionally, Lincoln Elementary School is situated 600 feet west of the intersection of 13th Street and Sierra Way.

After investigating traffic conditions at this intersection, staff determined that stop signs are necessary to clarify the rules of the road. The stop signs are also recommended to address sight distance issues caused by factors such as corner landscaping, perimeter walls, or the road's curvature, which could affect visibility and safety at the intersection.

The table below identifies the types of sight distance issues found at the intersection.

An all-way stop sign can be installed if one of four conditions is met:

1. State Warrant for Multi-Way Stop Control (A1),

2. State Warrant for Two/One-Way Stop Control (A2),

3. A petition for local residential streets (B), or

4. Accident and safety concerns for local residential streets (C), based on City Administrative Policy.

In this case, Warrant C was met due to accident and safety concerns, making the installation of an all-way stop sign necessary.

To implement necessary traffic control measures, the City must designate certain roadways as Through Highways. On August 12, 2024, staff presented the proposed stop sign locations to the City’s Public Safety and Human Relations Commission (PS&HR), which recommended installing all-way stop signs at the intersections of Harwick Drive and Wier Road, and 13th Street and Sierra Way. Based on this recommendation, the City endorses adding stop signs at these locations to enhance traffic safety, improve visibility, and ensure clearer right-of-way rules. As part of this process, the City will rescind Resolution No. 655 and adopt a new Master List to officially designate selected streets as Through Highways and Boulevards. The newly proposed stop signs will be incorporated into this updated list. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 3: Improved Quality of Life. The project will utilize City programs to ensure that neighborhoods and business areas are safe Intersection
Cause of Visual
Impairment
Location of Visual
Impairment
13th Street & Sierra Way Line of Sight NWC
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Fiscal Impact
The estimated cost to install the “Stop” signs and add pavement markings is $3000 Sufficient funding is included and available in the adopted budget FY 2024/2025 Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2024-226, authorizing the City Manager or designee to amend the City’s Master List of certain streets or portions thereof as through highways and authorizing the establishments of Stop control at the following intersections:
a. Harwick Drive & Wier Road (Ward 3)
b. 13th Street and Sierra Way (Ward 2)
Attachments

1. Attachment 1 Resolution 2024-226

2. Attachment 2 Resolution 2024-226 Exhibit A – Master List

3. Attachment 3 Location Map-Harwick Dr & Wier Rd

4. Attachment 4 Location Map- 13th St & Sierra Way

5. Attachment 5 Stop Sign Warrant-Harwick Dr & Wier Rd

6. Attachment 6 Stop Sign Warrant – 13th St and Sierra Way Ward:

Ward 2 & 3
Synopsis of Previous Council Actions:

Click or tap here to enter text.

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Resolution No. 2024-226
Resolution 2024-226
November 20, 2024

RESOLUTION NO. 2024-226

RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO AMENDING
THE CITY’S MASTER LIST OF CERTAIN STREETS

OR PORTIONS AS THROUGH HIGHWAYS AND

AUTHORIZING THE ESTABLISHEMTNS OF STOP

CONTROL AT THE INTERSECTIONS OF HARWICK
DRIVE & WIER ROAD, AND 13TH STREET AND
SIERRA WAY.

WHEREAS, the Traffic Engineering Division of the Public Works Department received a request to evaluate traffic control needs at the intersections of Harwick Drive and Wier Road and 13th street and Sierra Way; and
WHEREAS, staff have determined the intersections Harwick Drive and Wier Road and 13th street and Sierra Way meets the warrants for an All -Way stop sign installation at the locations; and
WHEREAS, roadways within the City must be designated as Through Highways in accordance with the Vehicle Code of the State of California to meet eligibility for installation of traffic control measures; and
WHEREAS, the City previously adopted Resolution No. 655 and subsequent amendments designating various roadways as Through Highways and Boulevards throughout the City; and
WHEREAS, the City now rescind Resolution No. 655 of the City of San Bernardino to designate certain streets or portions thereof as through Highways; and WHEREAS, the City now will be adopting Master List to designate certain streets or portions thereof as through Highways and Boulevards throughout the City (Exhibit A) ; and WHEREAS, the City intends to install traffic control in the form of a stop control on these roadway segments to enhance traffic safety at Harwick Drive and Wier Road and 13th street and Sierra Way.

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.

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Resolution No. 2024-226
Resolution 2024-226
November 20, 2024

SECTION 2. The Mayor and City Council hereby add to Exhibit “A” the intersections of Harwick Road and Wier Road and 13th Street and Sierra Way.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of November, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 975
Resolution No. 2024-226
Resolution 2024-226
November 20, 2024

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. 2024-226, adopted at a regular meeting held on the 20th day of November 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 ___ day of ____________ 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 976
Exibit A

EXHIBIT A
Reso 655 Index Street Intersecting Street Stop Control
1 Baseline St All Various
1 E St All Various
1 Eucalyptus Ave All Various
1 F Street All Various
1 Highland Ave All Various
1 I Street All Various
1 Mt Vernon Ave All Various
1 Pepper Ave All Various
1 Sierra Way All Various
1 Victoria Ave All Various
1 State College Pkwy All Various

1.2 Acacia Ave 31st St EB, WB

1.2 Acacia Ave 46th St WB

1.4 Arden Ave Piedmont Dr to Pacific St. Various

1.4 Arden Ave Lynwood Dr All Way

1.4 Arden Ave Marshall Blvd All Way

1.5 Arrowhead Ave Orangeshow Rd to Marshall Blvd Various

1.56 Aster St Jasmine St to Sheridan Rd Various

1.57 Atlantic Ave Bangor Ave NB

1.57 Atlantic Ave Colwyn Ave NB

1.6 Beechwood Ave Azalea Ave SB

1.7 Belmont Ave Little League Drive to Pine Avenue Various

1.7 Belmont Ave Little League Dr All Way

1.7 Belmont Ave Magnolia Ave All Way

1.8 Benedict Rd Sunnyside Ave NB, SB

1.9 Birch St Rexford St NB, SB

1.94 Bronson St Cristy Ave 3-Way
2 Cajon Blvd Highland Ave to the North City Limits Various 3 California St Baseline St to Cajon Blvd Various
Packet Page. 977
Exibit A
3 California St Magnolia Ave 3-Way
3 California St 16th St All Way

3.02 Cambridge Ave Universal Ave 3-Way

3.1 Caroline St Club Center Dr All Way

3.2 Club Center Dr Hunts Ln to Redlands Blvd Various

3.23 College Ave Iris St SB

3.3 Colorado St California St to Evans St Various

3.35 Colwyn Ave 17th St

3.4 Coulston Curtis St

3.4 Coulston Tippecanoe Avenue to Mt. View Avenue Various

3.4 Coulston Richerdson St All Way

3.5 Crestview Ave Baseline St to 21st St Various

3.5 Crestview Ave 18th St 3-Way

3.6 Cristy Ave Rosarita Dr / Bronson St 3-Way

3.8 Curtis St Gould St
4 Darby St Cajon Blvd to California St Various

4.05 David Way Mariposa Dr 3-Way

4.1 Davidson Ave Highland Ave to Miramonte Dr (Exepting 27th St) Various

4.3 18th St Crestview Ave 3-Way

4.5 8th St Western Ave to K St Various

4.7 11th St Wilson St All Way
5 5th St Sierra Way to Mt Vernon Ave Various

5.4 46th St Mt View Ave

5.4 46th St Acacia Ave to Electric Ave Various
6 14th St I St to Mt Vernon Ave Various
7 4th St Foothill Blvd to Waterman Ave (Exepting Mt Vernon Ave) Various

7.05 G St 33rd St All Way

7.1 Genevieve St 33rd St

7.1 Genevieve St 35th St

7.1 Genevieve St Parkdale Ave to 40th St

7.3 Golden Ave Highland Ave to 40th St (Exepting 39th St and 35th St) Various

7.4 Grand Ave Varsity Ave 3-Way

7.45 Guthrie St Pacific to Highland Ave Various
Packet Page. 978
Exibit A

7.45 Guthrie St Sunrise Ln All Way

7.5 H St College Dr to Mill St Various

7.5 H St 4th St to Marshall Blvd Various

7.5 H St 13th St All Way

7.5 H St 16th St All Way

7.5 H St 27th St All Way

7.5 H St Marshall Blvd All Way

7.5 H St 48th St to Dover Dr Various

7.5 H St 48th St All Way
8 Harrison St 25th St to Hampshire Rd (Exepting 7th St and Lynwood Dr) Various

8.3 Hospitality Ln E St to Tippecanoe Ave Various

8.4 Hunts Ln Harwick Dr to Hospitality Ln (Exepting EBRT veh on E St) Various

8.5 Institution Rd Cajon Blvd

8.6 Irvington Ave Magnolia Ave to Pine Ave Various

8.6 Irvington Ave Palm Ave All Way

8.6 Irvington Ave Olive Ave All Way

8.6 Irvington Ave Walnut Ave All Way

8.63 J St Congrss St to Rialto Ave Various

8.65 Jasmine St Aster St to Sheridan Rd Various

8.65 Jasmine St Hyacinth St 3-Way

8.65 Jasmine St Sheridan Rd 3-Way

8.7 Kenwood Ave Evans St

8.7 Kenwood Ave Niles St

8.8 Kingmand St Cabrera Ave
9 L St 5th St to Baseline St (Excepting 27th St) Various

9.1 La Praix St Buckeye St

9.1 Lakewood Dr Windsor St

9.1 Lakewood Dr Sheridan Rd All Way

9.2 Little League Dr Kendall Dr to Meyers Rd Various

9.3 Magnolia Ave Pico Ave

9.4 Macy St Ellen St All Way

9.4 Macy St Mill St to Rialto Ave Various

9.4 Macy St Mill St All Way
Packet Page. 979
Exibit A

9.57 Lugo Ave Baseline St to 16th St Various

9.6 Lynwood Dr Valencia Ave to Victoria Ave (Excepting 30th Connector St) Various

9.67 Magnolia Ave Belmont Ave to Garfield St

9.68 Magnolia Ave Arizona Ave

9.68 Magnolia Ave California St 3-Way

9.68 Magnolia Ave Medical Center Dr All Way

9.68 Magnolia Ave Pico Ave

9.7 Meridian Ave Randall Ave to Birch St Various

9.7 Meridian Ave Randall Ave All Way

9.7 Meridian Ave Poplar St 3-Way

9.7 Meridian Ave Birch St 3-Way

9.7 Meridian Ave Rialto to 9th St Various

9.7 Meridian Ave 6th St All Way

9.7 Meridian Ave Etiwanda Ave All Way

9.8 Mariposa Dr David Way 3-Way

9.9 Marshall Blvd Little Mountain Dr to Parkside Dr (Excepting Miramonte Dr & EB @ Ladera Rd) Various

9.93 Mayfield Ave 33rd St

9.94 Medical Center Dr 5th st to Cajon Blvd Various

9.94 Medical Center Dr 7th St All Way

9.94 Medical Center Dr Magnolia Ave All Way

9.95 Meyers Rd Olive Ave All Way

9.95 Meyers Rd Olive Ave to Walnut Ave Various
10 Mill St Eucalyptus Ave to Tippecanoe Ave Various
10 Mill St Macy St All Way

10.2 Miramonte Dr 24th St to Marshall Blvd Various

10.2 Miramonte Dr Marshall Blvd All Way

10.3 Montery Ave Pedley Rd All Way

10.5 Mt View Ave 5th St to Pinehurst Ct (Except Electric Ave) Various

10.5 Mt View Ave 6th St All Way

10.5 Mt View Ave 13th St All Way

10.5 Mt View Ave 28th St All Way

10.5 Mt View Ave Marshall Blvd All Way

10.5 Mt View Ave 34th St All Way
Packet Page. 980
Exibit A

10.5 Mt View Ave Thompson Pl / Parkdale Dr All Way

10.5 Mt View Ave 46th St All Way

10.5 Mt View Ave 3rd St to Pinehurst Ct (Excepting 28th St, Marshall Blvd, 40th St, 48th St, SB traffic only) Various 12 Muscupiabe Dr 23rd St to Colima Rd Various
12 Muscupiabe Dr Marshall Blvd 3-Way

12.5 19th St Belle St

12.5 19th St Flores St

12.5 19th St Lugo Ave
13 9th St Wilson St All Way
13 9th St Medical Center Dr to Elmwood Rd Various

13.1 Ohio Ave Olive Ave to Pine Ave Various

13.2 Olive Ave Irvington Ave All Way

13.2 Olive Ave Belmont Ave All Way

13.2 Olive Ave Meyers Rd All Way

13.2 Olive Ave Belmont Ave to Garfield St Various

13.3 Olive St 17th St

13.5 Orange St Atlantic Ave \to Citrus St (Excepting Highland Ave) Various

13.7 Palm Ave Atlantic Ave to 28th St Various

13.7A Palm Ave Cajon Blvd to Melvin Ave Various

13.7A Palm Ave Cajon Blvd All Way

13.7A Palm Ave Kendall Dr All Way

13.7A Palm Ave Irvington Ave All Way

13.7A Palm Ave Belmont Ave All Way

13.7A Palm Ave Verdemont Dr All Way

13.71 Parkdale Dr Mountain View to Valencia Ave Various

13.71 Parkdale Dr Mt View Ave All Way

13.71 Parkdale Dr Sierra Way All Way

13.71 Parkdale Dr Valencia Ave All Way

13.72 Pedley Rd Monterey Ave All Way

13.75 Pennsylvania Ave Poplar St to Rialto Ave Various

13.75 Pennsylvania Ave Virginia St

13.75 Pennsylvania Ave Magnolia Ave

13.81 Pershing Ave 20th St
Packet Page. 981
Exibit A

13.82 Pico Ave King St

13.9 Piedmont Dr Piedmont Ave EB
14 Pine Ave Kendall Dr to Pennsylvania Ave Various

14.1 Pleasant Hll Dr Baldrige Canyon Dr to Palm Ave Various

14.2 Poplar St Meridian Ave 3-Way

14.23 Pumalo St Del Rosa Ave to Date Pl Various

14.3 Rancho ave Mill St to Foothill Blvd Various

14.4 Randall Ave Pepper Ave All Way

14.4 Randall Ave Meridian Ave All Way

14.6 Richardson St Coulston St to Riverside Dr Various

14.6 Richardson St Coulston St All Way

14.64 Rosarita St Cristy Ave 3-Way

14.8 San Carlo Ave Mesa St
15 2nd St Waterman Ave to Mt Vernon Ave Various

15.2 Sepulveda Ave 40th St to 53rd St (Excepting Sierra Way) Various

15.25 7th St Gardena St

15.25 7th St Medical Center Dr All Way

15.25 7th St Medical Center Dr to Mt Vernon Ave Various

15.25 7th St Garner Ave

15.27 Sheridan Rd Aster St to Jasmine St Various

15.27 Sheridan Rd Jamine St 3-Way

15.27 Sheridan Rd Lakewood Dr All Way

15.3 Sierra Way Mill St to Waterman Ave (Excepting 2nd St and 16th St) Various

15.5 16th St State St to H St (Excepting J St, Harris St, and Trnton St) Various

15.5 16th St California St All Way

15.5 16th St Western Ave All Way

15.5 16th St Massachusetts Ave All Way

15.5 16th St H St All Way

15.5 16th St Stoddard Ave

15.5 16th St D St All Way

15.5 16th St Arrowhead Ave to Crestview Ave except Mt View Ave Various

15.5 16th St Sierra Way All Way
16 6th St Meridian Ave
Packet Page. 982
Exibit A
16 6th St Ramona Ave
16 6th St Western Ave
16 6th St Pico Ave
16 6th St Garner Ave
16 6th St J St to H St
16 6th St Mt View Ave
16 6th St Del Rosa Dr

16.5 State St University Pkwy to Sheridan Rd Various

16.7 Sunrise Ln Guthrie St All Way
17 10th St G St to I St Various

17.5 3rd St Viaduct Blvd to East City Limits Various

17.57 13th St H St to Waterman Ave except Sierra Way Various

17.57 13th St G St (Listed twice) All Way

17.57 13th St F St All Way

17.57 13th St D St All Way

17.57 13th St Mt View Ave All Way

17.6 30th St Miramonte Dr to San Gabriel St Various

17.7 39th St Severance Ave

17.7 39th St Golden Ave to Del Rosa Ave Various

17.75 36th St F St to Waterman Ave except E St, D St, Arrowhead Ave, Mt View Ave, Sierra Way Various

17.8 20th St Kenwood Ave

17.8 20th St Reedy Ave

17.9 31st St Stoddard Ave

17.95 33rd St G St All Way
18 28th St Muscott St to California St Various
19 21st St Waterman Ave to Perris Hill Park Various
20 27th St California St to Medical Center Dr Various
20 27th St Little Mountain Dr to G St Various
21 23rd St Muscott St to Pennsylvania St Various

21.2 Universal Ave Varsity Ave

21.2 Universal Ave Cambridge Ave 3-Way

21.25 Valencia Ave Highland Ave to 40th St Various

21.25 Valencia Ave Parkdale Ave All Way
Packet Page. 983
Exibit A

21.25 Valencia Ave 40th St 3-Way

21.3 Varsity Ave College Ave to Universal Ave Various

21.4 Verdemont Dr Palm Ave to Olive Ave Various

21.5 Victoria Ave Richerdson St

21.7 Victoria Ave Lynwood Dr 3-Way

21.8 Wall Ave Temple St

21.8 Wall Ave Olive St

21.8 Wall Ave 15th St

21.9 Walnut Ave Belmont Ave All Way

21.9 Walnut Ave Irvington Ave All Way

21.25 Valencia Ave Highland to 40th St Various

21.25 Valencia Ave Parkdale Dr All Way

21.25 Valencia Ave 40th St 3-Way
22 Western Ave 16th St to Highland Ave Various

22.2 Wier Rd Harwick Dr

22.5 Wilson Street 9th St All Way

22.5 Wilson Street 11th St All Way
Harwick Dr Wier Rd All Way
13th St Sierra Way All Way
This is a draft list, we still need to add other locations that are not in Reso 655 that were approved by the MCC in the last 5 years or so Packet Page. 984
Packet Page. 985
Packet Page. 986
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date Harwick Drive and Wier Road EB Stop AJ 08/05/2024 AJ 08/05/2024 POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed
N
A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A1.3:

All 3
conditions
listed to the
right must be
met to satisfy
warrant
A-1.3
A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B
Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr
N
C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N
A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values
N
A-1.5
If visibility cannot otherwise be addressed, there is a need to control vehiclepedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop.

Line of sight
is not
sufficient
Yes
A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1
On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2 On a county road or city street with its intersection with a State Highway.

A-2.3
At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED?

Packet Page. 987
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street
Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met

CRITERIA REQUIREMENTS REMARKS Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer).

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED?

Packet Page. 988
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met

CRITERIA REQUIREMENTS REMARKS Y N
C.

Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer).

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
X
Packet Page. 989
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date

POLICY
Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed
A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months A1.3:

All 3
conditions
listed to
the right
must be
met to
satisfy
warrant
A-1.3
A-1.3A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr A-1.3B
Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr,
And
Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr
A-1.3C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements
A-1.4
Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values

A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL
Warrant is satisfied if any of the following criteria are met

CRITERIA REQUIREMENTS REMARKS Y N
A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs.

A-2.2 On a county road or city street with its intersection with a State Highway.

A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements.

A-2.4 On a street entering a legally established through highway or street.

A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h).

A-2.6 At an un-signalized intersection in a signalized area.

A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign.

A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED?

✔
✔
✔
✔
✔
✔
✔
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✔
✔
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13th Street and Sierra Way East-West stop AJ 08/05/2024 AJ 08/05/2024 Packet Page. 990
B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street
Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met

CRITERIA REQUIREMENTS REMARKS Y N
B.

Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

B-2. Streets leading to intersection do not intersect at right angles.

B-3. One or more streets leading to intersection is at a grade of more than 5%.

B-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period.

B-7.

The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period.

B-8. One approach of the intersection is a driveway serving a commercial area.

B-9. One approach of the intersection is a driveway servicing a residential property.

Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood.

B-10.

B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

B-12.

Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer).

B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED?

City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date

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✔
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✔
✔
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13th Street and Sierra Way East-West stop AJ 08/05/2024 AJ 08/05/2024 Packet Page. 991
C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS

BY CITY ADMINISTRATIVE POLICY
Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met

CRITERIA REQUIREMENTS REMARKS Y N
C.

Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET.

C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”.

C-2. Streets leading to intersection do not intersect at right angles.

C-3. One or more streets leading to intersection is at a grade of more than 5%.

C-4.

Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry.

C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility.

C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period.

C-7.

The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period.

C-8. One approach of the intersection is a driveway serving a commercial area.

C-9. One approach of the intersection is a driveway servicing a residential property.

Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood.

C-10.

C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection.

C-12.

Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer).

C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE?

IF YES, CHECK WARRANTS MET
A-1 A-2 B C

IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL.

Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not)
City of San Bernardino

WARRANTS FOR STOP SIGN INSTALLATION
Location Existing Control Prepared by/Date Checked by/Date ✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
13th Street and Sierra Way East-West stop AJ 08/05/2024 AJ 08/05/2024 Packet Page. 992

DISCUSSION
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Accept the FY 2024 COPS Technology and Equipment Funds and Purchase Data Integration Software and Cameras to
Support the Real Time Information Center (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-227 authorizing the following:

1. The City Manager to accept the FY2024 COPS Technology and Equipment Program Funds.

2. The City Manager to execute professional service agreements with Vector Resources Inc., for the creation of a public safety surveillance system, Peregrine Technologies Inc. for a real-time decision and operations management platform and Axon for Fusus by Axon, for data integration software and subsequent amendments.

3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2023/24 Adopted Budget by $963,000 in revenues and expenditures.

4. The Interim Director of Finance and Management Services to issue purchase orders in amounts not to exceed $1,350,000, to Vector Resources Inc., $1,000,000 to Peregrine Technologies Inc., and an amount not to exceed $1,950,000 to Axon for Fusus by Axon.

Packet Page. 993
Executive Summary
In January, the Department provided the Mayor and City Council with a presentation of the intent to develop a Real-Time Information Center (RTIC) and a citywide crime camera program. During the presentation, the Department explained the need for data integration software and was directed to return with the cost to implement an RTIC.

The City of San Berardino was awarded $77,656,407 in American Rescue Plan Act (ARPA) funds and $2,497,500 has been identified available to be obligated to support the Department’s RTIC. Additionally, the City was awarded $963,000 to support the RTIC from the COPS Technology and Equipment Program. The Department has recognized the opportunity to subsidize the City’s cost to fund the project through ARPA funds and identified a camera system vendor and two data integration systems that would immediately serve to prevent and respond to the increase in violence due to the pandemic, thereby qualifying as an eligible use of ARPA funding. The Department requests the use of unobligated ARPA funding to execute a professional service agreement with Vector Resources Inc. and enter into five-year professional service agreements with Peregrine Technologies Inc. and Fusus by Axon and is prepared to obligate funds before December 31, 2024. The requested items are critical to the operation of the RTIC and citywide camera program and would otherwise be requested through general funds.

Background
On September 18, 2024, City staff provided the Mayor and City Council an update on the American Rescue Plan. Staff identified that all funds must be obligated by December 31, 2024, and $47 million remains to be formally obligated. On January 31, 2024, the Department provided a presentation to the Mayor and City Council to create a RTIC and City-wide camera program. The Department was directed to return with the proposed total cost to support the RTIC including staffing, equipment, and software.

The Department has identified the opportunity to use unobligated ARPA funds to pay for the currently unfunded costs associated with the camera system and data integration software.

On September 30, 2024, the City was notified that it was selected to receive $963,000 from the FY2024 COPS Technology and Equipment Program to support the development of a citywide camera program.

Staff has conducted an RFP process and extensive research and identified equipment and software that will immediately assist the Department in responding to crime, particularly violent crime in the City. Staff reviewed the final rule issued by the U.S.

Treasury related to ARPA funds and confirmed the items requested are eligible. Staff intends to use available ARPA funds to supplement the cost of the camera system and any remaining funds from the COPS Technology and Equipment Program will be used to expand the camera system at a later date.

Packet Page. 994
Discussion
The U.S. Treasury issued the final rule for the use of ARPA funds on January 6, 2022, which addressed the four eligible use categories listed below:
 Replace lost public sector revenue
 Support the COVID-19 public health and economic response  Provide premium pay for eligible workers performing essential work  Invest in water, sewer, and broadband infrastructure
Under the "Support the COVID-19 public health and economic response" category, the Treasury specifically outlines preventing and responding to violence. The Treasury recognizes that violence and gun violence, in particular, has increased in some communities, and recipients may use funds to respond. The final rule states explicitly that communities may use funds for:
 Technology & equipment to support law enforcement response.

The Mayor and Council attended a January 31, 2024, study session regarding Economic Development and City Reinvestment. The Department presented the benefits of a city-wide crime camera system and the need for a RTIC. The Mayor and Council provided guidance, and the Department advised that staff would conduct research to present the best options for moving forward.

The solicitation for camera system proposals, RFP F-24-05, was posted on Planet Bids by the Finance Department personnel on March 5, 2024, and the solicitation remained open until March 28, 2024. Four vendors responded with proposals.

Vendor CelPlan
Technologies
DataGear
Inc.

Blue Violet
Networks
Vector
Resources Inc.

Cost $592,765.89 $936,723.00 $1,076,073.46 $1,326,992.57 The proposals were reviewed by a panel with various expertise with the goal of selecting a camera system that would not yield the same result as the prior camera system. Vector Resources Inc. was selected as the best option bidder for the City.

Three of the four proposals were not selected for various reasons. CelPlan Technologies was the company that constructed the original camera system that did not perform to expectations. Their proposal did not include any significant changes that would indicate any new system proposed would have improved functionality. The DataGear proposal included various types of camera equipment from multiple manufacturers. This issue would have resulted in varying maintenance and software update schedules for the variety of cameras attached to the camera system, increasing the costs and frequency of maintenance for the system. The proposal from Blue Violet Packet Page. 995
included battery and wiring equipment that would be mounted on the signal pole either at the base of the pole, where the equipment would be vulnerable to vandalism, or at the top of the pole, where the collective weight of the camera and battery equipment along with other signal equipment would be a concern. The review panel determined that each of these proposed systems had vulnerabilities that would reduce the reliability of the camera systems or increase costs to maintain them.

The fourth proposal from Vector Resources Inc included reliable high-quality camera and connectivity equipment without any of the drawbacks of the other proposals.

Additionally, Vector’s proposal was designed so that the camera system would relay information to the Police Department without the need for additional base stations on other City buildings, as the previous camera system did. The camera system design would allow for easy maintenance and expansion of the system at a future date, making it the most durable and future proof camera system of all of the proposals. For these reasons, the proposal by Vector Resources Inc was selected as the proposal that could best meet the needs of the project. Although the proposal from Vector had the highest cost, the review panel determined it was the highest quality system as well.

The proposal from Vector Resources also includes three years of maintenance, service, software upgrades, and overall system checks. Alongside of this, the manufacturer includes a three-year warranty for the camera equipment.

In March of 2023 the City applied for funding through the FY2024 COPS Technology and Equipment Program. In September 2024 the City was notified it was awarded $996,000 to support the development of a citywide camera system. The total cost for the desired camera system is $1,326,992.57. The Department intends to fund the camera project as indicated on the table below. The Department will use $720,845.72 of Technology and Equipment funds to supplement ARPA funds to pay for the camera project, and the remaining $275,154.28 of Technology and Equipment funds will be used to expand the camera project at a later date.

Total Cost ARPA Funds COPS Tech
and Equip
Funds
City Cost
Vector
Cameras
$1,326,992.57 $606,146.85 $720,845.72 $0
As staff explained during the study session, RTICs are commonly comprised of a blend of personnel and technology systems brought into one location to increase situational awareness across a jurisdiction, facilitate improved responses to calls for service, faster detection of threats to public safety, and better information sharing during field operations. RTICs have been incorporated in agencies of all sizes, including major cities such as Dallas, Miami, and Chicago, as well as smaller cities such as Rancho Packet Page. 996
Cucamonga, Ontario, and Chino. They are ideal not only for supporting law enforcement operations in the current environment of staffing shortages but also for making it possible to meet increased public expectations for public safety services by allowing police to better coordinate their responses to crime and public safety hazards.

The basic technology systems necessary to support a RTIC include camera systems, video display equipment, video management software, integration software, and supportive technology or software systems to access databases and conduct real-time research to support agency operations. Most centers operate by accessing publicly owned camera systems, but many also increase their reach through partnerships with private entities willing to allow access to their camera systems.

The City and the Police Department already possess some of the components and capabilities of a real-time information center. Police Department personnel already have access to databases and information systems, such as license plate readers, to support investigations, and those same systems can be used to field operations in realtime. Additionally, there is space in the Police Department‘s Emergency Operations Center with previously installed video equipment that can be expanded upon to create a state-of-the-art real-time information center.

To transition from its current capabilities into a fully functioning real-time information center, the Police Department will need to purchase integration software to connect technology systems such as surveillance cameras, existing license plate reader cameras, the Department‘s computer-aided dispatch system, and all other data systems.

The two data integration software companies offer unique and proprietary services compatible with the Department’s existing camera hardware and data systems. Staff conducted research and was unable to identify competitive vendors that offer the same services. The vendors were selected through a sole source process and there was no competitive bidding process. Please see the attached sole source documents for further justification.

Peregrine Technologies Inc. is a data integration software that improves real-time decision-making and operations management by integrating all of the Department’s data systems into one platform. For a criminal investigation, Peregrine would save countless man-hours by searching all of the Department’s data systems in moments for requested data rather than extended analysis and search by an investigator. In the RTIC, Peregrine would allow the operator to review a call and immediately have all available data at their fingertips.

Additionally, Peregrine’s ability to gather data from all department systems will allow the Department to reduce the number of staff dedicated to filing criminal reports with Packet Page. 997
the District Attorney’s office and allow resources to be better allocated to serve the community. The Department’s filing unit consists of 14 community service officers dedicated to gathering reports and videos to submit cases to the district attorney’s office. The process requires the officers to access multiple data systems to collect all reports and information related to a particular case. Peregrine would instantly gather the data as it is submitted and only require staff to confirm and submit the data to the District Attorney’s Office.

Peregrine is the only vendor with the desired capabilities. Staff has contacted other vendors and identified that Peregrine is the only product that successfully integrates all data systems and possess proprietary capabilities, including data deduplication algorithms and an ontology purpose-built for law enforcement. It also offers secure collaboration and data sharing, which would allow the Department to access data systems from any of the wide number of agencies Peregrine currently serves.

Staff has also identified Fusus by Axon as a software system valuable to successfully reducing violent crime and operating a RTIC. What Peregrine does for all data, Fusus does for camera data. Fusus is the only manufacturer that builds a common operating platform that does not require a complete replacement of video cameras, recorders, servers, or network equipment at video transmitting locations. Fusus extracts and unifies live video feeds from virtually any source. Fusus allows privately owned cameras to feed video into the Department’s RTIC and enables the Department to exponentially expand the City’s camera system without direct camera cost to the City.

For example, an operator in the RTIC can view a dashboard that displays a map of the City and all available cameras. As a crime is reported, the operator can cycle through cameras, both city-owned and private, to observe and direct officers. The technology will help officers respond to crime more effectively and improve evidence gathering and the successful arrest and prosecution of criminal suspects.

Staff have researched and were are unable to find software with the same video data integration capabilities as Fusus by Axon. Additionally, the Department has equipped officers with Axon Body Worn Cameras since 2015, and Fusus allows officers to live stream BWC footage and their location to the Real time information center. Fusus is also the sole source for purchasing Fusus with the Axon Body 4 camera system. The City has nine years of contractual experience with Axon and they have proven to be a reliable vendor and quality product.

Both of the described technologies are critical to the successful implementation and operation of a RTIC and the reduction of violent crime. Staff intends to request general funds to further support the development and staffing of the RTIC at a later date; however, the efficiencies generated by the requested technologies will free up staff that can be reassigned to the RTIC and reduce the City’s total cost. Additionally, Packet Page. 998
purchasing services for a five-year contract provides the City with a significant discount over a year-by-year contract.

Single Year
Cost
Total Cost for
Five Years
Five Year
Contract Cost
Total Saving
with Five Year
Contract
Fusus $492,522.15 $2,462,610.79 $1,943,446.99 $519,163.80 Peregrine $282,000 $1,410,000 $997,500 $412,500
Total Saving $931,663.80
ARPA funds must be obligated by December 31, 2024, however they must be expended by December 31, 2026. Consequently, The camera project will be paid for by December 31, 2026. The City will use ARPA funds to pay for the first two years of services for Fusus by Axon and Peregrine until January of 2027, at which point the City will fund the remaining years. Since the start-up costs including hardware, installation, training and support are significantly greater the first two years of the contracts, both Peregrine and Fusus have structured a payment schedule where 65% of the total cost is covered in years one and two leaving the City with a significant cost saving for the last three years. The table below indicates the total cost for the requested items and the proposed funding sources. The purchase orders are being requested rounded up to a slightly greater not to exceed amount to cover any unforeseen expenses.

Total Cost ARPA Funds COPS Tech
and Equip
Funds
City Cost
Fusus
$1,943,446.99
$1,241,353.15 $0
$702,093.84*
Peregrine $997,500
(Five Years)
$650,000 $0 $347,500*
Vector
$1,326,992.57
$606,146.85 $720,845.72 $0
Total
$4,267,939.56
$2,497,500 $720,845.72
$1,049,593.84*
*City costs began January 1, 2027, and are spread over three years 2021-2025 Strategic Targets and Goals
Using ARPA and COPS Technology and Equipment funds to develop a RTIC to purchase a city camera system and data integration software aligns with goal 3.

Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
Packet Page. 999
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-227, authorizing the following:

1. The City Manager to accept the FY2024 COPS Technology and Equipment Program Funds.

2. The City Manager to execute professional service agreements with Vector Resources Inc., for the creation of a public safety surveillance system, Peregrine Technologies Inc. for a real-time decision and operations management platform and Axon for Fusus by Axon, for data integration software and subsequent amendments.

3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2023/24 Adopted Budget by $963,000 in revenues and expenditures.

4. The Interim Director of Finance and Management Services to issue purchase orders in amounts not to exceed $1,350,000, to Vector Resources Inc., $1,000,000 to Peregrine Technologies Inc., and an amount not to exceed $1,950,000 to Axon for Fusus by Axon.

Attachments
Attachment 1 Resolution 2024-227
Attachment 2 COPS Award Package
Attachment 3 Peregrine Technologies Inc. Quote
Attachment 4 Fusus by Axon Quote

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 2,474,821.29 $ 743,524.43 $ 4,267,939.56 $ 0

GENERAL
FUND
SHARE
$ 0 $ 0 $ 1,049,593.84 $ 0
SOURCE OF FUNDS:

The first two years of cost will be paid using
ARPA funds and COPS Tech and Equip funds.

The City’s cost will begin January 1, 2027, and
will be paid over three years.

Budget Adjustment:

No
For Fiscal Year: 24/25
Packet Page. 1000
Attachment 5 Vector Resources Inc. Quote
Attachment 6 Professional Services Agreement with Vector Attachment 7 Professional Services Agreement with Peregrine Technologies Attachment 8 Professional Services Agreement with Fusus by Axon Attachment 9 Professional Services Agreement with Fusus Exhibit A Attachment 10 Sole Source Fusus
Attachment 11 Sole Source Peregrine
Attachment 12 PowerPoint Presentation
Ward:

All Wards
Synopsis of Previous Council Actions:

On October 4, 2024, Mayor and City Council adopted Resolution No. 2024- 212 to allocate $2,497,500 to develop a Real-Time
Information Center
On January 31, 2024, Mayor and City Council received a presentation from the Police Department regarding a City-wide camera
program and real time information center.

On September 18, 2024 Mayor and City Council received an update on American Rescue Plan Funding.

Packet Page. 1001
Resolution No. 2024-227
Resolution 2024-227
November 20th, 2024

RESOLUTION NO. 2024-227

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY2024 COPS TECHNOLOGY AND EQUIPMENT

PROGRAM FUNDS AND EXECUTE PROFESSIONAL

SERVICE AGREEMENTS WITH VECTOR RESOURCES
INC., FOR THE CREATION OF A PUBLIC SAFETY

SURVEILLANCE SYSTEM, PEREGRINE TECHNOLOGIES
INC. FOR A REAL-TIME DECISION AND OPERATIONS

MANAGEMENT PLATFORM AND AXON FOR FUSUS BY

AXON FOR DATA INTEGRATION SOFTWARE AND

SUBSEQUENT AMENDMENTS AND THE INTERIM

DIRECTOR OF FINANCE AND MANAGEMENT SERVICES
TO AMEND THE FISCAL YEAR 2023/24 ADOPTED
BUDGET BY $963,000 IN REVENUE AND EXPENDITURES

AND ISSUE PURCHASE ORDERS IN AMOUNTS NOT TO
EXCEED $1,350,000 TO VECTOR RESOURCES INC.,
$1,000,000 AND TO PEREGRINE TECHNOLOGIES INC.

AND $1,950,000 TO AXON FOR FUSUS BY AXON.

WHEREAS, the Police Department has been directed to develop a Real Time Information Center, and
WHEREAS, the Police Department has identified technology necessary to operate a Real Time Information Center, and
WHEREAS, the City has identified $2,497,500 in unobligated American Rescue Plan Act funding that must be obligated by December 31, 2024, and WHEREAS, the Department was awarded $936,000 of COPS Technology and Equipment Program Funding on September 30, 2024 to support a City camera system, and WHEREAS, the City will accept funds and enter agreements to further the development and operation of a Real Time Information Center.

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

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

SECTION 2. The City Manager is hereby authorized to execute professional service agreements with Vector Resources Inc., for the creation of a public safety surveillance system, Packet Page. 1002
Resolution No. 2024-227
Resolution 2024-227
November 20th, 2024

Peregrine Technologies Inc. for a real-time decisions and operations management platform, and Axon for Fusus by Axon, for data integration software and subsequent amendments.

SECTION 3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2023/24 Adopted Budget by $963,000 in revenues and expenditures.

SECTION 4. The Interim Director of Finance and Management Services to issue purchase orders in amounts not to exceed $1,350,000, to Vector Resources Inc., $1,000,000 to Peregrine Technologies Inc., and an amount not to exceed $1,950,000 to Axon for Fusus by Axon.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of November 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 1003
Resolution No. 2024-227
Resolution 2024-227
November 20th, 2024

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. 2024-227, adopted at a regular meeting held on the 20th day of November 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 20th day of November 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 1004

Department of Justice (DOJ)
Office of Community Oriented Policing Services (COPS
Office)
Washington, D.C. 20531

Name and Address of Recipient: SAN BERNARDINO, CITY OF
710 N D ST
City, State and Zip: SAN BERNARDINO, CA 92401
Recipient UEI: HRJPGFZSC3H6
Project Title: Security Camera Project Award Number: 15JCOPS-24-GG-02116-TECP Solicitation Title: FY24 COPS Technology and Equipment Program Invitational Solicitation Federal Award Amount: $963,000.00 Federal Award Date: 9/30/24 Awarding Agency: Office of Community Oriented Policing Services Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:

16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 3/9/24 Project Period End Date: 3/31/26 Budget Period Start Date: 3/9/24 Budget Period End Date: 3/31/26 Project Description:

The FY24 COPS Office Technology and Equipment Program (TEP) provides grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime.

The goal of the program is to increase the community policing capacity and crime prevention efforts of law enforcement agencies. The objective is to provide funding for projects which improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. Funding shall be used for the projects, and in the amounts, specified under the heading “Community Oriented Policing Services, Technology and Equipment Community Projects/COPS Law Enforcement Technology and Equipment” in Congressional Joint Explanatory Statement – Division C, which is incorporated by reference into Public Law 118-42.

Page: 1 of 19
Packet Page. 1005
Award Letter
September 30, 2024
Dear Darren Goodman,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by SAN BERNARDINO, CITY OF for an award under the funding opportunity entitled 2024 FY24 COPS Technology and Equipment Program Invitational Solicitation. The approved award amount is $963,000.

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

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

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

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

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

Congratulations, and we look forward to working with you.

Hugh T. Clements
COPS Director
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).

Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.

Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.

Page: 2 of 19
Packet Page. 1006
Packet Page. 1007
Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.

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

Solicitation Title
2024 FY24 COPS Technology and Equipment Program
Invitational Solicitation
Application Number
GRANT14143398
Awarding Agency
COPS
Grant Manager

TAMMY RICHARDSON
Phone Number
202-598-6908
E-mail Address
TAMMY.RICHARDSON2@USDOJ.

GOV
Project Title
Security Camera Project
Performance Period Start
Date
03/09/2024
Performance Period End Date
03/31/2026
Budget Period Start Date
03/09/2024
Budget Period End Date
03/31/2026
Project Description
The FY24 COPS Office Technology and Equipment Program (TEP) provides grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime.

The goal of the program is to increase the community policing capacity and crime prevention efforts of law enforcement agencies. The objective is to provide funding for projects which improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. Funding shall be used for the projects, and in the amounts, specified under the heading “Community Oriented Policing Services, Technology and Equipment Community Projects/COPS Law Enforcement Technology and Equipment” in Congressional Joint Explanatory Statement – Division C, which is incorporated by reference into Public Law 118-42. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
Page: 4 of 19
Packet Page. 1008
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 8/20/24 4:27 PM
Comments
No items
Budget Category Proposed
Budget
Change Approved
Budget
Percentages
Sworn Officer Positions: $0 $0 $0 no value
Civilian or Non-Sworn Personnel: $0 $0 $0 no value
Travel: $0 $0 $0 no value
Equipment: $0 $0 $0 no value
Supplies: $0 $0 $0 no value
SubAwards: $0 $0 $0 no value
Procurement Contracts: $963,000$0 $963,000 no value
Other Costs: $0 $0 $0 no value
Total Direct Costs: $963,000$0 $963,000 no value
Indirect Costs: $0 $0 $0 no value
Total Project Costs: $963,000$0 $963,000 no value
Federal Funds: $963,000$0 $963,000 100.00%
Match Amount: $0 $0 $0 0.00%
Program Income: $0 $0 $0 0.00%
Budget Category
Sworn Officer
Civilian Personnel
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Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.

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

No other award documents have been added.

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

Condition 1
Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Further Consolidated Appropriations Act, 2024, Public Law 118-47, Division B, Title VII, Section 742.

Condition 2
Federal Civil Rights: The recipient and any subrecipient must comply with applicable federal civil rights and nondiscrimination statutes and regulations including: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), as implemented in Subparts C and D of 28 C.F.R. Part 42; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as implemented in Subpart G of 28 C.F.R. Part 42; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681), as implemented in Subpart D of 28 C.F.R. Parts 42 and 54; section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102), as implemented in Subpart I of 28 C.F.R. Part 42; and section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)), as implemented in Subpart D of 28 C.F.R. Part 42.

In addition to applicable federal statutes and regulations that pertain to civil rights and nondiscrimination, the recipient and any subrecipient must comply with the requirements in 28 C.F.R. Parts 22 (Confidentiality of Identifiable Research and Statistical Information); 28 C.F.R. Part 23 (Criminal Intelligence Systems Operating Policies); 28 C.F.R. Part 38 (Partnerships with Faith-Based and Other Neighborhood Organizations); and 28 C.F.R. Part 46 (Protection of Human Subjects). For an overview of the civil rights laws and nondiscrimination requirements in connection with your award, please see https://www.ojp.gov/program/civil-rights/overview.

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Condition 3
Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.

Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 2 C.F.R. §§ 200.334 and 200.337, and, as applicable, 34 U.S.C. § 10385(a).

Condition 4
Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Condition 5
Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions.

Condition 6
Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable award year COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including subsequent changes, as adopted by the U.S.

Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.

Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award.

Condition 7
Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award.

Condition 8
Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the following requirements of 2 C.F.R. Part 175, Appendix A to Part 175 – Award Term:

I. Trafficking in Persons
(a) Provisions applicable to a recipient that is a private entity. (1) Under this award, the recipient, its employees, subrecipients under this award, and subrecipient’s employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
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(iii) The use of forced labor in the performance of this award or any subaward; or (iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; (D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country’s housing and safety standards. (2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ at 2 C.F.R. Part 2867.
(b) Provision applicable to a recipient other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by 2 C.F.R. Part 2867. (c) Provisions applicable to any recipient.
(1) The recipient must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix. (2) The Federal agency’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award. (3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:

Employee means either:
(1) An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing
requirements.

Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.

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The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

Condition 9
Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When the recipient agrees to the termination and termination conditions. (3) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (4) Pursuant to any other award terms and conditions, including, when an award no longer effectuates the program goals or agency priorities to the extent such termination is authorized by law.

2. C.F.R. § 200.340.

Condition 10
Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:

I. Reporting of Matters Related to Recipient Integrity and Performance (a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111– 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if— (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
(c) Reporting Procedures. Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.
(d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions. For purposes of this award term—
Administrative proceeding means a nonjudicial process that is adjudicatory in nature to make a determination of fault or Page: 9 of 19
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liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding).

Condition 11
Reporting Subawards and Executive Compensation: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
(a) Reporting of first-tier subawards—(1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the
subaward.
(2) Reporting Requirements. (i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov. (ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025).
(b) Reporting total compensation of recipient executives for entities—(1) Applicability. The recipient must report the total compensation for each of the recipient’s five most highly compensated executives for the preceding completed fiscal year if:
(i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000;
(ii) in the preceding fiscal year, the recipient received:
(A) 80 percent or more of the recipient’s annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:// www.sec.gov/answers/execomp.htm.)
(2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix:
(i) As part of the recipient’s registration profile at https://www.sam.gov. (ii) No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7,
2025, the executive total compensation must be reported by no later than December 31, 2025.)
(c) Reporting of total compensation of subrecipient executives—(1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if:
(i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000;
(ii) In the subrecipient’s preceding fiscal year, the subrecipient received:
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the executives through periodic reports Page: 10 of 19
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filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see
the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph
(c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (d) Exemptions. (1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report:
(i) Subawards, and
(ii) The total compensation of the five most highly compensated executives of any subrecipient. (e) Definitions. For purposes of this award term:

Entity includes:
(1) Whether for profit or nonprofit:
(i) A corporation;
(ii) An association;
(iii) A partnership;
(iv) A limited liability company;
(v) A limited liability partnership;
(vi) A sole proprietorship;
(vii) Any other legal business entity;
(viii) Another grantee or contractor that is not excluded by subparagraph (2); and (ix) Any State or locality;
(2) Does not include:
(i) An individual recipient of Federal financial assistance; or (ii) A Federal employee.

Executive means an officer, managing partner, or any other employee holding a management position.

Subaward has the meaning given in 2 CFR200.1.

Subrecipient has the meaning given in 2CFR 200.1.

Total Compensation means the cash and noncash dollar value an executive earns during an entity’s preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2).

Condition 12
Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application.

Condition 13
Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112.

Condition 14
Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).

Condition 15
Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.

Condition 16
Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is Page: 11 of 19
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to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603.

Condition 17
Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute.

Condition 18
False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.

Condition 19
Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.

Condition 20
Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress in implementing the award, and, as applicable, community policing strategies including gauging the effectiveness of your agency’s community policing capacity. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award.

Condition 21
System for Award Management (SAM.gov) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management (SAM.gov) and Universal Identifier Requirements (a) Requirement for System for Award Management. (1) Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient’s registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient’s immediate and highest-level owner and subsidiaries and providing information about the recipient’s predecessors that have received a Federal award or contract within the last three years.
(b) Requirement for Unique Entity Identifier (UEI). (1) If the recipient is authorized to make subawards under this Federal award, the recipient:
(i) Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient.
(ii) Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM.gov to obtain a UEI. (c) Definitions. For the purposes of this award term:

System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient. Additional information about Page: 12 of 19
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registration procedures may be found in SAM.gov (currently at https://www.sam.gov).

Unique entity identifier means the universal identifier assigned by SAM.gov to uniquely identify an entity.

Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1:
(1) Non-Federal entity;
(2) Foreign organization;
(3) Foreign public entity;
(4) Domestic for-profit organization; and
(5) Federal agency.

Subaward has the meaning given in 2 CFR 200.1.

Subrecipient has the meaning given in 2 CFR 200.1.

Condition 22
Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a highrisk recipient. 2 C.F.R. § 200.208.

Condition 23
Criminal Intelligence Systems: Recipients using award funds to operate an interjurisdictional criminal intelligence system must comply with the operating principles of 28 C.F.R. Part 23. At the time of application, the recipient assured the COPS Office that it will comply with the requirements of 28 C.F.R. Part 23.

Condition 24
Allowable Costs: The funding under this award is for the payment of approved costs for program-specific purposes.

The allowable costs approved for your agency's award are limited to those listed in your agency’s award package. In accordance with 2 C.F.R. § 200.400(g), the recipient or subrecipient must not earn or keep any profit resulting from the award. Your agency may not use award funds for any costs not identified as allowable in the award package.

Condition 25
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Recipient agrees that it, and its subrecipients, will not use award funds to extend, renew, or enter into any contract to procure or obtain any covered telecommunication and video surveillance services or equipment as described in 2 CFR §200.216. Covered services and equipment include telecommunications or video surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or 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 China. The use of award funds on covered telecommunications or video surveillance services or equipment are unallowable.

2. C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019, Public Law 115-232.

Condition 26
Sole Source Justification: Recipients who have been awarded funding for the procurement of an item (or group of items) or service in excess of $250,000 and who plan to seek approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing down award funds for that item or service. 2 C.F.R. § 200.325(b)(2).

Condition 27
Buy America Preference
Recipients of an award of Federal financial assistance for the construction, alteration, maintenance, or repair of infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless:
(1) All iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; Page: 13 of 19
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(2) All manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and (3) All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below.

Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated.

Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified.

Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:
(a) For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (b)For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.

Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered “produced in the United States.” Except as specifically provided, only a single standard should be applied to a single construction material.
(1) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.
(2) Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.
(3) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.
(4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.
(5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the Page: 14 of 19
Packet Page. 1018
draw, occurred in the United States.
(6) Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States.
(7) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. (8) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

Waivers.

When necessary, recipients may apply for, and the Office of Community Oriented Policing Services (COPS Office) may grant, a waiver from these requirements.

The COPS Office may waive the application of the Buy America Preference when it has determined that one of the following exceptions applies:
(1) applying the Buy America Preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

A request to waive the application of the Buy America Preference must be in writing. If requested, the COPS Office will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.

Recipients do not need to obtain a waiver of the Buy America Preference requirements from the COPS Office if they will use only iron, steel, manufactured products, and construction materials that meet the criteria as specified above for the project.

If a recipient determines a waiver is necessary, an application for a waiver should be submitted as soon as possible and provide detailed information to expedite the COPS Office’s review. Recipients agree not to obligate, expend or draw down funds for infrastructure projects or activities unless they comply with the Buy America Preference requirements or request and obtain a waiver of the requirements from the COPS Office.

If you have any questions about this requirement or requesting a waiver of the requirement, please contact your COPS Office Program Manager at 800-421-6770.

Condition 28
Domestic preferences for procurements: Recipient agrees that it, and its subrecipients, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, January 25, 2021.

Condition 29
Requirement to report actual or imminent breach of personally identifiable information (PII).

The recipient (and any subrecipient at any tier) must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.1) within the scope of a COPS Office grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to the recipient’s COPS Office Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Condition 30
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Community Policing: Community policing activities to be initiated or enhanced by your agency were identified and described in your award application. All equipment, technology, training, and civilian positions awarded under your agency's COPS Office award must be linked to the implementation or enhancement of community policing. 34 U.S.C. § 10382 (c)(10).

Condition 31
Compliance with National Environmental Policy Act and related statutes: Upon request, the recipient must assist the COPS Office in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds. Accordingly, the recipient agrees to determine if new construction or renovation or remodeling of a property will be funded by the grant, and if so, agrees to comply with all NEPA requirements prior to obligating, expending, or drawing down award funds for any award purposes. The recipient understands and agrees that complying with NEPA may require the preparation of an environmental study, including an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS), as directed by the COPS Office. The NEPA compliance process may take several months to complete. 42 U.S.C. §§ 4321 et seq.

Condition 32
Travel Costs: Travel costs for transportation, lodging and subsistence, and related items are allowable with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. § 200.475.

Condition 33
The Paperwork Reduction Act Clearance and Privacy Act Review: Recipient agrees, if required, to submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA). Before submission to OMB, all information collections that request personally identifiable information must be reviewed by the COPS Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and the PRA clearance process may take several months to complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a.

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

Condition 35
Extensions: Recipients may request an extension of the award period to receive additional time to implement their award program. Such extensions do not provide additional funding. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Extension requests must be received prior to the end date of the award. 2 C.F.R. §§ 200.308(f)(10) and 200.309.

Condition 36
Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).

Condition 37
Modifications: Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(i).

For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office.

Condition 38
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Packet Page. 1020
State Information Technology Point of Contact: The recipient agrees to ensure that the appropriate State Information Technology Point of Contact receives written notification regarding any technology or information-sharing project funded by this award during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these award funds.

In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to https://it.ojp.gov/technology-contacts.

Condition 39
Computer Network Requirement: The recipient understands and agrees that no award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

Consolidated Appropriations Act, 2024, Public Law 118-42, Division C, Title V, Section 527.

Condition 40
Contracts and/or MOUs with Other Jurisdictions: Items funded under this award must only be used for law enforcement activities or services that benefit your agency and the population that it serves and cannot be utilized by other agencies unless the items benefit the population that your agency serves. [ ] I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

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

C. Accept this award on behalf of the applicant.

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

Agency Approval
Title of Approving Official
COPS Director
Name of Approving Official
Hugh T. Clements
Signed Date And Time
9/18/24 10:07 PM
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Authorized Representative
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Packet Page. 1022
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Packet Page. 1023
peregrine.io Peregrine Partnership Proposal
Data Sources:
§ Tyler Tech CAD
§ Tyler Tech RMS
§ Axon Evidence.com
Year 1 Price
Pricing
Pricing Notes:.
§ Pricing assumes 125mm annual ALPR reads
§ Pricing assumes 311 sworn officers
§ Peregrine will cover up to $5,000 for any API / data access fees imposed by in-scope vendors to access their data within Peregrine. § Years 1 and 2 include additional costs for initial setup, data ingestion, data modeling, configuration, support and training § Ongoing year prices covers all aspects of data integration, modeling, cleansing, pipelining, workflow development, and continuous access within the Peregrine platform for the duration of the agency contract Packages Scope Definitions & Deliverables
§ IA Pro
§ Flock LPR
§ Vigilant LPR
Core Data Sources
Platform
Features
The following platform features are available at no cost to all Peregrine customers:

Core Platform Features
Web & Mobile application access for unlimited agency users Rapid search across all in-scope data sources
Map, Graph, Tables, Network & Charting functionalities
CJIS Compliant secure file storage & sharing
APBNet imports
Imagery Uploads / GIS Imagery
Call Detail Records (CDR) imports
DNA / Print Imports
Pre-built User Import Capabilities
NIBIN Imports via Email
Mobile Pings
Social Media Warrant (SMW)
imports
Census Data
Weather Data
§ Genetec CCTV
§ IVC Trailer Cameras
§ Brazos RIPA
§ InTime
§ Laserfiche
§ Linear DIMS
§ AVL (out of CAD)
§ Crash/Citations (out of CAD)
§ NIBIN (via huddle)
Year 2 Price Year 3 Price Year 4 Price Year 5 Price
$400,000 $250,000 $115,500 $115,500 $115,500
Packet Page. 1024

Q-617097-45588.708MA
Issued: 10/23/2024
Quote Expiration: 12/31/2024
Estimated Contract Start Date: 03/01/2025
Account Number: 106954
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
San Bernardino Police Dept. - CA
710 N D St
San Bernardino,
CA
92401-1112
USA
San Bernardino Police Dept. - CA
710 N D St
San Bernardino
CA
92401-1112
USA
Email:

Lauren Gauer
Phone: 480-580-3639
Email: [email protected]
Fax:

Adam Affrunti
Phone: (909) 384-5606
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $103,832.76 TOTAL COST $1,919,723.40
ESTIMATED TOTAL W/ TAX $1,943,446.99 TOTAL SAVINGS $519,163.80 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Packet Page. 1025

Payment Summary
Date Subtotal Tax Total
Feb 2025 $738,700.00 $9,128.72 $747,828.72
Feb 2026 $487,500.00 $6,024.43 $493,524.43
Feb 2027 $231,174.46 $2,856.81 $234,031.27
Feb 2028 $231,174.47 $2,856.81 $234,031.28
Feb 2029 $231,174.47 $2,856.82 $234,031.29
Total $1,919,723.40 $23,723.59 $1,943,446.99
Packet Page. 1026

Quote Unbundled Price: $2,438,887.20
Quote List Price: $2,259,145.20
Quote Subtotal: $1,919,723.40
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
M00019 BUNDLE - FUSUS ENTERPRISE PLUS 1 60 $30,077.31 $27,081.61 $22,895.39 $1,373,723.40 $8,761.09 $1,382,484.49 A la Carte Hardware
101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD
STORAGE 20 $2,000.00 $1,800.00 $36,000.00 $3,150.00 $39,150.00 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 30 $5,000.00 $4,500.00 $135,000.00 $11,812.50 $146,812.50 A la Carte Software
101360 AXON RESPOND - FUSUSONE - ENTERPRISE SAAS
EXPANSION 3 60 $2,260.27 $2,083.33 $375,000.00 $0.00 $375,000.00 A la Carte Services
101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 88 $425.00 $0.00 $0.00 $0.00 $0.00 A la Carte Warranties
101424 AXON RESPOND - FUSUSCORE - EXTENDED
WARRANTY 20 49 $0.00 $0.00 $0.00 $0.00 $0.00
101424 AXON RESPOND - FUSUSCORE - EXTENDED
WARRANTY 30 49 $0.00 $0.00 $0.00 $0.00 $0.00
Total $1,919,723.40 $23,723.59 $1,943,446.99
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - FUSUS ENTERPRISE PLUS 101386 AXON RESPOND - FUSUSCORE - PRO 2.0 4TB HDD STORAGE 60 1 02/01/2025 BUNDLE - FUSUS ENTERPRISE PLUS 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 4 1 02/01/2025 BUNDLE - FUSUS ENTERPRISE PLUS 101390 AXON RESPOND - FUSUSCORE - ELITE 2.0 44TB HDD STORAGE 4 1 02/01/2025
BUNDLE - FUSUS ENTERPRISE PLUS 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 10 1 02/01/2025
BUNDLE - FUSUS ENTERPRISE PLUS 101408 AXON RESPOND - FUSUSCORE - CAD 1 1 02/01/2025 BUNDLE - FUSUS ENTERPRISE PLUS 101409 AXON RESPOND - FUSUSCORE - LISTEN 1 1 02/01/2025 A la Carte 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 20 1 02/01/2025 A la Carte 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 30 1 02/01/2025
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Packet Page. 1027

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - FUSUS ENTERPRISE PLUS 101359 AXON RESPOND - FUSUSONE - ENTERPRISE PLUS LEVEL SAAS 1 03/01/2025 02/28/2030
A la Carte 101360 AXON RESPOND - FUSUSONE - ENTERPRISE SAAS EXPANSION 3 03/01/2025 02/28/2030
Services
Bundle Item Description QTY
BUNDLE - FUSUS ENTERPRISE PLUS 101421 AXON RESPOND - FUSUS SOFTWARE IMPLEMENTATION 3 A la Carte 101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 88 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - FUSUS ENTERPRISE PLUS 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 02/01/2026 02/28/2030 BUNDLE - FUSUS ENTERPRISE PLUS 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 60 02/01/2026 02/28/2030 BUNDLE - FUSUS ENTERPRISE PLUS 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 4 02/01/2026 02/28/2030 BUNDLE - FUSUS ENTERPRISE PLUS 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 4 02/01/2026 02/28/2030 BUNDLE - FUSUS ENTERPRISE PLUS 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 10 02/01/2026 02/28/2030 BUNDLE - FUSUS ENTERPRISE PLUS 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 02/01/2026 02/28/2030 A la Carte 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 20 02/01/2026 02/28/2030 A la Carte 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 30 02/01/2026 02/28/2030 Packet Page. 1028

Shipping Locations
Location Number Street City State Zip Country
1 710 N D St San Bernardino CA 92401-1112 USA
Payment Details
Feb 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 101360 AXON RESPOND - FUSUSONE - ENTERPRISE SAAS EXPANSION 3 $144,298.13 $0.00 $144,298.13 Year 1 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 20 $13,852.62 $1,212.10 $15,064.72 Year 1 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 30 $51,947.33 $4,545.39 $56,492.72 Year 1 101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 88 $0.00 $0.00 $0.00 Year 1 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 30 $0.00 $0.00 $0.00 Year 1 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 20 $0.00 $0.00 $0.00 Year 1 M00019 BUNDLE - FUSUS ENTERPRISE PLUS 1 $528,601.92 $3,371.23 $531,973.15 Total $738,700.00 $9,128.72 $747,828.72
Feb 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 101360 AXON RESPOND - FUSUSONE - ENTERPRISE SAAS EXPANSION 3 $95,228.56 $0.00 $95,228.56 Year 2 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 20 $9,141.94 $799.92 $9,941.86 Year 2 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 30 $34,282.28 $2,999.70 $37,281.98 Year 2 101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 88 $0.00 $0.00 $0.00 Year 2 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 30 $0.00 $0.00 $0.00 Year 2 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 20 $0.00 $0.00 $0.00 Year 2 M00019 BUNDLE - FUSUS ENTERPRISE PLUS 1 $348,847.22 $2,224.81 $351,072.03 Total $487,500.00 $6,024.43 $493,524.43
Feb 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 101360 AXON RESPOND - FUSUSONE - ENTERPRISE SAAS EXPANSION 3 $45,157.77 $0.00 $45,157.77 Year 3 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 20 $4,335.15 $379.33 $4,714.48 Year 3 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 30 $16,256.80 $1,422.47 $17,679.27 Year 3 101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 88 $0.00 $0.00 $0.00 Year 3 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 30 $0.00 $0.00 $0.00 Year 3 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 20 $0.00 $0.00 $0.00 Year 3 M00019 BUNDLE - FUSUS ENTERPRISE PLUS 1 $165,424.74 $1,055.01 $166,479.75 Total $231,174.46 $2,856.81 $234,031.27
Feb 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101360 AXON RESPOND - FUSUSONE - ENTERPRISE SAAS EXPANSION 3 $45,157.77 $0.00 $45,157.77 Year 4 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 20 $4,335.15 $379.33 $4,714.48 Year 4 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 30 $16,256.80 $1,422.47 $17,679.27 Year 4 101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 88 $0.00 $0.00 $0.00 Year 4 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 30 $0.00 $0.00 $0.00 Packet Page. 1029

Feb 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 20 $0.00 $0.00 $0.00 Year 4 M00019 BUNDLE - FUSUS ENTERPRISE PLUS 1 $165,424.75 $1,055.01 $166,479.76 Total $231,174.47 $2,856.81 $234,031.28
Feb 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 101360 AXON RESPOND - FUSUSONE - ENTERPRISE SAAS EXPANSION 3 $45,157.77 $0.00 $45,157.77 Year 5 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 20 $4,335.15 $379.32 $4,714.47 Year 5 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 30 $16,256.80 $1,422.47 $17,679.27 Year 5 101422 AXON RESPOND - FUSUS HARDWARE DEPLOYMENT 88 $0.00 $0.00 $0.00 Year 5 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 30 $0.00 $0.00 $0.00 Year 5 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 20 $0.00 $0.00 $0.00 Year 5 M00019 BUNDLE - FUSUS ENTERPRISE PLUS 1 $165,424.75 $1,055.03 $166,479.78 Total $231,174.47 $2,856.82 $234,031.29
Packet Page. 1030

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Packet Page. 1031

\s1\ \d1\
Signature Date Signed
10/23/2024
Packet Page. 1032


 





 

 




   
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`4>82 C484>8;71H2A?>;?@234>7F1;8;71H2?1C2@;>415426@?84234>7F1;8;71H2894234?@[8;B42>3;B42732B71;873;1F258?8;712>?12637?>8;M4@<2 ;C418;A<2?1C2345671C2872678418;?@254>G3;8<28934?85O2 2 I4>873JKL2415G345254?B@4552148Q73^2>7114>8;M;8<28937GF9258?84[7A[894[?382K;^@G2P433?a3?69284>917@7F<H2637M;C;1F2 ?237EG58H24b6?1C?E@42B4592BG@8;[67;182Q;34@4552E?>^E7142Q;892F;F?E;82>7114>8;M;8<2?1C2cdV[C4F3442>7M43?F4O2P9;52 148Q73^2;1A3?583G>8G34H2>7BE;14C2Q;892P<>712K<584B527G8C7732JRK25<584B52A73267Q4325G66@<H2FG?3?184452 G1;18433G684C27643?8;712A732G62872eV297G35H24M412;1289424M41827A267Q4327G8?F45O2 2 P72419?1>425<584B2345;@;41>4H2I4>873JKL2;B6@4B41852?234CG1C?182?6637?>92E<24fG;66;1F24?>925415732Q;892?12KS2 >?3C2A73234>73C;1F2A?;@7M432;12>?5427A2>7114>8;712A?;@G34O2P9;5234CG1C?1><2415G3452>718;1G7G527643?8;712?1C2C?8?2 ;184F3;8<H2B?;18?;1;1F2?>>G3?842B71;873;1F2?1C234>73C;1FH26?38;>G@?3@<2?828942R7@;>42S46?38B418258?8;71O2 2 gM43?@@H2I4>873JKL=5257@G8;712178271@<2B448528942:;8<=52;BB4C;?842144C52A732419?1>4C26GE@;>25?A48<2EG82?@572 458?E@;59452?2A7G1C?8;712A732AG8G342F37Q892?1C2;117M?8;712;12M;C4725G3M4;@@?1>4284>917@7F<O2h;892?2A7>G52712 34@;?E;@;8<H25>?@?E;@;8<H2?1C234CG1C?1><H289;5257@G8;712;5267;54C28725G6673828942:;8<=524M7@M;1F25G3M4;@@?1>42 34fG;34B41852A732<4?352872>7B4O2 2 g68;71?@2R3;>;1Fi2 g127G3263;>;1F26?F4H2I4>873JKL2637M;C4C2e[@;142;84B52A732768;71?@263;>;1FO222 g68;712U2;52A7326?<B4182?1C2643A73B?1>42E71C5O2h9;@426?<B4182?1C2643A73B?1>42YRjRZ2E71C52Q4342178234fG4584C2 ?526?3827A28942klRH2E?54C27127G324b643;41>4H2894<2?3428<6;>?@@<2637M;C4C2A7326GE@;>2Q73^52637`4>85O22K97G@C2;82E42 C4843B;14C289?828942>;8<234fG;3452RjR2E71C5H2Q429?M42;1>@GC4C28942>7582?52768;71?@O2 2 g68;712e29?52E4412637M;C4C2?52?25;1F@42@;14[;84B2>7582872?CC27142RPm2>?B43?2?@71F2Q;892?@@234fG;34C25G66738;1F2 ;1A3?583G>8G34O22h9;@428942>;8<24b634554C2?12;18434582;12BG@8;25415732>?B43?52?824?>92@7>?8;71H2894342B?<2E42;158?1>452 Q943428942>;8<n52RS2A44@528942G5427A2?2RPm2>?B43?2;12>71`G1>8;712Q;8928942BG@8;25415732>?B43?2B?<2637M;C428942E4582 7M43M;4Q27A2?12?34?O22P9;52768;71?@2@;142;84B27AA43528942>;8<2?12;C4?27A2Q9?828942>7582Q7G@C2E426432;158?1>4H2597G@C2 8942144C2?3;54O2 2 2 Packet Page. 1034









 





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"#$%&'(')*&'+%,+(,-.+/+0$., 123456789:7;597:<97<<=5>>9?@9AB59C?;D7:EF9GHIJKLMNHOKPLIHOQMRSI2MTU1MGHIJKLVWXQMYZ[\M]J^MWJLHHJQMN1SI^KM _PI1`KSa1QM_XM]b\cdM U23456789@?=;9?@9C?;D7:E9eD7=A:5=>BfDg9C?=D?=7Af?:hFM_KLiKL1JjKSM I23klmnopqrstmuvmrmwxoyytmowsz{mv|}vu{ur~tmolmrmqr~zs€mnopqrst‚mu{zs€ultm€xzmqr~zs€mnopqrstƒ‚„M †XM T23
1`HQMJjJ‡HQM1TTLHOOM1STMJH‡Hi^KSHMSP`UHLMKˆMJ^HMiLKiKOHTMLHiLHOHSJ1Jj‰HMJKMIKSJ1IJMIKSIHLSjSaMJ^HM ŠLKiKO1‡MWPU`jJJ1‡‹MWIKJJMW^jˆˆHLQMWL2MXIIKPSJMŒHIPJj‰HQMYZ[\M]J^MWJLHHJQMN1SI^KM_PI1`KSa1QM_XM]b\cdQM Ž]d]M‘’cddQMOO^jˆˆHL“‰HIJKLPO12IK`MM H23”78f@?=:f79•–>f:5>>94fC5:>59—–;˜5=FMZ[d[ZMŽ™š›œžŸœš ¡M‡jIHSOHQM]bc\‘cMŽ_jJ¢MKˆMW1SM£HLS1LTjSKM £POjSHOOM‡jIHSOHM M 9 Packet Page. 1036









 





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"#$%%&'()*+,-./0+,) 123456784932:;<545;=>?4@;<5234A7BB4932C7D;4=45;=>42E4FGH62IBD4A;4J;;D4524932C7D;4>23;49;382JJ;B?4@;<523KLM4 ;>9B2N;;846=C;4>23;456=J4OPQ49;29B;453=7J;D4=JD4<;357E7;D45248I99235456;4932DI<584=JD48;3C7<;84A;42EE;34A;4<=J4 I57B7R;HS;46=C;4=4<2>9B;5;48;<I375N45;=>42E4<;357E7;D4>=J=T;>;J5?4;JT7J;;37JT?429;3=572J=B?4=JD4<2J8IB57JT4 3;82I3<;84A7564;U9;3578;47J429;3=572J84=JD45;<6J2B2TNH4 4 VWXYZ[\]^Z_`a] b6;4E23>=572J42E42I345;=>84784=4932<;8845=7B23;D4524;=<64932:;<5c84D7857J<549=3=>;5;38H4S;46=JD97<d4932E;8872J=B84 A6246=C;45=JT7eB;4;U9;37;J<;47J4D;87TJ7JT4=JD47>9B;>;J57JT487>7B=348I3C;7BB=J<;482BI572J8H44 4 M<<2IJ54f=J=T;>;J5g4hI34h9;3=572J84=JD4i32:;<54f=J=T;3848;3C;4=8456;4937>=3N4B7=782J84e;5A;;J4@;<523KLM4=JD4 2I34<B7;J58H4b6;N4=3;43;892J87eB;4E234IJD;385=JD7JT4<B7;J54J;;D8?4E=<7B75=57JT4;EE;<57C;4<2>>IJ7<=572J?4=JD4;J8I37JT4 932:;<542e:;<57C;84=3;4>;5H4 4 LI992354L5=EEg]j2>93787JT4=D>7J7853=57C;4932E;8872J=B8?4kb489;<7=B7858?4=JD4256;348I9923549;382JJ;B?456784T32I949B=N84 =4<3I<7=B432B;47J4>=7J5=7J7JT4D=Nl52lD=N429;3=572J84=JD4=7D7JT4=<32884C=372I84EIJ<572J8H4LI992354L5=EE4575B;847J<BID;?4 i6N87<=B4L;<I375N4123>=J?4mGn4i6N87<=B4L;<I375N4b;<6J7<7=J8?4j2>>IJ7<=572J84123>=J?4mGn4j2>>IJ7<=572J84 b;<6J7<7=J?4i6N87<=B4L;<I375N4oJTJ7J;;3?4p;5A23d4oJT7J;;34=JD4mGn4oB;<537<=B4q2I3J;N>=JH4 4 rZs]VZWaXttZu]] vZ[wWx\s]vXuw\xXta]yW[zx\Z[\]{|Zax}t]Vz_aZ]vZW~x[Za]_t_}ZW€]]‚WtZa\]ƒ_W\XXtx_t84 „2=857JT42C;34GQ4N;=3847J456;4;C2BC7JT48;<I375N4B=JD8<=9;?4o3J;854 =3522J7=J846=84A75J;88;D4=JD4=D=95;D452456;4 53=J87572J4E32>4B;T=<N4=J=B2T48N85;>84524<2J5;>923=3N4kile=8;D48;<I375N482BI572J8H4 784;U5;J87C;4dJ2AB;DT;4 ;U5;JD8452456;47J537<=<7;842E4<;J53=B7R;D48I3C;7BB=J<;4D=5=4<;J5;38?4<2I9B;D4A7564=J47JlD;9564IJD;385=JD7JT42E4 J;5A23d7JT493252<2B84=JD4<Ne;38;<I375N4e;85493=<57<;8H4o3J;854<2J8785;J5BN4D;B7C;3848;<I375N4E3=>;A23d8456=54=B7TJ4 A756?4=JD42E5;J4;U<;;D?4932:;<5489;<7E7<=572J8?47JDI853N4e;J<6>=3d8?4=JD43;TIB=523N485=JD=3D8H4 4 Vzsax[_u]vZ[wWx\s]†‡ZW_\xXta]_t_}ZW]]yt\zXts]ˆZW~_t\Za]4 S75642C;34OQ4N;=3842E4;U9;37;J<;47J4>=J=T7JT4<2>9B;U48I3C;7BB=J<;4=JD48;<I375N4932:;<5846;49288;884=4932C;J453=<d4 3;<23D42E4IJD;385=JD7JT48;<I375N48N85;>84e25647J45;3>842E4>=J=T;>;J54=JD48N85;>4EIJ<572J=B75N4;U9;<5=572J8H4 S23d4=B2JT87D;48;<I375N4<2J8IB5=J58?4=3<675;<58?4;JT7J;;38?4=JD4932:;<54>=J=T;345243;C7;A4=JD4=9932C;48I3C;7BB=J<;4 8N85;>4D;87TJ8H4 784;U9;3578;4;U5;JD84524;EE;<57C;BN4>=J=T7JT4<6=JT;847J4932:;<548<29;42343;‰I73;>;J58?4=88;887JT4 56;7347>9=<542J4eIDT;5?48<6;DIB;?4=JD43;82I3<;8H4 4 vZ[wWx\s]‚t}xtZZW]]ˆ_WuXa]Š_`xWZ‹] j=3B284Œ=>73;Rc8432B;47847J5;T3=B452456;429;3=572J=B48I<<;8842E456;48I3C;7BB=J<;48N85;>H4MJ4;U9;3547J4C7D;24 >=J=T;>;J5482E5A=3;?46;4<2JE7TI3;848N85;>84524>=U7>7R;4E;=5I3;84B7d;4>2572J4D;5;<572J?4E=<7=B43;<2TJ7572J?4=JD4 =DC=J<;D4=J=BN57<8H4 784=9932=<64;>96=87R;84e25647>>;D7=5;48;<I375N4J;;D84=JD4EI5I3;48<=B=e7B75NH4„;N2JD47J757=B4 8;5I98?4j=3B284<2JDI<5847JlD;95648N85;>45;8584524;J8I3;4EIJ<572J=B4<26;3;J<;4=JD43;B7=e7B75N?4A67B;4=B824D;C;B297JT4 =JD4E=<7B75=57JT453=7J7JT4>2DIB;84E234;JDlI8;384524;J8I3;42957>=B48N85;>4I57B7R=572JH4 ] ŠZaw`Z]] Ž‚WtZa\]ƒ_W\XXtx_ta4vZ[wWx\s]vXuw\xXta]yW[zx\Z[\]]] oDI<=572Jg4oB;<532J7<84oJT7J;;37JT4M882<7=5;D4‘;T3;;4’4L=C;64MR=D4KJ7C;3875N4mF“““n4 b3=7J7JT4=JD4j;357E7<=572J8g4 ”4 @;B2<75N4OH•4–4 738<64
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Packet Page. 1042









 





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`abca^_`decfgbhc_ij=456789:;<=8EE59@=?=>8OH@7H6=?GG98?6>=78=@56N9H7DL=68A59HIK=5A59D7>HIK=E98P=kl= HIE9?@79N67N95=?IJ=6DM59=@56N9H7D=78=?NJH8QAH@N?O=@D@75P@=?IJ=G>D@H6?O=@56N9H7DT=l>H@=68PG95>5I@HA5=5FG597H@5= 5I?MO5@=N@=78=J5@HKI=?IJ=HPGO5P5I7=@8ON7H8I@=7>?7=@5?PO5@@OD=HI75K9?75=RH7>=5FH@7HIK=HIE9?@79N67N95=R>HO5= P557HIK=5A8OAHIK=@56N9H7D=J5P?IJ@T= \] mncop_dqnrstdupscn`j=YH7>=?=>H@789D=8E=@N665@@ENOOD=5F56N7HIK=INP598N@=@56N9H7D=G98V567@=@577HIK@L=R5=>?A5=?I= HI7HP?75=NIJ59@7?IJHIK=8E=7>5=NIHZN5=I55J@=?IJ=6>?OO5IK5@=@G56HEH6=78=7>5@5=5IAH98IP5I7@T=l>H@=SI8RO5JK5= ?OO8R@=N@=78=J5@HKI=@8ON7H8I@=7>?7=?95=I87=8IOD=756>I8O8KH6?OOD=?JA?I65J=MN7=?O@8=G9?67H6?OOD=5EE567HA5T= \] vgfbh`hishwfh_rnxdqpryj=UN9=75?P=68PG9H@5@=5FG597@=?698@@=A?9H8N@=J8P?HI@L=HI6ONJHIK=I57R89S=HIE9?@79N67N95L= 6DM59=@56N9H7DL=<4=@D@75P@L=?IJ=G>D@H6?O=@56N9H7DT=l>H@=PNO7HJH@6HGOHI?9D=?GG98?6>=5I@N95@=7>?7=8N9=@8ON7H8I@=?95= R5OOQ98NIJ5JL=?JJ95@@HIK=5A59D=E?657=8E=@56N9H7D=68PG95>5I@HA5ODT= \] zfhp_bazp_bnhsd{wwncrs|j=Y5=G9H89H7HW5=8N9=6OH5I7@[=I55J@=?IJ=5IK?K5=HI=5F75I@HA5=68I@NO7?7H8I@=78=NIJ59@7?IJ= 7>5H9=G?HI=G8HI7@=?IJ=@G56HEH6=95ZNH95P5I7@T=l>H@=6OH5I7Q65I79H6=?GG98?6>=5I?MO5@=N@=78=7?HO89=8N9=@8ON7H8I@=78= 5?6>=HI@7H7N7H8I[@=NIHZN5=@56N9H7D=O?IJ@6?G5T= 456789:;<=M9HIK@=?=R5?O7>=8E=5I759G9H@5=5FG59H5I65=78=7>H@=G98V567L=RH7>=?=G98A5I=79?6S=95689J=8E=HPGO5P5I7HIK= 4};=~4HJ58=}?I?K5P5I7=;D@75P=?GGOH6?7H8I@=HI=PH@@H8IQ69H7H6?O=5IAH98IP5I7@T=UN9=5FG597H@5=5F75IJ@=M5D8IJ= 79?JH7H8I?O=@56N9H7D=?IJ=@N9A5HOO?I65=?GGOH6?7H8I@L=5I68PG?@@HIK=@G56H?OHW5J=J5GO8DP5I7@=HI=HIJN@79H?O=@577HIK@L=@N6>= ?@=G897@=?IJ=68I7?HI59=759PHI?O@L=R>595=6?P59?=@D@75P@=GO?D=?=AH7?O=98O5=HI=8G59?7H8I@T= kI=?JJH7H8I=78=8N9=5F75I@HA5=5FG597H@5L=456789:;<=>?@=@N665@@ENOOD=5F56N75J=INP598N@=G98V567@=OHS5=7>5=€9HP5= €?P59?=;D@75P=98V567T=l>5@5=5FG59H5I65@=>?A5=5ZNHGG5J=N@=RH7>=HIA?ON?MO5=HI@HK>7@=?IJ=>8I5J=8N9=?MHOH7D=78= I?AHK?75=68PGO5FH7H5@=HI>595I7=78=G98V567@=8E=7>H@=I?7N95T=Y5=?95=68IEHJ5I7=7>?7=8N9=G98A5I=79?6S=95689J=?IJ= J5JH6?7H8I=78=5F65OO5I65=P?S5=N@=?=@798IK=68I75IJ59=E89=7>H@=5IJ5?A89T= ebr‚‚dmribd^ƒwpnhp_spdd „ †‡ˆ‰Šˆ‹‰ŒˆŽ‘’ˆ“ˆ”Œ•ˆ–†—†ˆ˜
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`-65a('5HJ)67-$H'9* * ?$%&'()*'+*,-)*./012*30/1)*4'5,067,'0* 8'((60*96(:)*'+*,-)*;)09/7);2*<??A@_>B$B#* 8'((60*96(:)*'+*,-)*+))2*CDE* 8);70/F,/'5*'+*;)09/7);2X)7,'0bME*-6;*'0*K/((*F0'9/G)*65G*/5;,6((*6*5)K*E9/H/('5*;:09)/((657)*;I;,)1*:FH06G)* ,-6,*/57(:G);*5)K*761)06;*6,*,-)*4/,I*c6((D4/9/7*4)5,)0D3'(/7)*8)F60,1)5,*[:/(G/5H$O-)*[)67-*461)06;* /57(:G)G*M/`(:*K/0)();;*J67`-6:(*,'*J0/5H*7'55)7,/9/,I*,'*,-)*J)67-$* M,6++/5H23N@*4'11:5/76,/'5*M:F)0/5,)5G)5,@*4'11:5/76,/'5;*O)7-5/7/65;@*3-I;/76(*M)7:0/,I*O)7-5/7/65;@* 3-I;/76(*M)7:0/,I*P5H/5))0@*65G*P()7,0/76(*Q':05)I165$* 8:06,/'5*'+*F0'9/G/5H*;)09/7);2*Q65:60I*?A@*?>?R*W*30);)5,* &)(6,/'5;-/F*,'*7(/)5,2*30'+);;/'56(* 4'5,67,*561)@*F';/,/'5@*)5,/,I*561)@*,)()F-'5)*5:1J)0@*+6U*5:1J)0@*65G*)16/(*6GG0);;2*M7',,*N6,6('5@ P1)0H)57I*30)F60)G5);;*65G*4'11:5/76,/'5;*\3YT]*N656H)0@*4/,I*'+*3'0,*c:)5)1)@*F/'a7/$F'0,W -:)5)1)$76$:;* * R$%&'()*'+*,-)*./012*30/1)*4'5,067,'0* 8'((60*96(:)*'+*,-)*;)09/7);2*<??=@L^=$^A* 8'((60*96(:)*'+*,-)*+))2*CDE* 8);70/F,/'5*'+*;)09/7);230'9/G)G*65G*/5;,6(()G*5)K*;:09)/((657)*761)06;*6,*,-)*360`9/)K*30'+);;/'56(*[:/(G/5H@* 4/,I*c6((*3)0/1),)0@*65G*7'0F'06,)*I60G@*6GG/5H*6((*5)K*761)06;*,'*,-)*)U/;,/5H*d'H5/+I*XNM*;I;,)1$* M,6++/5H23N@*4'11:5/76,/'5*M:F)0/5,)5G)5,@*4'11:5/76,/'5;*O)7-5/7/65;@*3-I;/76(*M)7:0/,I*O)7-5/7/65;@*65G* 3-I;/76(*M)7:0/,I*P5H/5))0* 8:06,/'5*'+*F0'9/G/5H*;)09/7);2*T7,'J)0*#>@*?>??*W*30);)5,* &)(6,/'5;-/F*,'*7(/)5,2*30'+);;/'56(* 4'5,67,*561)@*F';/,/'5@*)5,/,I*561)@*,)()F-'5)*5:1J)0@*+6U*5:1J)0@*65G*)16/(*6GG0);;24(6I,'5*X'5*c)(+@* Y5+'016,/'5*MI;,)1;*N656H)0@*4/,I*'+*36(1*8);)0,@*\^A>]*^^AWAB_=@*`;K60,ea7/,I'+F6(1G);)0,$'0H* * B$%&'()*'+*,-)*./012*30/1)*4'5,067,'0* 8'((60*96(:)*'+*,-)*;)09/7);2*<?@_R>@^=?$B>* 8'((60*96(:)*'+*,-)*+))2*CDE* 8);70/F,/'5*'+*;)09/7);2X)7,'0bME*/;*/5;,6((/5H*65G*7'5+/H:0/5H*\_AB]*X)0`6G6*761)06;@*K/,-*=WI)60*761)06* (/7)5;);@*,-0':H-':,*,-)*c)1),*b5/+/)G*M7-''(*8/;,0/7,$*E*16f'0/,I*'+*,-)*761)06*('76,/'5;*K/((*:,/(/e)*)U/;,/5H* 76J()*/5+06;,0:7,:0)*,'*7'55)7,*,'*,-)*5),K'0`$*\?>#]*('76,/'5;*-69)*J))5*/G)5,/+/)G*6;*0)g:/0/5H*5)K*76J(/5H* /5+06;,0:7,:0)*65G*K/((*-69)*6*5)K*5),K'0`*76J()*/5;,6(()G*,'*;:FF'0,*,-)*5)K*761)06;$* M,6++/5H2*3N@*4'11:5/76,/'5*M:F)0/5,)5G)5,@*4'11:5/76,/'5;*O)7-5/7/65;@*3-I;/76(*M)7:0/,I*O)7-5/7/65;@*65G* 3-I;/76(*M)7:0/,I*P5H/5))0* 8:06,/'5*'+*F0'9/G/5H*;)09/7);2*C'9)1J)0*B@*?>??*W*30);)5,* &)(6,/'5;-/F*,'*7(/)5,2*30'+);;/'56(* 4'5,67,*561)@*F';/,/'5@*)5,/,I*561)@*,)()F-'5)*5:1J)0@*+6U*5:1J)0@*65G*)16/(*6GG0);;2ZI()*&6G+'0G@8/0)7,'0* '+*M)7:0/,I@*c)1),*bM8@*\L=#]*^A=W=#>>*U###>@*(06G+'0Ga-)1),:;G$'0H* * Packet Page. 1044















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`abcdefgeh^ea_hiajh]k`eilea]mangopa a
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Packet Page. 1045















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#$%&'(')*&'+,-+(-.%+/+0*1- 234567849:;<74853494=>5:6=?;@:5;@:5A9BAB:CD5C78E5=>58B;7<5:BE5C<944:5@B5F697;:35:49G;H4:5@B5@345I;@>5;75CHHB98C7H45 J;@35@345K4L64:@5FB95M9BAB:CD5NKOMPE5C785@B5=45=B6785=>5@345@49?:5C785HB78;@;B7:5BF5@345KOMQ5 5 R4H@B95K4:B69H4:E5S7HQ58=C5R4H@B9TUV5 WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW5 KB=49@5X4::;7<49E5YZ4H6@;G45R;H45M94:;847@5 [ 5 Packet Page. 1056















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PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

PEREGRINE TECHNOLOGIES, INCORPORATED
This Agreement is made and entered into as of November 20th, 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, California 92401) (“City”) and Peregrine Technologies Incorporated (a corporation with its principal place of business at 71 Stevenson Street, Floor 7, San Francisco, California 94105) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. WHEREAS, City is a public agency of the State of California and is in need of professional services for an unified data platform (“Project”); and B. WHEREAS, Consultant is duly licensed and has the necessary qualifications to provide such services; and
C. WHEREAS, 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 4b below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A”. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one million dollars and zero cents ($1,000,000). This amount is to cover all related costs for the duration of the term, and Packet Page. 1059

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 the Parties and informal consultations with the other party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes 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 October 2, 2029, 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 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 Packet Page. 1060

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 California Division of Occupational Safety and Health Administration requirements). b. If required, Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

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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 at least as broad as 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
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(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. (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, Packet Page. 1063

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits.

Packet Page. 1064

(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any 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.

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(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law.
k Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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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 (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, 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 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). a. 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 Packet Page. 1067

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 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.
c. If the contract is terminated prior to its completion for any reason, Consultant shall refund the monthly prorated cost of the incomplete term.

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.

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

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

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

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

27. Organization. Consultant shall assign Jordan Karasik as Project Manager.

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

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rochelle Clayton, City Manager
With Copy To:

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

Peregrine Technologies, Inc.
71 Stevenson Street, Floor 7
San Francisco, CA 94105
Attn: Jordan Karasik

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.

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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 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.

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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.

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:

44.1.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

44.1.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

44.1.3 Treasury Compliance and Reporting Guidance for the Act;

44.1.4 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;

44.1.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

44.1.6 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 Packet Page. 1071

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]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

PEREGRINE TECHNOLOGIES
Signature
Name
Title
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EXHIBIT A
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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”.

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:

1. 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.

2. 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.

3. 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.

4. The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or Packet Page. 1075

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.

5. 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.

6. 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.

7. 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.

8. 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.

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 Packet Page. 1076

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:

1. 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.

2. 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 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.

3. 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 Packet Page. 1077

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.

4. 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:

1. 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.

2. 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, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

H. Appendix II to Part 200 (H) – Debarment and Suspension:

1. 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 Packet Page. 1078

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).

2. 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.

3. 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.

4. 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:

1. 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 solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

2. 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.

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3. 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.

4. 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:

1. 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).

1.1. 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).

1.2. Telecommunications or video surveillance services provided by such entities or using such equipment.

1.3. 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.

2. See Public Law 115-232, section 889 for additional information.

L. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

1. 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.

2. For purposes of this section:

2.1. “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.

2.2. ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics Packet Page. 1080

and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

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:

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 business, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

5. 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.

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.

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Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:

1. 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.

2. 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.

3. 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.

4. 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.

5. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.

Part 20.

6. New Restrictions on Lobbying, 31 C.F.R. Part 21.

7. 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 discrimination applicable to the CSLFRF program including, without limitation, the following:

1. 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.

2. 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.

3. 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.

4. 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.

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5. 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.

1. 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.

2. The list of persons and entities referenced in the paragraph above includes the following:

2.1. A member of Congress or a representative of a committee of Congress;

2.2. An Inspector General;

2.3. The Government Accountability Office;

2.4. A Treasury employee responsible for contract or grant oversight or management;

2.5. An authorized official of the Department of Justice or other law enforcement agency;

2.6. A court or grand jury; or

2.7. 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 Packet Page. 1083

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:

1. 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.

2. 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 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.

3. 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.

4. 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.

5. 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 Packet Page. 1084

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).

6. 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.

7. 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.

8. 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 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.

9. 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.

10. 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.

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

AXON ENTERPRISE, INCORPORATED
This Agreement is made and entered into as of November 20th, 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, California 92401) (“City”) and Axon Enterprise, Incorporated (a Delaware corporation with its principal place of business at 17800 North 85th Street, Scottsdale, Arizona 85255) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. WHEREAS, City is a public agency of the State of California and is in need of professional services for an unified intelligence platform for real-time crime monitoring (“Project”); and
B. WHEREAS, Consultant is duly licensed and has the necessary qualifications to provide such services; and
C. WHEREAS, 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 4b below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A”. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one million nine hundred and fifty Packet Page. 1086

thousand dollars ($1,950,000). This amount is to cover all related costs for the duration of the term, 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 the Parties and informal consultations with the other party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes 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 October 2, 2029, 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 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) Packet Page. 1087

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 California Division of Occupational Safety and Health Administration requirements). b. If required, Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

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