Agenda packet — Mayor and City Council, November 20, 2024 (part 5 of 9)

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. 1090

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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:

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(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. 1094

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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 Christopher Jackson 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:

Axon Enterprise, Inc.
5550 Triangle Parkway NW #100
Peachtree Corners, GA 30092
Attn: Christopher Jackson

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
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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 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

AXON ENTERPRISE, 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
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
AXON ENTERPRISE INC.

Signature
Name
Title
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EXHIBIT A
See Attachement marked 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. 1102

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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.

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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.

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. 1104

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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. 1105

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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. 1107

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

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) A. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

B. Affirmative steps shall include:

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.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
A. Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.

B. Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.

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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. 1110

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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:

Page 27 of 27 ends

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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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. 1113

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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. 1114

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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. 1115

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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. 1116

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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. 1117

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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
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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.

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\s1\ \d1\
Signature Date Signed
10/23/2024
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1 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND VECTOR RESOURCES 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, CA 92401 (“City”), and Vector Resources Inc (also known as Vector USA), a Corporation with its principal place of business at 8647 E Ninth Street, Rancho Cucamonga, Ca. 91730 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of vendor services for the following project:

Creation of a public safety camera system in the Downtown area of San Bernardino.

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Page. 1121
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,350,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

6. Term. This Agreement shall commence on September 4, 2024 and continue through the completion of services as set forth in Exhibit “A,” 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.

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3 9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

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5 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 the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury Packet Page. 1125
6 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, 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.

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7 f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional Packet Page. 1127
8 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.
(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:

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

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, Packet Page. 1129
10 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.

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

19. Verification of Employment Eligibility. By executing this Agreement, Packet Page. 1130
11 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.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole Packet Page. 1131
12 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.

27. Organization. Consultant shall assign Skyler Peterson as Project Manager.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Lieutenant Michele Mahan
With Copy To:

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

Vector Resources Inc
8647 Ninth Street
Rancho Cucamonga, Ca. 91730
Attn: Scott Shiffer

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

31. Equal Opportunity Employment. Consultant represents that it is an equal Packet Page. 1132
13 opportunity employer and that it shall not discriminate against any employee or applicant Packet Page. 1133
14 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.

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.

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

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

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

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.

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16 (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

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45. 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:

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

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

45.1.3 Treasury Compliance and Reporting Guidance for the Act;

45.1.4 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;

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

45.1.6 Federal contract provisions attached hereto as Exhibit “C” and incorporated herein by reference.

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO VECTOR USA
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Signature
Name
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Title
Best Best & Krieger LLP
City Attorney
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18 EXHIBIT A

SCOPE OF SERVICES/SCHEDULE OF CHARGES

PROJECT OVERVIEW
The City is seeking to replace the existing camera system with a modern camera system that functions reliably and meets the City’s goal of improving public safety. The project will start with the Downtown area but in future years will be expanded outside of that initial camera zone. The current project zone is within the boundaries of 5th Street to the north, Waterman Avenue to the east, Rialto Avenue to the south, and Interstate 215 to the west. This downtown area will be the core of a future citywide camera system, so it should be built to accommodate future outward expansion at a later date.

The City’s goals for the Downtown camera zone are to improve public safety and reduce crime, along with encouraging economic development and growth within the heart of the City. The cameras are intended to accomplish this by making a wider area of the Downtown area visible to the Police Department through the camera system, allowing police personnel an increased opportunity to detect crime before it is reported.

The cameras should also act as a crime deterrent for the area and as an investigative tool to help police respond more effectively when incidents do take place within the camera zone. Ultimately, the Downtown should be saturated with cameras so that it would be difficult for the suspect of a crime to enter or exit the area without being detected, and that it would be highly likely that any crime committed in the area would be viewed on camera.

The new system should have reliable connectivity, allowing every one of the cameras to communicate constantly with the network and broadcast video feeds. The cameras should have high quality resolution and functionality in both daylight and darkness. The cameras should have constant 360 degree viewing capability with zoom or directional viewing capacity. Some of the cameras at major intersections or public gathering spaces should be highly visible with flashing blue lights or signage to inform the public that security cameras are in use. At minimum, cameras should be highly visible in gateway locations to the downtown area, with other locations within the zone identified as additional high visibility locations.

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19 The crime camera system is intended to send video feed into a future Real Time Information Center (RTIC). The RTIC will be staffed with personnel who must be able to select camera feeds, control pan tilt zoom (PTZ) cameras, and zoom in closer to activity within the camera zone. The cameras should be high enough resolution to allow for a constant clear view while in both wide angle and zoomed in viewing use.

PROJECT SPECIFICATIONS
The Downtown camera zone will include up to 50 cameras. The cameras are to be mounted outdoors and must be designed to withstand all weather conditions. The cameras should be able to send video feed through a wireless signal to a base station or communication node that will then feed data from cameras to a monitoring center located in the Police Department building located at 710 N. D Street in San Bernardino.

CAMERA SPECIFICATIONS
The Cameras should meet the following minimum requirements. • Cameras must have 1080P or higher resolution.
• Cameras should have a high enough frame rate to ensure motion viewed through the camera system appears fluid.
• Cameras must have a wide dynamic range to depict a clear picture in both daylight and darkness conditions.
• Cameras must be dust and watertight to withstand various weather conditions and operate continuously in an outdoor environment.
• Cameras must be pole mountable with mounts being capable of withstanding high wind conditions.
• Remote controllable
• Cameras should be capable of locally retaining video for at least 30 days.

CAMERA CONNECTIVITY TO NETWORK
There is no fiber-optic cable availability for connecting cameras to a camera network, so all cameras installed must rely on a wireless connection to the camera network. The vendor must build the necessary infrastructure to ensure there is sufficient backhaul capacity to allow all cameras on the network to function simultaneously and continuously.

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20 • The cameras should not be reliant upon cellular connection.

ADDITIONAL SPECIFICATIONS
• The system must be compliant with the Federal Information Security Management Act. • Components of the system must be ONVIF compliant.
• All equipment installed and labor must be warrantied for at least five years. • The vendor must have all tools and equipment necessary to complete the installation and ongoing maintenance of the camera system. City equipment will not be available for use by the vendor for installation and maintenance of the camera system. • The vendor must ensure the camera system is compliant with video retention requirements in the State of California.

DESIRED LOCATIONS
The City has identified multiple locations it believes are desirable for camera placement to serve the goals of the project. It recognizes that there may be a need to alter some of the proposed locations to ensure proper functionality of the camera system. If a vendor does not believe it can install a camera in one of the identified locations, it may propose an alternative location that is close and could offer a similar view of the area.

The locations identified are as follows:

1. 5th Street and Sierra H Street

2. 5th Street and G Street

3. 5th Street and F Street

4. 5th Street and E Street

5. 5th Street and D Street

6. 5th Street and Arrowhead Avenue

7. 5th Street and Mountain View Avenue

8. 5th Street and Sierra Way

9. 5th Street and Sepulveda Avenue

10. 5th Street and Belle Street

11. 5th Street and Waterman Avenue

12. 4th Street and H Street *

13. 4th Street and G Street
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21 14. 4th Street and F Street

15. 4th Street and E Street

16. 4th Street and D Street

17. 4th Street and Arrowhead Avenue

18. 4th Street and Sierra Way

19. 4th Street and Waterman Avenue

20. Court Street and E Street

21. Court Street Square (City Hall Open Air Parking Lot) *

22. Court Street and D Street

23. Court Street and Arrowhead Avenue

24. 3rd Street and H Street

25. 3rd Street and D Street

26. 3rd Street and Arrowhead Avenue

27. 3rd Street and Mountain View Avenue *

28. 3rd Street and Sierra Way

29. 3rd Street and Allen Street *

30. 3rd Street and Waterman Avenue

31. 2nd Street and G Street

32. 2nd Street and F Street

33. 2nd Street and E Street

34. 2nd Street and D Street

35. 2nd Street and Arrowhead Avenue

36. 2nd Street and Mountain View Avenue *

37. 2nd Street and Sierra Way

38. 2nd Street and Waterman Avenue

39. Rialto Avenue and G Street

40. Rialto Avenue and F Street

41. Rialto Avenue and E Street

42. Rialto Avenue and D Street

43. Rialto Avenue and Arrowhead Avenue

44. Rialto Avenue and Sierra Way

45. Rialto Avenue and Allen Street *

46. Rialto Avenue and Waterman Avenue
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22 All locations indicated are signal controlled intersections, with exception to those marked with an asterisk (*)
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23 EXHIBIT B

FEDERAL REQUIREMENTS
All equipment supplied by the vendor must be compliant with 2 CFR 200.216, Federal Rule (L) as indicated below.
(L) Ban on Foreign Telecommunications – Federal grant funds may not be used to purchase equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

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24 EXHIBIT "C"

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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25 (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

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 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 Packet Page. 1146
26 Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § Packet Page. 1147
27 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier Packet Page. 1148
28 above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.

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29 (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

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30 (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:

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31 (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:

Congress;
(1) A member of Congress or a representative of a committee of (2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
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32 (5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.

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33 (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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10-21-2024
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10-21-2024
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SB City Real Time Information Center
Presented by Chief Goodman
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Background
• On January 31, staff provided the
Mayor and City Council a study
session regarding Economic
Development & City
Reinvestment.
• The Police Department explained
the benefits and need to develop a
Real-Time Information Center
(RTIC).
• Council provided guidance and
directed the Department return
with a plan and cost to develop a
RTIC.

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Real Time Information Center
• Faster Response Times
• Provides officers with real-time data and video
feeds to help respond quickly to crime
• Provides an efficient proactive policing tool
• Improved Investigations
• Help locate suspects, document evidence, and
identify crime trends
• Proactive Policing
• Force multiplier
• Cost-effective
• Reduction in hours dedicated to preventing and
solving crime.

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Cameras
Qualities
• Cameras act as a crime deterrent
• Active and investigative monitoring
resource
• Critical factors to success
• Camera locations
• Camera type
• Integration into the police
department
• Staff
Packet Page. 1166
Operations Management Platform

PEREGRINE
• Unifies and consolidates data across
disparate systems allowing users to
quickly identify trends, uncover
insights, and answer complex
questions to make.
• Improves operational decision making
• Eliminates unnecessary manual labor
required to search for and identify
multiple data sources.
• Leverages real-time data to
understand and overcome difficult
problems.

Packet Page. 1167
RTIC Data Integration Software
Packet Page. 1168
Staff
• Originally anticipated adding twelve
employees to operate the RTIC.
• The Department has since identified
efficiencies generated by the camera
program and data integration software that
will allow for the re-allocation of existing
staff to operate the RTIC at a cost saving of
nearly $1 million.
• Case filing unit
• Investigations
• Community Service Officers
• The Department will start the RTIC with
existing staff and return when the need for
additional staff is identified.

Packet Page. 1169
Procurement Process
• Cameras
• RFP F-24-05
• Vector Resources Inc. was
selected as best the best option
bidder
• Data Integration Software
• Peregrine Technologies Inc. –
Five Year Contract
• Fusus by Axon – Five Year
Contract
• Sole Source Vendors (Allowed
per CFR 200.320(c)(2),(5)
Packet Page. 1170
Funding Sources
• ARPA Funding - $2,497,500
• ARPA funds must be expended by Dec. 2026
• Can only pay for first two years of contracts
• COPS Tech and Equip Program Funding - $963,000
• Funds were awarded to support the development of a city camera system • Remaining $245,154.28 will be used to expand the camera program • General Funds - $1,049,593.84
• *General fund costs begin Jan. 2027 and are divided over three years.

Total Cost ARPA Funds Cops Tech &
Equip Funds
General Fund
Fusus $1,943,446.99 $1,241,353.15 $0 $702,093.84*
Peregrine $997,500 $650,000 $0 $347,500*
Vector $1,326,939.56 $606,146.85 $720,845.72 $0
Total $4,267,939.56 $2,497,500 $720,845.72 $1,049,493.84* Packet Page. 1171
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize 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. 1172
Questions?
Packet Page. 1173

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;
C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Approval of the Software and Implementation Services with Gray Quarter / Accela for the integration of a Land Management System, and Related Staffing Actions (All
Wards)
Recommendation:

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

1. Approve the software and implementation services with Gray Quarter / Accela, for the implementation of an integrated Land Management System (LMS) in a not-toexceed amount of $3,200,000, for the term beginning January 1, 2025 and ending June 30, 2027;

2. Authorize the City Manager, or designee, to sign the agreements, make ministerial revisions and any subsequent amendments to the scope of work without increase to the contract award amount, subject to the review and approval by the City Attorney as to form;

3. Authorize the City Manager, or designee, to execute seven (7) optional one-year amendments at approximately $500,000 annually for FYs 2026-27 through 2032- 33;

4. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Onsite Computing for data conversion services for an amount not to exceed $520,000 (includes a 10% contingency) and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31, 2026; and
Packet Page. 1174

5. Authorize the City Manager, or designee, to execute a Professional Services Agreements with Willdan, CSG Consultants, and Rick Engineering each for an amount not to exceed $448,800 respectively (includes a 10% contingency), for supplemental staffing and execute all documents to effectuate the Agreement for the term beginning January 1, 2025, and ending December 31, 2026.

Executive Summary
Upgrading to a modern land management system with permitting capabilities can help improve a local government's workflow, reduce risks, and improve stakeholder trust:
• Reduce risks - Land management systems can help reduce the likelihood of operational and reputational risks;
• Improve stakeholder trust - Land management systems can improve stakeholder trust, which can impact projects and schedules; • Improve workflow - Land management systems can automate routine tasks, which can improve workflow efficiency and reduce manual effort; • Improve compliance - Land management systems can help with compliance with local, state, and national legislation, regulatory requirements, and social obligations;
• Improve transparency - Land management systems can bring together subject matter experts into one process, allowing them to collaborate and communicate more effectively;
• Improve communication - Land management systems can improve communication between agency offices and concerned parties.

Background
The City of San Bernardino was awarded $77,656,407 under the American Rescue Plan Act (ARPA). The City received half of the funds in May 2021, and the remainder of the funds in May of 2022. On July 19, 2023 staff presented an ARPA Update to the Mayor and City Council. At that time, $10,000,000 in ARPA funds was allocated to fund the City’s Enterprise Resource Planning (ERP) systems for financial, budgeting, human capital management and the Land Management system (LMS) to improve citywide operations, streamline processes related to permitting, building safety, and other land management functions. The LMS will replace outdated systems like PermitsPlus, which has been in place for years but lacks the flexibility and automation necessary for modern city planning. These improvements aim to enhance efficiency, transparency, and service delivery for managing land-related activities in the City, making it easier for officials and the public to access and track relevant information. Staff’s estimate that a system able to serve all of the permitting, building and safety, and other land management functions will cost approximately $5,000,000, of which $3,200,000 will be ARPA funded.

Discussion
A land management system helps municipalities organize and manage land use, development, and property information. It handles important tasks like zoning, issuing Packet Page. 1175
building permits, keeping property records, and planning infrastructure like roads and utilities. The system ensures that land is used in a way that supports the community's goals, protects the environment, and provides necessary public services. It also makes it easier to involve the public in land-related decisions, helping the municipality grow in a balanced and efficient way.

The City of San Bernardino currently operates with PermitsPlus for land management.

This system is outdated and limits the City’s ability to provide efficient and streamlined services to citizens and businesses. PermitsPlus is a legacy system that has served its purpose but is no longer viable due to its outdated infrastructure. Current technological advancements have outpaced its capabilities, and the system is no longer being developed or supported by Accela, the product manufacturer. This leaves the City with outdated tools, limited functionality, and growing operational risks.

Transitioning to a modernized LMS will address key challenges such as outdated technology, fragmented processes, and difficulty in accessing real-time data. This initiative is part of the broader effort to modernize City operations and ensure long-term sustainability in land management activities.

SOFTWARE
RFP #F-23-78 was posted on October 16, 2023. At the time of the close of the RFP on November 30, 2023, proposals were received from 10 vendors:
• Accela
• Applications Software Technology, LLC
• CentralSquare Technologies, LLC
• Infor US, LLC
• MainStar
• Online Solutions, LLC
• The Davenport Group USA, LTD
• TruePoint Solutions
• Tyler Technologies
• Visionary Integration Professionals
The 10 proposals were evaluated by the LMS Project Management Firm, ClientFirst Technology Consulting, based on non-price factors such as alignment with the project scope, implementation approach, business process expertise, past experience, project management capabilities, consultant skills and experience, ability to meet functional requirements, and compliance with the City’s contract terms. The final decision was primarily based on how well each proposed solution met the City's overall functional requirements, as outlined in the RFP.

Accela's land management system is a cloud-based Software as a Service (SaaS) solution that helps government agencies and planning departments manage land use and planning processes such as Civic Application for Planning; this will automate and streamline planning applications, zoning regulations, development projects, public engagement, plans review, and permit applications.

Packet Page. 1176
Accela has been selected to modernize the City’s land management and permitting systems, based on its strong reputation and extensive experience in government technology. With over 20 years of service and a client base of more than 600 government agencies globally, Accela is recognized for providing reliable, scalable solutions that improve operational efficiency and public service delivery. Accela’s proven track record in successfully transitioning municipalities from legacy systems to modern, integrated platforms was a key factor in its selection. The company's history and deep understanding of government processes ensure that the City will benefit from a trusted partner capable of supporting its long-term goals and evolving needs.

Accela Automation offers modern features that PermitsPlus lacks, such as integration with geographic information systems (GIS), mobile inspections, enhanced crossdepartmental workflows, and real-time updates for public and internal users. Field workers can perform inspections or updates even in areas without network access, which was previously impossible with PermitsPlus. This offline functionality will allow for work in remote areas and ensure faster project completion. The transition to Accela enables streamlined workflows, automated permit tracking, and reporting. For example, instead of manually managing tasks across multiple departments, Accela automates these functions, reducing errors and duplication of efforts.

Approval is requested to contract with Accela based upon RFP #F-23-78 issued by the City of San Bernardino on October 16, 2023. The effective date of the contract is January 1, 2025 through December 31, 2026 and has ten (10) optional one-year amendments.

DATA CONVERSION
Onsite Computing Inc. (OSCI) will assist the City of San Bernardino with its transition to the new Land Management System (LMS) within Accela. With over 20 years of experience serving businesses, non-profits, and government organizations in Southern California, OSCI offers expertise in areas such as cybersecurity, compliance, and data migration.

OSCI's proposal focuses on data extraction and conversion, supporting the transition of various records from existing systems like ESRI ArcGIS, PermitsPlus, Go Enforce, Go Gov, and Progressive Solutions into the new Accela LMS. The project involves migrating significant volumes of records, including building permits, inspections, planning projects, and business licenses, with a retention period of five years for each.

The proposed project cost is $520,000 (includes a 10% contingency), spanning two years, with a planned kick-off in January 2025 and completion by January 2027. This includes the establishment of secure cloud resources within AWS Gov-Cloud for data extraction and staging, ensuring a secure and compliant environment throughout the process. OSCI will also provide technical support and training for City staff to ensure a seamless transition.

Packet Page. 1177

SUPPLEMENTAL STAFFING
Staff seeks approval to enter into a Professional Services Agreement with Willdan, CSG Consultants, and Rick Engineering Company for temporary staffing support during the implementation and integration of the City’s Land Management System (LMS). The contracted personnel will assist with daily operations, allowing City staff to focus on key tasks such as system integration, data migration, user training, and technical support. This temporary support will help ensure the smooth integration of the LMS into municipal functions, minimizing disruptions and meeting project deadlines.

For 60 years, Willdan has delivered engineering and energy solutions that have transformed the public sector, implementing over 100 utility programs and supporting 230,000 public entities. Willdan also specializes in providing skilled temporary staffing for large-scale projects, ensuring well-trained personnel maintain operational continuity. Temporary staffing is particularly important for departments like Community Development & Housing and Public Works, allowing City staff to focus on key tasks such as workflow validation, technical troubleshooting, and data migration without disrupting daily operations.

Since 1991, CSG Consultants has exclusively served public agencies, sharing their commitments to the members of their communities and seamlessly providing a wide range of municipal services—from planning to community preservation. CSG Consultants seamlessly delivers a wide range of municipal services and contract staff support to over 200 communities throughout California and Nevada, which includes providing contract staff support, entitlement services and project management. In November 2018, CSG Consultants announced that it would transition to a 100% employee-owned company. The decision to become an employee-owned company ensures their commitment to each of their clients.

For over 65 years, Rick Engineering Company has partnered with public and private entities to provide innovative engineering, planning, and design solutions across multiple disciplines. Rick Engineering has supported cities and municipalities with a range of services, including civil engineering, land use planning, transportation design, and environmental consulting. Their expertise ensures that complex projects, such as infrastructure improvements and urban development, are executed efficiently, helping public agencies achieve their operational and community goals.

Temporary staffing is crucial for the successful implementation of the Land Management System (LMS) in departments like Community Development & Housing and Public Works. In Community Development & Housing, the LMS transition involves migrating workflows related to permit applications, inspections, code enforcement, and public inquiries. While permanent staff focus on validating workflows, resolving system issues, and ensuring regulatory compliance, temporary staff will maintain daily operations, such as permit issuance and zoning compliance. In Public Works, temporary staffing will support tasks like project documentation, plan reviews, and Packet Page. 1178
technical inquiries, allowing permanent staff to focus on validating engineering workflows and addressing system issues. This ensures operational continuity and uninterrupted services during the LMS integration.

The investment in temporary staffing, will be balanced by the benefits of ensuring uninterrupted services and the successful implementation of the LMS. Willdan's, CSG Consultants’, and Rick Engineering’s services are proposed for the period from January 2025 through December 2026.

The Agreement with Onsite Computing for data conversion services and Willdan and CSG Consultants for supplemental staffing is being brought forward for the Mayor and City Council's approval in accordance with Section 3.04.010 D.3. of the City's Municipal Code and Section V (e) of the City's Purchasing Policy (Attachment 4). As outlined in both the Municipal Code and Purchasing Policy, a purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from the City's Purchasing Policy.

Mayor, City Council and City Manager Goals and Objectives Investments in the community using the American Rescue Plan funds support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community, b. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and Goal 3. Improved Quality of Life.

Fiscal Impact
The total estimated cost for the ERP Migration project is detailed below:

Funding Sources Project/Vendor Amount

1. ARPA Land Management System – Gray
Quarter $3,200,000

2. IT Adopted FY2024-25
Budget Onsite Computing – Data conversion $520,000

3. IT Adopted FY2024-25
Budget
Willdan – Supplemental staffing
CSG Consultants – Supplemental
staffing
Rick Engineering Company –
Supplemental Staffing
$448,800
$448,800
$448,800
TOTAL PROJECT ESTIMATE $5,066,400
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the software and implementation services with Gray Quarter / Accela, for the implementation of an integrated Land Management System (LMS) in the Packet Page. 1179
amount of $3,200,000, for the term beginning January 1, 2025, and ending June 30, 2027;

2. Authorize the City Manager, or designee, to sign the agreement, make ministerial revisions and any subsequent amendments to the scope of work without increase to the contract award amount, subject to the review and approval by the City Attorney as to form;

3. Authorize the City Manager, or designee, to execute seven (7) optional one-year amendments at approximately $500,000 annually for FYs 2026-27 through 2032- 33;

4. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Onsite Computing for data conversion services for an amount not to exceed $520,00 (includes a 10% contingency) and execute all documents to effectuate the Agreement for the term beginning January 1, 2025, and ending December 31, 2026; and

Attachments
Attachment 1 Accela Subscription Agreement
Attachment 2 Gray Quarter Subscription / EPH Subscription Agreements Attachment 3 Gray Quarter Professional Services Agreement Attachment 4 Purchasing Policy
Attachment 5 Professional Services Agreement Onsite Computing Inc.

Attachment 6 Professional Services Agreement Willdan Engineering Attachment 7 Professional Services Agreement CSG Consultants Attachment 8 Professional Services Agreement Rick Engineering Company Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
Packet Page. 1180
Accela Subscription Services Agreement........................................................................................pg. 1 Exhibit A (reserved) ....................................................................................................pg. 9 Exhibit B, Accela Availability and Security Policy............................................................. pg. 10 Exhibit C, Accela Consolidated SaaS Support Policies...................................................... pg. 12 Exhibit D, Accela Data Storage Policy............................................................................ pg. 19 Exhibit E, Accela RFP Response.................................................................................... pg. 21 • RFP Appendix A – Land Management/Function Workbook Tabs............................ pg. 89 • RFP Appendix B Vendor Profile ........................................................................ pg. 171 • RFP Appendix C Vendor Financial Information................................................... pg. 172 • RFP Appendix D Vendor Customer Base ........................................................... pg. 173 • RFP Appendix E Vendor References ................................................................. pg. 174 • RFP Appendix F Vendor General System........................................................... pg. 175 • RFP Appendix G1 On-Premise Project Costs ...................................................... pg. 177 • RFP Appendix G2 Cloud/Hosted Project Costs ................................................... pg. 179 • RFP Appendix H Interface Costs ...................................................................... pg. 182 • RFP Appendix I Conversion Costs..................................................................... pg. 184 • RFP Appendix J Modification Costs ................................................................... pg. 185 Accela Order Form .................................................................................................... pg. 186 Accela BAFO............................................... Attachment, immediately after Accela Order Form) Accela System Overview Follow-up Items Attachment, immediately after Accela BAFO) Packet Page. 1181

ACCELA SUBSCRIPTION SERVICES AGREEMENT
This Accela Subscription Services Agreement (this “Agreement”) is entered into as of the date of the applicable Order, as defined below, that incorporates these terms (the “Effective Date”) by and between Accela, Inc. and the entity identified in such Order (“Customer”).

1. DEFINITIONS.

1.1 "Accela System" means the information technology infrastructure used by or on behalf of Accela in performing the Subscriptions Services, including all software (including but not limited to Accela Software), hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Accela or its third-party suppliers.

1.2 "Aggregate Data" means data and information related to Customer's use of the Subscription Services, including anonymized analysis of all data processed in the Subscription Services, that is used by Accela in an aggregate and anonymized manner, including compiling statistical and performance information related to the provision and operation of the Services.

1.3 "Authorized User" means one named employee, contractor or agent of Customer (each identified by a unique email address) for whom Customer has purchased a subscription to the Subscription Services and who is authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement.

1.4 “Consulting Services” means packaged or time and materials consulting, review, training or other services (but excluding Subscription and Support Services) delivered by Accela to Customer pursuant a separate Order and terms.

1.5 “Customer Data” means the content, materials, and data that Customer, Authorized Users, and External Users enter into the Subscription Services. Customer Data does not include any component of the Subscription Services, material provided by or on behalf of Accela, or Aggregate Data.

1.6 “Documentation” means the then‐current technical and functional user documentation in any form made generally available by Accela for the Subscription Services.

1.7 “External Users” means third party users of the Subscription Services that access the public‐facing interfaces of the Subscription Services to submit queries and requests to facilitate communications between such third party and Customer.

1.8 “Intellectual Property Rights” means any patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know‐how, and any other intellectual property rights, in all cases whether or not registered or registrable and recognized in any country or jurisdiction in the world.

1.9 “Order” means an Accela order form or other mutually acceptable document fully executed between Customer and Accela that incorporates this Agreement.

1.10 “Service Availability Policy” means the Service Availability and Security Policy located at Exhibit B.

1.11 “Subscription Services” means the civic administration services, comprised of the Accela System, Software, and Support Services, to which Customer may license access to in accordance with the terms herein.

1.12 “Software” means any licensed software (including client software for Authorized Users’ devices) and Documentation that Accela uses or makes available as part of the Subscription Services.

1.13 “Support Services” means those technical and help services provided by Accela in accordance with the Software Support Services Policies (SaaS) located at Exhibit C.01023 Packet Page. 1182

1.14 “Subscription Period” means the duration of Customer’s authorized use of the Subscription Services as designated in the Order.

2. USAGE AND ACCESS RIGHTS.

2.1 Right to Access. Subject to the terms and conditions of this Agreement, Accela hereby grants to Customer a limited, non‐exclusive, non‐transferable right and license during the Subscription Period, to permit: (i) Authorized Users to access and use the internal and administrative interfaces of the Subscription Services in accordance with the Documentation to support Customer’s internal business purposes and (ii) its External Users the ability to access and use the publicly available interfaces to submit requests and information to Customer. Each instance of the Subscription Service shall be provisioned with the amount of storage set forth in the Order and additional storage may be purchased at the then‐current rates.

2.2 Support Services & Service Availability. During the Subscription Period, Accela shall provide to Customer the Support Services specified in the Order and shall make all commercially reasonable efforts to attain the service levels specified in the applicable policies. The remedies set forth in the Support Services and Service Availability Policy are the sole and exclusive remedies for any breach of the service levels. Customer grants Accela a royalty‐ free, worldwide, transferable, sub‐ licensable, irrevocable, perpetual license to use or incorporate into its software or services any suggestions or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Services.

2.3 Reserved.

2.4 Restrictions on Use. Customer shall not, and shall not permit others to: (i) use or access the Subscription Services in any manner except as expressly permitted by the Agreement, including but not limited to, in a manner that circumvents contractual usage restrictions set forth in this Agreement; (ii) license, sub‐license, sell, re‐sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the Subscription Services available for access by third parties except as otherwise expressly provided herein; (iii) use the Subscription Service in a way that: (a) violates or infringes upon the rights of a third party; or (b) stores or transmits libelous, tortious, or otherwise unlawful material or malicious code or viruses; (iv) create derivative works, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services (except to and only to the extent such rights are proscribed by law); (v) interfere with or disrupt the security, integrity, operation, or performance of the Subscription Services; (vi) access, use, or provide access or use to the Subscription Services or Documentation for the purposes of competitive analysis or the development, provision, or use of a competing software, SaaS or product or any other purpose that is to Accela’s detriment or commercial disadvantage; (vii) provide access to the Subscription Services to competitors of Accela; (viii) access or use components of the Subscription Service not licensed by Customer; (ix) use or allow the use of the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under Export Control Laws (as defined in Section 12.3, Compliance with Laws); (x) remove, delete, alter or obscure any trademarks, Documentation, warranties, or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Subscription Services; or (xi) access or use the Subscription Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems or applications, any safety response systems or other safety‐critical applications, or any other use or application in which the use or failure of the Subscription Services could lead to personal injury or severe physical or property damage.

2.5 Ownership. Accela retains all Intellectual Property Rights, including all rights, title and license to the Subscription Service, Software, Accela System, Support Services, Consulting Services, and Aggregate Data, any related work product of the foregoing and all derivative works thereof by whomever produced; provided however, that to the extent such materials are delivered to Customer as part of the Subscription Services, Consulting Packet Page. 1183
Services or Support Services then Customer shall receive a limited license consistent with the terms of Section 2 to use such materials during the Subscription Period.

2.6 Customer’s Responsibilities. Customer will: (i) be responsible for meeting Accela’s applicable minimum system requirements for use of the Subscription Services set forth in the Documentation; (ii) be responsible for Authorized Users’ compliance with this Agreement and for any other activity (whether or not authorized by Customer) occurring under Customer’s account; (iii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Services and Customer Data under its account, and notify Accela promptly of any such unauthorized access or use, and; (v) use the Subscription Services only in accordance with the applicable Documentation, laws and government regulations.

3. PAYMENT TERMS.

3.1 Purchases Directly from Accela. Except as otherwise set forth in an Order, Subscription fees shall be invoiced annually in advance and such fees shall be due and payable on the first day of the Subscription and on each anniversary thereafter for each renewal, if any. All other invoices shall be due and payable net sixty (60) from the date of the applicable invoice. All amounts payable to Accela under this Agreement shall be paid by Customer in full without any setoff, deduction, debit, or withholding for any reason. All Subscription Services fees are exclusive of any taxes, levies, duties, withholding or similar governmental assessments of any nature (collectively, "Taxes").

If any such Taxes are owed or payable for such transactions, they shall be paid separately by Customer without set‐off to the fees due Accela.

3.2 Purchases from Authorized Resellers. In the event that Customer has purchased any products or services through a reseller, subject to these terms, any separate payment arrangements and terms shall be exclusively through such reseller and Accela is not a party to such transactions. Accela’s sole obligations are set forth herein and Customer acknowledges that its rights hereunder may be terminated for non‐payment to such third party.

4. CONFIDENTIALITY. As used herein, "Confidential Information" means all confidential information disclosed by a one party to this Agreement to the other party of this Agreement whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information will not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure without breach of any obligation owed to the disclosing party; (iii) is received without restriction from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party. Each party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information except as permitted herein, and will limit access to Confidential Information to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who are bound to protect such Confidential Information consistent with this Agreement. The receiving party may disclose Confidential Information if it is compelled by law to do so, provided the receiving party gives the disclosing party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's request and cost, to contest, limit, or protect the disclosure.

5. CUSTOMER DATA.

5.1 Ownership. Customer reserves all its rights, title, and interest in and to the Customer Data. No rights are granted to Accela hereunder with respect to the Customer Data, except as otherwise set forth explicitly in Section

5. 5.2 Usage. Customer shall be responsible for Customer Data as entered in to, applied or used in the Subscription Services. Customer acknowledges that Accela generally does not have access to and cannot retrieve lost Customer Data. Customer grants to Accela the non‐exclusive right to process Customer Data (including personal data) for the sole purpose of and only to the extent necessary for Accela: (i) to provide the Subscription Services; (ii) to verify Customer’s compliance with the restrictions set forth in Section 2.4 (Restrictions on Use) if Accela has a reasonable Packet Page. 1184 belief of Customer’s non‐compliance; and (iii) as otherwise set forth in this Agreement. Accela may utilize the information concerning Customer’s use of the Subscription Services (excluding any use of Customer’s Confidential Information) to improve Subscription Services, to provide Customer with reports on its use of the Subscription Services, and to compile aggregate statistics and usage patterns by customers using the Subscription Services.

5.3 Use of Aggregate Data. Customer agrees that Accela may collect, use and disclose Aggregate Data derived from the use of the Subscription Services for industry analysis, benchmarking, analytics, marketing and other business purposes. All Aggregate Data collected, used and disclosed will be in aggregate form only and will not identify Customer, its Authorized Users or any third parties utilizing the Subscription Services.

6. WARRANTIES AND DISCLAIMERS.

6.1 Subscription Services Warranty. During the Subscription Period, Accela warrants that Subscription Services shall perform materially in accordance with the applicable Documentation. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to: (a) repair the Subscription Services in question; (b) replace the Subscription Services in question with those of substantially similar functionality; or (c), after making all commercially reasonable attempts to do the foregoing, terminate the applicable Subscription Services and refund all unused, prepaid fees paid by Customer for such non‐compliant Subscription Services.

6.2 Reserved.

6.3. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACCELA MAKES NO WARRANTY OF ANY KIND,

WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED

WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR NON‐INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.4. Cannabis‐Related Activities. If Customer purchases any Subscription Services for use with any cannabis‐ related activities, the following additional disclaimers shall apply: Accela is considered a software service provider to its customers and not a cannabis related business or agent thereof. In addition to the foregoing, Accela only retains Subscription Services fees of this Agreement from its Customer for general software services, a state or local government agency, and does not retain these fees from any type of External Users. It is the sole responsibility of the Customer to offer state law compliant services, which may be coordinated and facilitated through the use of the Subscription Services. Accela makes no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding any third-party provider, including partners, and have no responsibility or liability with respect to services provided to Customer by such third parties.

7. INDEMNIFICATION. Each party will defend (or, at the indemnifying party’s option, settle) any third party claim, suit or action brought against the other party to the extent that it is based upon a claim arising out of the performance of the indemnifying party’s obligations under this Agreement or the gross negligence of willful misconduct of the indemnifying party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded against the indemnified party, provided that the indemnified party provides:
(a) the indemnifying party notice of such claim as soon practical and in no event later than would reasonably permit the indemnifying party to respond to such claim, (b) reasonable cooperation to the indemnifying party, at the indemnifying party’s expense, in the defense and/or settlement of such claim and (c) the indemnifying party the sole and exclusive control of the defense, litigation and settlement of such claim. For a claim that the Subscription Services, as furnished by Accela hereunder, infringes or misappropriates the Intellectual Property Rights of any third party, in the event that Accela reasonably believes, in its sole discretion, that such claim Packet Page. 1185
may prevail or that the usage of the Subscription Services may be joined, Accela may seek to: (a) modify the Subscription Services such that it will be non‐infringing (provided such modification does not materially reduce the functionality or performance of Customer’s installed instance); (b) replace the Subscription Services with a service that is non‐infringing and provides substantially similar functionality and performance; or, if the first two options are not commercially practicable, (c) terminate the remainder of the Subscription Period and refund any, pre‐paid, unused fees received by Accela. Accela will have no liability under this Section 7 to the extent any claims arise from (i) any combination of the Subscription Services with products, services, methods of a third party; (ii) a modification of the Subscription Services that were either implemented by anyone other than Accela or implemented by Accela in accordance with Customer specifications; (iii) any use of the Subscription Services in a manner that violates this Agreement or the instructions given to Customer by Accela; (iv) a version of the Subscription Services other than the current, fully patched version, provided such updated version would have avoided the infringement; or (v) Customer’s breach of this Agreement. THIS SECTION 7 STATES THE ENTIRE

OBLIGATION OF ACCELA AND ITS LICENSORS WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS RELATED TO THIS AGREEMENT.

8. LIMITATION OF LIABILITY. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR

PERSONAL INJURY, BREACH OF CONFIDENTIALITY, REFUSAL OF SERVICES, WILLFUL MISCONDUCT, DAMAGE TO PHYSICAL PROPERTY, VIOLATIONS OF APPLICABLE LAWS OR GROSS NEGLIGENCE, NEITHER PARTY’S AGGREGATE

LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR

INABILITY TO USE THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWENTY FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR

DEATH OR PERSONAL INJURY, BREACH OF CONFIDENTIALITY, REFUSAL OF SERVICES, WILLFUL MISCONDUCT,

DAMAGE TO PHYSICAL PROPERTY, VIOLATIONS OF APPLICABLE LAWS OR GROSS NEGLIGENCE, IN NO EVENT

SHALL EITHER PARTY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE

SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST

PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM

FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE

FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH

DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. SECURITY. Accela has implemented commercially viable and reasonable information security processes, policies and technology safeguards to protect the confidentiality and integrity of Customer Data, personal data protect against reasonably anticipated threats. Customer acknowledges that, notwithstanding security features of the Subscription Services, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi‐ governmental actors, as well as technologies, that may attempt to breach any electronic security measure. Subject only to its limited warranty obligations set forth in Section 6, Accela will have no liability for any such security breach. Customer further acknowledges that the Subscription Services is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Services in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Accela and hold it harmless against those risks.

10. THIRD PARTY SERVICES. Customer may choose to obtain a product or service from a third party that is not directly produced by Accela as a component of the Subscription Services (“Third Party Services”) and this may include third party products resold by Accela. Accela assumes no responsibility for, and specifically disclaims any liability, warranty or obligation with respect to, any Third Party Service or the performance of the Subscription Services (including Accela’s service level commitment) when the Subscription Services are used in combination with or integrated with Third Party Services.

11. TERM AND TERMINATION.

11.1 Agreement Term. This Agreement shall become effective on the Effective Date and shall continue in full force and effect until the expiration of any Subscription Periods set forth in an applicable Order governed by the Agreement.

11.2 Subscription Periods & Renewals. Subscription Periods begin as specified in the applicable Order and, unless terminated earlier in accordance with this Agreement, continue for the term specified therein. Except as Packet Page. 1186 otherwise specified in the applicable Order, (a) all Subscription Services will automatically renew for additional Subscription Periods equal to the expiring Subscription Period, unless either party gives the other at thirty (30) days’ notice of non‐renewal before the end of the relevant Subscription Period and (b), Orders may only be cancelled or terminated early in accordance with Section 11.3. Subscription Services renewals may be subject to an annual increase, for which Accela shall provide Customer notice prior to the renewal of the Subscription Period. In the event of any non‐renewal or other termination, Customer’s right to use the Subscription Services will terminate at the end of the relevant Subscription Period.

11.3 Termination or Suspension for Cause. A party may terminate this Agreement and Subscription Services license granted hereunder for cause upon thirty (30) days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period. Either party may terminate immediately if the other party files for bankruptcy or becomes insolvent. Accela may, at its sole option, suspend Customer’s or any Authorized User’s access to the Subscription Services, or any portion thereof, immediately if Accela: (i) suspects that any person other than Customer or an Authorized User is using or attempting to use Customer Data; (ii) suspects that Customer or an Authorized User is using the Subscription Services in a way that violates this Agreement and could expose Accela or any other entity to harm or legal liability; (iii) is or reasonably believes it is required to do so by law or court order or; (iv) Customer’s payment obligations are more than one hundred and twenty (120) days past due, provided that Accela has provided at least thirty (30) days’ notice of such suspension for delinquent payment. Should Customer terminate this Agreement for cause, Accela will refund a pro‐rata portion of unused, pre‐paid fees.

11.4 Effect of Termination. If this Agreement expires or is terminated for any reason: (i) within thirty (30) calendar days following the end of Customer’s final Subscription Period, upon Customer’s request Accela provided Customer Data and associated documents in a database dump file; provided that Customer pays (a) all costs of and associated with such copying, as calculated at Accela’s then‐current time‐and‐materials rates, and (b) any and all unpaid amounts due to Accela; (ii) licenses and use rights granted to Customer with respect to Subscription Services and intellectual property will immediately terminate; and (iii) Accela’s obligation to provide any further services to Customer under this Agreement will immediately terminate, except as mutually agreed between the parties. If the Subscription Services are nearing expiration date or are otherwise terminated, Accela will initiate its data retention processes, including the deletion of Customer Data from systems directly controlled by Accela.

Accela’s current Data Storage Policy at Exhibit D.

11.5 Survival. Sections 2.5 (Ownership and Proprietary Rights), 4 (Confidentiality), 6.3 (Disclaimer), 8 (Limitation of Liability), 11.4 (Effect of Termination), 11.5 (Surviving Provisions), and 12 (General Provisions) will survive any termination or expiration of this Agreement.

12. GENERAL.

12.1 Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) three days after sending registered, return receipt requested, post or; (iii) one day after sending by commercial overnight carrier. Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer’s account for the Subscription Services.

12.2 Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the subject matter of this Agreement will be the state and federal courts located in the County of San Bernardino, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

12.3 Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and other applicable jurisdictions. Further, in connection with the services performed under this Agreement and Customer’s use of the Subscription Services, the parties agree to comply with all applicable anti‐corruption and anti‐ bribery laws, statutes and regulations.

12.4 Assignment. Neither party may assign or transfer this Agreement, whether by operation of law or otherwise, without the prior written consent of the other party. Any attempted assignment or transfer, without such consent, will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

12.5 Publicity. Notwithstanding anything to the contrary, each party will have the right to publicly announce the existence of the business relationship between parties without disclosing the specific terms of the Agreement. Packet Page. 1187

12.6 Miscellaneous. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Neither party will be liable for any delay or failure to perform under this Agreement to the extent such delay or failure results from circumstances or causes beyond its reasonable control. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or similar relationship between the parties. This Agreement, including any attachments hereto as mutually agreed upon by the parties, constitute the entire agreement between the parties concerning its subject matter and it supersedes all prior communications, agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by a duly authorized representative of each party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary, no additional or conflicting terms or conditions stated in any of Customer’s purchase order documentation or otherwise will be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

12.7 Notwithstanding anything to the contrary, the parties acknowledge and agree that Exhibit E, Accela's RFP response, is attached for informational purposes only, including the Accela System Overview Follow-Up items, and has no legal effect. Only the items detailed in the SOW, with their capabilities, will be subject to being a deliverable under this Agreement. The attached BAFO and Order Form are final and supersedes any previous pricing.

In WITNESS WHERE OF, the parties have indicated their acceptance of the terms of this Agreement by their signatures below
ACCELA, INC. CUSTOMER: City of San Bernadino
Signature: ______________________________ Signature: __________________________ Name: ______________________________ Name: ____________________________ Title: ______________________________ Title: ____________________________ Date: ______________________________ Date: ____________________________ Exhibit A
(Reserved)
10/24/2024
Michael E Gigliello
Controller
Packet Page. 1188
Exhibit B
Service Availability Policy
Accela Availability and Security Policy
Service Availability:

Accela will use commercially reasonable efforts to (a) provide bandwidth sufficient for Customer’s use of the Subscription Services provided hereunder and in an applicable Order Form and (b) operate and manage the Subscription Services with a ninety-nine and nine percent (99.9%) uptime goal (the “Availability SLA”), excluding situations identified as “Excluded” below. “Excluded" means any outage that results from any of the following:
a. Any maintenance performed by Accela during Accela’s standard maintenance windows.

Accela will notify Customer within forty-eight (48) hours of any standard maintenance and within twenty-four (24) hours for other non-standard emergency maintenance (collectively referred to herein as “Scheduled Maintenance”). Scheduled maintenance includes off-business hours (agency time) deployments of major releases & service packs. Major releases are deployed into an agency's non-production environments well in advance, typically 4 weeks ahead of production, to allow for adequate user acceptance testing. b. Customer’s information content or application programming, or the acts or omissions of Customer or its agents, including, without limitation, the following:

1. Any misconfiguration by Customer (as determined in Accela’s sole discretion), including, without limitation, configuration errors and bad or unintended usage of the Subscription Services.

2. Force majeure or other circumstances beyond Accela’s reasonable control that could not be avoided by its exercise of due care.
c. Failures of the carrier networks itself and the network by which Customer connects to the carrier networks any other network unavailability.
d. Any window of time when Customer agrees that Subscription Services availability/unavailability will not be monitored or counted. e. Interruptions or delays in providing the Subscription Services resulting from telecommunication or Internet service provider failures. f. Customer’s or any third party’s use of the Subscription Services in an unauthorized or unlawful manner.

Remedies for Excessive Downtime:

In the event the Availability of the Subscription Services falls below the Availability SLA in a given calendar month, Accela will pay Customer a service credit (“Service Credit”) equal to the percentage of the fees set forth in the table below corresponding to the actual Availability of the Subscription Services during the applicable calendar month. Such Service Credit will be issued as a credit against any fees owed by Customer for the next calendar month of the Subscription Period or, if Customer does not owe any additional fees, then Accela will pay Customer the amount of the applicable Service Credit within thirty (30) days after the end of the calendar month in which such credit accrued. Such Service Credit will be in addition to any other remedies available to Customer at law, in equity or under this Agreement.

System availability is measured by the following formula: x = (n - y) *100 / n Packet Page. 1189 Notes:
(1) "x" is the uptime percentage; "n" is the total number of hours in the given calendar month minus scheduled downtime; and "y" is the total number of downtime hours in the given calendar month. (2) Specifically excluded from "n and "y" in this calculation are the exception times on scheduled upgrade and maintenance windows.

Service Availability Percentage
Fees
of Monthly Service Credited
>99.9% 0%

95.0% ‐ < 99.9% 5% (max of $280)

90.0% ‐ < 95.0% 10% (max of $560)

80.0% ‐ < 90.0% 20% (max $840)

70.0% ‐ < 80.0% 30% (max of $1,120)

60.0% ‐ < 70.0% 40% (max of $1,400)
< < 60% 50% (max of $2,800)
Customer Account Login:

For Accela user interface access, Accela uses TLS 1.2 with AES 256 bit or similar encryption for protection of data in transit, which is supported by most modern browsers. Accela will also restrict applicable administrative user interface access to Customer corporate networks for additional security on written request by Customer.

Accela SaaS Service Delivery:

Accela manages its apps and infrastructures within the industry-leading Microsoft Azure hosting environment, specifically designed and constructed to deliver world- class physical security, power availability, infrastructure flexibility and growth capacity. Accela’s audit and compliance foundation includes SSAE 18 SOC 2 Type II, HIPAA, California Consumer Privacy Act (CCPA), and PCI-DSS (payment adapters). Accela’s partnership with Microsoft delivers multi-layered security in physical datacenters, infrastructure and operations, with adherence to its numerous security certifications. More information can be found at https://azure.microsoft.com/enus/overview/security/.

Packet Page. 1190
Exhibit C
Software Support Services Policies
Accela, Inc.

Consolidated SaaS Support Policies
This document contains the Standard Support SaaS Services Policy . In the event you are unsure or wish to upgrade your Support Services Level, please contact your account manager.

Policy 1
Accela, Inc.

Standard SaaS Support Services Policy
Dated: April 21, 2021
This Accela Standard SaaS Support Services Policy (“Support Policy”) governs the terms under which Accela provides Support Services and is subject to the SaaS services agreement (“Agreement”) entered into between Accela and the recipient of such services (“Customer”). This Support Policy may be updated from time to time by Accela in its sole discretion.

General Requirements and Hours of Operation
a. Ticketing Support: Accela will provide access to a ticketing system, which will be available twenty‐four (24) hours per day, seven (7) days per week. A qualified support specialist shall use commercially reasonably efforts to answer questions and resolve problems regarding the Subscription Service from 4:00 A.M. until 6:00 P.M. Pacific Standard Time Monday through Friday, excluding Accela’s observed holidays.
b. Telephone Support: Accela’s Customer Support Department, a live technical support facility, will be available to Customer from 4:00 A.M. until 6:00 P.M.

Pacific Standard Time Monday through Friday, excluding Accela’s observed holidays.
c. Online Support Material: Available twenty‐four (24) hours, seven (7) days a week, Accela will make available to Customer certain archived software updates and other technical information in Accela’s online support databases. (1) Agency Contacts: “Agency Contacts” are the individuals who will be the primary users of the Support Plan. You may designate up to two (2) Agency Contacts and agree to let Accela know if they change.

Packet Page. 1191
Your Agency Contacts will be responsible for:

Overseeing your Agency’s support case activity, developing and deploying troubleshooting processes within your Agency’s organization.

Agency will ensure Agency Contacts:

Have completed the Administrator Training offered as part of Accela’s implementation and adoption programs. Are knowledgeable about the Agency’s configured solution in order to assist Accela in analyzing and resolving technical issues. Have a basic understanding of any problem that is the subject of a case, and the ability to reproduce the problem in order to assist Accela in diagnosing and triaging the problem.
(2) Submitting a Case
Agency Contacts may submit cases via:the online support portal by logging into the Accela Success Community at https://success.accela.com and selecting Get Support > Submit a case or a. a telephone call to Customer Support as described below (For Severity Level 1 and Severity Level 2 issues, Agency must call Customer Support) (3) Updates
Updates may address security fixes, critical patches, general maintenance functionality, and documentation and shall be made available at Accela’s discretion. Accela is under no obligation to develop any future functionality or enhancements unless otherwise specified in the Agreement. If an update for the Service is made available to Customer pursuant to this Support Policy, it will automatically replace the previous version of the applicable Service.

Where practical, Accela will schedule Updates during non‐business hours and will provide
Customers with advance notice of all Updates.
(4) Upgrade/Downgrade of Severity Level
If, during the Support Request process, the issue either warrants assignment of a higher severity level than currently assigned or no longer warrants the severity level currently assigned based on its current impact on the production operation of the SaaS offering, then the severity level will be upgraded or downgraded accordingly to the severity level that most appropriately reflects its current impact.
(5) Customer Cooperation
Accela must be able to reproduce errors in order to resolve them. Agency agrees to cooperate and work closely with Accela to reproduce errors, including, without limitation, conducting diagnostic or troubleshooting activities, implementation of fixes or updates previously provided by Accela, or providing information as reasonably requested and appropriate. Also, Accela may access Agency Contacts account and/or an admin account and/or Agency’s personnel may be asked to provide remote access to their internal system for, without limitation, conducting diagnostic or troubleshooting activities, or implementation of fixes or updates previously provided by Accela. (6) Third Party Product Support
If any third‐party software is supplied by Accela, Accela disclaims all support obligations for Such third‐party software, unless expressly specified by Accela in Customer’s Agreement. (7) Exclusions
The following Support Exclusions are not covered by this Support Policy:
a. Support required due to Customer’s or any End User’s or third party’s misuse of the Services; Packet Page. 1192
b. Support during times outside of Accela’s regular business hours stated above; c. Support necessitated by external factors outside of Accela’s reasonable control, including any force majeure event or Internet access or related problems beyond the Ser vice demarcation point;
d. Support of or caused by customizations (if outside of Accela’s best practice recommendations), configuration changes, scripting, or data loss caused by or on behalf of Customer or any End User;
e. Support of or caused by Customer’s or any End User’s or third party’s equipment, software or other technology (other than third party equipment within Accela’s direct control);
f. Support to resolve or work‐around conditions which cannot be reproduced in Accela’s support environment and
g. Support of any software add‐ons supplied together with the Service (except where specified in the customer’s Agreement).

Any support services falling within these Support Exclusions may be provided by Accela at its discretion and, if so provided, may be subject to additional pricing and support terms as specified by Accela.
(8) Error Classification
Functional Definitions: For the purposes of error classification, essential or major functions include:
data capture features, SLA and alarming features, performance management features and application performance problem resolution features.

Severity Definition
Level 1 Supported Product is non‐functional or seriously affected and there is no reasonable workaround available (e.g. business is halted).

Level 2 Supported Product is affected and there is no workaround available or the workaround is impractical (e.g. Supported Product response is very slow, day to day operations continue but are impacted by the work around).

Level 3 Supported Product is non‐functional however a convenient workaround exists
(e.g. non‐critical feature is unavailable or requires additional user intervention).

Level 4 Supported Product works, but there is a minor problem (e.g. incorrect label, or
cosmetic defect).
(9) Target Initial Response Time
Accela will use commercially reasonable efforts to respond to each case within the applicable response time described in the table below:

Target Initial Response Time by Case Severity
Severity Level Target Initial Response Time
Packet Page. 1193
1 1 daya
2 3 daysa
3 5 daysa
4 7 daysa
a Initial response times are including M‐F, 4 am to 6 pm PT, excluding weekends and holidays. Severity Level 1 and 2 cases must be submitted via telephone as described above. Severity Level 1 and 2 target initial response times do not apply to cases submitted via email or electronically via the Accela Success Community.

Packet Page. 1194
Packet Page. 1195
Exhibit D
Data Storage Policy
ACCELA, INC.

DATA STORAGE POLICY
The Licensee’s subscription comes with a limit of 2.5TB data storage for all cloud environments. Data storage includes:
• Transaction data;
• Reference data;
• Configuration data;
• Documents and Report Files;
• Backup copies; and
• Other data stored by Accela on behalf of the customer.

Additional storage can be purchased from Accela in blocks of 500GB, with a price of one thousand dollars ($1,000) per year. When Licensee approaches the 2.5TB limit, it will begin receiving monthly notifications highlighting data usage levels across its environment. Once the 2.5TB limit is reached, a charge of one thousand dollars ($1,000) for an additional 500GB will be automatically added to the Licensee’s subscription renewal.

Data Retention
If the Licensee’s Software as a Service (“SaaS”) subscription expires or is otherwise terminated, Contractor will initiate its data retention processes, including the deletion of licensee data from systems directly controlled by Contractor.
• If a Licensee’s SaaS subscription expires or is otherwise terminated, Contractor will store its customer data, as defined in the master agreement between Licensee and Contractor, for ninety (90) days (the “Retention Period”). During the Retention Period, provide Licensee with a notice indicating its intention to delete its Customer Data. • After the Retention Period, Contractor will, within a commercially reasonable amount of time, disable the account and delete the customer data, including any cached or backup copies.

History and log data will be available to customers in real‐time for up to 2 years in production and 1 year in non‐production unless otherwise specified. After 2 years, the history data will be archived and retained for up to 7 years. This data will be provided to the customer upon request.

Frequently Asked Questions
Can Licensee track its storage usage on the Accela Cloud? It's not currently possible to track storage usage in the Civic Platform application. However, Licensee will receive a report detailing its data usage annually, at the time of renewal. Licensee can request this information at any time outside of the renewal period by submitting a support case through Accela Customer Support. When Licensee approaches the storage limit, it will receive monthly notifications particularizing its storage usage.

What will happen if Licensee exceeds its storage limit? If Licensee’s Accela Cloud instance exceeds the storage limit, it will receive notification and a charge of one thousand ($1,000) per 500GB of usage will be billed at the time of subscription Packet Page. 1196
renewal.

Can I increase my storage limit?
Yes. Storage limits can be increased by purchasing additional storage in blocks of 500GB at one thousand dollars ($1,000) per year.

Packet Page. 1197
Exhibit E
RFP Response
(next page)
Packet Page. 1198
December 14, 2023
Accela and the City of
San Bernardino
Response to RFP #F-23-78
Land Management System
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Packet Page. 1199
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Packet Page. 1200
Ms. Linda South
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Re: RFP #F-23-78 – Land Management System
Dear Ms. South and Members of the City Evaluation Panel:

We are pleased to present Accela’s latest generation permitting solution to the City of San Bernardino.

Accela aims to elevate our longstanding partnership with the City and modernize you beyond legacy solutions Permits Plus and Velocity Hall. Our integrated approach, utilized by 600+ agencies across the globe, prioritizes back-office efficiencies within a citizen-first framework. This recommendation to upgrade to our Civic Applications is rooted in a deep understanding of the City’s current realities and future goals.

As an enterprise government technology provider, Accela offers the ability to seamlessly grow into a suite of 10+ applications hosted on the Civic Platform — all poised to tackle various City needs and leverage your investment. In phase one, we present the Civic Applications for Building and Planning to prioritize fully transitioning onto a modern permitting platform. Additional Civic Applications for future consideration include Service Request Management, Business Licensing, Cannabis Regulation, Short Term Rentals, and more.

As part of this proposal, we have created the right partnerships to ensure the City’s goals are exceeded.

This starts with ePermitHub for integrated electronic plan review and extends to Rapid Scheduler for Inspection scheduling, PowerBI dashboards and analytics, ESRI for mapping, and DocuSign for electronic signature.

For professional services, we joined with premier Accela implementation partner, Gray Quarter, who has deep experience in migrating from Permits Plus to the Accela Civic Platform.

When governments and technology work together, great things happen. And when best-inclass technologies work together, cities benefit tenfold.

We are confident we offer the best solutions to holistically improve your business operations and invest in your success. The following response outlines our approach to meeting your project goals, engaging with your citizens, and satisfying the needs that are most important to City stakeholders.

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December 12, 2023
Packet Page. 1201
I am authorized to bind the company contractually. For any questions regarding this response or subsequent phases, please contact Arielle Mallen at (925) 359-3527 or [email protected]. Please copy [email protected] on any correspondence.

Thank you for your consideration,
Dennis Michalis
Chief Revenue Officer
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Packet Page. 1202
Table of Contents
Table of Contents.................................................................................................. 5 Executive Summary .................................................................................. 9 Presenting the Accela Solution .......................................................... 9 Implementing with Proven Partners................................................ 11 Moving Forward Together............................................................... 11 Understanding of Project Objectives..................................................... 12 Specific Proposal Requirements............................................................ 17 Programming Languages.................................................................. 17 Operating Systems........................................................................... 17 Database .......................................................................................... 18 User Interface Configurations.......................................................... 18 Reporting Capabilities...................................................................... 18 Electronic Document Management Capabilities ............................. 24 Workflow Capabilities ...................................................................... 24 Application Security ......................................................................... 27 Application Software Functionality Requirements........................... 29 Software Upgrades........................................................................... 29 User-Access Requirements by Module............................................. 31 Hosted/SaaS Model.......................................................................... 31 Hardware Requirements.................................................................. 34 Integration/Interface Capabilities .................................................... 34 Cost Considerations ......................................................................... 34 Mobile Field Computing................................................................... 36 Telephone and Other Support.......................................................... 38 Implementation Methodology ......................................................... 42 Conversion Costs.............................................................................. 44 Training and Education..................................................................... 45 Project Management........................................................................ 47 Subcontractor and Third-Party Relationships................................... 48 Customer Implementation Responsibilities ..................................... 48 Sample User and Technical Manuals & Other Documentation ........ 49 San Bernardino, CA
Land Management System
RFP F-23-78

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©2023 Accela, Inc. All rights reserved. Packet Page. 1203 About Accela
Accela provides market-leading SaaS solutions that empower governments worldwide to build thriving communities, grow businesses and protect citizens. From planning, building, licensing and permitting, to service request management, environmental health and more, Accela's offerings accelerate efficiency and transparency in governments of all sizes. Powered by Microsoft Azure, Accela's open and flexible technology helps agencies address specific needs today, while ensuring they are prepared for any emerging or complex challenge in the future. Accela's solutions serve more than 80 percent of America's largest cities. Accela is headquartered in San Ramon, California, with additional offices around the world. For more information, visit www.accela.com.

Disclosure
In relation to future versions of planned system enhancements or future product direction, the information contained in this material is not a commitment or legal obligation to deliver any of the features or functionality described herein.

Vendor/Reseller Information ........................................................... 52 Technology Direction ....................................................................... 52 Vendor Financial Information........................................................... 53 User Groups..................................................................................... 53 References and User Base................................................................ 55 Detailed Proposal and Contractual Requirements...................................57 Appendices............................................................................................. 67 San Bernardino, CA RFP F-23-78
Land Management System Page 6 of 67
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©2023 Accela, Inc. All rights reserved. Packet Page. 1204 Exhibit List
Exhibit 1: Accela offers ready-to-deploy Civic Applications unified on a single, scalable, and extensible platform. 10 Exhibit 2: Key Benefits of Accela Planning ............................................................................................................. 13 Exhibit 3: Key Benefits of Accela Building .............................................................................................................. 15 Exhibit 4: Example dashboard leveraging Accela Insights...................................................................................... 19 Exhibit 5: Accela’s Ad hoc Reporting Tool.............................................................................................................. 20 Exhibit 6: City of San Diego Development Services Permit Executive Dashboard ................................................. 22 Exhibit 7: City of San Diego Executive Project Dashboard ..................................................................................... 22 Exhibit 8: Accela’s Azure Cloud Environment ........................................................................................................ 23 Exhibit 9: Clean lines, color-coded and icon-based status indicators, and an HTML5 responsive design allow your agency to quickly move applications through the unique business processes to take them from intake to approval. .............................................................................................................................................................. 25 Exhibit 10: The Detail Card View allows users to see the detailed step information that is pertinent to a specific workflow task so they can track, update, and move an application forward. ....................................... 26 Exhibit 11: Accela maintains these key security certifications within our products. ............................................ 28 Exhibit 12: Software Upgrades............................................................................................................................. 30 Exhibit 13: Increase time to value with ready-made solutions that respond to the rapid modernization of technology. .............................................................................................................................................................. 32 Exhibit 14: Accela and Microsoft Azure – better together..................................................................................... 33 Exhibit 16: Error Classification Definitions ............................................................................................................ 40 Exhibit 17: Target Initial Response Time by Case Severity ..................................................................................... 41 Exhibit 18: Gray Quarter Implementation Methodology ....................................................................................... 42 Exhibit 19: Typical Sprint Activities........................................................................................................................ 43 Exhibit 20: Sample Project Schedule...................................................................................................................... 44 Exhibit 21: City Project Resources ......................................................................................................................... 48 Exhibit 22: Sample Civic Platform User Guide Table of Contents........................................................................... 50 Exhibit 23: Sample Administrator Guide Table of Contents................................................................................... 51 Exhibit 24: Sample Project Schedule ..................................................................................................................... 51 Exhibit 25: Example of Northern California User Group Presentations ................................................................. 54 Exhibit 26: Gray Quarter California Client List........................................................................................................ 55 Packet Page. 1205
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Executive Summary
The City of San Bernardino (hereinafter, the City) faces an incredible opportunity to modernize your Land Management System and transform how citizens interact with your government.

Presenting the Accela Solution
At Accela, we see the challenges that affect a government and its citizens, and we see how innovative technology can help solve those problems.

We bring over 40 years of innovation dedicated to government, serving 80 percent of the top 100 US cities, including California neighbors such as San Diego, Sacramento, Oakland, Moreno Valley, and Eastvale. Our approach is thoughtful, and our proposal is value-driven. Our objective is to boost operational efficiency by leveraging leading methodologies and contemporary technologies, such as automated workflows, online portals, and mobile solutions tailored to address the evolving challenges within the permitting industry.

We stand in partnership ready to support the City in aligning its technology goals and improve service to your staff and citizens. Your project aims to streamline processes, minimize manual efforts, enhance integrations, and align with superior business practices. We can help.

Our solutions empower 275M+ residents and businesses worldwide. Our cloud-based productivity and citizen engagement offerings include planning, building, licensing, service requests, environmental health, and more.

The City can leverage common services like GIS, mobile tools, dashboards, online payments, and web portals to further extend Accela’s capabilities.

Our solutions benefit the City by:
• Increasing agency collaboration and efficiency delivering a unified citizen experience – We can integrate multiple agencies into a single platform, enabling them to share cases and information. • Leveraging the work we have done for other clients – We have more than 600 customers, so agencies never start from scratch.
• Addressing your most pressing challenges – Our Civic Applications are preconfigured but flexible and deploy on the most robust platform, backed by years of domain expertise built-in. • Meeting changing regulations and workflows – Our platform’s flexible deployment options and citizen engagement software help remove friction between residents and agencies. Our platform is built specifically for community development and regulation, whereas some competitors use generic platforms to build custom solutions.

The following highlights our proposed solution:
• A comprehensive permitting, licensing, and building solution that tracks and manages all your permitting, plan review, inspections, code enforcement, case management and other development activities to ensure improvement in cross-city collaboration and increased efficiencies for both residents and City staff. The information available will allow your entire staff to have complete detailed information instantly and reduce staff hours spent on processing applications. Accela’s Civic Applications for Building and Planning are the right balance of out-of-the-box functionality based on best practices and yet allow for personalization to meet the City’s exclusive needs.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1209 Packet Page. 1210
• Accela SaaS, using the Microsoft Azure cloud, allows the City to scale, reduce costs, and leverage the existing skills of current staff.
• Accela Mobile extends processing capabilities to the field for inspections and code enforcement. • Accela Citizen Access provides the City with better, faster services to citizens and businesses using a citizen-facing web portal. Improve customer service via 24/7 access and allow citizens to submit applications, check status, pay fees, and conduct agency business digitally, 24x7 on their preferred device. Also, keep citizens informed via text and email notifications. Streamlining processes and providing more self-service options speed up the permitting process from start to finish, reduce front counter visits, and provide a higher level of service to the customers you serve.
• Accela GIS delivers mapping and routing functionality to the enterprise. This overlays your data onto Esri GIS maps and allows customers to initiate and manage a variety of activities from a geospatial platform. Accela has been a trusted Esri Business Partner for 20+ years and is a recipient of the Esri Partner Award for the Civic Platform.

Exhibit 1: Accela offers ready-to-deploy Civic Applications unified on a single, scalable, and extensible platform.

For your project, we have brought together leading technology providers to ensure complete success:
• ePermitHub, the market leader for electronic plan review. Since 2017, jurisdictions such as Moreno Valley and Clark County, NV have streamlined their business processes, reduced paper, and conserved resources with ePermitHub.
• Gray Quarter is world-class in the design, implementation, training, and support of the Accela Civic Platform.

Experts in government licensing and land management processes, Gray Quarter provides industry-leading solutions that help governments like the Cities of Anaheim, Moreno Valley, and Seattle. Specific services include Technical Services, Managed Services, Solution Architecture, Training, Project and Program Management.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1211 Packet Page. 1212
Together, we offer the City a seamless and fully integrated approach executed in phases that prioritize permitting first and ensure success. The City can expect connected data across ePermitHub, Laserfiche, DocuSign, Esri GIS, PowerBI, iWorks, New World ERP, Host Compliance (Granicus), and more. As needs evolve, Accela’s enterprise platform positions you to seamlessly extend into other case types, workflows, or Civic Applications (e.g. Short-Term Rental and Business Licensing) to further leverage the investment.

Lastly, beyond the technology lies our user community. As 29 of the top 50 California cities (and 32 of 35 California counites) use Accela, the California community we are cultivating is invaluable. There are over 500+ Accela Subject Matter Experts (SMEs) within our online community. In the Spring, we will host our next inperson Southern California user group meeting where 150+ agency attendees gather to share best practices.

Topics include resource deployment, governance, hiring, online digital experience, analytics, and AI strategy all within local government.

We hope you take advantage of the power of our scalable, enterprise offering and look forward to working on a scope of work together.

Implementing with Proven Partners
We propose Gray Quarter as the owner of professional services for the City’s project.

They will lead all implementation workstreams. Their leadership has over 45 years of combined Accelaemployed experience, thus creating a significant technical product gap while at the same time being able to craft unique solutions to spotlight the Accela solution. Gray Quarter brings forward not only industry-best professional services but a marketplace of products that enhance the user and citizen experience. These products are layered within the Accela solution, complement the user/citizen journey, improve internal integrations, and are built on best practices.

Moving Forward Together
Accela values this opportunity to earn the City’s business and demonstrate why Accela offers you the best solution to meet your system requirements. Our proposal goes into more detail about how we’ll create these results and what you can expect during the process.

After a thorough review of industry providers, we are confident that the City and the evaluation committee will conclude that Accela is a partnership worth pursuing. We would love to have the City of San Bernadino join the Southern California user group as we continue to provide technology that meets policy.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1213 Packet Page. 1214
Understanding of Project Objectives
Accela understands that this project aims to replace the City’s current land management system, Permits Plus, with an enterprise solution. The City seeks a comprehensive, enterprise platform that addresses current and future needs. The goal is to enhance operational efficiency by adopting best practices, automated workflows, and modern technology, including online portals and mobile solutions based on the changing challenges of the permitting industry.

The project's objectives include streamlining processes, reducing manual efforts, improving integrations, and adhering to best business practices. Success will be measured by the timely and budget-conscious implementation of the new system. The evaluation criteria focus on how well the proposed solution meets the City's functional requirements.

Specifically, as part of this proposal, we have carefully executed a holistic strategy bringing together the right solutions and partnerships to ensure the City’s goals are exceeded:
• Deliver superior online customer experience to Citizens • Provide reporting and analytics for City leadership to make proactive decisions for resource deployment • Empower back-office staff to manage caseloads more efficiently • Provide training during implementation for power users to further enhance the systems • 24/7 acceptance of electronically submitted plans and permits • Robust and unlimited Citizen-facing portal for online payments, document upload, tracking communications, etc. • A clear strategy to migrate from Permits Plus to Accela • Strong integrations between Accela and Esri GIS, Laserfiche, New World ERP, Bluebeam, DocuSign, PowerBI, cashiering, and more
• Access to Accela University, Success Community, and Accela’s Learning Management System for free and low-fee ongoing training
• A 50+ unique agency Southern California User group online and in person (Annually) • Reliable customer support and a named account executive for escalations • Ability to accommodate future permitting activity types like Short Term Rentals.

We have provided overviews of our proposed Civic Applications for Planning and Building in this section to show how they’ll meet the City’s objectives.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1216 Accela Civic Application for Planning helps the City improve community quality, promote economic growth, and protect resident welfare.

Exhibit 2: Key Benefits of Accela Planning
Accela Civic Application for Planning
Accela Civic Application for
Planning helps communities
build and grow safely with
zoning, planning, plan review and
approval, complaint
management, and code
enforcement automation.

Please click above to view a demo of Accela Planning or visit: https://www.youtube.com/watch?v=XAi1Og25Pok San Bernardino, CA RFP F-23-78
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©2023 Accela, Inc. All rights reserved. Packet Page. 1217 Optimize Development with Accela's Civic Application for Planning: Accela's Civic Application for Planning revolutionizes the development process, empowering government agencies to streamline planning operations, foster growth, and enhance citizen engagement. Designed with the singular mission of modernizing local governments, this comprehensive solution transforms the way agencies manage permits, zoning, compliance, and code enforcement.

Zoning Capabilities for Effective Land Use: Efficiently manage zoning requirements and regulations with our application's zoning capabilities. Make informed decisions regarding land use, density, and development standards to achieve optimal urban planning and community development.

Seamless Permitting Management: With our Civic Application for Planning, agencies can efficiently manage and issue a wide range of permits crucial to development. From building permits to land use permits and zoning approvals, the application simplifies the process, reducing administrative burdens and expediting approvals.

Transparent Project Tracking: Stay in control of development projects with our intuitive project-tracking capabilities.

From initial submission to final approval, agencies gain real-time insights into project status, enabling transparent communication with stakeholders and ensuring projects stay on track.

Empowered Code Compliance and Enforcement: Accela’s Civic Application for Planning reinforces code compliance, ensuring development projects adhere to zoning regulations and other planning codes. With automated workflows, agencies can proactively address violations, promoting orderly development and enhancing community safety.

Data-driven Insights with GIS Integration: Harness the power of Geographic Information Systems (GIS) integration to visualize and analyze planning data. Effortlessly identify trends, uncover hidden patterns, and make data-driven decisions, optimizing resource allocation and bolstering informed planning.

Enhanced Public Engagement and Communication: Engage with the community like never before through our application's public engagement features. Offer citizens online portals for submitting planning applications and receiving real-time updates on project progress, fostering transparency, and building trust with the public.

Streamlined Workflow Automation: Experience newfound efficiency through our application's workflow automation capabilities. Standardize planning processes, eliminate manual tasks, and reduce delays, allowing agencies to focus on what matters most - driving development.

Insights through Reporting and Analytics: Empower your agency with actionable insights using our robust reporting and analytics tools. Measure performance, assess outcomes, and make data-backed decisions to optimize planning strategies and fuel future growth.

In addition to its core when it comes to development, Accela's Civic Application for Planning is the catalyst for transformation. Drive innovation, embrace efficiency, and engage with the community like never before. Unlock the full potential of your planning endeavors with Accela - your trusted partner in modernizing government operations.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1218 Accela Building includes out-of-the-box configurable workflows, business rules, reports, and GIS integration to help streamline agencies’ permitting process.

Exhibit 3: Key Benefits of Accela Building
Accela Civic Application for Building
Accela Civic Application for
Building provides an end-toend cloud-based solution for building permit processes,
including web-based access for
citizens and back-office staff as
well as mobile inspection
capabilities.

Please click the screen above to view a demo of Accela Building or visit: https://youtu.be/OVatnLNFDKw San Bernardino, CA RFP F-23-78
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©2023 Accela, Inc. All rights reserved. Packet Page. 1219 Streamlined Permit Process: Accela Building simplifies the permit application process for residents, enabling them to conveniently submit applications, documents, and fees online. This eliminates the need to visit agency offices, saving time for applicants and reducing administrative burden for agencies.

Highly Configurable: While Accela Building is an out-of-the-box solution, it also offers high configurability.

Agencies can tailor the platform to meet their specific processes and requirements, ensuring seamless integration into their existing workflows.

Efficient Permit Processing: The platform allows reviewers to access applications and plans simultaneously, promoting collaboration and reducing bottlenecks in the review process. Additionally, it integrates with other systems to provide access to code and zoning information, further streamlining the approval process.

Mobile Inspection Capability: Accela Building equips inspectors with a mobile app that works both online and offline, enabling them to conduct on-site inspections efficiently. This capability optimizes routes, reduces errors, and increases productivity.

GIS Capabilities: With built-in Geographic Information System (GIS) capabilities, Accela Building enhances the visualization and analysis of building-related data. Agencies can better understand spatial relationships, make data-driven decisions, and improve overall planning and development.

Intuitive User Interface: Both agency staff and residents enjoy a modern and user-friendly interface accessible from any device. This ensures a seamless and pleasant experience for all users throughout the permit process.

Citizen Access Portal: Builders can leverage the Citizen Access Portal to easily submit applications, schedule inspections, and track the progress of their permits. This level of transparency and accessibility fosters better communication between agencies and applicants.

Cloud-Based Solution: Accela Building operates on a cloud-based infrastructure, eliminating the need for agencies to worry about managing complex hardware and software resources. This results in a cost-effective and scalable solution.

Open Data Integration: The platform offers platform-wide APIs and SDKs, enabling smooth integration with complementary solutions to address the diverse needs of agencies. This flexibility allows for future expansions and enhancements as requirements change.

In addition to its core features for building permits, Accela Building provides functionalities for Trade License Verifications and Code Enforcement. These capabilities empower agencies to efficiently manage licensing lifecycles, online applications, inspections, and fine collections, further streamlining agency operations.

With automation at every stage, from application intake to inspection scheduling, Accela Building ensures a transparent and efficient permit process that benefits both agencies and applicants alike. Its out-of-the-box nature, GIS capabilities, and mobile app's offline functionality make it a comprehensive solution for modernizing building permit management.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1220 Specific Proposal Requirements
Include the following items in the order listed below (and indexed in the same manner) in your response to this Request for Proposals (RFP).

During the assessment phase of the project, key issues were discussed regarding alternate information management solutions. Following is a list of specific concerns of the City. Please respond to each issue in detail regarding how the proposed solution will satisfy each concern.

Accela has provided our responses to the Specific Proposal Requirements outlined in Section 3 of the RFP in this section.

Programming Languages
Please provide information on all programming languages used for each proposed required application.

Accela’s solutions are developed with open architecture and common best practices and utilize publicly available open-source technologies, such as common best design patterns (Adapter, Factory, Facade, etc.), and common programming languages. Accela developers use industry-standard IDEs and tools for developing our applications. There are no proprietary technologies in the product. This architecture ensures that the complete Accela ecosystem is scalable for easy deployment.

The Accela product suite consists of applications developed in Java and C# for cloud, web, and mobile platforms. The specific IDEs and compilers used are dependent on the Accela application and platform. Our Java/J2EE (JDK 1.8) based applications are developed using the Eclipse IDE/IntelliJ Idea. Our C#/ASP.NET based applications are developed using Visual Studio 2013. Our mobile applications are developed using Xcode for iOS, Eclipse for Android, and Visual Studio for Windows Phone. IDE tools are used for code violations including Syntax and errors, and Veracode for Security code scans and Application scans.

Operating Systems
Please provide a description of the proposed server and desktop operating systems used by your products and which server software option is being proposed (include server software name, year, and version).

We are proposing the Accela Civic Platform. The Civic Platform is a SaaS solution, hosted in the Microsoft Azure cloud. Access to the solution is accomplished through standard and supported web browsers. Accela Mobile supports the most common operating systems in the field: Android, Windows, and iOS. In short, the Civic Platform can be accessed through a desktop, tablet, and/or mobile device to carry out all permitting and licensing tasks.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1221 Database
The City expects the information system to be based on a very stable and flexible relational database standard. The City's preference is MS SQL. Please briefly describe the relational database platforms available in the use of your products and which database option(s) are being proposed (include database management system name, year, and version).

The Accela solutions are deployed in a three-tier model consisting of the database tier (MSSQL), Business Services/Application tier (J2EE web application leveraging web services for data exchange), and Presentation/Public Web tier (predominantly Java and .NET).

The foundation of the solution is the Database Tier, which contains a data schema specifically designed for government-focused key business data, activities, and processes. • Government-focused data schema – Leveraging decades of industry experience, our solutions data schema allows end users to quickly access the data they need to perform their roles. • Industry-standard data access – Our solution architecture application layer accesses the data layer using the Java Data Base Connectivity (JDBC) standard. External applications can access the data layer via either JDBC or ODBC using ANSI SQL92 statements.
• Single database across enterprise platform – Since our solutions access the same, consolidated database, all end users work with consistent, accurate, and up-to-date information across the entire enterprise.

User Interface Configurations
The City desires to move forward with advancing technologies and, therefore, prefers a solution that is a web-based application and browser-agnostic environment that can be run on desktop and mobile platforms. Screen-scraper technology configurations will not be considered. Please describe your client architecture.

We are aligned with the City’s preference for a web-based application. The Civic Platform is a web-based, SaaS solution, hosted in the Microsoft Azure cloud. Accela Civic Platform can be accessed through a desktop, tablet, and/or mobile device to carry out all permitting and licensing tasks.

The back-office Accela system is supported on Chrome and MS Edge browsers. The public-facing Citizen Access portal is supported on Chrome, Firefox, MS Edge, Safari, and Opera browsers.

Reporting Capabilities
Please provide information on overall system/solution reporting capabilities (e.g., canned reports, ad hoc reporting, executive dashboard, etc.) Please define the reporting architecture that is used (e.g., Crystal, Cognos, SSRS, or other[s]).

Leveraging Power BI technology, included in your seat license cost, Accela provides an embedded data visualization tool known as Accela Insights. Accela Insights allows end-users to create modern and interactive dashboards. This tool provides multiple views into your Accela data through visualizations representing different San Bernardino, CA RFP F-23-78
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©2023 Accela, Inc. All rights reserved. Packet Page. 1222 information and insights. It does this with an interface simple enough for end-users to create their dashboards while accessing their data through business terms they are familiar with and understand.

Accela Insights allows stakeholders to consume the information that matters the most, while also having the chance to interact and drill into more information in a self-sufficient experience. It empowers agencies to:
• Provide operational dashboards to track daily operations and provide a comprehensive snapshot of performance, analytical, and strategic dashboards.
• Provide analytical dashboards to use data from the past to identify trends that can influence future decisionmaking. • Provide strategic dashboards to track performance concerning your key performance indicators to better align actions with strategy.
• Provide a single source of truth for tracking department and organization-wide metrics. • Empower inspection managers to understand team performance and key metrics more easily. • Enable inspectors to see and track their inspection activities and optimize routes for upcoming tasks.

Exhibit 4: Example dashboard leveraging Accela Insights Our reporting and analytics offerings even go beyond dashboarding with our Ad hoc Report Writer, which provides an easy point-and-click user interface and user-friendly views of our solutions data, offering the City the ability to design, deploy, and manage its reports and documents (i.e., form letters) without requiring any thirdparty reporting tools. Due to its ease of use, report writers do not need specialized report-writing skills or indepth knowledge of our solution's data schema. A basic tabular report can be written in less than 15 minutes.

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Reports may be immediately published in our solutions without the assistance of the IT team or administrative staff. Tabular reports automatically provide hyperlinks that allow users to launch and view related Record data in our solutions from within a report. In addition to creating tabular reports, users may also create formatted forms and documents such as contracts, permits, rental agreements, etc. Comprehensive administrative functions are available for these reports, forms, and documents, such as controlling access to creating/running Packet Page. 1224
reports, controlling access to data views, managing report menu visibility, automated generation of reports, automated emailing of reports, automated saving of reports to a document management system, etc.

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Exhibit 5: Accela’s Ad hoc Reporting Tool
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Reports can be generated in multiple formats depending on the need including Hypertext Markup Language (.html), Adobe Acrobat Portable Document Format (.pdf), Microsoft Word (.doc), Rich Text Format (.rtf), delimited text by tab or comma, Microsoft Excel Spreadsheet format (.xls), and XML. Reporting tools provide services to format, spell check, and design documents from simple to detailed designs.

In addition to Accela’s built-in Ad Hoc Report Writer tool, our solutions also support reports developed in the major report authoring tools on the market including MS SQL Server Reporting Services and Crystal Reports.

Accela centralizes your reporting experience for all your reporting needs within the Civic Platform’s Report Manager. Leveraging this single-source platform, users with access to configure and deploy reports can secure reports to only the intended user groups, attach them to workflows, deploy them to citizen access, and many other features.

Users can create, save, organize, and maintain an unlimited number of reports from the Report Manager.

Report parameters can be established, permissions assigned, and reports can be attached to screens and associated with workflow tasks (for example, “print permit” for a specific record). The Report Manager manages the configuration and printing of all reports, including permits, documents, statistics, analytics, and form letters. Hard copy permits may be printed manually, as part of a workflow task, or as part of a batch process. In addition to Accela’s robust reporting offerings, built-in functionality allows the following:
• CSV Export – End users can export the contents of any List screen directly to an Excel\ spreadsheet for reporting and analysis activities.
• Filters and Global Searches – Filters and Global Searches let end users see data they need to see, in the way they want to see it. This allows end-users to do their jobs more effectively. Administrators configure role-based filters, thus allowing end-users to see only authorized data. Global Searches are dynamic queries that either administrators or end users can configure and save.

Additionally, our Report Manager deploys Microsoft Word documents for mail-merge reporting against data within Accela. These reports can be deployed throughout the application seamlessly. They do not require the deployment of any additional software or services onto client/end-user machines to run the reports from within the system.

Accela’s reporting and analytics solutions also offer the ability to deploy reports virtually anywhere within the system and make them available for execution manually, automatically, or only when specific milestones have been met. The City is also able to restrict who can execute reports based on role-level security and/or application status.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1228 Exhibit 6: City of San Diego Development Services Permit Executive Dashboard Exhibit 7: City of San Diego Executive Project Dashboard RFP F-23-78
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Enhanced Reporting Database
Accela has created the Enhanced Reporting Database (ERD) option for our cloud customers. This gives the City direct, secure access to your raw Accela data within Microsoft Azure.

The Enhanced Reporting Database is a full replication of the Accela cloud-based transaction database providing near real-time syncing (seconds, not minutes) between the transaction database and the read-only reporting database. Customers access the Enhanced Reporting Database directly through an ODBC connector.

The system is designed for one-way copying of data — with no data synchronization or mirroring capabilities — to ensure high system performance is always maintained.

This offering is SQL Server-based, and available in Accela’s Azure cloud environment.

Exhibit 8: Accela’s Azure Cloud Environment
The City can leverage ERD to write live SQL queries against your Accela data, use it to import all your data locally and use your preferred tools.

ERD comes with a Power BI connector that provides an opportunity for agencies to leverage their Power BI enterprise license and deploy dashboards within Accela with third-party data leveraging our security framework and report manager interface.

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Electronic Document Management Capabilities
Please provide information on your document management capabilities and options, including integration to third-party EDMS solutions. If your solution offers standard integration with any EDMS solutions, please list them and describe the integration capabilities.

Accela Document Service is an internal system feature that allows for the collection, naming, and organization of any type of electronically formatted document in its native format. Under Document Services, the City can grant specific privileges to end users to access this site to review documents pertinent to their inquiries or for other business purposes.

Additionally, Accela allows documents to be attached to virtually anything in the solution including properties (address, parcel), people (contacts and licensed professionals), records, and inspections. The solution also allows for bulk document upload (i.e. multi-select files), bulk printing, and bulk downloading.

Another document-related feature is the ability to scan documents directly from a local or networked scanner into our solutions without a user having to save the scanned file to a secondary location and then use the “Attach” feature in Accela, locate the document(s) in the secondary location and manually attach them thus saving significant time and effort.

Document access can be controlled by permissions including what is available to the public, they can possess their individual, City-defined statuses and can be configured to capture and store City-defined custom data fields that correlate to the Group and Type classifications related to the document.

Additionally, Accela’s solutions have a robust Electronic Document Management System (EDMS) SDK that supports integration into most industry-standard EDMS/ECM applications. In some cases, a custom integration will be required for a specific EDMS/ECM application.

Workflow Capabilities
Please provide information on your system's workflow capabilities. Describe the integration level with all systems. If you have no workflow capabilities, please indicate so.

The flexible configuration of our solutions lets customers define and manage the sequence and requirements of the hundreds of steps involved in a workflow. The solution manages all types of regulatory activities. Permits or other case types the City desires may be configured at any time in the future by System Administrators to meet these yet unforeseen needs.

Accela’s Workflow Designer can mimic the City’s simple or complex workflow and allows every aspect of each key business process to be configured in our solutions. This tool efficiently guides each process from task to task, from initialization to completion, but it also
• Facilitates key task assignments
• Allows the definition of duration for each of the tasks • Automatically sets due dates based on task durations
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©2023 Accela, Inc. All rights reserved. Packet Page. 1231 • Task tracking: Who is assigned to handle the task, task status, and location of pertinent data about the completion of the task
This workflow engine is the universal element in the Accela client space, acting as the eyes and ears to a myriad of public processes in city, county, and state governments. Accela’s Workflow Designer has expanded this graphic design tool for workflow configuration to include the following major features:
• Support administrators to drag and drop widgets onto the canvas to visually build or edit a workflow process. The widgets may be process start and end points, forks, joins, flow lines, and tasks (including sub-processes). • Support administrators in designing workflow and processes, and define tasks in processes, including setting task basics, associating task-specific information groups, setting task status, proximity alert, and e-mail notification.

Each workflow task is represented as a milestone to be done sequentially, concurrently, or Ad hoc based on the business requirements of your agency. This includes task-specific status dispositions, custom data collection, time tracking, and workflow metrics management that help ensure you capture the right information at the right time. Workflow automation including generating internal and external communication via email, SMS, and alerts, generating applicable documents/forms, routing work tasks to other stakeholders, and automatically creating related records such as trade permits, licenses, etc. are all managed “under the hood” through Accela’s workflow design tool, thus keeping the end-user experience streamlined and efficient.

Each set of workflow tasks (Completed, In Progress, and Up Next), can be collapsed to help the user focus on a specific task or set of tasks. The Completed and Up Next tasks are collapsed by default. Users can quickly expand collapsed task sets and then expand the individual tasks that are most pertinent to their jobs. This puts important information at the user’s fingertips without presenting an overly detailed and distracting view of the entire workflow process. Ad Hoc tasks are displayed in the same manner, with Completed and In Progress tasks grouped so they can be collapsed or expanded.

Exhibit 9: Clean lines, color-coded and icon-based status indicators, and an HTML5 responsive design allow your agency to quickly move applications through the unique business processes to take them from intake to approval.

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Exhibit 10: The Detail Card View allows users to see the detailed step information that is pertinent to a specific workflow task so they can track, update, and move an application forward.

The key components of the Workflow Designer feature include:
• Workflow Tasks: Each workflow process consists of a series of logically ordered, user-defined tasks that comprise a specific business process. The Workflow Designer allows these tasks to be handled one at a time or concurrently. It can change based on each task’s status, for example, skipping certain tasks as appropriate, branching and/or looping to other tasks as needed, or repeating tasks when necessary. • Task Statuses: Each task may have a series of Task Statuses that update and direct the task within the Workflow Designer process. These statuses are user-defined and control the various paths the workflow process takes using flow controls. However, because a task is just one component of an application, the task status may be different from its application’s status. For example, if there are six tasks required for one application, all six tasks need to be completed before the application status can be “complete.” Therefore, it is possible to have the status of one task be “complete” while the application status is still “in process”. • Application Status: Task Statuses can drive an overall application status, providing a high-level view of the progress of the workflow process. This is particularly useful in managing process timelines and high-level management reporting.
• Task-Specific Information: Task-Specific Information is key data entered during the Workflow Task update process.

This component also drives task-specific checklists that are often critical components of workflows. Task-specific information fields can be marked as searchable for easy searches.

Accela’s Workflow Designer is a powerful feature that is integrated with an agency’s organizational structure.

This lets administrators assign each task to an individual that works for the agency. Administrators can add subSan Bernardino, CA Land Management System RFP F-23-78 Page 26 of 67 ©2023 Accela, Inc. All rights reserved. PDF Page 26 of 164 Packet Page. 1234
tasks, also known as activities, to each task. Sub-tasks help create a more detailed workflow process or outline the steps involved in each main-level task. Administrators can also associate any type of document with a subtask. Documents can give further instructions about a sub-task or record the results of the sub-task. For example, users can attach a report of the results of the plan review or upload the actual plans. A workflow Packet Page. 1235
process represents all the tasks that an agency is responsible for concerning a certain application type. Users can determine the view, assignment, and search settings for workflow tasks for the My Tasks user screen.

For each task in a workflow process, users can set up a series of appropriate and user-defined task statuses, such as “Active,” “In Progress,” or “Complete.” Task statuses allow users to describe the current situation of a workflow task accurately. As users update workflow tasks, our solutions know which tasks to activate next, depending on how users set up the statuses. In this way, the process moves forward or where needed following user input. When users update a certain task, our solutions will update the task in the workflow for the record.

However, because a task is just one component of an application, the task status may be different from its application’s status. For example, if there are six tasks required for one application, all six tasks need to be completed before the application status can be “complete.” Therefore, it is possible to have the status of one task be “complete” while the application status is still “in process.” Every step in the workflow process is recorded in workflow history so that any user with assigned rights can view the history and assess the progression of the workflow for any given work order. Task assignments and due dates are automatically viewed through the system’s My Task feature. Individual users view their specific assignments and due dates through a Task portal; and supervisors can view assignments and due dates across the entire department.

Application Security
Please describe application and user security features/capabilities. Indicate any special security features (e.g., user security, function security, file security, field-level security, etc.) provided by the software. Please also confirm your support of Active Directory and if you provide single sign-on capabilities.

Security Compliance
As a provider of Software as a Service (SaaS) solutions for government, Accela prides itself on delivering an elevated level of data and cloud security by implementing a variety of measures to protect its customers.

Along with in-depth audits for its network, applications, and databases, Accela’s use of encryption, user authentication, backup and recovery programs, and real-time network performance monitoring offers governments and the communities they serve the ability to provide innovative, reliable solutions securely.

Accela’s security is aligned with the National Institute of Standards and Technology’s (NIST) standards, Payment Card Industry Security Standards, and AICPA Trust Services Principles. Partner companies, like Microsoft, ensure their cloud services meet the FBI’s Criminal Justice Information Services (CJIS) standards, another high benchmark in cybersecurity. Accela’s software development lifecycle and operational processes align with the Open Web Application Security Project (OWASP).

These standards require security controls like identity management, multi-factor authentication, configuration controls, incident response, and change control. For CJIS compliance, there are also the added requirements that grant the FBI physical access to Microsoft’s cloud facilities for IT audits, to get detailed quarterly security updates, and for agents to conduct background checks on Microsoft personnel.

Accela maintains a broad set of controls across the areas of people, processes, and technology covering these areas:

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Accela also maintains a variety of security certifications to demonstrate and provide third-party validation of its commitment to customer security, as shown in Exhibit 11. • Application security
• Data security and lifecycle management
• Secure software and delivery lifecycle
• Audit and Accountability
• Business Continuity
• Change and Configuration management
• Datacenter / Infrastructure as a Service Security
• Encryption in transit and at rest
• Threat, Vulnerability, and Risk Management
• Identity and Access Management
• Mobile Security
• Incident Management and Response
Exhibit 11: Accela maintains these key security certifications within our products.

User Security
Accela’s solutions provide a multi-level security system where the system administrator has full control over user access. This control on user access is granted based on a single user login ID and grants that user specific rights and privileges to the system.

Accela’s solutions also allow system administrators to set up groups or roles and set security based on those such as read-only, update, or no access. Our security goes beyond this setup to the functional level, allowing administrators to set security down to a specified function. For example, an Investigator may have read-only access, but no access to "Add Fees".

These rights and privileges can be extended to internal users, other departments, outside agencies, and even public citizens and applicants to safeguard the sanctity of system information. Individuals, as well as groups, can have one or more distinct security rights and system administrators can have universal rights and privileges or assign such rights to other designated and duly authorized users.

Administrators can set up password time-out frames at the individual user level. If the password time-out is blank, the system will set it up to a default of 90 days.

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©2023 Accela, Inc. All rights reserved. Packet Page. 1238 Single Sign-On
For SaaS customers in the Azure environment, Accela offers a single sign-on service (SSO) that makes it easy to integrate our back-office solutions with third-party identify providers Okta or Azure Active Directory.

SSO provides control of user accounts that can authenticate to the Accela back-office system using Microsoft Azure Active Directory and Okta. City users follow the Accela login web link, the system redirects them to the IDP login to authenticate the user, which then redirects the authenticated user to the Accela dashboard fully logged in without any additional authentication steps.

The Accela single sign-on adapter for Microsoft Azure Active Directory is built into our solutions and leverages Active Directory Services / or SAML V2 as the authentication API.

Application Software Functionality Requirements
Please complete the Software Features, Functions, and Capabilities Listing contained in the electronic file provided with the RFP Section 5 (Appendix A).

The proposed software should demonstrate an online, integrated method of processing the noted application modules and allow for immediate updates of all information. Access to information in either summary or detail should be obtained easily and intuitively. The proposed software's data entry screens should be designed to facilitate rapid data entry.

For each application software module proposed, indicate whether your organization developed the module or if the module is available because of a third-party relationship that has been established with another vendor.

In addition to the required and optional software information requested in Section 5, provide general information on other application modules not requested in this RFP that may be of interest or benefit to the City.

We have provided Appendix A, Software Features, Functions, and Capabilities Listing in Section 5, Appendix, as well as a separate attachment.

Software Upgrades
Please describe your software versioning and update policies/practices. Include, at a minimum, how often you issue upgrades (new versions) and whether new versions are provided as part of your annual maintenance and support fees. Please explain the process of installing update patches and service packs. Please provide costs related to the following upgrade items.

Frequency
Accela provides a major software release twice per year. We apply service packs each month with usability enhancements and new capabilities, as well as to correct identified problems with a software program or maintenance on operating systems that require immediate action or updates. These major releases include enhancements to the Civic Platform, Citizen Access, GIS, Mobile, and our pre-configured Civic Applications.

All upgrades are included as part of the ongoing yearly subscription cost.

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Provision of release notes
All version releases and service packs are provided with corresponding instructions to enable a complete understanding of the reasons and outcomes. Detailed product release notes accompany all product releases, and are alternatively available on Accela’s Success Community website for customers to review before installation. In addition, the following technical documentation is provided with each major release:

Administrator Guide, User Guide, Installation and Configuration Guide, Online Help, and Interface Software Development Kit.

Steps to perform an upgrade
For SaaS customers, Accela manages the upgrade process. We recommend the City review the corresponding release notes and third-party software versions to ensure compatibility with the upcoming Accela release (browsers, local ArcGIS Server, ePayment providers, etc.). Release windows are typically four to six hours on Tuesdays or Thursday nights once a month, with minimal downtime.

Release to SaaS Clients
For major versions, Accela upgrades our SaaS Staging environment four to six weeks before the customer SaaS Production and non-production environments are upgraded to the same release version. (For minor releases, we upgrade the SaaS Staging environment one week ahead of the Production and non-production environments update.) This gives our clients time to certify, train, perform integration testing, and elect any new features that will require specific configurations before the release is installed into the Production environment. Accela completes upgrades for our clients. Our customers perform all testing and verification of the new release against their specific configuration and setup in the Staging environment.

Exhibit 12: Software Upgrades
Upgrade
Types
Typical
Frequency (in
months)
Typical Vendor Assistance
Cost Typical Vendor End-User Training
Low Cost High Cost Low Cost High Cost
Version
Upgrades
Biannually /
Every 6 Months
Upgrades are included
in the annual SaaS
subscription.

Release notes and technical documentation
are provided as part of the annual SaaS
subscription.

Major
Upgrades
N/A Upgrades are included
in the annual SaaS
subscription.

Release notes and technical documentation
are provided as part of the annual SaaS
subscription.

Minor
Upgrades
Monthly Upgrades are included
in the annual SaaS
subscription.

Release notes and technical documentation
are provided as part of the annual SaaS
subscription.

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User-Access Requirements by Module
The following table lists the City's estimated number of Full and Inquiry user-access requirements by module.

NOTE: These are not separate user IDs. Most of these are duplicate users because users may work in multiple modules.

This information is intended to give the vendor an understanding of the number of users involved in implementation and/or training at each module level. For overall total user counts, please see "User Information" under section "Volumes and Conversions".

We have reviewed the user capacity outlined in the above table. Accela software pricing is based on a unique user ID metric. Our pricing is based on 160 users as outlined in the above table however – it is our view that the City would likely need less than 160 users. Pricing is included in work book – Tab G 2.

Hosted/SaaS Model
If your solution can only be deployed in an on-premise environment, complete "Appendix G1 – On-Premise Project Costs." If your solution can only be deployed as a Hosted/SaaS environment, complete "Appendix G2 – Cloud/Hosted Project Costs." NOTE: Both appendices G1 and G2 must be completed if the solution can be deployed as both hosted and on-premise.

We have provided Appendix G2 – Cloud/Hosted Project Costs in Section 5, Appendix, as well as a separate attachment.

With Accela's SaaS offering, the City can embrace efficiency, security, and scalability, all while cutting costs and optimizing your technology investments. Focus on serving your community, and let Accela take care of the rest.

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Exhibit 13: Increase time to value with ready-made solutions that respond to the rapid modernization of technology.

Accelerate Efficiency and Reduce Costs with Accela’s SaaS Offering Choose Accela's Software-as-a-Service (SaaS) delivery model to significantly reduce infrastructure costs and free up your IT staff from the burden of hardware and software maintenance. Accela expertly manages our applications and infrastructures within the industry-leading Microsoft Azure hosting environment, ensuring world-class data security and a robust and reliable solution with a 99.9 percent uptime commitment each calendar month. Embrace SaaS innovations and focus on innovation, while we handle the rest.

Join the Momentum of SaaS Adoption
Joining the cloud revolution is a key reason jurisdictions are adopting a cloud environment to cut capital and maintenance costs. Accela's elastic and scalable cloud offers the ideal solution. With seamless integration capabilities and unparalleled reliability, our SaaS solution ensures continuous access to fully functional webbased applications while preserving ownership of your data. Benefit from a 99.9 percent uptime SLA, rigorous security standards, real-time monitoring, and advance notice of planned maintenance performed during off-business hours.

Efficiency and Cost-Effectiveness
Accela's SaaS model provides a reliable and cost-effective solution for your mission-critical business needs, with predictable costs over time and reduced upfront investment. Say goodbye to additional hardware investments, as we handle all server infrastructure and application patches/upgrades. Implementations are expedited as our established infrastructure is at your service.

San Bernardino, CA
Land Management System
RFP F-23-78

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Mayor and City CouncilNovember 20, 2024

Mayor and City Council
November 20, 2024