REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 25, 2025
FROM
DON DAY, Director, Project and Facilities Management Department
SUBJECT
Title
Contract with ErgoFlex Systems, Inc. dba Xybix Systems, Inc. for the Purchase of Customized 911 Dispatch Consoles for the Valley Communication Center Project
End
RECOMMENDATION(S)
Recommendation
Approve contract, including nonstandard terms, with ErgoFlex Systems, Inc. dba Xybix Systems, Inc., for the purchase of 125 engineered 911 dispatch consoles and associated ancillary components, in an amount not to exceed $2,887,307, for the Valley Communication Center Project.
(Presenter: Don Day, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in additional costs to the project budget. The Valley Communication Center Project (WBSE 10.10.0181) (Project) budget of $124,981,367 was approved on June 11, 2024 (Item No. 110), by the Board of Supervisors (Board) as part of the 2024-25 Capital Improvement Program (CIP) Budget. This contract award is within the total Project’s budget.
BACKGROUND INFORMATION
On June 13, 2023 (Item No. 57), the Board awarded a construction contract for the Project. The Project contemplates the construction of a new facility known as the Valley Communication Center, located at the southeast corner of Rialto Avenue and Lena Road in San Bernardino.
The Project consists of a new three-story, 75,085 gross square foot building on the 6.85-acre site. Once completed, the Project will be a new mission-critical facility that will be operational 24 hours per day, 365 days per year, as the primary Emergency Operations Center in the San Bernardino Valley. and is replacing the existing facility housed in the Miro Way Complex in Rialto.
The new facility will be occupied by the Sheriff/Coroner/Public Administrator, Office of Emergency Services, San Bernardino County Fire Protection District, Consolidated Fire Agencies, Inland Counties Emergency Medical Agency, Innovation and Technology Department, and Project and Facilities Management Department (Facilities Division).
As the multiple agencies transition to the new facility, it is paramount the existing dispatch equipment, being moved align with the new ErgoFlex Systems, Inc. dba Xybix Systems, Inc.’s (Xybix) equipment specifications to minimize cost and time impacts for non-similar equipment dispatch console and equipment standards. The dispatch consoles are fully customizable, ensuring they provide the necessary space and features required by 911 communication dispatchers to efficiently operate dispatch equipment. This flexibility guarantees seamless integration with existing systems while optimizing workflow and functionality.
Per County Policy 11-05, a contract containing non-standard terms must be approved by the Board. ErgoFlex Systems, Inc. dba Xybix Systems, Inc.’s Agreement contains the following non-standard terms, which require Board approval:
1. Payment terms are Net 30 days.
• The County standard payment terms are Net 60 days with no interest or late payment penalties.
• Potential Impact: County standard processing time is 60 days or more. Failing to pay within Net 30 days may result in a material breach of the Agreement, which could allow the vendor to terminate the contract and seek other legal remedies.
2. Governing law is Colorado.
• The County standard contract requires California governing law.
• Potential Impact: The contract will be interpreted under Colorado law. Any questions, issues or claims arising under this agreement will require the County to hire outside counsel competent to advise on Colorado law, which may result in fees that exceed the total contract amount.
PFMD recommends approval of the contract, including non-standard terms, as the purchased equipment are specialized and necessary for day one operations of the new facility.
PROCUREMENT
The Purchasing Department supports this non-competitive procurement due to the functional specifications that meet the criteria demanded by 911 communication dispatchers for performance, ergonomic and their existing specialized equipment needs. Additionally, the layout of the room is specifically designed to accommodate the advanced equipment dimensions and existing technical specifications, thus providing a seamless transition for the 911 communication dispatchers from the existing 911 communication equipment to the new equipment.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniel Pasek, Deputy County Counsel, 387-5455) on December 12, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2148) on February 3, 2025; Auditor-Controller/Treasurer/Tax Collector (Mima Ugbo, Deputy Chief Controller, 382-3035) on February 24, 2025; Project and Facilities Management (Rob Gilliam, Chief of Project Management, 387-5000) on February 3, 2025; American Rescue Plan Act (Joon Cho, Chief Administrative Analyst, 387-5402) on February 2, 2025; Finance (Yael Verduzco, Principal Administrative Analyst, 387-5285) on February 24, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on February 25, 2025.