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HomeMy WebLinkAbout2004-2181C ll 12 13 14 R 1( 17 18 1C 2( 2] Z 23 24 W 2s 27 28 RESOLUTION NO. 2004-218 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A CONTRACT FOR 800 MHz RADIO TIME -AIR SERVICES BETWEEN THE CITY AND PATTON STATE HOSPITAL. SECTION 1: The Mayor and Common Council of the City of San Bernardino hereby authorize the Mayor of San Bernardino to execute a contract between the City and Patton State Hospital authorizing the Patton State Hospital Police Department to use the City 800 MHz radio system. IOI HI 2004-218 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A CONTRACT FOR 800 MHz RADIO TIME -AIR SERVICES BETWEEN THE CITY AND PATTON STATE HOSPITAL I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 6 th day of July , 2004, by the following vote, to wit: Council Members ESTRADA LONGVILLE McGINNIS DERRY KELLY JOHNSON MCCAMMACK Abstain Absent City Clerk The foregoing resolution is hereby approved this 'R'rh Jay, of Approved as to form and legal content: James F. Penman, City Attorney BY: 9Mi City of San Bernardino 2004-218 City of San Bernardino Standard Contract THIS CONTRACT is entered into in the State of California by and between the City of San Bernardino, hereinafter called the CITY, and State of California, Patton State Hospital Police Department (hereinafter called CONTRACTOR) 3102 E. Highland Avenue Patton, CA 92369 IT IS HEREBY AGREED AS FOLLOWS: This contract is for the furnishing, by CITY to CONTRACTOR, of airtime on the CITY'S 800 MHz trunked radio voice communications backbone. It is the intent of the parties to promote more effective regional law enforcement through the cooperative use and maintenance of the CITY'S 800 MHz trunked radio system. This system will allow the parties to communicate on a common radio frequency when they are responding to law enforcement incidents on or around the Patton State Hospital grounds. 2. The CITY will provide CONTRACTOR with access to the CITY'S 800 MHz trunked radio system to provide the parties with a common radio frequency for communication. This shall be achieved by the following: The creation and maintenance of a radio talk group, initially with four channels, designated "10-PATTON-1 through 10-PATTON 4." A letter to County Communication authorizing the creation of the PATTON talk group and the programming of CONTRACTOR owned mobile, desk top and Handie- Talkie radios with the PATTON talk group channels and 10-SBPD-1 through 10- SBPD-5. CITY owned radio devices shall be programmed with the PATTON talk group. CONTRACTOR shall pay to CITY a monthly sum of money of $5.00 per radio device for airtime fees, regardless of the extent of usage during the month. This rate shall remain fixed over the initial contract period, however the CITY shall have the right to renegotiate the rate of services for subsequent contract periods. 4. CONTRACTOR agrees to pay for all costs of purchasing radio equipment necessary to put this agreement into operation and all programming costs charged by County Communications. The total cost of repairing or replacing equipment shall be the responsibility of the CONTRACTOR. Radio equipment purchased by the CONTRACTOR shall remain the property of the Sate of California. 5. The CITY and CONTRACTOR mutually agree to become knowledgeable of each other's radio dispatch protocols to provide for efficient interoperationability during incidents in 2004-218 which both agencies are responding to provide the delivery of service or mutual assistance. 6. The term of this contract shall be a period of three years commencing on October 1, 2004. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by the CONTRACTOR or by CITY upon written notice given to the other party at least thirty (30) days before the date specified for such termination. Any such termination shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of such termination. Neither party shall incur any liability to the other by reason of termination. 7. Any and all notices required to be given hereafter shall be given in writing by registered or certified mail, postage prepaid. The addresses of the parties hereto until further notice are as follows: CITY: San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92401-1559 CONTRACTOR: Patton State Hospital Police Department 3102 E. Highland Avenue Patton, CA 92369 8. CITY shall provide CONTRACTOR written notification when CONTRACTOR - purchased radio equipment has been programmed and PATTON talk group has been created. CONTRACTOR billing shall begin according to this date. 9. The CITY Police Department shall bill the CONTRACTOR quarterly, and shall be the City administrator of this contract. CONTRACTOR shall remit quarterly payment to: San Bernardino Police Department Accounts Payable P.O. Box 1559 San Bernardino, CA 92401-1559 10. CITY agrees to hold harmless the CONTRACTOR and its officers, agents, volunteers from any and all claims, actions or losses, damages and/or liability arising out of its obligations under this contract. 11. CONTRACTOR agrees to hold harmless the CITY and its officers, agents, volunteers from any and all claims, actions or losses, damages and/or liability arising out of its obligations under this contract. 2004-218 12. In the event the CITY and/or CONTRACTOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the contract, the CITY and/or the CONTRACTOR shall hold harmless the other to the extent of its comparative fault. 13. This contract represents the full and complete understanding of the parties with respect to the subject matter hereto; this contract supersedes all prior oral and written agreements or understanding between the parties with respect to the subject matter hereto. The laws of the State of California shall govern this contract. Venue for any lawsuit pertaining to this contract shall be Superior Court of California, County of San Bernardino, San Bernardino District. Any amendment to this contract shall be in writing signed by both parties. City of San Dated: Vales, Mayor 1-a-oy SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE MAYOR OF THE CITY OF SAN BERNARDINO. Clerk of the City of San Bernardino By: .d Y Patton State Hospital I By: Linda Morgan Dated: Address: A�. e-# �3�!