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HomeMy WebLinkAbout1998-188 . 1 98-188 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A 3 FISCAL YEAR 98/99 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF 800 Mhz VOICE 4 AND DATA BACKBONE AND USER RADIO EQUIPMENT. 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on 8 behalf of the City a fiscal year 98/99 maintenance services agreement by and 9 between the City of San Bernardino and the County of San Bernardino for 10 maintenance of system backbone, MDT's, radios, and dispatch consoles for the 11 the total amount of$199,142.00, for the City of San Bernardino. 12 13 SECTION 2. The authorization to execute the above referenced agreement order is rescinded ifit is not executed within sixty (60) days of the passage of this 14 15 resolution. 16 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the 17 Mayor and Common Council of the City of San Bernardino at a regular meeting 18 thereof, held on the 6th day of July 19 fill 20 fill 21 22 fill 23 fill , 1998, by the following vote, to wit: 24 fill 25 fill 26 fill 27 28 98-188 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 98/99 MAINTENANCE SERVICES AGREEMENT WITH THE 2 COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF 800 Mhz VOICE 3 AND DATA BACKBONE AND USER RADIO EQUIPMENT. 14 15 16 i The foregoing resolution is hereby approved this Sf day of July, 1998. 17 18 19 20 Aves Navs Abstain Absent x x x x x x -- x -- -- ~ar~Cit~ 21 Approved as to form and legal content: 22 James E Penman, City A~orney ,; h ~ 23 24 25 26 27 28 91r-/'i'f? REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION {<"'5 I FROM: JULY 21,1998 ELIAS S. CORTEZ, CHIEF INFORMATION OFFICER INFORMATION SERVICES DEPARTMENT SUBJECT: RACK SPACE/CIRCUITS AMENDMENT NO.1 AND AGREEMENT FOR 800 MHz RADIO MAINTENANCE SERVICE RECOMMENDATION: 1) Approve Amendment No.1 to license agreement 97-701 with the City of San Bernardino for rack space use and circuits at Little Mountain to extend the term from July 1, 1998 through June 30, 1999 in the amount of $34,112. AGREEMENT NO. 97-701 A-1 2) Approve Agreement with the City of San Bernardino for 800 MHz Radio Maintenance services in the total amount of $199,142 for a one-year period. AGREEMENT NO. 98-621 BACKGROUND INFORMATION: ISD provides a variety of contract communication services to local municipalities in support of the county's public safety communication network. These contract services include leasing unused space at county maintained communications facilities for placement of customer-owned equipment, providing point to point microwave communication circuits, and maintenance of customer-owned public safety equipment. On August 19, 1997, the Board of Supervisors approved an agreement with the City of San Bernardino for rack space and microwave circuits at Little Mountain, located in the City of San Bernardino. Under its terms and conditions the contract ended June 30, 1998. This one-year amendment provides the City of San Bernardino with ongoing rack space and microwave circuits. Additionally, the one-year agreement provides maintenance for the City of San Bernardino's 800 MHz Mobile/Portable Radios, 800 MHz Mobile Digital Terminals, 800 MHz Radio Dispatch Equipment and their 800 MHz Backbone Radio Equipment. REVIEW BY OTHERS: Deputies County Counsel, Jean Rene Basle reviewed the amendment and agreement on May 7,1998, Paula Tobler reviewed the maintenance agreement November 30,1997. FINANCIAL IMPACT: This contract will produce approximately $233,254 in revenue and was included in Communication's Internal Service Fund 1998-99 budget. There is no impact to local cost. SUPERVISORIAL DISTRICT(S): Fifth PRESENTER: Elias S. Cortez, Chief Information Officer, 388-5501. 'c cc: ISO--Judy Cline w/agreement City of San Bernardino w/agree. c/o ISO Auditor w/agreement SBO w/agreement Risk Management File w/agreement mil Record of Action of the Board of Supervisors SECOND ABSENT 4 5 RD BY ITEM 039 98-188 E ~ New Vendor Code Dept. Contract Number M Change SC A 7f'-t .t I X Cancel lAM County Department Dept. Orgn. Contractor's License No. INFORMATION SERVICES OEPARTMENT ISO lAM County Department Contract Representative Ph. Ex!. Amount of Contract JUDY CLINE 3885518 $199,142 Fund I Dept. I Organization 'I Appr. 'I Obj/Rev Source Activity I GRC/PROJ/JOB Number lAM MHz MHZ, 900 9800, Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name 98/99 $199,142 - - 800 MHz Radio Maintenance - - - - FOR COUNTY USE ONL Y ,.00."", ) "'NIlE ~ II : , " \..r";' 'j County of San Bernardino FAS STANDARD CONTRACT ~HIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, herernafter called :he County, and \jame :ITY OF SAN BERNARDINO hereinafter called CUSTOMER -I,ddress ,00 NO. "D" STREET SAN BERNARDINO. CA 92418-0001 ::Jhone Birth Date 909) 384-5010 =ederallD No. or Social Security No IT IS HEREBY AGREED AS FOLLOWS: '_'se space below and additional bond sheets. Set forth service to be rendered. amount to be paid. manner of payment. time for performance or completion. determination of J(isjactory performance and cause for termination. other terms and conditions. and attach plans, specifications. and addenda. if any_j MHZ RADIO AND EQUIPMENT MAINTENANCE SERVICES The County of San Bernardino Information Services Oepartment (ISD) provides a number of 800 MHz radio and equipment maintenance services. The specific service(s) rendered to Customer and charges for such service(s) are set forth and attached hereto as Exhibit A, "800 MHz Equipment Maintenance Services and Payment Terms". II. COUNTY RESPONSIBILITIES IN PROVIDING MAINTENANCE SERVICES A Maintain sufficient "loaner equipmenf' or "spare" mobile radios to temporarily replace equipment that is removed from service for maintenance reasons. B. Remove, reinstall and maintain MOTs, radios or other equipment that has become defective from normal wear and usage. ISO shall determine whether or not defects are normal wear and usage; said determination will be final. Repair work will be performed at ISO or elsewhere as prescribed by ISO. C. Maintenance for Radio Oispatch Equipment and Backbone Radio Equipment will be provided 24 hours per day, seven days per week with a two-hour response time. Maintenance for MOTs and Mobile/Portable Radios to be provided during normal County work hours on normal County business days. After hours service will be available on a premium rate basis. O. ISO reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. E. ISO assumes no liability for equipment failure in the field, nor for any adverse consequences caused by such failed equipment. F. ISO assumes no liability for failure to provide or delay in providing services, under this agreement, due directly or indirectly to causes beyond the control of ISO or other designated repair facility. City of San Bernardino BOO MHz Maintenance Page 10f5 98-188 III. COUNTY SERVICES PROVIDED ON A TIME AND MATERIALS BASIS A Service required due to Customer abuse or abnormal wear. B. Service to correct attempts by Customer or unauthorized third parties to repair or modify MOTs or other equipment C Facility electrical problems at Customer location(s) or vehicle electrical problems. o Services not covered in Paragraph II., to the extent feasible/cost-effective as determined by ISO. E. Program or re-program radios at Customer's request or in response to abnormal wear and usage, except for County originated systems reconfigurations. IV. CUSTOMER RESPONSIBILITIES A Customer shall own its own equipment B. Customer shall provide ISO with model and serial numbers of all equipment to be covered under this agreement C. Customer shall designate an individual as the single point of contact for maintenance coordination. D. Customer shall coordinate and schedule service requirements with ISO in advance whenever possible. E. Customer shall advise ISO of all MDT or radio relocations or reassignments within their fleet, within 24 hours of relocation or reassignment V. EFFECTIVE DATE AND TERMINATION This agreement shall commence on the first day of the month following its execution. This agreement shall remain in effect until the County or the Customer, at the sole discretion of either, terminates the agreement by giving thirty (30) days written notice to the other. Any such termination date shall coincide with the end of a calendar month. Neither party shall incur any liability to the other by reason of such termination. VI. RATES AND PAYMENT TERMS Payment rates and conditions are set forth on Exhibit A, "800 MHz Equipment Maintenance Services and Payment Terms". Payments shall be due within sixty (60) days of invoice date. In order to amend this agreement for a change in service levels, County will provide to Customer a revised Exhibit A incorporating such change(s) which shall be signed by Customer and returned to County. Customer's subsequent invoice shall be adjusted in accordance with the change(s), on a prorated basis, as necessary. Any rate change(s) shall become effective on July 1 of the County fiscal year (July 1, through June 30) in which such rate change(s) is adopted as part of the County's budget County shall provide notice to Customer by May 1 of the fiscal year in which a rate change occurs by providing Customer with a revised Exhibit A reflecting such rate change(s). Customer's subsequent invoice shall be adjusted in accordance with the rate change(s), on a prorated basis, as necessary. Payment address is: Information Services Department 670 E. Gilbert Street, 1 ~ Floor San Bemardino, CA 92415-0915 Attn: Fiscal and Personnel Services City of San Bernardino 800 MHz Maintenance Page 2015 ~ 98-188 VII. CUSTOMER REPRESENTATIONS The Customer represents that the person signing this agreement is a duly authorized representative of the Customer and has the authority to execute this agreement on the Customer's behalf. Jill. ASSIGNMENT This agreement, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned, and any such assignment shall be void and without effect lX. DEFAULT If the Customer does not make timely payment of amounts due under this agreement or breaches any term or condition of this agreement, County may declare immediately due and payable the entire unpaid amount, plus all other amounts due hereunder, less any uneamed charges. County may also exercise all rights and remedies of a secure party under the Uniform Commercial Code (or other similar law) of the State of California and pursue any other remedies existing in law or in equity. l(. GENERAL TERMS AND CONDITIONS A Indemnification - Customer agrees to indemnify, defend and hold harmless the County and its authorized agents, employees, agents and volunteers from any and all claims, actions, losses, damages andlor liability arising from Customer's acts, errors or omissions and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. County agrees to indemnify and hold harmless the City and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from County's negligent acts or omissions on account of any claim therefore. City of San Bernardino and County of San Bernardino acknowledges that each party is legally self-insured for workers' compensation up to statutory limits. The city is self-insured for comprehensive general liability and automobile liability, and each party shall provide a certificate of self-insurance to the other. The City and the County accept such self-insurance as satisfaction of the insurance and workers' compensation requirements under this agreement B. Permits - Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate. C. Exercise of County's Rights and Authority - The ISD Chief Information Officer or its designee, shall have the authority to exercise County's rights under this agreement D. Waiver - No waiver of a breach of any proviSion of this agreement shall constitute a waiver of any other breach, or of such provision. Failure of County to enforce at any time, or from time to time, any provision of this agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity. E. Validity - The invalidity in whole or in part of any provision of this agreement shall not void or affect the validity of any other provision. F. Caption and Paragraph Headings - Captions and paragraph headings used herein are for convenience only and are not a part of this agreement and shall not be used in construing it G. Exhibits - All Exhibits attached hereto, if any, are an integral part of this agreement and are incorporated herein by reference. City of San Bernardino 800 MHz Maintenance Page 3 of 5 98-l88 H. Entire Agreement - This agreement shall be governed by the laws of the State of California and constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, and preliminary understanding. This agreement may be amended as County and the Customer mutually agree in writing. Any such amendment must be signedlapproved by.authoriiZed representatives of the County and Customer. I. Notifications - All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be deemed duly given: 1. Upon actual delivery, if delivery is by hand; or 2. Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile; or 3. Three days following delivery into the First Class United States mail. Each such notice is to be sent to the respective party at the address indicated below or to any other address or person that the respective party may designate by written notice delivered pursuant hereto: Customer: City of San Bemardino 300 N. "0" Street San Bernardino, CA 92418-0001 Attn: Director, Management of Information Services County: Information Services Department 670 E. Gilbert Street, First Floor San Bernardino, CA 92415-0915 Attn: Finance and Personnel Services IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date set forth below their respective signatures. &-= ::>ated By .. ."C{L~ (Authorized Signature) Dated Clerk of the '3ernardino. of San Title Judith Valles . Mayor Add ress By Reviewed for Processing .. .. Agency Administrator/CAO Date s-7-'i;- Date Date City of San Bernardino 800 MHz Maintenance Page 4 of 5 98-l88 EXHIBIT A 800 MHz EQUIPMENT MAINTENANCE SERVICES AND PAYMENT TERMS . The following maintenance service(s) selected by check mark shall be rendered to Customer under this agreement: ~ 800 MHz Backbone Radio Equipment ~ 800 MHz Mobile/Portable Radio Equipment ~ 800 MHz Mobile Digital Terminals (MOTs) ~ 800 MHz Radio Dispatch Equipment A.s stated in Paragraph V of this agreement, commencement of this agreement shall be the first day of the month following its execution. The following payment conditions selected by check mark shall be in effect during the term of this agreement: Semi-annual Payment - each six months of services shall be invoiced: o In advance of each six month period of services to be rendered. ~ At the end of each six-month period of services rendered or upon termination of this agreement, whichever comes first Annual Payment - each year of services rendered shall be invoiced: o On the commencement date of this agreement and each anniversary date thereafter. Payments shall be due within sixty days of invoice date. CHARGES FOR SERVICES QUIPMENT TYPE No. of Monthly Semi-Annual Annual Rate Units Unit Rate Rate I Centra-Com II CRT console and related 800 MHz central electronics equipment 13 $387.50 $60.450 MOSCAD System Host and 11 Stations 12 $80 $11,520 MSF 5000 Repeaters 11 $80 $10.560 Prime Controllers 1 $80 $960 Antenna Systems (antenna. amplifier, combiner and feedlines) 1 $80 $960 Microwave/Microwave Distribution 3 $80 $2,880 I , STX Gemini portable radios 383 $6.00 $27.576 i I Spectra mobile radios 413 $6.00 $29.736 I TOTAL 800 MHZ MAINTENANCE SERVICES ------ -------- $198.642 . I Contract Development Fee ----- -------- $500 I TOTAL CONTRACT -- ------- 199,142 , Motorola 9100 800 z ob e g 80 $ 00 $54 000 City of San Bernardino 800 MHz Maintenance Page 5 of 5