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Home My WebLink About1997-191 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 97-191 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 97/98 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE 800MHZ RADIOS FOR THE CITY OF SAN BERNARDINO. 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 behalf of the City a fiscal year 97/98 maintenance services agreement by and between the City of San Bernardino and the County of San Bernardino for maintenance of the 800Mhz radios for a total amount of $55,368.00, for the City of San Bernardino. SECTION 2. The authorization to execute the above referenced agreement order is rescinded if it is not issued within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 7th Bernardino at a joint regular meeting thereof, held on the July day of , 1997, by the following vote, to wit: IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 1 r- RESOLUTION AUTHORIZING FISCAL 97/98 MAINTENANCE SERVICES AGREEMENT WITH COUNTY FOR MAINTENANCE OF 800MHZ RADIOS. , 97-191 1 2 3 COUNCIL MEMBERS 4 NEGRETE 5 CURLIN 6 ARIAS 7 OBERHELMAN 8 DEVLIN AYES NAYS ABSTAIN ABSENT x x x x x 9 ANDERSON 10 MILLER 11 12 13 14 15 16 17 x x /-:.) (l k iA ""..C..//....c.L l.}...-t<." '- '---' CIt\c Clerk The foregoing resolution is hereby approved this /D-t day of July , 1997. 18 19 20 21 ~~II'(0)-- rom Minor, Mayor , City of San Bernardino Approved as to form 22 and legal content: 27 28 ^ By: UoA_' uf i Pe r, /VL"l.~ 2 .: ...' 97-1!lL Kt:PORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION AUGUST 19, 1997 FROM: RICHARD LARSEN, ACTING DIRECTOR INFORMATION SERVICES DEPART.MENT SUBJECT: RACK SPACE/CIRCUITS LICENSE AGREEMENT AND AMENDMENT OF 800 MHz RADIO MAINTENANCE SERVICE AGREEMENTS RECOMMENDATION: 1) Approve license agreement with the City of San Bernardino for rack space use and circuits at Little Mountain in the amount of $34,112. AGREEMENT NO. 97-701 2) Approve Amendment NO.2 to four 800 MHz Radio Maintenance Service agreements with the City of San Bernardino, extending the term of each from July 1, 1997 through June 30, 1998, in the total amount of $196,998, as follows: Agreement Agreement No. 800 MHz Mobile/Portable Radio Equipment Maintenance 96-165 A-2 800 MHz Mobile Digital Terminals Maintenance 96-166 A-2 800 MHz Radio Dispatch Equipment Maintenance 96-167 A-2 800 MHz Backbone Radio Equipment Maintenance 96-168 A-2 $ Amount $55,368.00 $54,300.00 $60,450.00 $26,880.00 BACKGROUND INFORMATION: ISD provides a vafiety of contract communication services to local municipalities and private agencies 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. Existing agreements with the City of San Bernardino for rack space and microwave circuits are invalid under current contract terms and conditions. The agreement provides the City of San Bernardino with rack space and microwave circuits at Little Mountain, located in the City of San Bernardino that conform to current arrangements. Equipment maintenance services fOf the City of San Bernardino's 800 MHz radio system under four agfeements were approved by the Board of Supervisors on August 6, 1996. Amendment NO.2 to each agreement extends the term from July 1,1997 through June 30,1998 and revises the annual cost for said services. cc: ISO--Annette Ross w/agree. City of San Bernardino w/agree. c/o ISO Auditor w/agreement Contract Compliance w/agree. MOTION 800 MHz System Operations Risk Management GSG File w/agreement BY Record of Action of the Board of Supervisors mil SECOND AYE 4 5 D ITEM 015 f( ~ 97-191 RACK SPACE/CIRCUITS LICENSE AGREEMENT AND AMENDMENT OF 800 MHz RADIO MAINTENANCE SERVICE AGREEMENTS August 19,1997 Page 2 of 2 REVIEW BY OTHERS: Deputy County Counsel, Kevin Norfis reviewed the license agreement on July 17,1997, and the four Amendments (No.2) on June 4,1997. Paula Tobler, Deputy County Counsel reviewed the license agreement on July 24, 1997, and Kathryn Brill, Risk Management reviewed the four Amendments (No.2) in August, 1997. FINANCIAL IMPACT: These service contracts were included as part of Communication's Internal Service Fund 1997-98 budget and produce approximately $231,110 in revenues. There is no impact on local cost. SUPERVISORIAL DISTRICT(S): Fifth PRESENTER: Richard N. Larsen, Acting Director, Information Services Department, 388-5501. AUGUST 19, 1997 ITEM 015 CJ7 ~,Iql .. . .'~", E New Vendor Code Dept. Contract Number M Change SC A X Cancel MHz 96-l65A2 County Department Dept. Orgn. Contractor's License No. Information Services Department ISD MHz County Department Contract Representative Ph. Ext. Amount of Contract Judy Cline (909) 388-5518 $55,368.00 Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number lAM MHz MHz, 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name 800 MHz MobilelPortable - - - - - - - - Radio Maintenance Service - - - - FOR COUNTY USE ONL Y County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County. and Name CITY OF SAN BERNARDINO hereinafter called CONTRACTOR Address Janice Ingles, Director" Management ofInformation Services Phone 300 North 'D' Street, San Bernardino, CA 92418-0001 Birth Date (909) 384-5010 Federal 10 No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and reverse side of form if needed. Set forth service to be rendered, amount to be paid, manner of payment. time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) AMENDMENT NO, A2 Paragraph 2 is hereby amended as follows: "The term of the agreement shall be renewed on the first day of July 1997, and shall continue for a term through June 30, 1998. and may be renewed, after this term, for an indefinite period." Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are incorporated herein in full. Dated By ~ (State if corporation, company, etc.) ~~ / ~ /A'~ I (Authorize SignJture) ....... 7- /cJ~ 9'7 /'ill 'iQ. tZ SIGNED AND CERTIFIED DOCUMENT HAS B OF THE BOARD. Clerk of the Bo Bernardino. THAT Dated Title County of ~an Address Reviewed for Processing Date ~ Agency Administrator/CAO Date ;';',':': '.'& '.... 02-12295-000 Rev. 11/90 (short form! Page 1 of 91-191 . SCHEDULE A 800 MHz MOBILE PORTABLE RADIO MAINTENANCE SERVICE AGREEM~NT #96-165 A-2 Monthly NO.of Monthly Advance Equipment Type Fee Units Cost Annual Fee STX Gemini portable radios $ 6.00 367 $2,202.00 $ 26,424.00 Spectra mobile radios $ 6.00 402 $2,412,00 $ 28,944.00 Total $4,614.00 $ 55.368.00 A. Rates are to be paid at least quarterly, in advance, 8, Additional equipment assessed a prorata charge for the first year, full rate thereafter. C. Rates are subject to periodic adjustment. D, Notification of proposed rate changes shall be made to Customer two months in advance of effective date of such change, One-time Purchase Value Cost: 800M Hz portable radio - $2,517, all inclusive. 6/4/97 '97-191 - . E New Vendor Code M Change X Cancel County Department Information Services Department FOR COUNTY USE Dept. Contract Number County of San Bernardino FAS STANDARD CONTRACT Organization MHZ SC MHz A Dept. Orgn. ISD MHZ Ph. Ext. (909) 387-7380 Obi/Rev Source 9800 96-165Al Contractor's License No. Fund lAM Amount of Contract $52,200 for 96/97 FY Activity GRC/PAOJ/JOB Number FY Estimated Payment Total by Fiscal Year Amount 110 FY Amount liD Commodity Code Project Name 800 MHz Mobile/Portable Radio Maintenance Services A reement THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino. hereinafter called the County, and Name CITY OF SAN BERNARDINO hereinafter called CONTRACTOR Address Janice Ingles, Director - Management of Information Services 300 North 'D' Street, San Bemardino, CA 92418-0001 Phone Birth Date (909) 384-5010 Federal 10 No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and reverse side of form if needed. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or compfetion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any,) AMENDMENT NO. At Paragraph 2 is hereby amended as follows: "The term of this Agreement shall be renewed on the first day of July 1996, and shall continue for a term through June 30, 1997, and may be renewed, after this term, for an indefinite period." Any provisions on the reverse side and referen!=ed attachments hereof constitute a part of this contract and are incorporated herein in full. COU~;, ~F SAN BERNARDI~ . ~ /~~ ~ ...(~-e...<- Chairman, Board of Supervisors 6 1996 Dated AUG (State if corporation, company. etc.) By ~171it11A , Ii ':} J. (Authorized Signature) Dated -411'1;'1(, Title /J1//V /) /Z-. SIGNED AND CERTlFI ,."".,~ A COPY OF THIS DOCUMENT HAS B, ,'OEI.:Iy,eR~")T,~ THE CHAIRMAN OF THE BOARD'ji7' ; ,,' , "', Clerk of the Bo~i+,'superVisors of th:~ounty of San Bernardino. tJ..;,. ,', ',c;. r' "..' By ~1" i.- Address Reviewed for Processing ~ County Counsel ~ f c-<; Date I~ J 5 Cf~ / 02-12295-000 Rev. "'90 (ehon forml Date ~ I e Agency Administrator/CAO Date Page 1 of 97-191 . 800 MHz MOBILE/PORTABLE RADIO. MAINTENANCE SERVICE AGREEMENT City of San Bernardino SCHEDULE A NUMBER ADVANCE EQUIPMENT MONTHLY OF MONTHLY ANNUAL FEE TYPE FEE UNITS COST Stx Gemini Portable Radios $6,00 325 $1,950.00 $23,400.00 Spectra Mobile Radios $6,00 400 $2,400.00 $28,800,00 TOTAL 725 $4,350.00 $52,200.00 A, Fees are to be paid annually. B, Additional equipment will be assessed a prorata fee for the first year. full fee thereafter. C, Fees are subject to periodic adjustment. D, Notification of proposed fee changes shall be made to CUSTOMER two (2) months in advance of effective date of such change, One-time Purchase Cost Value: 800MHz Portable Radio - $2,517 all inclusive, 800-RMS/6-23-92 Revised: 6!l6/95 MP96-001.SBC 12/21/95 97-191 . . 800 MHz MOBILEIPORT ABLE RADIO MAINTENANCE SERVICES AGREEMENT 1 AGREEMENT This is a Maintenance Services Agreement ("Agreement") between the City of San Bernardino (CUSTOMER) and the County of San Bernardino (COUNTY), through the Information Services Department (ISO), for SOOMHz Mobile/Portable Radio (Equipment) Maintenance Services as set forth in this Agreement and on Schedule A. Such services may be provided through ISO-Radio Division, ISO-Communications, or vendors, at ISO's' discretion. 2 TERM The term of this Agreement shaH commence on the first day of the month following its execution and shaH continue for an inilial term through June 30, 1996 and may be renewed, after this term, for an indefinite period. This Agreement may be terminated at any time after the initial term with or without cause by CUSTOMER or by COUNTY upon written notice 'given to the other at least thirty (30) days before the date specified for such termination. 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. 3 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. 4 INVOICING During the term of this Agreement, the CUSTOMER shall pay as minimum payments the amount of the installments shown on Schedule A. The first payment shall be due upon commencement of this Agreement. Failure to pay promptly will result in termination of this Agreement. AIl future annual payments will be due no later than November 1st of each year. Radios added will pay on a prorata basis within thirty (30) days of addition to this schedule. 5 SERVICES TO BE PROVIDED 5.1 COUNTY agrees to provide the following services without additional cost (pre-scheduling is requested): 5.1.1 Maintain sufficient "spare" portable radio rentals for the equipment that is removed from service for maintenance reasons. 5.1.2 Remove, reinstall and maintain radios that have become defective during normal wear and usage. ISO shall determine whether or not defects are normal wear and usage, said determination will be fmal. Repair work will be performed at ISO-Radio Division, ISO-Communications, or other ISO-prescribed location. 5.1.3 Service to be provided during normal County work hours on normal County business days, After hours service will be available on a premium rate basis. 800-RMS/6-23-92 Revised; 6116/95 Page I of 4 Mf'96.001.SBC 1212119S , 97- i91 . . 5.1.4 ISD reserves the right to subcontract' for all 'or part of services from authorized Motorola repair facilities. 5.1.5 ISD assumes no liability for Equipment failure in the field, nor for any adverse consequences caused by such failed Equipment. 5.1.6 ISD 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 Information Services or other designated repair facility. 5.2 COUNTY will provide the following additional services on a time and material basis: 5.2.1 Service required due to CUSTOMER abuse or abnormal wear. 5.2.2 Service to correct attempts by CUSTOMER or unauthorized third parties to repair or modify Equipment. 5.2.3 Vehicle electrical problems. 5.2.4 Services not covered in Section 5.I,to the extent feasible/cost-effective as determined by Information Services. 5.2.5 Program or re-program radios at CUSTOMER's request or in response to abnormal wear and usage. County-originated systems reconfignrations excepted. 6 PORTABLE RENTAL EQUIPMENT 6.1 The portable rental equipment is and shall remain the exclusive property of the COUNTY. 6.2 The CUSTOMER agrees to promptly execute those documents the COUNTY deems reasonably necessary to protect the COUNTY. 6.3 COUNTY will conspicuously mark this portable rental equipment to identify its security interest, and the CUSTOMER shall place no conflicting mark or permit the COUNTY mark to be removed. 6.4 From the date that the portable rental equipment is delivered to CUSTOMER , the CUSTOMER shall have all the risk of loss or damage to the rental equipment regardless of the cause, inclucing but not limited to loss or damage arising from the CUSTOMER's fault, negligence, or from theft or disappearance of the rental equipment. The value of the equipment is that amount specified by the COUNTY as a "one-time purchase cost" on Schedule A. 6.5 Upon expiration/termination of this Agreement, or upon demand by COUNTY pursuant to Paragraph 9 of this Agreement, the CUSTOMER shall return to COUNTY, at the CUSTOMER's expense, any COUNTY equipment in the same condition as when delivered to the CUSTOMER (reasonable wear and tear excepted). 7 CUSTOMER RESPONSmILITIES 7.1 CUSTOMER shall own its own Equipment. 7.2 CUSTOMER shall provide ISD with model and serial numbers of all mobile/portable radios to be covered under this Agreement. 7.3 CUSTOMER shall designate an individual as the single point of contact for maintenance coordination. 7.4 CUSTOMER shall coordinate and schedule service requirements with ISD in advance whenever possible, CUSTOMER may be required to deliver equipment to designated locations. 7.5 CUSTOMER shall advise lSD-Radio Division of all radio relocations or reassignments, within their fleet, within 24 hours of relocation or reassignment. ,IJXI..RMS/6-23-92 \ Revised: 6116195 Page 2 of 4 MP96-001.SBC 12121/95 97-'-191 . . 8 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. 9 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 amount of unpaid monthly Agreement payments, plus all other amounts due hereunder, less any unearned charges. COUNTY may also exercise all rights and remedies of a secured 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. 10 GOVERNMENT AGENCY FUNDING The CUSTOMER states that it is its intent to make all installment payments required to be made under this Agreement. However.in the event, through no action initiated by the CUSTOMER, its legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year, after the first fiscal year, and it has no funds to continue thls Agreement from other sources, then CUSTOMER may terminate this Agreement under the terms of this paragraph 10. To effect the termination of this Agreement, the CUSTOMER shall, within thirty (30) days after the beginning of the fiscal year for which its legislative body does not appropriate funds, send COUNTY written notice stating that its legislative body failed to appropriate funds. Such notice shall be accompanied by the payment of all sums then owed COUNTY under this Agreement and the CUSTOMER shall return to COUNTY, at the CUSTOMER's expense, any rental equipment in good condition (reasonable wear and tear excepted) to a location designated by COUNTY. In the event the CUSTOMER must return any rental equipment pursuant to the terms of this paragraph, COUNTY shall retain all sums paid under this Agreement by the CUSTOMER. II GENERAL TERMS AND CONDITIONS 11.1 Indemnification - CUSTOMER agrees to indemnify, defend and hold harmless the COUNTY and its authorized agents, officers. volunteers and employees against any and all claims or actions arising from CUSTOMER's acts, errors or omissions and for any costs or expenses incurred by the COUNTY on account of any claim therefor. 11,2 Permits - CUSTOMER is responsible for obtaining and paying the costs of any permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate. 11.3 Exercise of COUNTY's Rights and Authoritv - The Director for Information Services Depanment. or his designee, shall have the authority to exercise COUNTY's rights under this Agreement. 11.4 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. 11.5 Validitv - The invalidity in whole or in pan of any provision of this Agreement shall not void or affect the validity of any other provision. 11.6 Caotions and Paragraoh Headings - Captions and paragraph headings used herein are for convenience only and are not a pan of this Agreement and shall not be used in construing it. 11.7 All Attachment(s) and Schedule(s) hereto, if any, are an integral pan of this Agreement and are incorporated herein by reference. II. 8 Entire Agreement - This Agreement shall be governed by the laws of the State of California and constitutes the entire agreement between the panies and supersedes all prior negotiations, discussions and preliminary llOO-RMSf6-23-9f Revised: 6116l~ Page 3 of 4 MP96-00I.SBC 12n119S 97-191 . . understanding. This Agreement may be amended as COUNTY and the CUSTOMER mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the COUNTY and CUSTOMER. 11.9 Notifications- AIl notices or demands required or pennitted to be given or made hereunder shall be in writing and shall be deemed duly given: II. 9.1 Upon actual delivery, if delivery is by hand; or II. 9.2, Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile; or 11.9.3 Three (3) 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: To CUSTOMER: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 To COUNTY: County of San Bernardino Information Services Department First Floor 670 East Gilbert Street San Bernardino, California 92415-0915 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below their respective signatures. COUNTY OF SAN BERNARDINO Sign Name ~~~~~J.N.~ Chairman, Board of Supervisors CUSTOMER ~~~ Sign Name I/~'h--\., MARSHA TUROCI Print Name '101'<j,N/ INOIZ Title ,Nlft V. 0 rz Date }. - '7 - q 0, Print Name Date MAR 0 5 1996 96-165 Approved as to form and legal content: James F. Penman, City Attorney By: fk--~ J ~ {/ By Im-RMS/6-2J..92 Revised:611619S Page 4 of 4\ Mf'96.001.SBC 12I2119S '. ,97-191 . . 800 MHz MOBILEIPORTABLE RADIO MAINTENANCE SERVICE AGREEMENT City of San Bernardino SCHEDULE A I I I NUMBER I I ADVANCE I EQUIPMENT MONTHLY OF MONTHLY ANNUAL TYPE FEE UNlTS COST FEE SIX Gemini Portable Radios $6.00 316 $1,896.00 $22,752.00 Spectra Mobile Radios $6.00 389 $2,334.00 $28,008.00 TOTAL 705 $4,230.00 II .......,:...::.... ...$50;760;00'" . . . . . . . . . . . . - . . . . .-......,..... A. Fees are to be paid annually. B. Additional equipment will be assessed a prorata fee for the first year, full fee thereafter. C. Fees are subject to periodic adjustment. D. Notification of proposed fee changes shall be made to CUSTOMER two (2) months in advance of effective date of such change. One-time Purchase Cost Value: 800M Hz Portable Radio - $2,517 all inclusive. 800-RMS/6--23-92 Revised: 6116r'9S .\ MP96-00I.SBC 12121195 97-191 . . ADDENDUM TO CONTRACT Amend 11.1 Indemnification as follows by inserting: 11.1 COUNTY agrees to indemnify and hold harmless the CITY and their 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 satisfying the insurance and workers' compensation requirements under the contract. ~A~/iA,n) '?>~ < /r.Y1) Risk Manager city of San Bernardino -.:);"/7./9& Date (2m ~~ ~ager County of San Bernardino d/>>/1b Date .., . 0 ~.., ::r ~~ - . z~ Cf> ~i!5 -~ ~.. ::0: ~.. Q= "'" -.... z_ oo ....z 3.. 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