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HomeMy WebLinkAbout1997-194 ". 1 2 3 4 5 6 7 8 9 97-194 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT IN THE AMOUNT OF $34,112.00 TO THE COUNTY OF SAN BERNARDINO FOR LEASE OF 7 FULL HEIGHT RACKS AND 17 CIRCUITS FOR THE FISCAL YEAR 97/98. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Finance Director is hereby authorized and directed to issue a contract in the amount of $34,112.00 to the County of San Bernardino for lease of 7 full height racks and 17 circuits for the fiscal year 97/98. 10 11 Such award shall only be effective upon the issuance of a contract by the Finance Director. 12 13 14 15 16 17 SECTION 2. The authorization to execute the above referenced contract is rescinded if it is not issued within sixty (60) days of the passage of this resolution.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 fully adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 18 19 7th day of July , 1997, by the following vote, to wit: 1111 20 1111 21 1111 22 1111 23 1111 24 1111 25 1111 26 1111 27 28 1 97-194 . -,-~-- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT IN THE AMOUNT OF $34,112.00 TO THE COUNTY OF SAN BERNARDINO 2 FOR LEASE OF 7 FULL HEIGHT RACKS AND 17 CIRCUITS FOR THE FISCAL YEAR 97/98. 3 4 COUNCIL MEMBERS 5 NEGRETE ABSENT AYES NAYS ABSTAIN x 6 CURLIN 7 ARIAS 8 OBERHELMAN x x x 9 DEVLIN 10 11 12 13 14 x x ANDERSON x MILLER /) J. ' (;1 tCC- uC Ci t\ Clerk CCil..llc 15 The foregoing resolution is hereby approved this /1Jd. day of 16 17 18 19 July , 1997. --r ~--~ ' r:>>rl ~~ Tom Minor, Mayor City of San Bernardino Approved as to form 20 and legal content: 21 JAMES F. PENMAN City Attorney 22 /\ ~<> 1 /. /. / U' ve-../vY"-4..... 23 By: 24 25 26 27 28 2 .. 97-1 4 REPORT/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 DEPARTMENT 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 arnount of $34,112. AGREEMENT NO. 97-701 2) Approve Amendrnent 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: Agreernent 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 variety 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 for the City of San Bernafdino's 800 MHz radio system under four agreements were approved by the Board of Supervisors on August 6, 1996. Amendment NO.2 to each agfeement extends the term from July 1, 1997 through June 30, 1998 and revises the annual cost for said services. cc: ISD--Annette Ross w/agree. City of San Bernardino w/agree. c/o ISD Auditor w/agreement Contract Compliance w/agree. MOTION 800 MHz System Operations Risk Management GSG File w/agreement Record of Action of the Board of Supervisors mil AYE 5 ITEM D15 ,... 97-194 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 Norris 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 . q1 ' I q ~ ~ _<"'!!'n~_ '9-'~'--- \";':'" - E x New Vendor Code Dept. Contract Number M Change SC A 't l-1tJ/ X Cancel MC County Department Dept. Orgn. Contractor's license No. Information Services Oeoartment ISO NMC County Department Contract Representative Ph. Ex!. Amount of Contract Annette Ross 388-5515 $34,112 Fund ~~DePt. I r Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number lAM MC NMC 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount liD FY Amount liD Project Name - - Rack Space/Circuits - - - - - - - - - - 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 Bemardino Address hereinafter called LICENSEE 300 North "0" Street San Bemardino, CA 92418-0001 Phone (909) 384-5010 Birth Date Federal ID No. or Social Security No. IT IS HEREBY AGREED AS FOllOWS: (Use 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 satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any,) WHEREAS, LICENSEE desires tD use a portion of existing CDunty of San Bemardino (COUNTY) microwave circuit(s) (Cifcuits) and/or communication site(s) (Site), designated on Schedule A, fDr LICENSEE's communication system equipment; and WHEREAS, COUNTY is willing to permit said use Df the County Circuits/Sites subject to certain conditions; and, WHEREAS, portions of the Site are currently excess to the COUNTY's needs. NOW, THEREFORE, in consideration of the execution of this Agreement, the parties mutually agree to the fDllowing conditions. 1 DEFINITIONS 1.1 "License' means this License Agreement and any relevant Documents, including any Schedules and/Dr Attachments, all Df which are made a part of this License. 1.2 'Site' fefers individually Dr collectively to the physical property and all the structures thereDn, including, therein, County designated rack space, each rack space defined as space for one (1) EIA Standard 19' wide by 2' deep by 7' tall rack or one-half (1/2) EIA Standard 19' wide by 2' deep by 3 1/2' tall rack and the use Df cable runs and County designated tDwer space fDr the placement of the antenna(s) as may be singularly Of cDllectively approved by COUNTY. 1,3 'Improvements' (when applicable) refers individually or collectively to the LICENSEE's communication system and related equipment, cabling and antenna(s) as may be approved by the Information Services Department (ISD)- Communications Division. 1.4 'Circuits' (when applicable) refers individually Of collectively to the COUNTY micfowave circuit(s) licensed herein fOf use. by LICENSEE. Each Circuit is a single 56KB digital channel path for digital routes Of a single 9.6KB analog channel for analog routes. 02.12311-000 Rev. 11/91 Page 1 6 of 97-194 2 LICENSE TO USE COUNTY hereby gives pennission, revocable and tenninable as hereinafter provided, to LICENSEE to enter the Site for the purpose of installing and maintaining Improvements. LICENSEE shall not be pennitted to use the Site for any othef purpose, except by prior written pennission of COUNTY. 3 LICENSEE IMPROVEMENTS 3.1 Acknowledament of ResDonsibililv LICENSEE acknowledges that the Site is essential to COUNTY's fulfilling its mission of public safety and well-being, as well as general govemment. In light of this, LICENSEE warrants that it will exercise all professional and ethical diligence in safeguarding and restricting access to the Site and protecting COUNTY property, of all kinds, at said Site. LICENSEE warrants that it will not disturb or tampef with any COUNTY equipment, to include, but not limited to, electronic, electrical, LPG, buildings, towers, grounding systems, antennas, feed lines, etc., at any Site. Exercising all diligence, LICENSEE warrants that it will do its utmost to insure the ability of the COUNTY to fulfill its mission at/through the Site. LICENSEE shall be liable for all claims, demands, actions, and causes of action founded upon the negligence Of otherwise wrongful conduct on the part of any employee of LICENSEE attributable to LICENSEE's installation/maintenance Of operation of LICENSEE's Improvements, on the Site. Furthef, LICENSEE shall release, remise, and fOfever discharge COUNTY of and from any and all claims, demands, actions, and causes of action, not based upon the intentional acts or negligence of COUNTY, that LICENSEE may acquire by reason of LICENSEE's, installation/maintenance or operation of LICENSEE's Improvements on the Site. 3.2 Reauirements. Limitations. and Installation Conditions - This License is subject to the limitations, requirements and installation conditions as set forth below: 3.2.1 Installation: LICENSEE will observe standard safety practices when climbing towers and when installing Improvements. LICENSEE agfees to install, maintain, and operate its Improvements in accordance with the highest standard pfevailing in the communications industry. Installation practices and materials are subject to approval of the ISO-Communications Division and the Radio Division. 3.2.2 Access: Access to rack space is on an escorted basis using COUNTY ISO personnel at the appropriate ISO standard time and material billing rates on a portal-to-portal basis. LICENSEE must request site access three (3) working days prior to desired access date. After hours and emefgency access requests will be billed at the standard overtime rate. 3.2.3 Equipment Changes: Changes and modifications to Improvements, that may alter perfonnance, are to be coordinated between LICENSEE and the ISO-Communications Division. 3.2.4 Power: COUNTY will install electrical powef as needed above each rack. The cost fOf labor and materials to perfonn this work will be the responsibility of the LICENSEE, payable upon invoice. 3.3 Additional Controllina Documents - Site may be subject to Leases, Licenses, and/or Right-of-Way Grants/T emporary Use Pennits secured by the COUNTY from othef govemmental or private agencies. LICENSEE agrees to be bound by the conditions/covenants of these and is responsible for any related costs that may be incurred directly or indirectly on behalf of LICENSEE's use of the Site. LICENSEE will be fumished with copies of any felevant Documents that may have an impact upon the Site. sl-sbcity Page 2 of6 ,97-194 3.4 Maintenance" The costs of any maintenance and operation of the Improvements shall be at the sole expense of LICENSEE. 3.5 Interference" Improvements shall be located so as not to interfere, physically Of electronically, with any of the COUNTY's operations. In the event the COUNTY determines Of is notified that the opefation of the LICENSEE's Improvements caused or is causing interfefence to transmission and/of recepU~n of any other communications systems in use in the vicinity of the Site, ISO shall notify LICENSEE to correct the problem and COUNTY reserves the right to immediately remove LICENSEE's equipment from service. If such interference is not eliminated within a twenty-fouf (24) hour period, COUNTY will immediately terminate this License and take whatever immediate steps are necessary to eliminate said interference, including powering off LICENSEE's equipment without furthef notification. 4 COUNTY CIRCUITS 4.1 Circuit Control" COUNTY reserves the right to manage and control COUNTY's Circuits from time-to-time for the COUNTY's Public Service Requirements. COUNTY will endeavor to give LICENSEE sufficient notice of control but cannot be held responsible for interruption to LICENSEE's usage. 4.2 Maintenance - COUNTY will exercise all reasonable care to insure the availability and quality of its circuits licenses to LICENSEE. However, the License neither carries not implies any warranty relative to the availability or performance of COUNTY Circuits licensed to LICENSEE. LICENSEE has no legal or other recourse in the event of failed or unsatisfactory COUNTY Circuit availability Of performance. 5 GENERAL 5.1 Term - This License is valid until June 30, 1998, except as otherwise noted. COUNTY or LICENSEE may terminate this Agreement by giving ninety (90) days written notice to the other party of this termination, except COUNTY may terminate immediately in accordance with Paragraph 3.5. 5.2 Indemnification - Reference Addendum LICENSEE agfees to indemnify, defend and hold harmless the COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. LICENSEE shall be liable fOf all claims, demands, actions, and causes of action founded upon the negligence or otherwise wrongful conduct on the part of any employee of LICENSEE attributable to LICENSEE's installation/maintenance or operation of LICENSEE's Improvements on the Site. Further, LICENSEE shall release, remise, and forever discharge COUNTY of and from any and all claims, demands, actions, and causes of action, not based upon the intentional acts or negligence of COUNTY, that LICENSEE may acquire by reason of LICENSEE's installation/maintenance Of operation of LICENSEE's Improvements on the Site. 5.3 Insurance 5.3.1 Without in anyway affecting the indemnity herein provided and in addition thereto, the LICENSEE shall secure and maintain throughout the contract the following types of insurance with limits as shown: sl-sbcity Page 3 of 6 , 97-194 a. Wor1<ers' Comoensation - A program of Wor1<ers' Compensation Insufance or a state-approved Self-Insufance Program in an amount and form to meet all applicable fequifements of the Labof Code of the Sate of Califomia, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the LICENSEE and all risks to such persons under this Agreement. b. Comorehensive General and Automobile Liability Insurance - This covefage to include contractual coverage and automobile Iiabili~ coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). c. Errors and Omissions Liability Insurance (if aoolicable) - Combined single limits of $1,000,000 fOf bodily injury and property damage and $3,000,000 in the aggfegate or Professional Liability (if aoolicable) - Professional liability insurance with limits of at least $1,000,000 per claim Of occurrence. 5.3.2 Additional Named Insured - All policies, except for the Wor1<ers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the COUNTY and its officers, employees, agents, and volunteers, as additional named insured with respect to liabilities arising out of the performance of services hefeunder. For Professional Liability coverage the COUNTY shall be named as a designated person referencing the Contract No. on the policy. 5.3.3 Waivef of Subroaation Riahts - LICENSEE shall require the carriers of the above required coverages to waive all rights of subfogation against the COUNTY, its officers, volunteers, employees, contractors and subcontractors. 5.3.4 Policies Primary and Non-Contributorv - All pOlicies requifed above are to be primary and non-contributory with any insurance or self-insurance pfograms carried or administered by the COUNTY. 5.3.5 Proof of Coveraae - LICENSEE shall immediately fumish certificates of insurance to ISO evidencing the insurance coverage, including the endorsements, above prior required prior to commencement of performance and services hereunder, which certificates shall provide that such insurance shall not be terminated Of expire without thirty (30) days written notice to ISO, and the LICENSEE shall maintain such insurance from the time LICENSEE commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this License the LICENSEE shall fumish certified copies of the policies and all endorsements. 5.3.6 Insurance Review - The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Managef determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interest of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available type of insurance, the Risk Manager is authorized, but not required, to, change the above insurance requirements to require additional types of insufance coverage Of higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation or any other item reasonable related to the COUNTY's risk. Any such reduction Of waivef for the entire term of the Agreement and any change fequiring additional types of insurance coverage or highef coverage limits must be made by amendment to this Agfeement. LICENSEE agrees to execute any such amendment within thirty (30) days of receipt. 5,4 Permits - LICENSEE is responsible for obtaining and paying the costs of all permits, other licenses or approvals by any other regulatory bodies having jurisdiction over the uses authorized herein. sl-sbcity Page 4 of 6 97-194 5.5 License Fee - LICENSEE agrees to pay COUNTY, at the addfess specified in Paragraph 5.15, the fees as set forth on Schedule A of this License. Payment for services is due within 60 days of invoicing. Payments not received' within 60 days of invoicing may be withheld by COUNTY from the LICENSEE'S Property Tax Apportionment. 5.6 ComDliance - Should LICENSEE fail or neglect: 5.6.1 To comply with any term or condition of this License, or 5.6.2 To comply with any reasonable requirement of COUNTY after thirty (30) days written notice and demand, Of 5.6.3 To comply with any Master Lease, Agreement, or Permit that the COUNTY is subject to, this License shall be subject to immediate termination. a. In the event of such termination, if this License involves COUNTY Circuits, COUNTY may immediately disconnect such circuits, either electronically or physically. b. In the event of such termination, LICENSEE shall, if appropriate, immediately remove any and all of LICENSEE's Improvements from the Sites and surrender all rights and privileges under this License. If LICENSEE fails to promptly restore the Site to its former condition, the COUNTY may restofe the Site at LICENSEE's sole expense, if appropriate. 5.7 Fiscal Year ADDroDriations - After June 30th, of the current fiscal year, this License may be terminated subject to the availability of funding if LICENSEE is a government agency. LICENSEE shall provide COUNTY written notification at least ninety (90) days prior to termination effective date under these conditions. 5.8 Exercise of COUNTY's Riahts and Authoritv - The Director for the COUNTY's Information Services Department, acting on behalf of the COUNTY, is authorized to discharge all functions ascribed to COUNTY in this Agreement, except those specifically reserved by law to the Board of Supervisors. 5.9 Changes & Right to Prioritize - COUNTY reserves the right to make Rack and Tower Space changes, and to prioritize or restrict usage as necessary to optimize overall service effectiveness to the COUNTY and its users. 5.10 Assianments. Subleases. and Transfers - No assignment, sublease, Of other transfer of this license, whether voluntary or involuntary, shall be binding upon the COUNTY unless previously approved by the COUNTY in writing. , 5.11 Waiver - No waiver of a breach of any provision of this License shall constitute a waiver of any othef breach, or of such provision. Failure of COUNTY to enforce at any time, or from time to time, any provision of this License 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. 5.12 Validity - The invalidity in whole or in part of any provision of this License shall not void or affect the validity of any other provision. 5.13 CaDtions and ParaaraDh Headinas - Captions and paragraph headings used hefein are for convenience only and afe not a part of this License and shall not be used in construing it. 5.14 Entire Aareement - This License 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 License may be amended as COUNTY and the LICENSEE mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the COUNTY and LICENSEE. sl-sbcity Page 5 of 6 97-'-194 . 5.15 Notifications - All notices or demands required Of permitted to be given or made hereunder shall be in writing and shall be deemed duly given: 5.15.1 Upon actual delivery, if delivery is by hand; or 5.15.2 Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile; or 5.15.3 Three (3) days following delivery into the United States mail if delivery is by postage-paid registered or certified, retum receipt requested by mail. Each such notice is to be sent to the respective party at the address indicated below Of to any other address Of' person that the respective party may designate by written notice delivered pursuant hereto: To LICENSEE: City of San Bemardino 300 North '0' Street San Bemardino, CA 92418-0001 To COUNTY: County of San Bemardino Information Services Department 670 East Gilbert SI., First Floor San Bemardino, Califomia 92415-0915 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below there respective signatures. ~ Chair 02= (State if corporation, company. etc.) --C~ By'" /~ / (AL horized Signature) SIGNED AND DOCUMENT HAS OF THE BOARD Dated ... 7 - /()- 97 fl1AVfJK Address 3()() N. t)'~ 5frv.+ .Sxfl &rmrdotlJ 1 rA q(j/-tlj , Title e County of San By Reviewed as to Affirmative Action Reviewed for Processing ~ County Co sel Date 7-/747" ~ ~ Agency Administrator/CAD Date Date 02.12311.000 Rell. 11/91 Page 6 of 6 ~ 97-194 ADDENDUM TO CONTRACT Amend 5.2 Indemnification as follows by inserting: 5.2 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. 97-194 CITY OF SAN BERNARDINO SCHEDULE A LICENSE FEES Page 1 of 1 1, The Rack Space Rental Fee is $3,840 per year per rack or $1.920 per year per 1/2 rack. except as may be adjusted 2. Circuit Fees are based upon the mileage distance zone from point of origination to termination, or drop. of service, 3. Fees are to be paid semi-annually and in arrears on or before December 1 st and on or before April 1 st within each fiscal year (July 1 st through June 30th). except in the first year. which shall be prorated for months remaining in the year and be paid within thirty (30) days of the execution of this License. 4. Fees are subject to periodic adjustment. 5. Notification of any proposed fee change shall be made to LICENSEE two (2) months in advance of effective date of such change, RACK SPACE: Estimated San Bemardino County No. of Total Communications Site Racks Annual Fee lillie Mountain 7 26,B80 0 Q Rack Space Fee Subtotal $26,880 COUNTY CIRCUITS: Monthly Estimated San Bemardino County No. of per Circuit Total Communications Site Circuits Fee Annual Fee From To Rialto lillie Mountain 17 33 $6.732 Circuit Fee Subtotal $6,732 Subtotal Charges Rack Space Subtotal from above 26.880 Circuit Fee subtotal from above 6,732 Contract Development Charge" 500 FISCAL YEAR TOTAL $34,112 COST CALCULATIONS EFFECTIVE DATE OF REVISED SCHEDULE: JULY 1,1996 This revised Schedule A is a consolidation of rack space and circuit fees for contracts SL94-266-SBCITY and SL93-064-SBCITY. "Licensee shall pay San Bernafdino County a contract development charge of $500 upon receipt of the first invoice under this contract. SI94266r 6/11/97 3:30 PM