HomeMy WebLinkAbout1996-011
L
1
2
96-11
RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE
ORDER IN THE AMOUNT OF $50,760.00 TO THE COUNTY OF SAN BERNARDINO
4 FOR THE MAINTENANCE OF 316 STX GEMINI PORTABLE RADIOS AND 389
SPECTRA MOBILE RADIOS, FOR THE 95/96 FISCAL YEAR.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 1.
The Finance Director is hereby authorized and
directed to issue a purchase order in the amount of $50,760,00 to
the County of San Bernardino for the maintenance of 316 STX Gemini
portable radios and 389 Spectra mobile radios, for the 95/96 fiscal
year.
SECTION 2, The Mayor is hereby authorized to represent the
city in signing the attached service agreement.
SECTION 3, The authorization to execute the above referenced
purchase order is rescinded if it is not issued within sixty (60)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
adjourned
Bernardino at a regular meeting thereof, held on the 22nd dy cf
199 6
January
, by the following vote, to wit:
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
1
96""11
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER
IN THE AMOUNT OF $50,760.00 TO THE COUNTY OF SAN BERNARDINO FOR THE
2 MAINTENANCE OF 316 STX GEMINI PORTABLE RADIOS AND 389 SPECTRA
MOBILE RADIOS, FOR THE 95/96 FISCAL YEAR.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
/:J
i '" (!,' /('
: " '..,:; , .. /.-:)
...-LI: ,~(.,/uL .L~.,>, '-
, City Clerk
d3 IV!
The foregoing resolution is hereby approved this
<!vcf
January
199 6
,
. ~\
------- ,/
.- / (':7?1-"'\ ~ 441'<fV1
, Tom Minor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City At orney
~> ? A~~
By:
25
26
27
28
2
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY. CALIFORNIA
,
96-11
ISO;
Inc. Cities-SB;
Comm.-800 MHz System;
Agreements as listed
March 5, 1996
FROM:
DIANAH NEFF, Director .
Information Services Department
SUBJECT:
800 MHZ MAINTENANCE SERVICE AGREEMENTS WITH THE
CITY OF SAN BERNARDINO
RECOMMENDATION: Approve the following 800 MHz Maintenance Service Agreement renewals
with the City of San Bernardino for FY 1995/96 in the amounts indicated:
A~eement
Amount
AGREEMENT NO.
800 Mhz MobilelPortable Radio Equipment
800 Mhz Mobile Digital Terminals
800 Mhz Radio Dispatch Equipment
800 Mhz Backbone Radio Equipment
$50,760
$51,300
$60,450
$46,080
96-165
96-166
96-167
96-168
BACKGROUND: In November, 1994, the Information Services Department-Radio Division
initiated ongoing maintenance and operation of the City's 800 Mhz Radio System under contract
arrangements, The City of San Bernardino wishes to continue contracting with the County for these
maintenance services for their mobile/portable radios, mobile digital terminals, radio dispatch
equipment and backbone radio equipment requiring new contracts for FY 1995/96 (the San
Bernardino City Council requires new contracts for each fiscal year). Administrative scheduling
delays prevented the processing of these renewals in 1995.
REASON FOR RECOMMENDATION: County Policy II-IOSP requires Board of Supervisors'
approval of all contracts unless otherwise directed by the Board or provided by law.
REVIEW BY OTHERS: The agreements have been reviewed by Deputy County Counsel Alan
Green on February 12, 1996 and Pamela Thompson, Risk Management, on February 22, 1996.
FINANCIAL DATA: Revenues associated with these services were included in the FY 1995-96
fmal budget approved for the Radio Division (lAM-MHZ).
PRESENTER: Dianah Neff, Director, Information Services Dept., Telephone Number 387-7278.
(
cc: ISO-Annette Ross w/2 agrees.
City of San Bernardino
w/agreement c/o ISO
Auditor w/agreement
Contract Compliance w/agree.
Communications
800 MHz System Operations
Risk Management
GSG
File w/agreement
14-9507-000
Rev. 10/81
mll
Action of the Board of Supervisors
ABSENT
5
BY
5
96,-11
.
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
Birth Date
FOR COUNTY USE ONL Y
E New Vendor Code Dept. Contract Number
M Change SC A 96-165
X Cancel MHZ
County Department Dept. Orgn. Contractor's License No.
Information Services Department ISD MHZ
County Department Contract Representative Ph. Ext. Amount of Contract
Dianah Neff, Director (909) 387-7278 $50,760 for 95/96 FY
Fund T Dept. I Organizatio.l"l 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 - - - -
Services Aereement - - - -
CITY OF SAN BERNARDINO
Federal 10 No, or Social Security No,
Janice Ingles, Director - Management ofInfonnation Services
Contractor's Representative
300 North 'D' Street, San Bernardino, CA 92418-0001
Phone
(909) 384-5010
Address
Nature of Contract: (Briefly describe the general terms of the contract)
Provide the City of San Bernardino with maintenance services on 800 MHz Backbone MobilelPortable Radio Equipment.
(Attach this transmittal to af( contracts not prepared on the "Standard Contract" form.)
..
County Cou
Date J/ I ,;L/9 ?
02-12294-000 Rell, 11/90
Reviewed as to Affirmative Action
Reviewed for Processing
..
Not A. 'r
pP IC:abtc
..
Agency Administrator/CAD
Date
Date
.
96-11
800 MHz MOBILEIPORTABLE 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 (ISD). for SOOMHz
Mobile/Portable Radio (Equipment) Maintenance Services as set forth in this Agreement and on Schedule A. Such
services may be provided through lSD-Radio Division. ISO-Communications, or vendors, at lSD's' discretion.
2 TERM
The term of this Agreement shall commence on the first day of the month following its execution and shall continue for
an initial 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, All 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, ISD
shall determine whether or not defects are normal wear and usage, said determination will be final,
Repair work will be performed at lSD-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: 6116195
,
\
Page I of 4
MP96-00I.SBC
12121/95
96-11
5.1.4 ISO reserves the right to suhcontract 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 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 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 EOUIPMENT
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, includng 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 RESPONSffiILITIES
7,1 CUSTOMER shall own its own Equipment,
7,2 CUSTOMER shall provide ISO 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.
llXl-RMS/6-23-92
Revised: 6116195
Page 2 of 4
,
\
Mf'96.001.SBC
12121/95
96-11
,
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 pany 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 this
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 afler 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.
11 GENERAL TERMS AND CONDITIONS
11,1 Indemnification - CUSTOMER agrees to indemnify, defend and hold hannIess 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 Department, 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 berein reserved shall be cumulative
and additional to any other remedies in law or equity,
11.5 Validitv - The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision,
11,6 CaPtions 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,
11,7 All Attachment(s) and Schedule(s) hereto, if any, are an integral part of this Agreement and are incorporated
herein by reference,
11,8 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
800-RMSJ6-23-92
Revised: 611619S
Page 3 of 4
MP96-001.SBC \
12I21/9S "
. 96-11
",
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-
All notices or demands required or pennitted to be given or made hereunder shall be in writing and shall be
deemed duly given;
11. 9 ,1 Upon actual delivery, if delivery is by hand; or
11.9,2. Upon receipt by the transmitting parry 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 parry at the address indicated below or to any other address or
person that the respective parry may designate by written notice delivered pursuant hereto:
To CUSTOMER: City of San Bernardino
300 North 'D" 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
Print Name
MARSHA TUROCI
CUSTOMER
~.///
Sign Name J~4~~\
I
Print Name TOM. /VI {/'IMZ
Title /VIINEJfZ
Date J, -7.. q b
Sign Name
~J.-....... ~~" ~_ < _
Chairman, Board of Supervisors
Date MAR 05 1996
96-165
Approved as to form
and legal content:
f.!GNFn AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIR,
MMJ OF THE
James F. Penman,
City Attorney
By: fJa~ 1 ~
(/
By
800-RMS/6-23-92
Revised: 611619S
Page 4 of 4
MP96-00I.SBC
11121195
96-11
" .
800 MHz MOBILEIPORT ABLE 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 UNITS cosr 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
............:....
$5(),76<i;~;
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: 6116/95
MP96-00I.SBC
12I21m
96-11
ADDENDOH 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.A/I 4 n ) \;>- / (('Y7 )
Risk Manager
City of San Bernardino
~?,/~/9~_
Date
/~ .
(,/....~
Risk M nager
County of San Bernardino
d/>>!fb
Date
"" . C)
~... ::r
..~
- .
z= d'l
=2!i
-=
~"" ::E:
><
i5~ ....,
-~
z_ oo
~z
3-c I
~-
..... =
z~ .......
""- .....
z_
"'z
~- \0
-=
...... 0\