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Home My WebLink About1996-012 1 2 3 4 5 RESOLUTION NO. 96-12 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $51,300.00 TO THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE CITY'S FLEET OF 171 MOBILE DATA TERMINALS FOR FISCAL YEAR 95/96. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS. 7 SECTION 1. The Finance Director is hereby authorized and 8 directed to issue a purchase order in the amount of $51,300.00 9 for mobile data terminal maintenance to the County of San 10 Bernardino; such award shall only be effective upon the issue of 11 a Purchase Order by the Finance Director, 12 SECTION 2. The Mayor is hereby authorized to represent the 13 City in signing the attached service agreement. 14 SECTION 3. The authorization to execute the above 15 referenced purchase order is rescinded if it is not issued 16 17 18 19 20 21 22 23 24 within sixty (60) days of the passage of this resolution.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 199 6 , by the fOllowing vote to wit: 25 of January / / / / / / / / / / / / / / / / / / 26 27 28 1 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 96-12 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $51,300.00 TO THE COUNTY OF SAN 2 BERNARDINO FOR MOBILE DATA TERMINAL MAINTENANCE FOR FISCAL YEAR 95/96. Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x Gt-*;, c~;:~r '-Ie The foregoing resolution is hereby approved this Jt31'",{ day of January , 199 6 ----- Z .--" .- \ . /em/}..;:.. ';'L~ Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, city A torney I?~-- 2 ---.J 96-12 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA ISD; 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: Ail"eernent Amount AGREEMENT NO. 800 Mhz MobilelPortable Radio Equipment 800 Mhz Mobile Digital Tenninals 800 Mhz Radio Dispatch Eql"pment 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 tenninals, radio dispatch equipment and backbone radio equipment requiring new contracts for FY 1995196 (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 ll-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 final budget approved for the Radio Division (lAM-MHZ). PRESENTER: Dianah Neff, Director, Information Services Dept., Telephone Number 387-7278. ( cc: lSD-Annette Ross w/2 agrees. City of San Bernardino w/agreement c/o ISD Auditor w/agreement Contract Compliance w/agree. Communications 800 MHz System Operations Risk Management GSG File w/agreement Action of the Board of Supervisors 1....9507.000 Rev. 10/81 mll ABSENT 5 BY 5 96-12 E New Vendor Code Dept. Contract Number M Change SC A 96-166 X Cancel MHZ County Department Dept. Orgn. Contractor's License No. Information Services Department ISD MHZ County Department Contract Representative Ph. Ex!. Amount of Contract Dianah Neff, Director (909) 387-7278 $51,300 for 95/96 FY Fund I Dept.: I Organization r Appr. J Obj/Rev Source Activity J 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 Mobile Digital - - - - Terminal Mamtenaoce - - - - Service Agreement - - - - FOR COUNTY USE ONL Y ," ~ County of San Bernardino FAS CONTRACT TRANSMITTAL CONTRACTOR CITY OF SAN BERNARDINO Birth Date Federal 10 No, or Social Security No, Contractor's Representative 300 North 'D' Street, San Bernardino, CA 92418-0001 Janice Ingles, Director - Management of Information Services Address Phone (909) 384-5010 Nature of Contract: (Briefly describe the general terms of the contract) Provide the City of San Bernardino with maintenance services on their 800 MHz Mobile Digital Terminals (MDT's) in use on thc COUNTY's 800 MHz RF Data System Backbone, (Attach this transmittal to al/ contracts not prepared on the "Standard Contract" form.) Reviewed as to Affirmative Action ~ Not APPHcaJJ-tc Reviewed for Processing Date ~ Agency Administrator/CAD Date 96-12 .. 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT 1 AGREEMENT This is a Maintenance Service Agreement ("Agreement") between the City of San Bernardino (CUSTOMER) and the County of San Bernardino (COUNTY). through the Information Services Department (ISD). for 800MHz Mobile Digital Terminals (MDT) in use on the COUNTY's 800MHz RF Data System Backbone. with terms as set forth in this Agreement and on Schedule A. Such service may be provided through lSD-Radio Division. lSD-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 3D, 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, MDTs 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 Remove, reinstall and maintain MDT's 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 fmal, Repair work will be performed at ISO-Radio Division, lSD-Communications, or other lSD-prescribed location, 5,1,2 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, 5,1.3 ISO reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. 5,1.4 ISO assumes no liability for MDT failure in the field, nor for any adverse consequences caused by such failed Equipment. Dl-wm.1IS-:<J.!I:IË_.611_ , \ Pagclof4 _.~ "~ 96-12 ,t' 5,1.5 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 ISD 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 abn~mnal wear, 5,2,2 Service to correct attempts by CUSTOMER or unauthorized third panies to repair or modify MDT's, 5,2.3 Vehicle electrical problems. 5,2.4 Services not covered in Section 5,1, to the extent feasible/cost-effective as determined by ISO, 6 CUSTOMER RESPONSmILITIES 6.1 CUSTOMER shall provide ISD with model and serial numbers of all MDT's to be covered under this Agreement. 6,2 CUSTOMER shall designate an individual as the single point of contact for maintenance coordination. 6,3 CUSTOMER shall coordinate and schedule service requirements with ISD in advance whenever possible, CUSTOMER may be required to deliver equipment to designated locations. 6.4 CUSTOMER shall advise lSD-Radio Division of all MDT relocations or reassignments, within their fleet. within 24 hours of relocation or reassignment. 7 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, 8 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, 9 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 9, 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. 10 GENERAL TERMS AND CONDITIONS 10,1 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, 10,2 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, Plo/lWT.1IJ,.19-91 --= 611619:S Pa&e2of4 , \ _.~ ,r~ 96-12 ,. \0,3 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. \0.4 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, 10,5 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, 10,6 CaDtions and ParagraDh 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. \0,7 All Attachment(s) and Schedule(s) hereto, if any, are an integral part of this Agreement and are incorporated herein by reference, 10.8 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 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, \0,9 Notifications - All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be deemed duly given: 10.9,r Upon actual delivery, if delivery is by hand; or \0.9,2 Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile; or \0,9,3 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 "D" Street San Bernardino, CA 92418 County of San Bernardino Information Services Department First Floor 670 East Gilbert Street San Bernardino, California 92415-0915 To COUNTY: DJo.IolDT.:lil-1J.~ _111_ Paae3of4 , \ ~.~ OO~ 96-12 " IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set fonh below their respective signatures, COUNTY OF SAN BERNARDINO Date MAR 0 5 1996 96-166 CUSTOMER Si~N~ Print Name To fill. fr1 { f\1 0 r2.. MA VorL :J,-'1-qro Date SignName ~.c...~ ~~J..?~ ~ Chairman, Board of Supervisors Print Name MARSHA TUROer Title Approved as to form and legal content: James F. Penman, City Attorney ,/~ S!3NEO AND CERTIFIED THAT A COpy Of THIS . DIlGUMfNT H.~S SEEN DELIVERED TO THE CHAiR- MAN Of THE BOARD. By "'MIlT.lI~l"'l _:lfl_ Pale 4of4 ~ ~ 96-12 .. " 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT CITY OF SAN BERNARDINO SCHEDULE A II I I NUMBER I I ADVANCE I EQUIPMENT MONTHLY OF MONTHLY ANNUAL TYPE FEE UNITS COST FEE Motorola 9100-11 800 MHz Mobile Digital $25.00 171 $4.275,00 $51,300.00 Terminal .. TOTAL 171 $4.275.00 I $5I/3W:ti(1 I A. Fees are to be paid at least quarterly, in advance, 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. /Il:>>.MDTfS.(2.92 Revised: 611~ MD96-00I.SBC 12121195 , , " 96-12 ". : " 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 arisfng 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,-? -' /? ) \.)}., / F/fT? Risk Manager City of San Bernardino ~~ County of San Bernardino ~/7/9c, Date ;lL~:/r;,