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96-13
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
PURCHASE ORDER IN THE AMOUNT OF $46,080.00 TO THE COUNTY OF SAN
BERNARDINO FOR MAINTENANCE OF THE CITY'S 800 MHZ BACKBONE RADIO
EQUIPMENT, INCLUDING MOSCAD HOST AND REMOTE STATIONS, PRIME AND
REMOTE SITE CONTROLLERS, MSF 5000 REPEATERS AND SUPPORTING
EQUIPMENT. THIS MAINTENANCE AGREEMENT WOULD COVER THE 95/96
FISCAL YEAR.
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 purchase order in the amount of $46,080.00
for 800 megahertz backbone maintenance to the County of San
Bernardino; such award shall only be effective upon the issuance
of a Purchase Order by the Finance Director.
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referenced purchase order is rescinded if it is not issued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
, 1996
, by the following vote to wit:
of
January
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
1
96-13
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE
ORDER IN THE AMOUNT OF $46,080.00 TO THE COUNTY OF SAN
BERNARDINO FOR 800 MEGAHERTZ BACKBONE MAINTENANCE FOR 95/96
FISCAL YEAR.
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
--- --
The foregoing resolution is hereby
of Januarv , 199 6
/-:) ~ f I '
..Ji~ 'v~^-O!_~ ,-/l "-
\. ci ty Clerk
approved this '?3 /{~
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Tom M1nor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney 11
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By: '. .'Y>"'/ '1 0 r:;h/J/}/V7"
o
2
96-13
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:
A~eement
Amount
AGREEMENT NO.
800 Mhz MobilelPortable Radio Equipment
800 Mhz Mobile Digital Terminals
800 Mhz Radio Dispatcl> 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 11-10SP 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
mll
MOTION
ABSENT
5
BY
1"-9507-000
Rev. 10/81
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ITEM 5
FOR COUNTY USE ONL'Y
96-13
E New Vendor Code Dept. Contract Number
M Change SC A 96-168
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 $46,080 for 95/96 FY
Fund I Oepl, 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 Backbonc Radio - - - -
Equipment Maintenance - - - -
Services Agreement - - - -
e
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
CITY OF SAN BERNARDINO
Birth Date
Federal ID No, or Social Security No,
Contractor's Representative
Janice Ingles, Director - Management of Information Services
Address
300 North 'D' Street, San Bernardino, CA 92418-000]
Phone
(909) 384-5010
Nature of Contract: (Briefly describe the general terms of the contract)
Provide the City of San Bcrnardino with maintenancc services on their 800 Mhz Backbone Radio Equipment. Equipment consists of
MOSCAD System Host and Remote SUltions, MSF 5000 Repeaters, Prime and Remote Site Controllers, Antenna Systems,
Simulcast/Microwave Distribution, and supporting equipment.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed as to Affirmative Action
Reviewed for Processing
~ Not A }JI)Hc~dnc
~
Agency Administrator/CAD
Date
Date
96-13
.,
800 MHZ BACKBONE RADIO EQUIPMENT
~UUNTENANCESERVICESAGREEMENT
I, 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
Maintenance Services on 800 MHz Backbone Radio Equipment (Equipment) as set forth in this Agreement and
on Schedule A, Such services may be provided through ISO or vendors, at ISO'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 mllllmum 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, Equipment added will be paid on a prorata basis within thirty (30) days of
addition to this schedule,
5, SERVICES IQ BE PROVIDED
5,), COUNTY agrees to provide the following services without additional cost (pre-scheduling is requested):
5,\,\, Maintain sufficient "Loaner" Equipment to temporarily replace Equipment that is removed from
service for maintenance reasons,
5,\'2, Remove, reinstall and maintain Equipment that has become defective during 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 the ISO-Radio Division, ISO-Communications,
or other ISO-prescribed location,
5.1.3. Service to be provided twenty-four (24) hours per day, 7 days per week with a two (2) hour
response time,
5,).4, ISO reserves the right to subcontract for all or part of services from authorized Motorola repair
facilities,
800_BKBN.AGR
Page I of4
\
BB96-OO l.SBC
96-13
5,1.5, ISO 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 ISO or other designated
repair facility,
5,2, COUNTY will provide the following additional services on a time and material basis:
5,2,1.
5,2.2,
Service required due to CUSTOMER abuse or abnormal wear of Equipment.
Service to correct attempts by CUSTOMER or unauthorized third parties to repair or modify
Equipment,
Facility electrical problems at CUSTOMER location(s),
Services not covered in Section 5,1. to the extent feasible/cost-effective as determined by ISO,
Program or re-program equipment at CUSTOMER's request or in response to abnormal wear
and usage, County-originated systems reconfigurations excepted,
5.2.3,
5,2.4,
5,2,5,
6, CUSTOMER RESPONSmILITIES
6.1, CUSTOMER shall own its own Equipment.
6.2, CUSTOMER shall provide ISO with model and serial numbers of all equipment to be covered under this
Agreement.
6.3, CUSTOMER shall designate an individual as the single point of contact for maintenance coordination,
6.4, CUSTOMER shall coordinate and schedule service requirements with ISD in advance whenever
possible,
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 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.
9, GOVERNMENT AGENCY FUNDING
The CUSTOMER states that it is its intent to make all 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
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 mU$t return any rental equipment
.. .
800_BKBN,AGR
Page 2 or4
BB9~LSBC
\
96-13
pursuant to the terms of this paragraph, COUNTY shall retain all sums paid under this Agreement by the
CUSTOMER,
10, GENERAL TERMS ANI! CONDITIONS
10,1. Indemnification - CUSTOMER agrees to indemnify, defend and hold hannless 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 an'd 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 the costs of any permits, licenses or
approvals by any regulatory bodies having jurisdiction over the uses authorized herein. as appropriate.
10.3, Exercise of COUNTY's Ri~hts and Authority - The Director for the Information Service Department, or
his designee, shall have the authority to exercise COUNTY's rights under this Agreement.
lOA, 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, 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.
10,6, Captions and Para~raph Headinlls - 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.
10,7. Attachments - 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,
10,9, Notification - All notices or demands required or permitted to be given or made hereunder shall be in
writing and shall be deemed duly given:
10.9.1. Upon actual delivery. if delivery is by hand; or
10,9,2, Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex,
telegram or facsimile; or
10,9,3, 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:
The City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
To COUNTY: Information Services Department
County of San Bernardino
670 East Gilbert Street, First Floor
San Bernardino, California 92415-0915
800_BKBN,AGR
Page 3 of4
BB96-00I.SBC
96-13
.! 800 MHz BACKBONE RADIO EQUIPMENT
MAINTENANCE SERVICE AGREEMENT
SCHEDlli"E A
EQUIPMENT MONTHLY NUMBER MONTHLY ADVANCE
TYPE FEE OF UNITS COST ANNUAL FEE
MOSCAD System Host and 11 stations $80.00 12 $960.00 $11,520.00
MSF 5000 Repeaters $80.00 25 $2,000.00 $24,000.00
Prime Controllers $80.00 2 $160.00 $1,920.00
Remote Site Controllers (RF-Digital, Modems, UPS) $80.00 2 $160.00 $1,920.00
Antenna Systems (Antenna, Amplifier, Combiner $80.00 3 $240.00 $2,880,00
and F eedlines)
Simulcast/Microwave Distribution $80.00 4 $320.00 $3,840.00
(Spectratac & Digital Simulcast Unit)
TOTAL $480.00 48 $3, 840.00 $46,080.00
A, Fees are to be paid annually,
B, Additional equipment will be assessed a pro rata fee for the first year, full fee thereafter,
C, Fees are subject to periodic adjustment.
0, Notification of proposed fee changes shall be made to CUSTOMER two (2) months in advance of effective date of
such change.
800_BKBN.AGR
Pagel of I
BB96-00 I.SBC
SCHEDULE A
,
\
96-13
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
CUSTO:MER
SignName~~ ~~
Chairman, Board of Supervisors
~~\
Sign Name /~ ZA.
,
Print Name MARSHA TUROCI
Print Name
"'{o fV\ M. I /'If 0 fZ.
(VIA ~ D!Z.
j,-1-Q b
Title
Date MAR 0 5 1996
Date
96-168
Approved as to form
and legal content:
James F. Penman,
City At orney
1-l~
By
800_BKBN,AGR
Page4of4
BB96-OOl.SBC
96-13
ADDENDUM TO CONTRACT
Amend 11.1 Xndemnification as follows by inserting:
11.1 COUNTY agrees to indemnify and hold harmless the CITY and
their authorized agents, officers', voiunteers 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.
.../f,..qA ~A""') ..))~ ~hJY1)
Risk Manager
City of ,San Bernardino
~ /7:/.9(,
Date
~~
County of San Bernardino
<l/cl:l/9'
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Date