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Home My WebLink About1996-014 1 2 3 4 5 6 RESOLUTION NO. 96-14 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $60,450.00 TO THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF 13 CENTRA-COM II CRT CONSOLES FOR FISCAL YEAR 95/96, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 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 $60,450.00 9 to the County of San Bernardino for maintenance of 3 Centra-com 10 II CRT consoles for fiscal year 95/96. 11 SECTION 2. The Mayor is hereby authorized to represent the 12 city in signing the attached service agreement. 13 14 SECTION 3. The authorization to execute the above referenced purchase order is rescinded if it is not issued 15 within sixty (60) days of the passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the 18 Bernardino at a 19 of January Mayor and Common Council of the city of San adjourned regular meeting thereof, held on the 22nd dv , 199 6 , by the following vote, to wit: 20 21 22 23 24 25 26 27 28 / / / / / / / / / / / / / / / / / / / / / 1 96-14 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $60,450.00 TO THE COUNTY OF SAN 2 BERNARDINO FOR MAINTENANCE OF 13 CENTRA-COM II CRT CONSOLES FOR THE 95/96 FISCAL YEAR. 3 Council Members: 4 NEGRETE 5 CURLIN 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN 9 POPE-LUDLAM 10 MILLER 11 12 13 AYES NAYS ABSTAIN ABSENT x x x x x x x /) i Iv' (" 'Ii.' .' . i i . / . .. ~- .~..) , J~\ ,'-<> x.. , , ...L Ii ., L \. city Clerk 14 The foregoing resolution is hereby approved this of January , 199 6 d7M'.. dv 15 16 17 18 Approved as to form 19 and legal content: ------. ./ 771' Tom Minor, Ma or city of San Bernardino 20 James F, Penman, City ~torney il "L () By: Vt:t1>-<'-? T if' r~""""'- (ji ./ 21 22 23 24 25 26 27 28 2 96-14 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY. CALIFORNIA ISO; Inc. Cities-SB; Comm.-800 MHz System; Agreements as listed March 5,1996 FROM: DIANAH NEFF, Director Information Services Deparhnent . 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 1995196 in the amounts indicated: Ail"eement Amount AGREEMENT NO. 800 Mhz MobilelPortable Radio Equipment 800 Mhz Mobile Digital Tenninals 800 Mhz Radio Dispatch Equipment 800 Mhz Backbone Radio Equipment $50,760 $51,300 $60,450 $46,080 96-165 96-166 9&;-167 9u-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 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 final 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. Cononunications 800 MHz System Operations Risk Management eSG File w/agreement 14.9507-000 Rev. 10/81 mll Action of the Board of Supervisors ABSENT 5 BY ITEM 5 . County of San Bernardino FAS CONTRACT TRANSMITTAL CONTRACTOR Birth Date 96-14 FOR COUNTY USE ONL Y E New Vendor Code Dept. Contract Number M Change SC A 96-167 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 $60,450 for 95/96 FY Fund I Dept I OrganIzation I Appr. I Obj/Aev Source Activity J GRC/PROJ/JOB Number lAM MHZ MHZ . 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount lID Project Name Radio Dispatch Equipment - - - - Mamtenanee ServIces - - - - Agreement - - - - CITY OF SAN BERNARDINO Federal ID No, or Social Security No, Janice Ingles. Director - Management of Information 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 Radio Dispatch Equipment consisting of Centra-Com 11 CRT Consoles and related 800 MHz Central Electronics Equipment. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Reviewed as to Affirmative Action · Not All-PHcab1e Reviewed for Processing . Agency Administrator/CAD Date Date 96-':14 RADIO DISPATCH EQUIPMENT 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 Maintenance Services on Radio Dispatch Equipment (Equipment) as set forth in this Agreement and on Schedule A, Such services may be provided through ISO or vendors, at lSD' 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 terni 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 terrilination, 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, Equipment 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 "Loaner" Equipment to temporarily replace Equipment that is removed from service for maintenance reasons. 5,1.2 Remove, reinstall and maintain Equipment that has become defective during normal wear and usage. ISD shall determine whether or not defects are normal wear and usage, said deterrilination will be fmal, Repair work will be performed at lSD-Radio Division, ISO-Communications. or other lSD-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. ~RAD.AGR 12I2OI9S Pagelol4 , \ R096-OO1.SBC 12I2OI9S 96-14 5.1.4 ISO reserves the right to subcontract for all or pan of services from authorized Motorola repair facilities, 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 beyon~ the cQntrol 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 Service required due to CUSTOMER abuse or abnormal wear of Equipment, 5,2,2 Service to correct attempts by CUSTOMER or unauthorized third panies to repair or modify Equipment. 5,2,3 Facility electrical problems at CUSTOMER location(s), 5,2.4 Services not covered in Section 5,1, to the extent feasible/cost-effective as determined by ISO, 5,2.5 Program or re-program equipment at CUSTOMER's request or in response to abnormal wear and usage, County-originated systems reconfigurations excepted, 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 assigued, 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 COlIUOercial 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 must return any rental equipment pursuant to the terms of this paragraph, COUNTY shall retain all sums paid under this Agreement by the CUSTOMER, 800-RAD.AGR 12I2OI9S Paac2of4 RD96-00l.SBC 1,\ 12I2OI9S 96-14 " 10 GENERAL TERMS AND CONDITIONS 10,1 Indemnificatian - CUSTOMER agrees to. indemnify, defend and hald harmless the COUNTY and its autharized agents, afficers, valunteers and emplayees against any and all claims ar actians arising fram CUSTOMER's acts. errars ar amissians and far any casts ar expenses incurred by the COUNTY an accaunt af any claim therefar. 10,2 Permits - CUSTOMER is respansible far abtaining and paying the casts of any permits, licenses ar approvals by any regulatory badies having jurisdictian aver the uses autharized herein. as appropriate. 10,3 Exercise of COUNTY's Riehts and Authority - The Directar for Informatian Services Depanment, ar his designee, shall have the aUtharity to exercise COUNTY's rights under this Agreement, 10.4 Waiver - No waiver af a breach of any provisian of this Agreement shall constitute a waiver of any other breach, or af such provisian, Failure af COUNTY to enfarce at any time, ar fram time to time, any pravision of this Agreement shall nat be canstrued as a waiver thereof, The remedies herein reserved shall be cumulative and additianal to. any ather remedies in law or equity, 10.5 Validity - The invalidity in whale ar in pan af any pravisian af this Agreement shall nat vaid or affect the validity af any other pravisian, 10,6 CaPtians and Paraeraph Headines - Captians and paragraph headings used herein are far convenience anlyand are not a pan of this Agreement and shall nat be used in construing it, 10,7 All Attachment(s) and Schedule(s) hereto, if any, are an integral pan of this Agreement and are incorporated herein by reference. 10,8 Entire Aereement - This Agreement shall be gaverned by the laws af the State af Califarnia and canstitutes the entire agreement between the panies and supersedes all prior negotiatians. discussians 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 af the COUNTY and CUSTOMER, 10,9 Notifications- All natices or demands required or permitted to be given ar made hereunder shall be in writing and shall be deemed duly given: 10.9,1 Upan actual delivery. if delivery is by hand; or 10,9,2 Upon receipt by the transmitting pany of confirmation or answer back if delivery is by telex, telegram ar facsimile; ar 10,9,3 Three (3) days fallawing delivery into. the First Class United States mail. Each such natice is to. be sent to. the respective pany at the address indicated below ar to. any other address or person that the respective pany may designate by written natice delivered pursuant hereto: To CUSTOMER: City of San Bernardino. 300 Narth "D" Street San Bernardino., CA 92418 To. COUNTY: County of San Bernardino. Informatian Services Depanment First Flo.ar 670 East Gilben Street San Bernardino., California 92415-0915 800-RAD.AGR 1212Oi9S Page3of4 RD96-OOI.SBC 1212ll19S " , 96-14 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 Sign Name~ ~ ~t..v A~... _ Chairman, Board of Supervisors CUSTOMER '~~, SignName /~ ~ Date MAR 0 5 1996 96-167 Date 7()tl1 MUV biZ frlA'I[) fL ~'1~qC:, Print Name MARSHA TUROCI Print Name Title Approved as to form and legal content: James F. Penman, City Attorney By lIOO-RAD.AGR 111lMS Pap 4of4 RJ>96.OO1.SBC 111lMS 96-14 " RADIO DISPATCH EQUIPMENT MAINTENANCE SERVICE AGREEMENT SCHEDULE A I I I NUMBER I I ADVANCE I EQUIPMENT MONTHLY OF MONTHLY ANNUAL TYPE FEE UNITS cosr FEE Centra-Com II CRT console and related 800 MHz $387.50 13 $5.037,50 $60,450,00 Central Electronics Equipment TOTAL $387.50 13 $5,037.50 1>$6043<00.1 .................9:-.... A, Fees are to be paid armually, 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, 800-RAD.AGR 1212Oo'>S \ R096-OO1.SBC 1212Oo'>S ., 96-J.4 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./7 -' \ /y~./ (' /w7 Risk Manager city of San Bernardino d/7./9t:. Date d.. / .;l). /9 f.o , Date ardino