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Home My WebLink About1996-212 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 96-212 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 96/97 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE 800MHZ COMMUNICATION SYSTEM BACKBONE FOR THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of the City a fiscal year 96/97 maintenance services agreement by and between the City of San Bernardino and the County of San Bernardino for maintenance of the 800Mhz communication system backbone for a total of $46,080.00, for the City of San Bernardino. SECTION 2. The authorization to execute the above referenced agreement order is rescinded if it is not issued within sixty (60) days of the passage of this resolution.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 Bernardino at a regular meeting thereof, held on the 15th 25 day of July IIII IIII IIII IIII IIII IIII IIII IIII , 1996, by the following vote, to wit: 26 27 28 1 RES 96-212 -, RESOLUTION AUTHORIZING 96/97 MAINTENANCE SERVICES AGREEMENT WITH COUNTY FOR MAINTENANCE OF 800MHZ BACKBONE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 COUllcilmembers AYES NAYS ABSTAIN ABSENT X NEGRETE CURLIN X ARIAS X OBERHELMAN X DEVLIN X ANDERSON X MILLER X ~~k~ /Q/.i.... The foregoing resolution is hereby approved this _I July, 1996. day of ~/}~)(i{ii~ ~Tom Minor, Mayor City of San Bernardino 21 Approved as to form and legal content: 22 23 24 25 26 27 28 JAMES F. PENMAN City Attorney /J ./? .-{:. 2 RES 96-2l2 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY. CALIFORNIA August 6,1996 FROM: DIANAH NEFF, Director Information Services Department AMENDMENTS TO 800 MHZ MAINTENANCE SERVICES AGREEMENTS WITH THE CITY OF SAN BERNARDINO SUBJECT: RECOMMENDATION: Approve Amendment No. I to the following 800 MHz Maintenance Service Agreements with the City of San Bemardino, extending the terms from July I, 1996 through June 30, 1997 in the amounts indicated: Agreements Agreement No Amount 800 MHz MobilelPortable Radio Equipment 800 MHz Mobile Digital Terminals 800 MHz Radio Dispatch Equipment 800 MHz Backbone Radio Equipment 96-165 Al 96-166 Al 96-167 Al 96-168 Al $52,200 $52,500 $60,450 $46,080 BACKGROUND: In November 1994, the Information Services Department-Radio Division initiated ongoing maintenance and operation of the City's 800 MHz Radio System under four separate contract arrangements. New contracts were issued for FY 95/96 covering the same services. These service contracts expired on June 30, J 996. The City wishes to amend these contracts for maintenance services of their mobile/portable radios, mobile digital terminals, radio dispatch equipment and backbone radio equipment. These Amendments extend the contract terms by one fiscal year through June 30, 1997 and increase the reimbursement to the department by the amounts indicated for its related cost. REASON FOR RECOMMENDATION: County Standard Practice I I-I OS? requires the Board of Supervisors' approval of all agreements and amendments thereto unless otherwise directed by the Board of Supervisors or provided by law. REVIEW BY OTHERS: These Amendments have been reviewed by Deputy County Counsel Alan Green on May 15, 1996, by Kathryn Brill, Risk Management, on June 21, ) 996, and by the staff of the Fifth Supervisorial District. Additionally these amendments have been approved by the San Bemardino City Council on July 15, 1996. cc: Information Services w/agree Contractor w/agreements c/o Information Services Auditor w/agreement Contract Compliance Risk Management GSG File w/agreement Action of the Board of Supervisors APPRQY~D BOARD o'F S.UPERVISORS COU"!"ypF SAN BERNARDINO BY Jt'. ~ / ,..,'/; .. " ;'$ECOND ;' I . 2' ,. .l MOVE 3 AYE 4 ABSENT 5 MOTION DATED / ? '~~;:~,~;~1~~59'3' Deputy 14.9507-000 Rev, 10(81 ch ITEM 13 RES 96-212 If I \0 \ AMENDMENTS TO 800 MHZ MAINTENANCE SERVICES AGREEMENTS WITH THE CITY OF SAN BERNARDINO AUGUST 6, 1996 PAGE20F2 FINANCIAL DATA: Appropriations and revenues associated with these Amendments have been jncluded in the Proposed FY 1996/97 Budget for the lSD-Radio Division (lAM-MHZ). PRESENTER: Dianah Neff, Director, Information Services Department, Tel. (909) 387-7278. ) 8/6/96 ch' #13 RES 96-21~6-212 , . ~ E New Vendor Code Dept. Contract Number M Change SC A X Cancel MHz 96-168AI County Department Dept. Orgn. Contractor's license No. Information Services Department ISD MHZ County Department Contract Representative Ph. Ext. Amount of Contract Pearl Holliday, Staff Analyst (909) 387.7380 $46,080 for 96/97 FY Fund I Dept. ~I Organization ! Appr. I Obj/Rev Source Activity I GRC/PROJfJOB Number lAM MHZ MHZ 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name - - - - 800 MHz Backbone Radio - - - - Equipment Maintenance - - - - Services A2reement 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 BERNARDINO hereinafter called CONTRACTOR Address Janice Ingles, Director - Management ofInformation Services 300 North '0' Street, San Bernardino, CA 92418-0001 Phone (909) 384-50 I 0 Birth Date Federal 10 No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and reverse side of form if needed. 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.) AMENDMENT NO. At Paragraph 2 is hereby amended as follows: "The term of this Agreement shall be renewed on the first day of July 1996, and shall continue for a term through June 30, 1997, and may be renewed, after this term, for an indefinite period." Any provisions on the reverse side and referen<;ed attachments hereof constitute a part of this contract and are incorporated herein in full. COUNT~!: _SAN BERNARDINO 4 . .. //&A-~ ~ Chairman, Board of Supervisors Dated AUG 6 1996 (State if corporation, company, etc.) By~h~~ /! Ii ~/l6'h~ized Signature) I jJ; A Yr.?/C SIGNED AND CERTlf,*D':~I..A COPY OF THIS DOCUMENT HAS ~'.DeUVtREb\~~ THE CHAIRMAN OF THE BOARD.!'. ., '\. , . . . . '.' '. ........ '. i. Clerk of the Bqilrc:lofSllpervisors Qf the' County of San Bernardino.' . '. Dated Title Address By Reviewed for Processing Date Ie .. Agency Administrator/CAO Date Page 1 of . . RES 96-212 ,., - -" 800 ~rnz BACKBONE R.\DIO EQUIP~1ENT :\L-U'fTEN.'\""'CE SERVICES AGREE:\1Ei'iT I. .\GREEM'ENT 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 ~(aintenance Services on 800 ~lHz 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. TER"1 The term of this Agreement shaH commence on the first day of the month foHowing its execution and shaH 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 shaH incur any liability to the other by reason of such termination. 3. CUSTOt'tlER REPRESENTATIONS The CUSTOMER represents that the person signing this Agreement is a duly authorized representative of the CUSTO!vlER and has the authority to execute this Agreement on the CUSTO!vlER's behalf. 4. L'o"VOIClNG During the term of this Agreement, the CUSTO!vlER 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 wiH result in termination of this Agreement. AH 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:I.Q 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. [SO 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 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. 5.1.4. [SO reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. !OO_BKBN.AGR P"8e1of4 BB96-00I.SBC .RES 96-212 5.l.5. [SO assumes .._ liability for Equipment failure in the r. ,nor for any adverse .co'nsequences caused by such failed Equipment. 5.1.6. [SO 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 [SO or other designated repair facility. 5.2. COliNTY will provide the following additional services on a time and material basis: 5.2.l. 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 RESPONSmILITTF:S 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. CUSTO~fER shall coordinate and schedule service requirements with ISO 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. DEFAUI.T [f 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 Commen:ial Code (or other similar law) of the State of California and pursue any other remedies existing in law or in equity. 9. GOVER"'IYIENT 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 CUSTO/VlER's expense, any rental equipment in good condition (reasonable wear and tear excepted) to a location designated by COUNTY. [n the event the CUSTOMER must retum any rental equipment 81lO_BKBN.AGR Page 2 or 4 BB96-00I.SBC RES 96-2l2 . Rur~uant to the terms of thl- . .ragraph, COUNTY shall retain all suo CUSTOMER. "aid under this Agreement by cthe 10c GE~ERAI. TER:I<IS ~ CONDITIONS 10.1. Indemnification - CL'STOMER 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 CUST01VIER's acts. errors or omissions and for any costs or expenses incurred by the COUNTY on account of any claim therefor. IOc2. 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 COllNTY's Ri~hts and Authority - The Director for the Information Service Department, or his designee, shall have [he authority to exercise COUNTY's rights under this Agreement. 10.4. 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. 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 Headinis - 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 Aireement - 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. I. 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 "'0" 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) or 4 BB96-00I.5BC RES 96-2l20o - ~ J 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 Sign Name ~J___ ~~~.J .,- Chairman, Board of Supervisors Print Name MARSHA TUROCI Date MAR 05 1996 96-168 Approved as to form and legal .con~ent: James F. Penman, City At orney . 7-/~ SIGNED AND CERTIFiED THAT A COPY OF THIS OOGUMENT HAS BEEN DELIVERED TO THE CHAIR. MAN OF mE BCARO. . EARLENE SPRDA T Clerk 01 tI1 o tho By IOO_BKBN.AGR ~ Pas- 4 of4 CUSTOMER SignN~X~' / Print Name 'f/J fVl MJ NO!<..... MA'IDtZ . J-'l,q b Title Date . \ BB96-00 l.SBC