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Home My WebLink About1996-213 c 1 2 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 RESOLUTION NO. 96-213 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 RADIOS 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 radios for a total amount of $52,200.00, 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 The authorization to execute the above referenced agreement order is rescinded if it is not issued within sixty (60) days of the passage of this resolution.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 day of July IIII IIII IIII IIII IIII IIII IIII IIII , 1996, by the following vote, to wit: 1 RES 96-213 RESOLUTION AUTHORIZING FISCAL 96/97 MAINTENANCE SERVICES AGREEMENT WITH COUNTY FOR MAINTENANCE OF 800MHZ RADIOS. 1 2 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 Counci1members AYES NAYS ABSTAIN ABSENT NEGRETE X CURLIN X ARIAS X OBERHELMAN X DEVLIN X ANDERSON X X MILLER ~~ The foregoing resolution is hereby approved this Ifti. July , 1996. day of ~ ~Yl ' . ) r-fl11 {(jU:_'1 Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney f\ , ?- ' I fVLv~"h By: dM---- // U 2 RES 96-213 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINC! COUNTY. CALIFORNIA August 6, 1996 FROM: DIANAH NEFF, Director Information Services Department SUBJECT: AMENDMENTS TO 800 MHZ MAINTENANCE SERVICES AGREEMENTS WITH THE CITY OF SAN BERNARDINO RECOMMENDATION: Approve Amendment No. I to the following 800 MHz Maintenance Service Agreements with the City of San Bernardino, extending the terms fro~ July I, 1996 through June 30, 1997 in the amounts indicated: A~reements Aweement No. Amount 800 MHz MobilelPortable Radio Equipment 800 MHz Mobile Digital Terminals 800 MHz Radio Dispatch Equipment 800 MHz Backbone Radio Equipment 96-165 AI 96-166 Al 96-167 AI 96-168 AI $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, 1996. 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, ] 997 and increase the reimbursement to the department by the amounts indicated for its related cost. REASON FOR RECOMMENDATION: County Standard Practice Il-IOSP 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, J 996, by Kathryn Brill, Risk Management, on June 21, 1996, 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 APPROV~~SUPERVISORS col.lff!;vot SAN BfRNMDINO ~<" -'.' ',. "':" - - MOTION AyEi' $E'CCiND MOVE . AYE ABSENT t 2 3 . 4 5 BY Deputy DATED: August 6, 'c. . ~~~~~~:.~,~~~:5S~""~ ITEM 13 14-9507-000 Rev. 10/81 ch RES 96-213 \ AMENDMENTS TO 800 MHZ MAINTENANCE SERVICES AGREEMENTS WlTH THE CITY OF SAN BERNARDINO AUGUST 6, 1996 PAGE20F2 FINANCIAL DATA: Appropriations and revenues associated with these Amendments have been included 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 96-213 96-213 . E l,New Vendor Code Dept. Contract Number tc M 1-= I\.Change SC A X Cancel MHz 96-I65AI County Department Dept. Orgn. Contractor's License No, Infonnation Services Department ISD MHZ County Department Contract Representative Ph. Ext. Amount of Contract Pearl Holliday, Staff Analyst (909) 387.7380 $52,200 for 96/97 FY Fund I Dept. ~l Organization \ Appr. \ 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 Mobile/Portable - - - - Radio Maintenance - - - - Services Apreement 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 of Infonnation Services 300 North 'D' Street, San Bernardino, CA 92418-0001 Phone Birth Date (909) 384.5010 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 referenped attachments hereof constitute a part of this contract and are incorporated herein in full. ~OUNT~I~ Chairman. Board of Supervisors Dated AUG 6 1996 (State if aer~ration, company, etc.! By ~~~f(l(tA Dated ( 7;/"/'1 r;uthoriZOd SignatUre) I Title IJ1I1Yt9A SIGNED AND C~'tI T A COPY OF THIS ~~~~~~~;~'~EEN'~ep~~;~,~,~o THE CHAIRMAN Clerk of th\l;<El9ard of Supervisors of~he County of San Bernardinol~ : - .:') (: . By fi, Address Reviewed as to Affirmative Action Reviewed for Processing ~ County Counsel ~ f Oate '5; IS cr~ / 02-12296-000 R.v, 11/90 l.hort form) ~N ~ Agency Administrator/CAO Date Date Page 1 of .RES'*'_-tP 800 MHz MOBILEIPORTABLE RADIO l\olAINTENANCE SERVICES AGREEMENT 1 AGREEMENT This is a Maintenance Servie<:s Agreement ("Agreement") between the City of San Bernardino (CUSTOMER) and the County of San Bernardino (COUNTY). through the Information Servie<:s Department (ISO). for SOOMHz MobileIPonable Radio (Equipment) Maintenance Servie<:s as set forth in this Agreement and on Schedule A. Such servie<:s may be provided through ISO-Radio Division. ISO-Communications. 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 chis 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 pany shall incur any liability to the other by reason of such, .termination. 3 CUSTOMER REPRESENT A nONS 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 wichout 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 fmal. Repair work will be performed at ISO-Radio Division, lSD-Communications, or other lSD-prescribed location. 5.1.3 Service to be provided during nonnal County work hours on normal County business days. After hours service will be available on a premium rate basis. 1a).R)4Sf6..U-92 RrriIed; 6/16m Page I of 4 ....J"96..('(II.sBC ;7fl.1~ In, 96-213 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 beyond the control of Infonnation Services or orper 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 panies to repair or modify Equipment. 5.2.3 Vehicle electrical problems. 5.2.4 Services not covered in Section 5.l,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 reconfigurarions excepted. 6 PORTABLE RENTAL EOUlPMENT 6.1 The ponable 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 ponable 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 ponable 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 RESPONSIBILITIES 7.1 CUSTOMER shall own its own Equipment. 7.2 CUSTOMER shall provide ISO with model and serial numbers of all mobile/ponable 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 ISO in advance whenever possible. CUSTOMER may be required to deliver equipment to designated locations. 7.5 CUSTOMER shall advise ISO. Radio Division of all radio relocations or reassignments, within their fleet, within 24 hours of relocation nr reassignment. m.lU.4S/t.23-9'1 ~61161'9S Page 2 of 4 MP9643I..$8C 11121195 "'213 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 effecl. 9 DEFAl;L T 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 i=ediately 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 Co=ercial 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 !his 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 rerum 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 CONDmONS 11.1 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~ 11.2 Permics - CUSTOMER is responsible for obtaining and paying the costs of any permits. licenses or approvals by any regulatoty bodies having jurisdiction over the uses authorized herein. as appropriate. 11.3 Exercise of COUNTY's Rights and Authority - The Director for Infonnation Services Department, or his designee, shall have the autho1'ity 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 herein 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 ocher provision. t I. 6 Cantions and Paragranh 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. t 1.7 All Attachment(s) and Schedule(s) hereto, if any. are an integral part of this Agreement and are incorporated herein by reference. 11. 8 Eneire Agreement . This Agreement shall be governed by the laws of the State of Califomia and constitutes the entire agreement between the parties and supersedes all prior negotiations. discussions and preliminary m.RM$J6-:!J-9;: _"I""" Page 3 of 4 MP"964)(.SBC IVII,," I RES 96-213 -96-11 understanding. This Agreement may be amended as COUNTY and lhe CUSTOMER mutually agree in writing. Any such amendment must be signed/approved by aulhorized representatives of lhe COUNTY and CUSTOMER. It. 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: It. 9.1 Upon actual delivery, if delivery is by hand; or 1t.9.2. Upon receipt by lhe transmining party ofconfrrmation or answer back if delivery is by telex, telegram or facsimile; or t t.9.3 Three (3) days following delivery into lhe First Class United States mail. Each such notice is to be sent to lhe respective party at lhe address indicated below or to any olher address or person !hat lhe respective party may designate by written notice delivered pursuant hereto: To CUSTOMER: City of San Bernardino 300 North '0' 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. lhe parties hereto have hereunto set lheir hands and seals on lhe date set forth below lheir respective signamres. COUNTY OF SAN BERNARDINO ~.c'-~ \,.~~~-<:.~ Sign Name CUSTOMER ~~~ Sign Name ,/f:!3nt. ~_ Chainnan, Board of Supervisors Print Name HARSHA TUROCI Date MAR 0 5 1996 96-165 Approved as to form and legal content: James F. Penman, City Attorney m.JU,(~G91 ~"I6M Print Name 1'011;11/ lNDIZ Title MA V 0 fZ Date ~ - '7 ~ q 0 By Page 4 of 4\ W1"9&4n.sac 12J21RS