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HomeMy WebLinkAbout1996-215 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 96-215 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 PUBLIC SAFETY DISPATCH CONSOLES 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 Public Safety dispatch consoles for a total amount of $60,450.00, 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 The authorization to execute the above referenced agreement order is rescinded if it is not issued within sixty (60) days of the passage of this resolution.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 15th regular meeting thereof, held on the Bernardino at a day of July IIII IIII IIII IIII IIII IIII IIII IIII , 1996, by the following vote, to wit: 1 ms 96-2l5 RESOLUTION AUTHORIZING FISCAL 96/97 MAINTENANCE SERVICES AGREEMENT WITH COUNTY FOR MA.INTENANCE OF DISPATCH CONSOLES.' 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 AYES ABSTAIN ABSENT Councilmembers NAYS x NEGRETE x CURLIN x ARIAS x OBERHELMAN DEVLIN x x ANDERSON MILLER x ~r~ The foregoing resolution is hereby approved this 11~ July , 1996. day of ~;11. )({('[~ ~om Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney 2 RES 96-2l5 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINq. COUNTY, CALIFORNIA , i 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 Bemardino, extending the terms frob July I, ] 996 through June 30, 1997 in the amounts indicated: Al;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 AI 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, 1997 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, ] 996, 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 Bernardino 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 14-9507-000 Rev. 10/81 ch Action of the Board of Supervisors APPR~~~ SUPERVISORS C'OUNT'l"OJ'~AlIl,';!3'~RDINO _ ' """;, "(JV~ MOTION AYE SECOND MOVE'" AYE ABSENT 1 2 3 4 S Deputy 13 ITEM 'RES 96-2l5 ~ 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 included in the Proposed FY 1996/97 Budget for the lSD-Radio Division (lAM-MHZ). PRESENTER: Dianah NeIT, Director, Information Services Department, Tel. (909) 387-7278. ) 8/6/96 ch- #13 RES 96-215 ..,;,.,,- - ......,- ',' E vNew Vendor Code Dept. Contract Number. M "change SC A X Cancel MHz 96-l67Al County Department Dept. Orgn. Contractor's license No. lnfonnation Services Department ISO MHZ County Department Contract Representative Ph. Ext. Amount of Contract Pearl Holliday, Staff Analyst (909) 387-7380 $60,450 for 96/97 FY Fund I Dept.: 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 - - - - Radio Dispatch Equipment - - - - Maintenance Services - AQreement - - - 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 '0' Street, San Bemardino, CA 92418-0001 Phone (909) 384-5010 Birth Date Federal ID No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space befow 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. Al 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 referenced attachments hereof constitute a part of this contract and are incorporated herein in full. COU~_OF SAN BERNARDINO ~ /~--' ~ Chairman, Board of Supervisors ""'-'1"/ <- (State if corporation, company, etc,) ~ '.........'\/7/ , By ~ / V7Fl ,j !A..1..i<$1.... I ., I I /)Apthorized Signature) Dated 7111/7 b ( Title JI1/iy 012...... Dated AUG 6 1996 SIGNED AND CERTIFI~,~ COpy OF. THIS DOCUMENT HAS BEEJl('OEllVE'REOif' E CHAIRMAN ,-:.. ''''',' "'(',," OF THE BOARD.' . -"";" "'>" ' -~i:' ' -' Clerk of the Board;ofSupervisors.Ol.thll'C nty of San "'" ".'! Bernardino. ., Address By Reviewed for Processing Date Date Ie ~ Agency Administrator/CAO Date 02-12295-000 Rev. 1 190 {short forml Page 1 of 6-2l5 RADIO DISPATCH EQUIPMENT :'tLU'oTENANCE 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 (ISO), 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 ISO' discretion. 2 TER.'IoI 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 thiny (30) days before the date specified for such terrilination. 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 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 thiny (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. ISO shall determine whether or not defects are normal wear and usage, said determination will be final. Repair work will be performed at ISO-Radio Division, ISO-Communications, or other ISO-prescribed location. 5. t.3 Service [0 be provided twenty-four (24) hours per day, 7 days per week with a two (2) hour response time. ID).RAO_ACR ''''''''' Pap I 014 .-.oI.SIC ,"""'" RES 96-2l5 5.LA ISO reserves the right to subcontract for all or pan of services from authorized Motorola repair facilities. 5. L.5 ISO assumes no liability for Equipment failure in the field, nor for any adverse consequences caused by such failed Equipment. 5.l.6 [SO assumes no liability for failure to provide or delay in providing services, under this AgreemeOl. due directly or indirectly to causes beyond the control of [SO or other designated repair facility. 5.2 COUNTY will provide the following additional services on a time and material basis: 5.2.L 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). 5.2A Services not covered in Section 5.L,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 i!S own Equipment, 6.2 CUSTOMER shall provide ISO with model and serial numhers 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 requiremen!S 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 DEFAULT If the CUSTOMER does not make timely payment of amoun!S 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 righ!S and remedies of a secured !'Jarty under the Uniform Commercial Code (or other simuar law) of the State of California and pursue any other remedies existing in law or in equity. 9 GOVER.~IENT AGENCY FUNDING The CUSTOMER states that it is i!S 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 thiny (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 retum any rental equipment pursuant to the terms of this paragraph, COUNTY shall retain all sums paid under this Agreement by the CUSTOMER. Ia).ltAD.ACR. ,"""'" Pip 2014 Il[)96.Q)I.SBC 11I2l>9l _.~ 10 GENERAL TER.\IS A.'ffi CONDmONS 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 e.'penses incurred by the COUNTY on account of any claim therefor. to.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. to.3 Exercise of COUNTY's Riehts and Authority - The Director for Information Services Depanment, 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 pan of any provision of this Agreement shall not void or affect the validity of any other provision. 10.6 Caotions and Paraeraoh Headines - Captions and paragraph headings used herein are for convenience only and are not a pan of this Agreement and shall not 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 governed by the laws of the State of California and constitutes the entire agreement between the panies 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 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.t Upon actual delivety,.ifdelivery 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 to.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 pany 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 Depanment First Floor 670 East Gilbert Street San Bernardino, California 92415-09 t5 DRAD.ACR 12/2IlI9S Pap 3014 RJ)96.a:II. 'l'BC 12/2IlI9S I n, 96--215 I I~ ~~NESS ~EREOF' respective signatures. the panies hereto have hereunto set the'ir hands and seals on the date set fonh below their COUNTY OF SAN BERNARDINO Sign Name ~.A~-./-J/A J ~ ~~.I --- L- Chairman. Board of Supervisors CUSTOMER ~~' Sign Name / ~( U-:~ / ~ Date MAR 0 5 1996 96-167 Date l'om ftllNof2- /M'iefJ- :k1,Qb Print Name MARSHA TUROCI Print Name Titte Approved as to form and legal content: James F. Penman, City Attorney - S~S~:EO ANO CERTIFIEO THAT A COPY OF THIS o8CUMPlT HAS BEEN DELIVERED TO THE CHAIR. M.iN CF THE BOARD. EARlE~.E SPR . T C!!rlt ,. of <5 By IX).It.AD.Aca ''''''''' ..... hi. 1DOO4ll.sIC """""