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Home My WebLink About1996-216 r . " 1 2 96-216 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A 3 FISCAL YEAR 96/97 MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF PUBLIC SAFETY MOBILE DATA 4 TERMINALS FOR THE CITY OF SAN BERNARDINO" 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Mobile data terminals for a total amount of $52,500.00, 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 The authorization to execute the above referenced agreement order is rescinded if it is not issued within sixty (60) days of the passage of this resolution.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 Bernardino at a regular meeting thereof. held on the 25 day of July IIII IIII IIII IIII IIII IIII IIII IIII , 1996, by the following vote, to wit: 26 27 28 1 RES 96-2l6 UTU- -- 'RESOLUTION AUTHORIZING FISCAL 96/97 ~AINTENANCE SERVICES AGREEMENT WITH COUNTY FOR MAINTENANCE OF MOBILE DATA TERMINALS. 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 Councilmembers AYES NAYS ABSTAIN ABSENT NEGRETE X CURLIN X ARIAS X OBERHELMAN X DEVLIN X ANDERSON X MILLER X -- ~~ ~ The foregoing resolution is hereby approved this I?I! day of July , 1996. ~1-J1i{~~ . Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: .'-"0 Pe-vv.~ '- 2 RES 96-2l6 , MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO 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 from July I, J 996 through June 30, 1997 in the amounts indicated: Ai: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 RECOMMENDA nON: County Standard Practice II-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] 5, 1996, 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 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 AClion of the Board of Supervisors APPR,9V~D BOARD(lF SUPERVISORS fit\;\.lNTY OF SAN BERl,(ARDINO . . ~ , MOTION SECONO MOVE ,\ AYE ABSENT 3 ': 4 5 ~~ OF TH&BOARD ,I: .oj j Deputy DATED: !4-95Q7-000 Rev. 10/81 ch ITEM 13 RES 96-2l6 \.. AMENDMENTS TO 800 MHZ MAINTENANCE SERVICES AGREEMENTS WITH THE CITY OF SAN BERNARDINO AUGUST 6, 1996 PAGE 2 OF2 FINANCIAL DATA: Appropriations and revenues associated with these Amendments have been included in the Proposed FY 1996/97 Budget for the ISO-Radio Division (lAM-MHZ). PRESENTER: Dianah Neff, Director, Information Services Department, Tel. (909) 387-7278. ) 8/6/96 ch' #13 RES 96-2l~6_216 w -""'" ..",........~ O/.' E New Vendor Code Dept. Contract Number. M ~ Change SC A f- MHz 96-166AI X Cancel County Department Dept. Orgn. Contractor's License No. Information Services Department ISD MHZ County Department Contract Representative Ph. Ex!. Amount of Contract Pearl Holliday, Staff Analyst (909) 387.7380 $52,500 for 96/97 FY Fund I Dept. ~I Organization I Appr. lObi/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 MobileDigital - - - - Terminal Maintenance - - - - Services Aoreement 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 Information Services 300 North 'D' Street, San Bernardino, CA 92418.0001 Phone (909) 384-5010 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. COUNU,~F SAN BERNARDIN~ . ~ /~~~ Chairman, Board of Supervisors Dated SIGNED AND ~iW~~~'Y~ A COPY OF THIS DOCUMENT fiA'S BEEN DELIY~~O THE CHAIRMAN OF THE BOARD, .' . .> 'ill r" . . ""~'\" ...... !;\ Clerk of thE?'iBoard of Supervisors.f'f it\e County of San Bernardino. i' AUG 6 1996 (State if corporation, company, etc.) ~ ,------ \ By ~ / (.'-;;1/1, nil/!l~ ! , I i (Authorized Signature) """- Dated 1/ I'f fez Ie f l Title /llAv /} 12...- Address i By , Reviewed as to Affirmative Action Reviewed for Processing ~ lcable' ~ Agency Administrator/CAO Date Date Date 02-12295-000 Rev. 11/90 "hort forml Page 1 of RES 96-216 800 MHz MOBILE DIGITAL TER..\oIINAL M.-\INTENA."iCE SERVICE AGREEMENT 1 AGREE:'vI:ENT This is a Maintenance Service Agreement ("Agreement") between the City of San Bernardino (CUSTOMER) and the County of San Bernardino (COUNTY), through the Information Services Department (ISO), for 800MHz Mobile Digital Terminals (MOD in use on the COUNTY's 800MHz RF Data System Backbone, with terms as set fonh in this Agreement and on Schedule A. Such service may be provided through lSD-Radio Division, ISO-Communications, or vendors, at ISO's discretion. 2 TER.'( 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, A1J.y 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 CUSTOl'-I:ER 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 DiVQlClNG 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. Fallure to pay promptly will result in termination of this Agreet'nent. All furore annual payments will be due no later than November 1st of each year. MOTs 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 Remove, reinstall and maintain MDT's that have 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. 5.1.2 Service to be provided during normal County work hours on normal County business days. After hours service will be available on a premium rate basis. 5. I. 3 ISO reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. 5.1.4 ISO assumes no liability for MDT failure in the field, nor for any adverse consequences caused by such failed Equipment. ..., :I)'~" -...- , Plac I 01 ~ \ -- ,.,... 5.l.5 ISO assumes no liability for failure to provide or delay in providing services, under this Agreement, due directly or cadlrectly to causes beyond the control of ISO or other designated repair facility. 5.2 COl..::-iTY will provide the following additional services on a time and material basis: 5.2.t S<rvice required due to CUSTOMER abuse or abnormal wear. 5.2.2 Suvic< (0 cor.ect attempts by CUSTOMER or unauthorized third parties (0 repair or modify ~IOT's.. 5.2.3 Vehicle electrical problems. . . 5.2.~ Services not covered in Section 5.1, to the exteat feasible/cost.effective as determined by ISO. 6 CUSTOMER RESPONSmn.rrmS 6.1 Cl..:STOMER shall provide ISO with model and serial numbers of all MDT's to be covered under this Agreement. 6.2 CUSTOMER shall designate an individual as the single point of contact for maintenance coordination. 6.3 CUSTOMER shall coordinate and schedule service requirements with ISO in advance whenever possible. CUSTOMER may be required to deliver equipment to designated locations, 6.4 CUSTOMER shall advise ISO-Radio Division of all MDT relocations or reassignments, within their fleet, within 24 hours of relocation or reassignment. 7 ASSIGNME:orr This Agreement, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned, and any such assignmeat shall be void and without effect, 8 DEFAULT If the CUSTOMER does not make timely paymeat 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 e;tercise 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 GOVER.'.ME:orr AGENCY FU'NDING 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 tegislative 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 Agreemem from other sources, then CUSTOMER may terminate this Agreement under the terms of this paragraph 9. 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 paymeat of all sums then owed COUNTY under this Agreement. 10 GENERAL TER."fS AND 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 expenses incurred by the COUNTY on account of any claim therefor. 10.2 Permits. CUSTOMER is responsible for obtaining and paying any costs of all permits. licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate. -"".Il1o". -.- Plphr4 -- ..,.. RES 96-2l6 . . to.3 Exercise of COUNTY's Ri2hlS and Authority . The Director for Information Services Department, or his designee, shall have the authority to exercise COUNTY's rights under this Agreement. lO.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 .....greemeot shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional [0 any other remedies in law or equi!)'. IO.S 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. lO.6 Cantions and Para2ranh HeadinlZs - Captions and paragraph headings used herein are for convenience only and are not a part of this Agreement and shall oat be used in construing it. 10.7 All Attachment(s) and Schedule(s) hereto, if any. are an integral part of this Agreement and are incorporated herein by reference. 10.8 Eotire AlZreement - This Agreement shall be governed by the laws of the Stale of California and constitutes the entire agreement between the parties and supersedes all prior negotiations, discussioils and preliminary understanding. This Agreement may be amended as COUNTY and the CUSTOMER mutually agree in writing. AI1y 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. r 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: Ci!)' of San Bernardino 300 North '0" Street San Bernardino. CA 92418 To COUNTY: COWllY of San Bernardino Infotmation Services Department First Floor 670 East Gilbert Street San Bernardino, California 924lS.Q915 -..... -- Placlol4 -.- ..... RES 96-2l6 I., . IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the dale set fonh below their respective signarures. COUNTY OF SAN' BERN'ARDINO CUSTOMER Sign Name ~/~ Sign Name ~~ ~~~.J""~0 Chairman, Board of Supervisors Tille 70/11 ~l NOfl- fr1A 'il> fl... ~-'1,.qb Print Name MARSHA TUROCI Print Name Dale MAR 05 1996 96-166 Dale Approved as to form and legal content: James F. Penman, City Attorney , 16,<..__ SiGNED A~D CERTIFIED THAT A COPY OF THIS OOCU'IIE'iT HAS 8~EN DELIVERED TO THE CHAIR. MAN G~ THE B\)'~RD. ---..... -.- .....01.. - ~