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Home My WebLink About1995-078 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. 95-78 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $11,250.00 TO THE COUNTY OF SAN BERNARDINO FOR THE MAINTENANCE OF 300 STX GEMINI PORTABLE RADIOS AND 325 SPECTRA MOBILE RADIOS, FOR THE LAST THREE MONTHS OF THE 94/95 FISCAL YEAR. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Finance Director is hereby authorized and directed to issue a purchase order in the amount of $11,250.00 to the County of San Bernardino for the maintenance of 300 STX Gemini portable radios and 325 Spectra mobile radios, for the last three months of the 94/95 fiscal year. SECTION 2. The authorization to execute the above referenced purchase order is rescinded if it is not issued within sixty (60) days of the passage of this resolution.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 20th March day of , 1995 by the following vote, to wit: / / / / / / / / / / / / / / / / / / / / / / / / / / / / 1 ~ ." ;(:? ~ ~~~..". /, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~cAd ~ ci Clerk :?J I'-<{ The foregoing resolution is hereby approved this day of March , 1995 Approved as to form and legal content: James F. Penman, CHiomey By: ~ ? fe-v""V~ 2 ~;\-,)till(/- I Tom M~nor, Mayor City of San Bernardino , I. 9-~/- 7,f- /?,!-";;;//,J4/ 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. ~t~ (;~ (?/'-:". . "'~ - "/'1 ,~ ."- I' I. ,Y, I k_ i' .- - /' .IJ " " "" .....""'NTY_ . ~ BOO MHz MOBILE/PORTABLE RADIO 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 Office of Management Services (OMS), for BOOMHz Mobile/Portable Radio (Equipment) Maintenance Services as set forth in this Agreement aod on Schedule A. Such services may be provided through OMS' BOOMHz System Administration and Management Unit (SAMU) , OMS- Communications, or vendors, at OMS' discretion. >. 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, 1995 and may be renewed, after this term, for an iodefinite 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 shall incur any liability to the other by reason of such termination. 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 th~ installments shown on Schedule A. The first payment shall be due upon commencement of this Agreement, or no later than November 1, 1994. 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 without 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. OMS shall determine whether or not defects are normal wear and usage, said determination will be final. Repair work will be performed at SAMU, OMS-Communications, or other oMs-prescribed location. 5.1.3 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. , 80')- IlHS. 2/6- 23-92/OI4S- FAD/SW Page 1 of 4 5.1.4 OMS reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. 5.1.5 OMS assumes no liability for Equipment failure in the field, nor for any adverse consequences caused by such failed Equipment. 5.1. 6 OMS 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 OMS 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. 5.2.2 Service to correct attempts by CUSTOMER or unauthorized third parties to repair or modify Equipment. 5.2.3 Vehicle electrical problems. 5.2.4 Services not covered in section 5.1, to the extent feasible/cost-effective as determined by OMS. 5.2.5 Program or re-program radios at CUSTOMER's request or in response to abnormal wear and usage. county-originated systems reconfigurations excepted. 6 PORTABLE RENTAL EOUIPMENT 6.1 The portable 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 portable 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 portable 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 'CUSTOM~R shall own its own Equipment. 7.2 CUSTOMER shall provide OMS with model and serial numbers of all mobile/portable 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 OMS in advance whenever possible. CUSTOMER may be required to deliver equipment to designated locations. 7.5 CUSTOMER shall advise SAMU of all radio relocations or reassignments, within their fleet, within 24 hours of relocation or reassignment. 1 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. ; OOt'. RMS. 2/6- 23-92/0115- F AD/SII Page 2 of 4 /.,:- 7('" 9 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 Commercial 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 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 fuods, 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 conditioo (reasonable wear and tear excepted) to a locatioo 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. , 11 GENERAL TERMS AND CONDITIONS 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 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. 11.3 Exercise of COUNTY's Riahts and Authoritv - The Assistant Administrative Officer for OMS (MO-OMS), or his designee, shall have the authority to exercise COUNTY's rights under this Agreement. 11.4 Waiver - No waiver of' a breach of any prov~s~on of this Agreement shall constitute a waiver of any other breach, or of ,uch 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 cumufative and additional to any other remedies in law or equity. 11.5 Va1iditv - The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. 11.6 Captions and Paraaraph Headinos - 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. 11.7 All Attachment(s) and Schedule(s) hereto, if any, are an integral part of this Agreement and are incorporated herein by reference. 11.8 Entire Aareement - 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. 11.9 Notifications'- ~ 80Q.RMS.2/6'23-92/OHS-FAD/S~ Page 3 of 4 -J_":"_ . ( All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be deemed duly given. 11. 9.1 11. 9.2 Upon actual delivery, if delivery is by hand; or Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile; or 11.9.3 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. 'Office of Management Services County of San Bernardino First Floor 670 East Gilbert Street San Bernardino, California 92415-0915 IH WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the datI' set forth below their respective signatures. ::~l)1V~NO Assistant Administrative Officer Office of Management Services CUSTOMER By ~Ut~ / #~hr Title '/11d~ S~ .J-;J--q~ Date Date -.,... . 800-RHS.2/6-23'92/OHS-FAD/SY Page 4 of 4 I. ; . <"Ii; . 19 800 MHz MOBILE/PORTABLE RADIO MAINTENANCE SERVICE AGREEMENT SCHEDULE A [ NU4BER ADVANCE EQUIPMENT MONTHLY OF MONTHLY ANNUAL FEE TYPE FEE UNITS COST K Gemini Portable Radios $6.00 300 $1,800.00 $21,600.00 ectra Mobile Radios $6.00 325 $1,950.00 $23,400.00 TOTAL 625 $3,750.00 Ii $ 4 5;g6g{~~ I 51 ~ A. Fees are to be paid annually. B. Additional equipment will be assessed a prorata fee for the first year, full fee thereafter. C. Fees are subject to periodic adjustment. D.. Fees are subject to pertinent San Bernardino County Code Schedule of Fees. E. Notification of proposed fee changes shall be made to CUSTOMER two (2) months in advance of effective date of such change. One-time Purchase Cost Value: 800KHz Portable Radio - $2,517 all inclusive. ~ ;,