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HomeMy WebLinkAbout1995-079 " . 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. 95-79 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $8,880.00 TO THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF THE CITY'S 800 MHZ BACKBONE RADIO EQUIPMENT, INCLUDING MOSCAD HOST AND REMOTE STATIONS, PRIME AND REMOTE SITE CONTROLLERS, MSF 5000 REPEATERS AND SUPPORTING EQUIPMENT. 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 $8,880.00 for 800 megahertz backbone maintenance to the County of San Bernardino; such award shall only be effective upon the issuance of a Purchase Order by the Finance Director. SECTION 2. The authorization to execute the above 14 referenced purchase order is rescinded if it is not issued 15 within sixty (60) days of the passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the city of San 18 19 20 21 22 23 24 25 26 27 28 Bernardino at a regular meeting thereof, held on the 20th dy of March 199 5 , by the following vote, to wit: / / / / / / / / / / / / / / / / / / / / / / / / / / / / 1 ~r~' [,'1 ~ : I. ".1.,,-.- 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 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $8,880.00 TO THE COUNTY OF SAN BERNARDINO 2 FOR 800 MEGAHERTZ BACKBONE MAINTENANCE. council Members: AYES NAYS ABSTAIN NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x ~~ The foregoing resolution is hereby approved this cSIJ. n,( dy of March , 199 5 ~..''''1 \ /r"Jt l. JY [{,U7t"--. Tom Minor, Mayor city of San Bernardino Approved as to form and legal content: James F. Penman, city Attorney By;f~ )!b= 2 . 9')': 7"1 &"'f//v.". t.. ADDENDUM TO CONTRACT Amend 10.1 Indemnification as follows by inserting: 10.1 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 .' 95.1,,/ ." -. '. t:> '__ A I~,\'//l/~ ,~, '.-.- BOO I 1z BACKBONE RADIO EQUIPMENT MAIl ~ENANCE SERVICES AGREEMENT 1 AGREEMENT This is a Maintenance Ser,ces Agreement ("Agreement") between The Citv of San Bernardino (CUSTOMER) and he County of San Bernardino (COUNTY), through the Office of Management Services (OM ), for Maintenanc:;e services on 800 MHz Backbone Radio Equipment (Equipment) as set forth in this Agreement and on Schedule A. Such services may be provided through OMS ~r vendors, at OMS' discretion. 2 TERM The term of this Agreement ! execution and shall continl renewed, after this term, f( at any time after the initia written notice given to the for such termination. Any calendar month. Neither par termination. lal1 commence on the first day of the month following its , for an initial term through June 3D, 1995 and may be : an indefinite period. This Agreement may be terminated term with or without cause by CUSTOMER or by COUNTY upon >ther at least thirty (30) days before the date specified such termination date shall coincide with the end of a y shall incur any liability to the other by reason of such 3 CUSTOMER REPRESENTATIONS The CUSTOMER represents tha representative of the CUSTOI CUSTOMER's behalf. the person signing this Agreement is a duly authorized cR and has the authority to execute this Agreement on the 4 INVOICING During the term of this Ag eement, the CUSTOMER shall pay as minimum payments the amount of the installments, 'lown on schedule A. The first payment shall be due upon commencement of this Agreeme t. Failure to pay promptly will result in termination of this Agreement: All future ,nnual payments will be due no later than November 1st of each year. Equipment 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 prov de the following services without additional cost (pre- scheduling is request' 1) I 5.1.1 Maintain suffic that is removed Remove, reinsta) normal wear and normal wear and be performed location. Service to be F with a two (2) ] OMS reserves th authorized Moto: ant "Loaner" Equipment to temporarily replace Equipment from service for maintenance reasons. l and maintain Equipment that has become defective during usage. OMS shall determine whether or not defects are sage, said determination will be final. Repair work will SAKU, OMS-Communications, or other OMS-prescribed 5.1.2 5.1.3 ovided twenty-four (24) hours per day, 7 days per week )ur response time. right to subcontract for all or part of services from )la repair facilities. 5.1.4 ;, UtT ;]R D-DIS.AGR . 09/01/93 (sw) Page 1 of 4 .' ,./ir- -;:7 5.1.5 5.1.6 OMS assumes no adverse conseq1 OMS assumes nc services, unde beyond the coni iability for Equipment failure in the field, nor for any .mces caused by such failed Equipment. liability for failure to provide or delay in providing this Agreement, due directly or indirectly to causes 01 of OMS or other designated repair facility. 5.2 COUNTY will provide :he following additional services on a time and material basis: 5.2.1 Service requir. cI due to CUSTOMER abuse or abnormal wear of Equipment. 5.2.2 Service to cor,pct attempts by CUSTOMER or unauthorized third parties to repair or modi" Equipment. 5.2.3 Facility electJ cal problems at CUSTOMER 10cation(s). 5.2.4 Services not co ered in Section 5.1, to the extent feasible/cost-effective as determined I . OMS. 5.2.5 Program or re-; .ogram equipment at CUSTOMER's request or in response to abnormal wear ,nd usage. County-originated systems reconfigurations excepted. 6 CUSTOMER RESPONSIBILITIES 6.1 CUSTOMER shall own il , own Equipment. 6.2 CUSTOMER shall provic OMS with model and serial numbers of all equipment to be covered under this A~ 'eement. 6.3 CUSTOMER shall desic ,ate an individual as the single point of contact for maintenance coordinat on. 6.4 CUSTOMER shall coordi',ate and schedule service requirements with OMS in advance whenever possible. 7 ASSIGNMENT This Agreement, or any int rest 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 m; ,e timely payment of amounts due under this Agreement or breaches any term or condit on of this Agreement, COUNTY may declare immediately due and payable the entire amo nt of unpaid monthly Agreement payments, plus all other amounts due hereunder, less lny unearned charges. COUNTY may also exercise all rights and remedies of a secured ) lrty under the Uniform Commercial Code (or other similar law) of the State of Calif, 'nia and pursue any other remedies existing in law or in equity. 9 GOVERNMENT AGENCY FUNDING The CUSTOMER states that i1 under this Agreement. HOI CUSTOMER, its legislative b, Agreement for any fiscal y( continue this Agreement frof under the terms of this para CUSTOMER shall, within thiJ which its legislative body stating that its 1egislativ accompanied by the payment CUSTOMER shall return to CC good condition (reasonable, In the event the CUSTOMER n this paragraph, COUNTY shall " GENERAL TERMS AND CONDITION is its intent to make all payments required to be made ,ver, in the event, through no action initiated by the ly does not appropriate funds for the continuation of this lr, after the first fiscal year, and it has no funds to other sources, then CUSTOMER may terminate this Agreement raph 10. To effect the termination of this Agreement, the :y (30) days after the beginning of the fiscal year for does not appropriate funds, send COUNTY written notice body failed to appropriate funds. Such notice shall be f all sums then owed COUNTY under this Agreement and the INTY, at the CUSTOMER's expense, any rental equipment in ,ar and tear excepted) to a location designated by COUNTY. .st return any rental equipment pursuant to the terms of retain all sums paid under this Agreement by the CUSTOMER. 10.1 Indemnification - CUE .OMER agrees to indemnify, defend and hold harmless the COUNTY and its authori ed agents, officers, volunteers and employees against any [AI rSlf AD'DIS.AGR - 09/01/93 (sw) Page 2 of 4 11,.'- ~ -" and all claims or act' lns arising from CUSTOMER's acts, errors or omissions and for any costs or ex' :!nses . incurred by the COUNTY on account of any claim therefor. 10.2 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. 10.3 Exercise of COUNTY's Hiahts and Authoritv - The Assistant Administrative Officer for OMS (lillO-OMS), or his designee, shall have the 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 Paraaraph Headinas - 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 All Attachment(s) aod schedule(s) hereto, if any, are an integral part of this Agreement and are incorporated herein by reference. 10.8 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 t',., COUNTY and CUSTOMER. 10.9 Notifications- All notices or demanoE required or permitted to be given or made hereunder shall be in writing and ~h'll be deemed duly given: 10.9.3 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 Three (3) days following delivery into the First Class United States mail. 10.9.1 10.9.2 .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 "D" 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 ;, [/lTSlRAO.D1S.AGR . 09/01/93 (sw) Page 3 of 4 ,. ~.,r- _ .. .("'. . IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below their respective signatures. ~OUNTY OF SAN BERNARDINO -~y frllWL / Office of Management Services Assistant Administrative Officer Date ?:h~/?r . ~ ; IALTSJR^D'DIS.AGR - D9/01/93 (sw) CUSTOMER ~-- -:M " . / ~\ I.,//t.-u.-h / --- -:11 tlI</V - -, iJ ____ 5 -.;-,),4\ By Title Date Page 4 of 4 ." 95Ft .' BOO MHz BACKBONE RADIO EQUIPMENT MAINTENANCE SERVICE AGREEMENT SCHEDULE A '--" ~ IlUMllER ADVANCE EQUIPMENT MONTHLY OF MONTHLY ANNUAL FEE TYPE FEE UNITS rosT - OSCAD System Host and 11 stations $80.00 1 $80.00 $960.00 SF 5000 Repeaters $80.00 25 $2000.00 $24,000.00 rime Controllers $80.00 2 $160.00 $1,920.00 emote Site controllers (RF-Digital, $80.00 2 $160.00 $1,920.00 Q,jems, UPS) ntenna Systems (Antenna, Amplifier, $80.00 3 $240.00 $2,880.00 ombiner and Feedlines) irnulcast/Microwave Distribution, $80.00 4 $320.00 $3,840.00 Spectratac & Digital Simulcast net) TOTAL $480.00 37 $2,960.00 I $35,'!i~O;0(rl [ I r F F r 1 C ( t A. Fees are to be paid ~nnually. 8. 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. <. -... " IALTSJRAD-OIS.AGR . 09/01/93 (sw)