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HomeMy WebLinkAbout1995-080 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 95-80 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $16,956.00 TO THE COUNTY OF SAN BERNARDINO FOR LEASE OF 10 FULL HEIGHT RACKS AND 42 CIRCUITS FOR THE FINAL THREE MONTHS OF FISCAL YEAR 94/95. 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 $16,956.00 to the County of San Bernardino for lease of 10 full height racks and 42 circuits for the final three months of fiscal year 94/95. Such award shall only be effective upon the 12 issuance of a Purchase Order by the Finance Director. 13 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 The authorization to execute the above 14 referenced purchase order is rescinded if it is not issued 15 within sixty (60) days of the passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the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 meeting thereof, held on the 20th Bernardino at a day of March / / / / / / / / / / / / / / / / / / / / / / / / / / / / regular 1995 , , by the following vote, to wit: 1 . - I 1 2 3 , I 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 OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $16, 956. 00 TO THE COUNTY OF SAN BERNARDINO FOR LEASE OF 10 FULL HEIGHT RACKS AND 42 CIRCUITS FOR THE FINAL THREE MONTHS OF FISCAL YEAR 94/95. Council Members: AYES NAYS NEGRETE x x CURLIN HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x ABSTAIN ABSENT' ~~ C~ Clerk The foregoing resolution is hereby approved this ';:'.;2 ,let dv cr March , 199 5 . ----;~;';'"' 1ft! {UA 'rom Minor, Mayor city of San Bernardino Approved as to form and legal content: James F. Penman, city f;ttorney ....-, /1 ~ "7. I/-h..--... By: (/ 2 . . qs,gO OIUL:,.lrI~ L [Lolcl'rn-r A 1>/~' , .I f' . ,I ,0<, . '" .......<P'e'n--.. ~ ~~ SITE LICENSE AGREEMENT by and between COUNTY OF SAN BERNARDINO (COUNTY) and CITY OF SAN BERNARDINO (LICENSEE) for RACK SPACE and/or COUNTY CIRCUITS WHEREAS, LICENSEE desires to use a portion of existing County of San Bernardino microwave circuit (s) (Circuits) and/ or communication site(s) (Site), designated on Schedule A, for LICENSEE's communication and/or for location of and operation of LICENSEE's communication system equipment; and WHEREAS, COUNTY is willing to permit said use of the County Circuits/sites subject to certain conditions; and, WHEREAS, portions of the site are currently excess to the COUNTY's needs. NOW, THEREFORE, in consideration of the execution of this Agreement, the parties mutually agree to the following conditions. 1 DEFINITIONS 1.1 "License" means this License Agreement and any relevant Documents including any Schedules and/or Attachments, all of which are made a part of this License. 1.2 "site" refers individually or collectively to the pnysical property and all the structures thereon, including, therein, County designated rack space, each rack space defined as space for one (1) EIA Standard 19" wide by 2' deep by 7' tall rack or one-half (1/2) EIA Standard 19" wide by 2' deep by 3~' tall rack and the use of cable runs and County designated tower space for the placement of the antenna (s) as may be singularly or collectively approved by COUNTY . - 1.3 "Improvements" (when applicable) refers individually or collectively to the LICENSEE's communication system and related equipment, cabling and antenna (s) as may be Site-Lie - 8/19/91 Revised: 6/7/94 Page 1 of 5 SL94-266-SBCI:rY , 1'!:-l<::!J approved by the Department of Information services (DIS)- Communications Division. 1.4 "circuits" (when applicable) refers individually or collectively to the COUNTY microwave circuit(s) licensed herein for use by LICENSEE. Each circuit is a single 56KB digital channel path for digital routes or a single 9.6KB analog channel for analog routes. 2 LICENSE TO USE COUNTY hereby gives permission, revocable and terminable as hereinafter provided, to LICENSEE to enter the site for the purpose of installing and maintaining Improvements. LICENSEE shall not be permitted to use the site for any other purpose, except by prior written permission of COUNTY. 3 LICENSEE IMPROVEMENTS 3.1 Acknowledqement of Resoonsibilitv LICENSEE acknowledges that the site is essential to COUNTY's fulfilling its mission of public safety and well-being, as well as general government. In light of this, LICENSEE warrants that it will exercise all professional and ethical diligence in safeguarding and restricting access to the site and protecting COUNTY property, of all kinds, at said site. LICENSEE warrants that it will not disturb or tamper with any COUNTY equipment, to include, but not limited, to electronic, electrical, LPG, buildings, towers, grounding systems, antennas, feed lines, etc., at any site. Exercising all diligence, LICENSEE warrants that it will do its utmost to insure the ability of the COUNTY to fulfill its mission at/through the Site. 3.2 Requirements. Limitations. and Installation Conditions - This License is subject to the limitations, requirements and installation conditions as set forth below: 3.2.2 Installation: LICENSEE will observe standard safety practices when climbing towers and when installing Improvements. LICENSEE agrees to install, maintain, and operate its Improvements in accordance with the highest standards prevailing in the communications industry. Installation practices and materials are subject to approval of the Department of Information services- communications Division and the 800MHz system Administration and Management Unit (SAMU). Access: Access to rack space is on an escorted basis using COUNTY DIS personnel at the appropriate DIS standard time and material 3.2.1 Site-Lie - 8/19/91 Revised. 6/1/94 Page 2 of 5 SL94-266-SBCITY ., ~::", ~~ ../ billing rates on a portal-to-portal basis. LICENSEE must request site access three (3) working days prior to desired access date. After hours and emergency access requests will be billed at the standard overtime rate. Equipment changes: Changes and modifications to Improvements, that may alter performance, are to be coordinated between the LICENSEE and the Department of Information Services- Communications Division. power: COUNTY will install electrical power as needed above each rack. The cost for labor and materials to perform this work will be the responsibility of the LICENSEE, payable upon invoice. 3.3 Additional Controllinq Documents - site may be subject to Leases, Licenses, and/or Right-of-Way Grants/Temporary Use Permits secured by the COUNTY from other governmental or private agencies. LICENSEE agrees to be bound by the conditions/covenants of these and is responsible for any related costs that may be incurred directly or indirectly on behalf of LICENSEE's use of the site. 3.2.3 3.2.4 LICENSEE will be furnished with copies of any relevant Documents that may have an impact upon the site. 3.4 Maintenance - The costs of any maintenance and operation of the Improvements shall be at the sole expense of LICENSEE. 3.5 Interference - Improvements shall be located so as not to interfere, physically or electronically, with any of the COUNTY's operations. In the event the COUNTY determines or is notified that the operation of the LICENSEE's Improvements caused or is causing interference to transmission and/or reception of any other communications systems in use in the vicinity of the Site, DIS shall notify LICENSEE to correct the problem and COUNTY reserves the right to immediately remove LICENSEE's equipment from service. If such interference is not eliminated within a twenty- four (24) hour period, COUNTY will immediately terminate this License and take whatever immediate steps are necessary to eliminate said interference, including powering off LICENSEE's equipment without further notification. 4 COUNTY CIRCUITS 4.1 Circuit Control - COUNTY reserves the right to manage and control COUNTY's Circuits from time-to-time for the site-Lie - 8/19/91 Revised. 6/7/94 Page 3 of 5 SL94-266-SBCU:Y , OL;.#) COUNTY's Public Service Requirements. COUNTY will endeavor to give LICENSEE sufficient notice of control but cannot be held responsible for interruption to LICENSEE's usage. 4.2 Maintenance - COUNTY will exercise all reasonable care to insure the availability and quality of its circuits licensed to LICENSEE. However, this License neither carries nor implies any warranty relative to the availability or performance of COUNTY circuits licensed to LICENSEE. LICENSEE has no legal or other recourse in the event of failed or unsatisfactory COUNTY Circuit availability or performance. S GENERAL 5.1 Term - This License is valid until such time as it is terminated by either party, except as otherwise noted. COUNTY or LICENSEE may terminate this Agreement by giving ninety (90) days written notice to the other party of this termination, except COUNTY may terminate immediately in accordance with Paragraph 3.5. 5.2 Indemnification - LICENSEE 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 LICENSEE's acts, errors or omissions and for any costs or expenses incurred by the COUNTY on account of any claim therefor. LICENSEE shall be liable for all claims, demands, actions, and causes of action founded upon the negligence or otherwise wrongful conduct on the part of any employee of LICENSEE attributable to LICENSEE's installation/maintenance or operation of LICENSEE's Improvements on the site. Further, LICENSEE shall release, remise, and forever discharge COUNTY of and from any and all claims, demands, actions, and causes of action, not based upon the intentional acts or negligence of COUNTY, that LICENSEE may acquire by reason of LICENSEE's installation/maintenance or operation of LICENSEE's Improvements on the site. 5.3 Insurance 5.3.1 In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the LICENSEE shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation Insurance or a state-approved a. Si ~-Lic - 8/19/91 Re tsed. 6/7/94 Page 4 of 5 SL94-266-SBCITY ; b. c. 5.3.2 5.3.3 5.3.4 5.3.5 S~ Lie - 8/19/91 Re. ed. 6/7/94 l Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the state of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the LICENSEE and all risks to such persons under this Agreement. Comprehensive General and Automobile Liabilitv Insurance This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) . Errors and Omissions Liabilitv Insurance (if applicable) Combined single limits of $1,000,000 for bodily injury and property damage or Professional Liabili tv (if applicablel Professional liability insurance with limits of at least $1,000,000 per claim. Additional Named Insured All policies, except for the Workers' Compensation coverage, shall contain additional endorsements naming the COUNTY, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. For Professional Liability coverage the COUNTY shall be named as a designated person referencing the Contract No. on the policy. Waiver of Subroqation Riqhts - LICENSEE shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, volunteers, employees, contractors and subcontractors. Policies primarv and Non-contributorv - All policies required above are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the COUNTY. Proof of Coveraqe - LICENSEE shall immediately furnish certificates of insurance and within 60 days provide certified copies of all policies and endorsements to the COUNTY evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which Page 5 of 5 SL94-266-SBCITY certificates shall provide that such insurance shall not be terminated or expire without ninety (90) days written notice to the COUNTY, and shall maintain such insurance from the time LICENSEE commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this License the LICENSEE shall furnish to the COUNTY certified copies of the policies and endorsements. 5.3.6 Insurance Review The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manger determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore required insurance is unreasonably priced or unavailable, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreem'~nt. LICENSEE agrees to execute any such amendment within thirty (30) days of receipt. 5.4 Permits LICENSEE is responsible for obtaining and paying the costs of all permits, other licenses or approvals by any other regulatory bodies having jurisdiction over the uses authorized herein. 5.5 License Fee - LICENSEE agrees to pay COUNTY, at the address specified in Paragraph 5.15, the fees as set forth on Schedule A of this License. 5.6 Compliance - Should LICENSEE fail or neglect: 5.6.1 To comply with any term or condition of this License, or site-Lie - 8/19/91 Revised: 6/7/94 Page 6 of 5 SL94-266-SBCUY . (7~-:,~ ___ ~-: j ~/ - 5.6.2 5.6.3 To comply with any reasonable requirement of COUNTY after thirty (30) days written nc,tice and demand, or To comply with any Master Lease, Agreement, or Permit that the COUNTY is subject to, this License shall be subject to immediate termination. In the event of such termination, if this License involves COUNTY circuits, COUNTY may immediately disconnect such circuits, either electronically or physically. In the event of such termination, LICENSEE shall, if appropriate, immediately remove any and all of LICENSEE's Improvements from the sites and surrender all rights and privileges under this License. If LICENSEE fails to promptly restore the site to its former condition, the COUNTY may restore the site at LICENSEE's sole expense, if appropriate. 5.7 Fiscal Year Appropriations - After June 30th, of the current fiscal year, this License may be terminated subject to the availability of funding if LICENSEE is a government agency. LICENSEE shall provide COUNTY written notification at least ninety (90) days prior to termination effective date under these conditions. 5.8 Exercise of COUNTY's Riqhts and Authoritv - The Director for the COUNTY's Department of Information Services, acting on behalf of the COUNTY, is authorized to discharge all functions ascribed to COUNTY in this Agreement, except those specifically reserved by law to the Board of Supervisors. 5.9 Chanqes & Riqht to Prioritize - COUNTY reserveS the right to make Rack and Tower Space changes, and to prioritize or restrict usage as necessary to optimize overall service effectiveness to the COUNTY and its users. a. b. 5.10 Assiqnments. Subleases. and Transfers - No assignment, sublease, or other transfer of this license, whether voluntary or involuntary, shall be binding upon the COUNTY unless previously approved by the COUNTY in writing. 5.11 Waiver - No waiver of a breach of any provision of this License 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 License shall not be construed as a waiver thereof. The remedies qi1 ~lC - 8/19/91 [\e' <e I: 6/7/94 ;, Page 7 of 5 SL94-266-SBCITY . f~ (?{: herein reserved shall be cumulative and additional to any other remedies in law or equity. 5.12 Validitv - The invalidity in whole or in part of any provision of this License shall not void or affect the validity of any other provision. 5.13 captions and Paraqraph Headinqs - captions and paragraph headings used herein are for convenience only and are not a part of this License and shall not be used in construing it. 5.14 Entire Aqreement - This License 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 License may be amended as COUNTY and the LICENSEE mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the COUNTY and LICENSEE. 5.15 Notifications All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be deemed duly given: 5.15.1 Upon actual delivery, if delivery is by hand; 5.15.2 Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile; or 5.15.3 Three (3) days following deli very into the united states mail if delivery is by postage- paid registered or certified, return receipt requested by 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 LICENSEE: city of San Bernardino " ~ Office of city Administrator 300 North "D" street San Bernardino, California 92418-0001 To COUNTY: Department of Information Services county of San Bernardino 670 East Gilbert street, First Floor San Bernardino, california 92415-0915 51 . ~;c - 8/19/91 F~j K: 6/7/94 Page 8 of 5 SL94-266-SBCITlC ; ,/I/: "': '. I ' WITNESS WHEREOF, the parties hereto have hereunto set their hcmds and seals on the date set forth below their respective signatures. COUNTY OF SAN BERNARDINO )ri~ Director Department of Information By LICENSEE ~}/1 ( By -;-~ / {/{/U/ur\. / services Date -/;u~ ~' oJ;; -'1.f"/ D'co 0~L Title " ~ site-Lic - 8/19/91 Revised: 6/7/94 Page 9 of 5 SL94-266-SBCITY 1s-~O Dfl)i:!-INIlL SCHEDULE A LICENSE FEES Page 1 of 1 1. The Rack Space Rental Fee is $3,840 per year per rack or $1,920 per year year per ~ rack, except as may be adjusted. 2. circuit Fees are based upon the mileage distance zone fram point of origination to termination, or drop, of service. 3. Fees are to be paid semi -armually on or before December 1st and on or before April 1st within each fiscal year (July 1st through June 30th), except in the first year, which shall be prorated for lOClnths remaining in the year and be paid within thirty (30) days of the execution of this License. 4. Fees are subject to periodic adjustment. 5. Fees are subject to pertinent San Bernardino County Code Schedule of Fees. 6. Notification of any proposed fee change shall be made to LICENSEE two (2) lOClnths in advance of effective date of such change. rosr CAIaJIATIOOS RACK SPACE: San Bernardino County Communications site # of Racks 5 5 Estimated Total Annual Fee $19,200.00 19,200.00 Sunset Jurupa Rack-Space Fee Subtotal $38,400.00 COUNTY CIRCUITS: San Bernardino County Communications Site # Monthly of per Circuit Circuits Fee Estimated Total Annual Fee " To Rialto Rialto Little Mtn From Sunset Jurupa Rialto 11 11 20 $902.00 550.00 1,000.00 $10,824.00 6,600.00 12,000.00 $29,424.00 circuit Fee Subtotal TOTAL CHARGES. Rack Space Subtotal From Above Circuit Fee Subtotal From Above Contract Total $38,400.00 29,424.00 $67,824.00 Site-Lic -'8/19/91 Revised: 6/7/94 SL94-266-SBCITY .' . . V 5~ ?() Ok'7l//~"'4 I ADDENDUM TO CONTRACT Amend 5.2 Indemnification as follows by inserting: 5.2 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.