HomeMy WebLinkAbout1995-255
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RESOLUTION NO. 95-255
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
PURCHASE ORDER IN THE AMOUNT OF $60,450.00 TO THE COUNTY OF SAN
4 BERNARDINO FOR MAINTENANCE OF 13 CENTRA-COM II CRT CONSOLES FOR
FISCAL YEAR 95/96.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS.
7 SECTION 1. The Finance Director is hereby authorized and
8 directed to issue a purchase order in the amount of $60,450.00
9 to the County of San Bernardino for maintenance of 3 Centra-com
10 II CRT consoles for fiscal year 95/96.
11 SECTION 2. The Mayor is hereby authorized to represent the
12 city in signing the attached service agreement.
13 SECTION 3. 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14 referenced purchase order is rescinded if it is not issued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.
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19 of
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common
adjourned
Bernardino at a n regular
Council of the City of San
meeting thereof, held on the
24th dy
July
, 1995
, by the following vote, to wit:
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE
ORDER IN THE AMOUNT OF $60,450.00 TO THE COUNTY OF SAN
2 BERNARDINO FOR MAINTENANCE OF 13 CENTRA-COM II CRT CONSOLES FOR
THE 95/96 FISCAL YEAR.
ABSTAIN
ABSENT
G ~~ Gt-a-^L
'-.. city Clerk
cJ.1;J.
14 The foregoing resolution is hereby approved this
of July , 199 5
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Approved as to form
19 and legal content:
20 James F. Penman,
City Attorney
21 By: k",,- 'J. fcl/W'L
o ~.
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Tom MJ.nor, Mayor
city of San Bernardino
I}!-:. . \ ~ -;'
95-25~
EXHIBIT A
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RADIO DISPATCH EQUIPMENT
MAINTENANCE SERVICES AGREEMENT
1 AGREEMENT
This is a Maintenance Services Agreement ("Agreement") between The citv of San
Bernardino (CUSTOMER) and the County of San Bernardino' (COUNTY), through the
Department of Informtion Services (DIS), for Maintenance Services on Radio Dispatch
Equipment (Equipment) as set forth in this Agreement and on Schedule A. Such services
may be provided through DIS or vendors, at 015' discretion.
2 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, 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. 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.
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 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 "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. OIS shall determine whether or not defects are
normal wear and usage, said determination will be final. Repair work will
be performed at SAMU, DIS-Communications, or other DIS-prescribed
location.
5.1.3 Service to be provided twenty-four (24) hours per day, 7 days per week
with a two (2) hour response time.
5.1.4 DIS reserves the right to subcontract for all or part of services from
authorized Motorola repair facilities.
RAD-DIS.AGR - May 25, 1995
Page 1 of 4
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5.1.5
DIS assumes no liability for Equipment failure in the field, nor for any
adverse consequences caused by such failed Equipment.
OIS 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 OIS or other designated repair facility.
5.2 COUNTY will provide the following additional services on a time and material
basis:
5.1. 6
5.2.1 Service required due to CUSTOMER abuse or abnormal wear of Equipment.
5.2.2 Service to correct attempts by CUSTOMER or unauthorized third parties to
repair or modify Equipment.
5.2.3 Facility electrical problems at CUSTOMER location(s).
5.2.4 Services not covered in Section 5.1, to the extent feasible/cost-effective
as determined by DIS.
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 RESPONSIBILITIES
6.1 CUSTOMER shall own its own Equipment.
6.2 CUSTOMER shall provide DIS with model and serial numbers 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 requirements with OIS 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 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.
9 GOVERNMENT AGENCY FUNDING
The CUSTOMER states that it is its 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 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 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 return any rental equipment pursuant to the terms of
this paragraph, COUNTY shall retain all sums paid under this Agreement by the CUSTOMER.
10 GENERAL TERMS AND CONDITIONS
10.1 Indemnification - CUSTOMER agrees to indemnify, defend and hold harmless the
COUNTY and its authorized agents, officers, volunteers and employees against any
RAD-DIS.AGR - May 25, 1995
Page 2 of 4
and all claims or actions arising from CUSTOMER's acts, errors or omissions and
for any costs or expenses incurred by th.. 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 Riahts and Authoritv - The Assistant Administrative Officer
for 01S (AAO-D1S), 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 Validitv - 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 Paraaraoh 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.
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 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.
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:
10.9.1
10.9.2
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
Three (3) days following delivery into the First Class United States
niail.
10.9.3
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:
Department of Informantion Services
County of San Bernardino
First Floor
670 East Gilbert Street
San Bernardino, California 92415-0915
RAD-DIS.AGR - May 25, 1995
Page 3 of 4
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the
date set forth below their respective signatures.
COUNTY OF SAN BERNARDINO
CUSTOMER
By
By
Name
Dianah Neff
Name
Title
Director of Information Services
Title
Date
Date
RAD-DIS.AGR - May 25, 1995
Page 4 of 4
{'o.
RADIO DISPATCH EQUIPMENT
MAINTENANCE SERVICE AGREEMENT
SCHEDULE A
NlJIBER ADVANCE
EQUIPMENT MONTHLY OF MONTHLY ANNUAL FEE
TYPE FEE UNITS COST
Centra-Com I I CRT console and $387 . 50 13 $5 , 037 . 50 $60, 450 . 00
related 800 MHz Central Electronics
Equipment .
TOTAL $387 50 13 $5 , 037 . 50 I ...........$~g;~s.~!iiii..1
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.
RAD-DIS.AGR - May 25, 1995
I rl'
95-255
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.
Risk Manager
City of San Bernardino
Date
Risk Manager
County of San Bernardino
Date