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Home My WebLink About1994-326 1 2 3 4 5 6 7 8 RESOLUTION NO. 94-326 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR IMPLEMENTATION OF AN 800 MHz MOBILE DATA TERMINAL MAINTENANCE SERVICES AGREEMENT FOR THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of the City an agreement by and between the City of San Bernardino and the County of San Bernardino 9 10 for a total amount of $49,200.00, for the City of San Bernardino. 11 for the implementation of an 800 MHz Mobile Data Terminal Maintenance Services Agreement, 12 SECTION 2. The authorization to execute the above referenced agreement order is 13 rescinded if it is not issued within sixty (60) days of the passage of this resolution, 14 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 15 Common Council of the City of San Bernardino at a regular 16 17 18 19 20 meeting thereof, held on the 17th , 1994, by the following vote, to wit: day of October IIIII IIIII IIIII 21 IIIII 94 32~ 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION AUTHORIZING AGREEMENT WITH COUNTY FOR IMPLEMENTATION OF AN 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICES AGREEMENT. 94-326 Council members AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER ---L it~it~ 15 16 1994. 17 18 19 20 21 The foregoing resolution is hereby approved this ~ "{ ,c, day of October -~ {~~ Ralph Hern~ndez, Ma~ Pro Tern City of San Bernardino 22 Approved as to form 23 and legal content: 24 25 26 JAMES F. PENMAN City Attorney 27 By: 28 2 94 326 10.3 Exercise of COUNTY's Riahts and Authoritv - The Assistant Administrative Officer for OMS (AAO-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 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. 10.6 CaDtions and Paraaraoh 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) and Schedu1e(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 mail. 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: Office of Management Services County of San Bernardino First Floor 670 East Gilbert Street San Bernardino, California 92415-0915 800-MDT.2/5-29-92/OMS-FAD/S~ Page 3 of 4 MDT93-July 27, 1994 94 3 2 ~.l. 5 OMS assumes no liability for failure to provide or delay in providing tl 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 MDT's. 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. 6 CUSTOMER RESPONSIBILITIES 6.1 CUSTOMER shall provide OMS 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 OMS in advance whenever possible. CUSTOMER may be required to deliver equipment to designated locations. 6.4 CUSTOMER shall advise SAMU of all MDT relocations or reassignments, within their fleet, within 24 hours of relocation or reassignment. 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 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 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 payment of all sums then owed COUNTY under this Agreement. 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 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. 800-MOT.2/5-29-92/OMS-FAO/SY Page 2 of 4 MOT93-July 27, 1994 94-326 94 326 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT 1 AGREEMENT This is a Maintenance Service Agreement ("Agreement") between The Citv of San Bernardino (CUSTOMER) and the County of San Bernardino (COUNTY), through the Office of Management Services (OMS), for 800MHz Mobile Digital Terminals (MDT) in use on the COUNTY's 800KHz RF Data System Backbone, with terms as set forth in this Agreement and on Schedule A. Such service may be provided through OMS' 800MHz System Administration and Management Unit (SAMU), OMS-Communications, or vendors, at OMS' discretion. 2 ~ 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 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, 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. 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. 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. 5.1.2 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. 5.1.3 OMS reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. 5.1.4 OMS assumes no liability for MDT failure in the field, nor for any adverse consequences caused by such failed Equipment. BOO-MOT,2/5-29-92/OMS-FAD/SU Page 1 of 4 MDT93-July 27, 1994 94-326 94 1?f: . IN WITNESS Wll~EOF, the parties hereto have hereunto set their hands and seals on the date set forth below their respective signatures. 1~}/9,r CUSTOMER By ~ffYL XUi2~ I .... Title 'fkfi-,()tn c! /.v..+- 6~dJ,,.....,j IL ,.. GeT "2 s i'~ ::UN~~NO Assistant Administrative officer Office of Management Services Date Date 800-MDT.2/S-29-92/OMS-FAD/SW Page 4 of 4 MDT93-July 27, 1994 . - J4 326 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT SCHEDULE A EQUIPMENT TYPE IIOIITHLY FEE JUGlER OF ~ITS IIOIITHLY COST ADVANCE ANIIUAI. FEE Motorola 9100-11 800 MHz Mobile Digital Terminal $25.00 164 $4,100.00 $49,200.00 TOTAL 164 $4,100.00 I $49,200.00 I A. Fees are to be paid at least quarterly, in advance. 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. 800-HDT/5-12-92/OMS-FAD/SW MDT93-Julian Date--Org. Initials-