Loading...
HomeMy WebLinkAbout1993-439 1 RESOLUTION NO. 93-439 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE OPERATION AND 3 USE OF THE SAN BERNARDINO COUNTY 800MHZ RADIO COMMUNICATIONS SYSTEM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of the city an agreement by and between the city 8 of San Bernardino and the County of San Bernardino for the 9 operation and use of the San Bernardino County 800 MHz Radio 10 Communications System, a copy of which is attached hereto, marked 11 Exhibit "A", as fully as though incorporated at length. 12 SECTION 2. This authorization to execute the above-reference 13 agreement is rescinded if the parties to the agreement fail to 14 execute it within sixty (60) days of the passage of this 15 16 17 18 19 20 resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San meeting thereof, held on the 6th day Bernardino at a reqular of , 1993, by the following vote, to wit: December 21 councilmembers ABSTAIN ABSENT NAYS AYES 22 NEGRETE 23 CURLIN 24 HERNANDEZ 25 OBERHELMAN 26 DEVLIN 27 POPE-LUDLAM 28 MILLER x x x x x x x 93-439 RESOLUT,ION OF THE CITY OF SAN BERNARDINO !l-UTHORIZIN9 AN AqREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE OPERATION AND USE OF THE SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATION SYSTEM, 1 2 3 4 5 6 7 The foregoing resolution Dece-.mber , 1993. Approved as to form 8 and legal content: 9 JAMES F. PENMAN city At orney '1 , l;~^- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: AMM~ ~f City Clerk 10,JidrJ it ;,.oa;vai.AoJ'vu{)jyz(L)) ---,-(' is hereby approved this <::::',\1"'0 day of ~;P)Yll tl{ZM~ om Mincfr, Mayor City of San Bernardino 2 93-439 , . AGREEMENT FOR TIIE OPERATION AND USE OF TIIE SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATIONS SYSTEM This AGREEMENT FOR THE OPERATION AND USE OF THE SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATIONS SYSTEM ("Agreement") is entered into by and between the County of San Bernardino, a body politic, hereinafter designated as "COUNTY", and City of San Bernardino, hereinafter designated as "USER", on the date signed by the COUNTY. WITNESSETH: WHEREAS, in the administration of county and city government within the County of San Bernardino, and the efficient operation of public safety and local government agencies within such governmental units, the maintenance and operation of an 800 MHz Radio Communications System ("SYSTEM") is desirable. WHEREAS, COUNTY and USER have requirements for public safety and local government radio communications, and WHEREAS, COUNTY has developed and owns an 800 MHz Radio Communications System which meets the public safety and local government radio communications needs of the COUNTY and USER, and WHEREAS, said 800 MHz Radio Communications System will be available for the mutual use and benefit of the COUNTY and USER, and WHEREAS, it is recognized that other and subsequent users will desire to use this 800 MHz Radio Communications System, and ~3~39 WHEREAS, the SYSTEM will require appropriate procedures for administering the addition and/or removal of subsequent or current users, planning and implementing future SYSTEM modifications, and developing and implementing operational policies beneficial to COUNTY and all users, NOW, THEREFORE, in cOl15ideration of the mutual covenants, conditiol15, agreements, and stipulatiol15 hereinafter expressed, the COUNTY and USER hereby agree as follows: 1. An 800 MHz Radio Communicatiol15 System has been established and is owned by the COUNTY. Said SYSTEM is composed of two component parts, SYSTEM backbone ("BACKBONE") and SYSTEM field equipment ("FIELD EQUIPMENT'). BACKBONE is defined as tbat portion of the SYSTEM that provides the meal15 by which dispatch centers, public safety 10catiol15, mobile radios, and portable radios communicate with each other via voice transmission, and is composed primarily of fixed relay equipment, and associated centralized dispatch and control equipment. FIELD EQUIPMENT is defined as that portion of the SYSTEM that uses the BACKBONE for communications, and cOl15ists primarily of local dispatch arrangements, mobile radios, and portable radios. As pertail15 to this Agreement, BACKBONE, FlELD EQUIPMENT and SYSTEM exclude data communicatiol15 ((Mobile Digital Terminals (MDTs) and required support equipment)). A. The primary purpose of the SYSTEM is to serve the COUNTY and accommodate participation by public safety and local government agencies in the County of San Bernardino. B. Secondarily, additional governmental and related non-governmental subsequent users may be allowed or denied access to the SYSTEM as conditiol15 warrant, and as provided for by this Agreement. OMS/800JA/1-22-91 2 .93,,439 C. TIle COUNTY may from time to time enter into such agreements or contracts with various vendors for purchase or lease, installation, service and maintenance of the DACKBONE as may be necessary and required in ('lrder to effectuate the purposes and objectives of this Agreement. All such agreements or contracts shall comply with applicable State Law. D. The 800 MHz System Operations Advisory Committee, hereinafter referred to as "Committee", represents the COUNTY and all governmental users of the llACKBONE. The Committee shall advise the COUNT~, as requested, on matters pertaining to the overaIl operation, maintenance, and modification of the llACK130NE, and shall be comprised of one representative from each legal governmental entity which uses the DACKBONE, one representative from the COUNTY's Office of Management Services, one representative from the COUNTY's Administrative Office, one representative from the COUNTY's Sheriffs Department, and may include non-voting representation (one each) from each other non-COUNTY Public Safety 800 MHz system operating in the County of San Dernardino. The Committee shall be chaired by the representative from COUNTY's Office of ~fanagemcnt Services, and shall meet as required. Committee !'Ilall establish subcommittees as appropriate. The COUNTY reserves complete authority and control over all matters concerning the SYSTEM. 2. This Agreement shall take effect when approved by the COUNTY, and shall remain in effect until the COUNTY or the USER, at the sole discretion of each, determines to terminate the Agreement by giving ninety (90) days notice of termination to the other. Such termination shall not relieve said USER of any financial obligation assumed as a part of this Agreement. However, the USER shall not be responsible for any financial obligations assumed by OMSj800JAjll-6-91 3 91-4-39 '''. COUNTY subsequent to said termination. Similarly, it is understood that COUNTY has ownership of the BACKBONE and upon any termination of this Agreement by COUNTY or by USER, any amI all rights, lille, and interest in the BACKBONE shall remain with the COUNTY. USER shall retain all rights, title, and interest in its own FIELD EQUIPMENT. 3. COUNTY shall: A. Negotiate and enter into agreements or contracts with various vendors as contemplated by Section l.C of this Agreement. B. Make payments due and payable under such agreements. C. Negotiate and enter into agreements with subsequent Public Safety and Local Government entities to access the BACKBONE, provided that: I) Any such subsequent Public Safety and Local Government entity hereafter desiring to become a user of the SYSTEM may do so (upon approval by COUNTY) by executing a duplicate copy of this Agreement and assenting and agreeing to all of the terms, conditions, and costs hereof. 2) Any additional terms, conditions, and costs for entry shall be included in an addendum to the duplicate Agreement. 3) COUNTY shall confer with the Committee regarding the appropriate _additional terms, conditions, and costs to be included in said addendum. 4) COUNTY is under no obligation to accept any new user(s). OMS/800JA/1-22-91 4 , . 93-439 4. USER and COUNTY agree to the following: A. USER shall pay COUNTY, on a monthly basis, its respective billed participation fcc, based on a schedule of fees for such services published annually by COUNTY. Initial rates, terms, and conditions are attached to this Agreement as Exhibit A, "County of San Bernardino/BOO MHz Countywide Radio System/Voice Radio System Rates (Per Radio Per Month)". COUNTY shall present proposed revised monthly participation fees to Committee after the second year of BACKBONE operation by the COUNTY and each year thereafter, based on cost data accumulated by COUNTY. COUNTY will set and publish revised annual participation fees after discussion with the Conunittee. B. COUNTY shall provide Committee an annual financial report. Said financial report shall include an accounting of all USER payments; wages and other payments to COUNTY employees and others supporting the management, administration and maintenance of the BACKBONE; and other operational cost items. C. USER shall, at USER expense and future financial liability, purchase and maintain its own FIELD EQUIPMENT. D. USER shall, at USER expense, expand or modify existing USER structurcs, facilities, or dispatch ccnters as required to support the installation of USER's FIELD EQUIPMENT. E. COUNTY shall not be held liable for any delay or failure in performance of any part of this Agreemcnt from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, OMSj800JAjl-22-91 5 . 9l...-439 labor disputes, embargoes, epidemics, war, 'terrorist acts, riots, insurrections, fire, explosions, earthquakes. nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusua\1y severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. 5. BACKBONE MODIFICATION (POST BACKBONE IMPLEMENTATION) A COUNTY may determine that BACKBONE modification is needed from time to time to meet the changing needs of COUNTY and/or users. B. Future BACKBONE modifications wi\1 be funded and implemented by COUNTY. Cost sharing shall be determined in acc~rdance with Section 5(C) below. C. Cost sharing of future BACKBONE modifications shall be determined based on the benefit to be derived by USER. (1) Costs for the implementation, operation and maintenance of any modification requested by and benefilling only a single user shall be borne solely by that user. (2) If modification improves service only in/for a definable local area, any users in such definable local area, and participating in and receiving direct benefit from the modification, sha\1 share the costs for its implementation, operation, and maintenance. OMS/800JA/1-22.91 6 , 93:;:439 (3) If the modification benefits all BACKBONE users, costs for the implementation, operation, and maintenance shall be borne by all users. 6. RELATED NON-GOVERNMENTAL USERS A Where not in conflict with Federal Communications Commission (FCC) Regulations or other laws, non-goverrunental subsequent users who, from time to time, have need to communicate with public safety/local government services during emergencies or in their daily support of public safety/local government services, may be considered for participation in the SYSTEM. '1l1is use may be subject to approval by COUNTY. Such use may include the day-to-day operations of said non-goverrunental subsequent users on a non-interfering, prioritized basis, subject to channel loading limits, as determined by COUNTY. B. '1l1e COUNTY shall be responsible for coordinating BACKBONE access and implementing terms and conditions of such use, including one-time and recurring costs to be paid by such new users. C. Non-governmental subsequent users of the BACKBONE shall be monitored by COUNTY. If, in the future, the needs of public safety/local government expand to the point of competition with non-governmental subsequent use of the BACKBONE, said non-governmental subsequent users may be required by the COUNTY to vacate their use of the BACKBONE. D. Non-governmental subsequent users shall generally be removed in reverse order of their entry into the SYSTEM, Le., the last user to enter the SYSTEM will customarily be the first to be removed except when a user voluntarily relinquishes participation. OMS/800JA/1-22-91 7 . 9:h439 .,. E. Non-governmental subsequent users who are being removed from the SYSTEM shall be given sufficient time, not less than ninety (90) days, to transfer their operations to another communications system. 7. BACKBONE OPERATIONAL POLICIES A BACKBONE operational policies may be proposed by the Committee or the COUNTY, and are subject to review by the Committee, but must be approved and established by the COUNTY. Said policies shall insure, as much as possible, that each user of the SYSTEM is treated equitably and that each user has sufficient communications (e.g., Talk Groups) authorized to meet their legitimate needs, commensurate with available BACKBONE resources (e.g. Talk Groups), as identified by COUNTY. B. Communications capabilities (e.g., Talk Groups) above those recommended by the Committee to meet a user's customary and legitimate needs will carry an additional charge, as per Exhibit A "County of San Bernardino/800 MHz Countywide Radio System/Voice Radio System Rates (Per Radio Per Month)" attached hereto. . C. Public Safety users shall have operational priority over all other SYSTEM users. D. COUNTY has the final authority, at all times, to exercise discretionary control over the BACKBONE, so as to insure the ability of immediate- need public safety agencies to communicate, and/or to otherwise manage BACKBONE traffic to the overall benefit of all BACKBONE users. . OMS/800JA/1-22-91 8 93-:439 8. INDEMNIFICATION AND INSURANCE A. TNDEMNTFlCATION - The USER agrees to indemnify, defend and hold hannless the COUNTY and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from USER's acts, errors or omissions arising out of this Agreement, and for any cost or expenses incurred by the COUNTY on account of any claim tberefor. In addition, the USER agrees to indemnify and bold the COUNTY b:mnJess for any of the COUNTY's negligent acts or omissions (excepting gross negligence or willful misconduct) arising out of this Agreement. B. INSURANCE . In order to accomplish the indemnification berein provided for, but without limiting the indemnification, tbe USER sba1\ secure and maintain throughout the term of the Agreement the following types of ins..uance with limits as sbown: (1) Workers' Comrensation . A program of Workers' Compensation insurance or a state. approved Self.Insurance Program in an amount and form to meet a1\ applicable requirements of the Labor Code of the State of California, including Employer's IJability with S250,OOO limits, covering a1\ persons providing services on be~a1f of the USER and a1\ risks to sucb persons under this Agr~ement. (2) Comprehensive General LiabilitY Insurance -. This coverage to include contraC1Ual coverage. The policy sha1\ bave combined single limits for bodily injury and property damage of Dot less tban one milliC'n dollars (S1,OOO,000). OMS/800JA/1.22.91 9 , . 93-43,9 "', " c. ADDmONAL NAMED INSURED. All policies, except for the Workers' Compensation coverage, shall contain additional endorsements naming the COUNTY, its employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. D. WAIVER OF SUBROGATION RIGHTS. USER shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, volunteers, emplo)'ees, contractors and subcontractors. E. POLICIES PRIMARY M'D NON-CONTRffiUTORY . All policies required above are to be primary and non-contributory with any insurance or sell-insurance programs carried or administered by the COUNTY. F. PROOF OF COVERAGE. User shall immediately furnish certificates of insurance to the COUNTY evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days prior written notice to the COUNTY, and shall maintain such insurance from the time USER commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, the contractor shall furnish certified copies of the policies and endorsements. G. 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 Manager determines that any 10 OMS/800JA/l.22.91 93-4.39 . .', of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of tbe COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change tbe 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. (1) Any such reduction or waiver for tbe entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to tbis Agreement. USER agrees to execute any sucb amendment within thirty (30) days of receipt. 9. The COUNTY's Office of Management Services (OMS), acting on behalf of the COUNTY. is autborized to discharge aU functions ascribed to COUNTY in this Agreement, except those specifically reserved by law to the Board of Supervisors, 11 OMS/800JA/I-22-91 93-439 IN WITNESS WHEREOF, tbe parties bereto have hereunto set their hands aDd seals on the date set forth below their respective signatures. COUNTY OF SAN BERNARDINO USER: CITY OF SAN BERNARDINO By ~ airman, Board of Supervisors By See next page Date JAN 11 1994 Title Date he Board of Supervisors By Date JAN W994 94-35 Approved as to Legal Form: AlAN K. MARKS, County Counsel San Bernardino County, California By Date 12 OMS/800JA/1-22-91 93-4;39 , AGREEM~NT FOR THE OPERATION AND USE OF THE SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATIONS SYSTEM. 1 2 3 ATTEST: CITY OF SAN BERNARDINO 4 -d \ ~(~;::t 1A{Ai~ I ayor I{ Mki CfrvJu City Clerk 6 ~ W~fnedmCV/ ~k~ 5 7 8 Approved as to form and legal content: 9 10 JAMES F. PENMAN 11 city Attorney 12 By: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12