HomeMy WebLinkAbout2005-106
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T
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RESOLUTION NO. 2005-106
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIRST
AMENDMENT TO THE CONTRACT FOR 800 MHz RADIO TIME-AIR SERVICES
BETWEEN THE CITY AND PATTON STATE HOSPITAL.
SECTION 1:
The Mayor and Common Council of the City of San Bernardino
./
hereby authorize the Mayor of San Bernardino to sign the first amendment to the contract
between the City and Patton State Hospital authorizing the Patton State Hospital Police
Department to use the City's 800 MHz radio system and to enter into a lease agreement with
Patton State Hospital for requested phase 11 radio equipment necessary to support 800 MHz
radio operations.
SECTION 2:
The Mayor and Ci>mmon Council of the City of San Bernardino
hereby authorize an exemption from the regular bid process, in accordance with Section
3.04.010, Section B.l. of the San Bernardino Municipal Code and authorize a selected source
purchase for the radio communications equipment listed in Section 4 for this resolution.
SECTION 3:
The Mayor and Common Council of the City of San Bernardino
hereby authorize the Director of Finance to issue a purchase order for 10 Motorola XTS5000
portable radios, 2 multiple battery "gang" chargers, spare batteries, and 1 Motorola XTL5000
mobile radio as configured in Motorola quote XTS5000XTL5000-MB for a total $38,873.02 to
Motorola Corporation of San Diego, California. The purchase order shall reference the number
of this resolution and shall incorporate the terms and conditions of the proposal, which is on
me in the City Clerk's Office. The purchase order shall read, "Motorola Portable and Mobile
Radios. Motorola Quote XTS5000XTL500O-MB. Not to exceed $38,873.02."
III
III
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIRST
AMENDMENT TO THE CONTRACT FOR 800 MHz RADIO TIME-AIR SERVICES
BETWEEN THE CITY AND PATTON STATE HOSPITAL.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereot; held on
the 2nd day of May
Council Members Aves
ESTRADA x
LONGVILLE x
-
McGINNIS x
DERRY x
x
KELLEY
x
JOHNSON
McCAMMACK x
,2005, by the following vote, to wit:
Nays
Abstain
Absent
~h~
City Clerk
The foregoing resolution is hereby approved this ~ day , 2005.
Approved as to form and legal content:
J} """"'" Chy__
BY: r t/l.-..
ith Valles, Mayor
City of San Bernardino
AGREEMENT NUMBER:
REGISTRATION NUMBER:
STATE Of CAliFORNIA
STANDARD AGREEMENT
STD. 213 ev 06103)
1. This Agreemert is er4ered into ~ the SllIte />I;}eroJ and the STATE naned below
STATEAGEHCY'SME
DEPARTMENT OF MENTAL HEALTH (Patton Stale Hospital)
STATE'S NAME
04-30022
CITY OF SAN BERNARDINO (San Bernardino Police Department)
2. The term oIlhis Ageement is: April 01, 2005 through June ~, 2009
3. The maximum amountofll1isAg_t is: $80,269.00.
4. The parties _10 comply with 1he tenns aI1d lXlI1<iIions of 1he following exhilits which Ie by Il1is reIerence made a port of 1he AiJaemenI:
ExhiJit A Scope of Work
Exhi>il B _ Budget Detail aI1d Payment Provisioos
Exhi>il C" _ General Terms and Condtions
Check mark ooe item below as Exhi>il D:
181 ExhiJit D-Special Terms and Condtions (A- _ as part ofll1is ag_)
o ExhiJit D -Special Terms and Condtions
Extbt E _ _ Provisioos
--2- pages
---2..... pages
G1A101 .
--2- pages
pages
pages
It1!ms shown 'IIIIh ~ AstedsJt. n, 818 heI8by ":tltpollDd by 18fnnce and made {NlIf <<this IJfII8IlIII8III as' tItUt:hed h818Io. 1IIase doclIIIenIs CSII be Wsw Iii
www. dosca. aovkontracts
I Cerlift that I have reviewIld lhis ageement and I meeIs CIIT8IIt pI'OlJWIl and deplm IeIllaI policy.
0cla\Il0 C. Luna. ExecUive 0i1llCtllr
IN WITNESS WHEREOF, this Agreement has been execuled by the parties hereIo.
STATE
STATE'S NAME 11f"""......__ __.~ priIenNp, alc.)
CITY OF SAN BERNARDINO San Bernardino Police De artment
BY C- SignaUe) DATE SIGtED (do not type)
PRINTED NAME AN) TITlE Of PERSON SIGNNG
BARBARA PACHON, DIRECTOR OF FINANCE
ADDRESS
San Bernardioo Poice IleporIment
P.O. BOX 1559
SenBernardioo,CA 92401-1559
387-0057
STATE OF CALIFORNIA
AGENCY NAME
DEPARTMENT OF MENTAL HEALTH - Patton State Hospital
BY (_ SignaUe) DATE SIGNED (do not type)
PRINTED NAME AND TITLE Of PERSON SIGNING
Terrie T atosilll, Procurement and Contracting Officer - Administrative Services
ADDRESS
Contracts Unit
3102 East Higijand Avenue
Patton, CA 92369-9999
10f8
Date
CALIFORNIA
Dapw1mantof__
Usa Only
AOVAtdD COPY
AGREEMENT NUMBER:
REGISTRATION NUMBER:
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD. 213 (Rev 06103)
1. This Agreement is entered into between the State Agency and the STATE named below
STATEAGENCY'S NAME
DEPARTMENT OF MENTAL HEALTH (Patton State Hospital)
STATE'S NAME
04-30022
CITY OF SAN BERNARDINO (San Bernardino Police Department)
2. The tenT at this Agreement is: April 01, 2005 through June 30, 2009
3. The maximum amount of this Agreerrent is: $80,269.00.
4. The parties agree 10 comp~wilh the terms and conditions of the foIlowirg exhib~ which are by this reference made a part of the Agreement
ExhiM A Scope of Worl< 2 pages
ExhiM B
Budget Detail and payrren! Provisions
General Terms and Condmons
ExhibitC.
Check rnarl< one item below as Exhibil D:
181 Exhibil D - Special Terms and Conditions (Attached herelo as part of this agreerrent)
o ExhiM D - Special Terms and Conditions
Exhibil E - Additional Provisions
3 pages
G1A101*
2 pages
pages
pages
nems shown with en Asterisk (~, are hereby incorporated by refarern;a and mada part of this agreement as if attached hereto. These documents can be view at
M'WW.OOS.C8.aDV/contracts
I Certify thaf I have reviewed this agreement and" meets current program and departmental policy.
Octavia C. Luna, Executive Director
Date
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto,
STATE
STATE'S NAME (ffolhetltlan.nindMdual, stat._. COIpOtSIion,patInets/Iip, e/c.)
CITY OF SAN BERNARDINO San Bernardino Police De artment
BY (Authorized Signature) DATE SIGNED (do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
BARBARA PACHON, DIRECTOR OF FINANCE
ADDRESS
San Bernardino Police Department
P.O, BOX 1559
San Bernardino, CA 92401-1559
909 387-l1657
STATE OF CALIFORNIA
AGENCY NAME
DEPARTMENT OF MENTAL HEALTH - Patton State Hospital
BY (Authorized Signalure) OATE SIGNED (do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Terrie Tatosian, Procurement and Contracting Officer - Administrative Services
ADDRESS
Contracts Unit
3102 East Highland Avenue
Patton, CA 92369-9999
1of8
CAUFORNIA
Depa/1ment of General SelVices
Use Only
y~o~ OJOMAV
City of San Bernardino C'.~
(San Bernardino Police Department)
CONTRACT #04.30022
EXHIBIT "A"
Scope of Work
1. CITY agrees to provide to the Department of Mental Health, Patton State Hospital, airtime on the CITY'S
800 MHz trunked radio voice communications backbone.
2. The services shall be performed for Patton State Hospital 3102 E. Highland Avenue, Patton, CA 92369-0999.
3. Any and all notices required to be given hereafter shall be given in writing by registered or certified mail,
postage prepaid. The addresses of the parties hereto until further notice are as follows:
State Agency: PATTON STATE HOSPITAL STATE: San Bernardino Police Department
Name: Lt. Thomas Maune Name: Michelle Taylor, Senior Secretary
Phone: (909) 425-6551 Phone: (909) 384-5002
Fax: (909) 425-6549 Fax: (909) 384-5158
Direct all inquiries to:
State Agency:
Section/Unit
Attention:
Address:
PATTON STATE HOSPITAL
STATE:
Section/Unit:
Attention:
Address:
Hospital Police Office
Lt. Thomas Maune
3102 E. Highland Avenue
Patton, CA 92369-9999
(909) 425-6551
(909) 425-6549
Phone:
Fax:
Phone:
Fax:
2018
City of San Bernardino
San Bernardino Police Department
Michelle Taylor, Senior Secretary
P.o. BOX 1559
San Bernardino, CA 92401-1559
(909) 384-5002
(909) 384-5158
EXHIBIT "A"
Scope of Work
(continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #04.30022
4. SPECIFICATION/DETAilED DESCRIPTION OF WORK:
THIS CONTRACT is entered into in the State of California by and between the City of San Bernardino, hereinafter called
the CITY, and State of California, Patton State Hospital Police Department, hereinafter called the STATE.
IT IS HEREBY AGREED AS FOllOWS:
A. This contract is for the furnishing, by CITY to the STATE, of airtime on the CITY's 800 MHz trunked radio voice
communications backbone. It is the intent of the parties to promote more effective regional law enforcement through
the cooperative use and maintenance of the CITY's 800 MHz trunked radio system. This system will allow the
parties to communicate on a common radio frequency when they are responding to law enforcement incidents on or
around the Patton State Hospital grounds.
B. The CITY will provide the STATE with access to the CITY's 800 MHz radio system to provide the parties with a
common radio frequency for communication. This shall be achieved by the following:
1. The creation and maintenance of a PATTON radio talki)roup containing all necessary channels for police and fire
radio communications as well as providing Patton State Hospital Police Department with talk-around capability.
2. A letter to County Communication authorizing the creation of the PATTON talk group and the programming of
STATE owned and leased radios with the PATTON talk group channels.
3. CITY owned radio devices shall be programmed with the PATTON talk group.
C. The CITY and the STATE mutually agree to become knowledgeable of each other's radio dispatch protocols in order
to provide efficient interoperationability, during incidents in which both agencies are responding, and delivery of
service or mutual assistance.
D. The CITY shall acquire and program specified radio equipment to be leased to the STATE. All leased and
STATE owned radio equipment will be programmed with the necessary Patton talki)roup, Patton talk-around
capability and designated 800 MHz police, and fire radio channels for the STATE'S use during fire and police
mutual aid events on or around Patton State Hospital.
5. STATE HOSPITAL REQUIREMENTS:
A. CITY is advised that tan, brown, and khaki clothing may prevent entry to patient areas of the hospital.
B. CITY shall cooperate with Hospital security procedures.
C. All work to be coordinated and scheduled through the Project Coordinator.
30f8
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #04-30022
EXHIBIT "B"
Budget Detail and Payment Provisions
Contract Term
The term of this contract shall be April 01, 2005 through June 30, 2009.
Commencement of Services
This Agreement must be fully executed and approved by the STATE prior to commencement of services.
Amendments to Contract
1. This contract represents the full and complete understanding of the parties with respect to the subject matter hereto; this
contract supersedes all prior oral and written agreements or understanding between the parties with respect to the subject
matter hereto.
2. The CITY will consider renewing the agreement at the STATE'S request. At the time of renewal, the agreement terms
are renegotiable but will include all costs incurred by the CITY to continue the agreement.
3. Any amendment to this contract shall be in writing signed by other parties.
Termination of Services
Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by the STATE or the CITY
upon written notice given to the other party at least sixty (60) days before the specified date for such termination. Any such
termination shall coincide with the end of a calendar month.
Indemnification Clause
1. The laws of the State of Califomia shall govem this contract.
2. CITY agrees to hold harmless the STATE and its officers, agents, volunteers from any and all claims, actions or losses,
damages and/or liability arising out of its obligations under this contract.
3. STATE agrees to hold harmless the CITY and its officers, agents, volunteers from any and all claims, actions or losses,
damages and/or liability arising out of its obligations under this contract.
4. In the event the CITY and/or the STATE is found to be comparatively at fault for any claim, action, loss, or damage,
which results from their respective obligations under the contract, the CITY and/or the STATE shall hold harmless the
other to the extent of its comparative fault.
5. Venue for any lawsuit pertaining to this contract shall be Superior Court of Califomia, County of San Bemardino, San
Bemardino District.
40f8
L
EXHIBIT "B"
Budget Detail and Payment Provisions
(continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #04-30022
Invoicina and Pavment
1. Submit a signed invoice in triplicate to the Project Coordinator, Lt. Thomas Maune, HPO Office, stating the time period covered
and the Agreement Number, not more frequently than quarterly, in arrears to:
Patton State Hospital
A TIN: Lt. Thomas Maune, HPO OffICe
3102 E. Highland Avenue
Patton, CA 92369.0999
Additionally, all reports and other communications are to be delivered to the Project Coordinator.
2. The CITY shall administrator of this contract. The STATE shall remit quarterly payment to:
San Bemardino Police Department
A TIN: Accounts Payable
P.O. BOX 1559
San Bemardino, CA 92401.1559
3. For services satisfactorily rendered as specified in EXHIBIT 'A', Scope of Work, performed in a manner acceptable to the State,
the STATE agrees to compensate the CITY, quarterly in arrears, in accordance with the rates specified herein, which is attached
hereto (labeled in EXHIBIT 'B-1') and made a part of this Agreement.
e. All leased radio equipment shall remain the property of the CITY.
4. The total amount payable under this contract shall not exceed $ 80,269.00.
5. Amounts to be encumbered for the fiscal years covered by this contract are as follows:
$ 16,054.00 In FY 2004/05 (04/01/05 to 6/30/05)
$16,054.00 In FY 2005/06 (07/01/05 to 6/30/06)
$ 16,054.00 In FY 2006/07 (07/01/06 to 6/30/07)
$16,054.00 In FY 2007/08 (07/01107 to 6/30/08)
$16,053.00 In FY 2008/09 (07/01108 to 6/30/09)
Budaet Continaencv Clause
1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does
not appropriate sufficient funds for the program, this Agreement shall be invalid and of no further force and effect. In this event,
the State shall have no further liability to pay any funds whatsoever to the City or to fumish any other considerations under this
Agreement, and the CITY shall not be obligated to perform any provisions of this Agreement.
2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes ot this program, the STATE shall have the
option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to the CITY to
reflect the reduced amount.
Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in Govemment Code Chapter 4.5, commencing with Section 927.
50t8
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #04.30022
EXHIBIT "B-1"
Detailed Budget Sheet
Years One Through Five
4. The STATE shall pay to the CITY quarterly fees per radio device for airtime fees and maintenance fees, regardless of
the extent of usage during the month. This rate shall remain fixed over the initial contract period; however, the CITY
shall have the right to renegotiate the rate of services for subsequent contract periods.
$ 15.00 Per Radio Device Airtime Fees ($5.oo/month x 3 months)
$ 18.00 Per Radio Device Maintenance Fees ($6.00/month x 3 months
5. The CITY agrees to lease to the STATE the necessary 800 MHz radio equipment under the following terms:
a. In FY 2004/05, 10 Motorola XTS 5000 portable and one Motorola XTL 500 mobile 255-channel portable radios,
batteries, and chargers will be leased to the STATE at the rate of $931 per radio or $10,241 annually for five years.
b. In FY 2007/08, nine additional Motorola XTX 5000 portable radios, batteries and chargers will be leased to the STATE
at the rate of $931 per radio or $8,379 annually.
c. Lease payments include an annual $250 contract fee paid by the STATE to the CITY to cover the administrative costs
of the purchase and leasing of radio equipment.
d. After the fifth year of each lease, the STATE will not pay any additional lease payments unless radios need to be
replaced when lost or stolen, damaged beyond repairs or due to technology changes or obsolescence requiring
replacement. The new lease payments for the replacement radio would be added to the outstanding lease balance.
(10) XTS 5000 portable and (1) Motorola XTL 5000 mobile $ 10,241 x 5 years = $ 51,205
radios (phase /I star-up equipment in Year 1)
(9) replacement Motorola XTS 5000 radios (Required in $ 8,379 x 2 years = $ 16,758
Year 4 for Nextel migration)
Upgrade of (11) Motorola XTS 5000 radios (Required in Year -0-
4 for Nextel migration)
Administrative Costs for five years $ 250 x 5 years = $ 1,250
Maintenance costs for (20) radios for five years $ 1,400 x 5 years = $ 7,000
(State maintenance for years 1 - 3 Nine radios x $721yr) $ 648 x 3 years = $ (1,944)
Airtime costs for (20) radios for five years $ 1,200 x 5 years = $ 6,000
First Five-Year Total $ 80,269
60f8
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #04-30022
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Client Confidentialitv:
A. CITY shall protect from unauthorized disclosure, names and other identifying information concerning persons receiving
services pursuant to this contract, except for statistical information not identifying any client. Client is defined as "those
persons receiving services pursuant to a Department of Mental Health funded program". CITY shall not use such identifying
information for any purpose other than carrying out the CITY's obligations under this contract.
B. CITY shall promptly transmit to the STATE all requests for disclosure of such identifying information not emanating from the
client.
C. CITY shall not disclose, except as otherwise specifically permitted by this contract or authorized by the client, any such
identifying information to anyone other than the STATE without prior written authorization from the STATE.
D. For purposes of this section, identity shall include but not be limited to name, identifying number, symbol or other identifying
particular assigned to the individual, such as finger or voice print or a photograph.
Licenses and Permits:
The CITY shall obtain at hislher expense and maintain in good standing alllicense(s) and permit(s) required by law for accomplishing
any work required in connection with this contract.
In the event the CITY fails to keep in effect at all times all required license(s) and permit(s), the STATE may, in addition to any other
remedies it may have, terminate this contract upon occurrence of such event.
Riaht to Terminate:
This contract may be terminated at any time with or without cause by the STATE or CITY upon written notice given to the other party at
least 60 days before the specified date for such termination. Any such determination shall coincide with the end of a calendar month.
This agreement may be suspended or cancelled without notice, at the option of the CITY, if the CITY or CITY's premises or equipment
are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the
CITY is unable to render service as a result of any action by any governmental authority.
Securitv:
CITY understands that services may be performed in a secured area and agrees that CITY and hislher representatives shall follow any
and all rules, regulations and requirements in force at Patton STATE Hospital. Failure to comply shall constitute grounds for immediate
termination of the contract. CITY shall provide the Project Coordinator with a list of employees/subcontractors within 14 days of
requesting access to the secured area.
CITY agrees to review and comply with Patton STATE Hospital'S Contraband and Security Policy and Procedures. These documents
may be requested through the Project Coordinator or Patton STATE Hospital Contracts Coordinator.
CITY certifies that it is fully knowledgeable of the terms and conditions of the contract documents, the location and site conditions of the
project, and the conditions under which the work is to be performed, and that it enters into this contract based upon his investigation of
all such matters and is not relying on any opinions or representation of Patton STATE Hospital. This contract represents the entire
agreement.
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EXHIBIT "0"
Special Terms And Conditions
(continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #04.30022
Settlement of Disputes:
Prior to pursuing any other remedy of dispute, CITY shall attempt to sellle any dispute concerning a question of fact arising under this contract that is
not disposed of by agreement through the Department of Mental Health, Deputy Director of Administration. All issues pertaining to this dispute wiil
be submitted in wrttten statements and addressed to the Deputy Director of Administration, Division of Administration, Department of Mental Health,
1600 Ninth Street, Sacramento, CA 95814. Such wrttten notice must contain the Contract Number. The Deputy Director's decision shall be
considered final administratively. Within ten days of receipt of such notice, the Deputy Director, Division of Administration shall advise CITY of hislher
findings. These findings do not preclude CITY from any other resolution allowed by the laws of the STATE of California as contained in Exhibit 'B'
Indemnification Clause Number 5. (Public Contract Code Section 10381)
Neither the pendency of a dispute nor its consideration by the Deputy Director of Administration wiil excuse the CITY from full and timely
performance in accordance with the terms of the contract.
Subcontracts:
Nothing contained in this Agreement or otherwise shall create any contractual relation between the STATE and any subcontractors, and no
subcontract shall relieve the CITY of its responsibilities and obligations hereunder. The CITY agrees to be as fully responsible to the STATE for the
acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the CITY.
The CITY's obligation to pay its subcontracts is an independent obligation from the STATE'S obligation to make payments to the CITY. As a result,
the STATE shall have no obligation to payor enforce the payment of any moneys to any subcontractor.
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