HomeMy WebLinkAbout2005-429
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RESOLUTION NO. 2005-429
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A TERM
AND COST CHANGE TO THE CONTRACT FOR 800 MHz RADIO TIME-AIR SERVICES
BETWEEN THE CITY AND PATTON STATE HOSPITAL, AND RESCINDING
RESOLUTION 2005-106.
BE IT RESOLVED:
SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
rescind the equipment purchase and Patton contract agreement referenced in resolution 2005-
106.
SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby
authorize the Mayor of San Bernardino to sign the updated contract (05-30022) which amends
the term, contract amount, and conditions 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 the requested phase II
radio equipment necessary to support 800 MHz radio operations.
SECTION 3. The Mayor and Common Council of the City of San Bernardino hereby
authorize an exemption form the regular bid process, in accordance with Section 3.04.010,
Section B.3. of the San Bernardino Municipal Code and authorize a selected source purchase
for the radio communications equipment listed in Section 4 of this resolution.
SECTION 4. That the Mayor and Common Council of San Bernardino 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 XTL 5000 mobile radio as
configured in Motorola quote XTS5000XTL5000-MB for a total of $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 file in the
City Clerk's Office. The purchase order shall read, "Motorola Portable and Mobile Radios.
Motorola Quote XTS5000XTL5000-MB. Not to exceed $38,873.02."
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A TERM AND
COST CHANGE TO THE CONTRACT FOR 800 MHz RADIO TIME-AIR SERVICES
BETWEEN THE CITY AND PATTON STATE HOSPITAL, AND RESCINDING
RESOLUTION 2005-106.
SECTION 5:
The Mayor and Common Council of the City of San Bernardino
hereby authorize the Purchasing Manager to solicit as needed, lease-purchase rate quotes for
the devices listed in Section 4 ($38,873.02) from existing Master Lease Agreements. The
Purchasing Manager may compare these quotes to lease-purchase quotes from Motorola Inc.
and may award a lease-purchase to the lowest possible leasing company.
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2005-429
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A TERM AND
COST CHANGE TO THE CONTRACT FOR 800 MHz RADIO TIME-AIR SERVICES
BETWEEN THE CITY AND PATTON STATE HOSPITAL, AND RESCINDING
RESOLUTION 2005-106.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regularmeeting thereof, held on
the 19thday of December, 2005, by the following vote, to wit:
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Neil Derry, Mayor Pro Tern
City of San Bernardino
Approved as to form and legal content:
James F. Penman, City Attorney
2005-429
ORJGINA L
05-30022
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
STATE AGENCY'S NAME
DEPARTMENT OF MENTAL HEALTH (Patton State Hospital)
STATE'S NAME
CITY OF SAN BERNARDINO (San Bernardino Police Department)
2. The term ofthis Agreement is: January 01, 2006 through June 30, 2010
3. The maximum amount ofthis Agreement is: $85,492.75
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement:
Exhibit A Scope of Work 3 pages
Exhibit B Budget Detail and Payment Provisions ~ pages
Exhibit C'
General Terms and Conditions
Check mark one item below as Exhibit D:
~ Exhibit D - Special Terms and Conditions (Attached hereto as part of this agreement)
o Exhibit D - Special Terms and Conditions
Exhibit E
_ Additional Provisions
GTe 1005*
6 pages
pages
pages
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These
documents can be view at: www.ols.das.ca.aov/standard+lanauaae
it meets current program and departmental policy.
1/(.,/0&
f I Date
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
NeiJ Derry, Mayor Pro Tern
ADDRESS
San Bernardino Police Department
P.O. BOX 1559
San Bernardino, CA 92401-1559
909 387-0657
CALIFORNIA
Department of General Services
Use Only
PENMAN. City At mey
IT
1600 9th Street
Sacramento, CA 958'14
A?PROVED
JAN 2 7 2006
DE})T (:,c Cd~' _'~.\L.~~:tVJ:=FS
~-ViJ3/iIOJYt/
2005-429
City of San Bernardino
(San Bernardino Police Department)
CONTRACT #05-30022
EXHIBIT "A"
SCOPE OF WORK
1. City agrees to lease to the Department of Mental Health, Patton State Hospital, 10 Motorola XTS 5000 portable
radios, 9 Motorola XTX 5000 portable radios and one Motorola XTL 500 mobile 255 channel portable radios,
batteries, and chargers.
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:
Phone:
Fax:
PATTON STATE HOSPITAL
Hospital Police Office
Lt. Thomas Maune
3102 E. Highland Avenue
Patton, CA 92369-0999
(909) 425-6551
(909) 425-6549
STATE:
Section/Unit:
Attention:
Address:
Phone:
Fax:
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
4. 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 CINs 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 CINs 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.
EXHIBIT "A"
Scope of Work
(continued)
2005....429
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #05-30022
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 talk-group 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 talk-group, 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.
E. All reports and other communications are to be delivered to the Project Coordinator.
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.
6. ADDITIONAL TERMS
A. Contract Term
The term of this contract shall be January 01, 2006 through June 30, 2010.
B. Commencement of Services
This Agreement must be fully executed and approved by the STATE prior to commencement of services.
C. 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 and signed by both parties.
EXHIBIT "An
Scope of Work
(continued)
2005-429
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #05-30022
D. Tennination of Services
Notwithstanding the foregoing, this contract may be tenninated 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 tennination. Any such tennination shall coincide with the end of a calendar month.
D. Indemnification Clause
1 . The laws of the State of California shall govern this contract.
2. CITY agrees to hold hannless 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 hannless 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 hannless the other to the extent of its comparative fault.
5. Venue for any lawsuit pertaining to this contract shall be Superior Court of California, County of San
Bernardino, San Bernardino District.
2005-429
City of San Bernardino
(San Bernardino Police Department)
CONTRACT #05-30022
EXHIBIT "B"
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
A. For selVices satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to
compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein,
which is attached hereto and made a part of this Agreement.
B. Invoices shall include the Agreement Number and shall be submitted in duplicate, not more frequently than
monthly in arrears to:
Patton State Hospital
ATTN: ACCOUNTING/BILLING
3102 E. Highland Avenue
Patton, CA 92369-0999
2. BUDGET CONTINGENCY CLAUSE
A. 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 of no further force
and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish
any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions
of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of 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 Contractor to reflect the reduced amount.
3. BUDGET
Charges/rates shall be computed in accordance with the following budget on page 2 of Exhibit B. The cost of each
major budget category may vary up to 15% within each Fiscal Year (FY) without DMH approval so long as the total
amount budgeted for the FY is not exceeded.
4. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5,
commencing with Section 927.
2005-429
EXHIBIT "B"
Budget Detail and Payment Provisions (continued)
CITY OF SAN BERNARDINO
(San Bemardino Police Department)
CONTRACT #05-30022
5. Additional Provisions
A. This Agreement must be fully executed and approved by the State before any payments for services or
equipment can be made.
B. Payment should be submitted within ninety days after the services were performed and shall include the Patton
State Hospital Agreement Number, Date of Services, Description of Services/Equipment, Itemization of Costs,
and the Total Amount Due.
C. Total amount payable under this contract shall not exceed $85,492.75.
D. Amounts to be encumbered for the fiscal years covered by this contract are as follows:
$ 9,019.75 In FY 2005/06 (01/01/06 to 6/30/06)
$ 11,943.00 In FY 2006/07 (07/01/06 to 6/30/07)
$ 21,510.00 In FY 2007/08 (07/01/07 to 6/30/08)
$ 21,510.00 In FY 2008/09 (07/01108 to 6/30/09)
$ 21,510.00 In FY 2009/10 (07/01/09 to 6/30/10)
E. The above amounts may be adjusted between the fiscal years to cover services rendered for a particular fiscal
year at the sole discretion of the Fiscal Officer at PSH as long as the total amount specified in Paragraph "C'
above is not exceeded.
F. The City will bill the State quarterly for airtime and maintenance fees as stipulated below regardless of the
amount of usage during the month.
6. Cost Sheet
QTY DESCRIPTION RATES 05/06 06/07 07/08 08/09 09/10 TOTAL
$931.00/year per
10 Motorola XTS 5000 device 6,982.50 9,310.00 9,310.00 9,310.00 9,310.00
Motorola XTL 500 Mobile 255 $931.00/year per
1 Channel device 698.25 931.00 931.00 931.00 931.00
$931.00/year per
9 Motorola XTX 5000 device 0.00 0.00 8,379.00 8,379.00 8,379.00
Contract Fee $250.00 per year 250.00 250.00 250.00 250.00 250.00
Airtime Fees $15.00/qtr per device 495.00 660.00 1,200.00 1,200.00 1,200.00
Maintenance Fees $18.00/qtr per device 594.00 792.00 1,440.00 1,440.00 1,440.00
TOTAL COSTS PER YEAR 9019.75 11,943.00 21,510.00 21,510.00 21,510.0085,492.75
BATTERY AND CHARGER COSTS FOR EACH DEVICE ARE INCLUDED IN THE ABOVE RATES AND WILL NOT BE
BILLED FOR SEPARATELY.
2005-429
GTC 1005
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Contractor may not commence performance until such
approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or Agreement not
incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without
the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau
of State Audits, or their designated representative shall have the right to review and to copy any records
and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to
maintain such records for possible audit for a minimum of three (3) years after fmal payment, unless a
longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who might reasonably
have information related to such records. Further, Contractor agrees to include a similar right of the State
to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov.
Code ~8546.7, Pub. Contract Code ~lOll5 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indenmify, defend and save harmless the State, its officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, suppliers, laborers, and any other person, ftrm or corporation furnishing or supplying work
services, materials, or supplies in connection with the performance of this Agreement, and from any and
all claims and losses accruing or resulting to any person, ftrm or corporation who may be injured or
damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments
should the Contractor fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination the State may proceed with the work in any manner
deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees or
agents of the State.
9. RECYCLING CERTIFlCA TION: The Contractor shall certify in writing under penalty of petjury, the
minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as
deftned in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or
products used in the performance of this Agreement, regardless of whether the product meets the required
recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor
may certify that the product contains zero recycled content. (Pub. Contract Code ~~ 10233, 10308.5,
10354)
2005-429
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital
status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination and
harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of
the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they have
a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the Agreement.
II. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the
document CCC 1005 'are hereby incorporated by reference and made a part of this Agreement by this
reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation
for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes,
unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of
the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or
goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of
the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by
the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may
bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted,
it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.c. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to
the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final
payment to the bidder. Government Code Section 4552.
2005-429
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a
monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to
receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public
body any portion of the recovery, including treble damages, attributable to overcharges that were paid by
the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign
the cause of action assigned under this part if the assignor has been or may have been injured by the
violation oflaw for which the cause of action arose and (a) the assignee has not been injured thereby, or
(b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor
acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with earnings assignment orders, as
provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of
all employees and is providing the names of all new employees to the New Hire Registry maintained by
the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or
held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and
effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the
Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to
qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub.
Contract Code ~10353.
S:\ADMIN\HOMEP AGE\GTC-I005.doc
2005-429
City of San Bernardino
(San Bemardino Police Department)
CONTRACT #05-30022
EXHIBIT "0"
SPECIAL TERMS AND CONDITIONS
A. SUBCONTRACTS. Except for subcontracts identified in the proposal in accordance with the Request for Proposal or
Invitation for bid, Contractor shall submit any subcontracts which are proposed to be entered into in connection with this
Contract to the State for its prior written approval before entering into the same. No work shall be subcontracted without
the prior written approval of the State. Upon the termination of any subcontract, State shall be notified immediately. Any
subcontract shall include all the terms and conditions of this Contract and its attachments, in addition to any other
relevant terms and conditions.
B. PUBLICATIONS AND REPORTS. If publications and reports are provided for in the Contract, Contractor shall:
1. Incorporate any comments or revisions required by the State into any publication or report and shall not publish
any material until it receives final State approval.
2. Fumish two copies of each publication and report required plus one reproducible original.
3. Illustrations, maps and graphs in summaries and publications and reports shall be developed in a manner, which
allows the complete illustration to be contained on a single 8-1/2 by 11 page unless specific written approval is
given to the contrary.
4. Graphs, illustrations and printed materials shall be printed in a single color throughout each publication unless prior
State approval is granted.
5. Contractor's name shall appear only on the cover and title page of publications and reports and summaries.
Covers and title pages will read as follows:
DEPARTMENT OF MENTAL HEALTH
TITLE
By (Contractor)
6. The State reserves the right to use and reproduce all publications, reports, and data produced and delivered
pursuant to this Contract. DMH further reserves the right to authorize others to use or reproduce such materials,
provided the author of the report is acknowledged in any such use or reproduction.
7. If the publication and/or report is prepared by non-employees of the Department, it shall contain the numbers and
dollar amounts of all contracts and subcontracts relating to the preparation of the report in a separate section of the
report (Govemment Code Section 7550).
C. PROGRESS REPORTS. If progress reports are required by the Contract, Contractor shall provide a progress report in
writing, or orally if approved by the State Contract Manager, at least once a month to Contract Manager. This progress
report shall include, but not be limited to, a statement that the Contractor is or is not on schedule, any pertinent reports,
or interim findings. Contractor shall cooperate with and be available to meet with State representatives to discuss any
difficulties, or special problems, so that solutions or remedies can be developed as soon as possible.
D. PRESENTATION. Upon request, Contractor shall meet with the State to present any findings, conclusions and
recommendations required by the Contract for approval. If set forth in the Contract, Contractor shall submit a
comprehensive final report for approval. Both the final meeting and the final report must be completed on or before the
date indicated in the Contract.
2005-429
EXHIBIT "D"
Special Tenns And Conditions (continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #05-30022
E. FISCAL RECORDS. Contractor shall fumish detailed itemization of and retain all records relating to direct expenses
reimbursed and to hours of employment in perfonnance of this Contract by any employee of Contractor for which the
State is billed. In addition, Contractor shall establish accounting procedures subject to State approval--or the State shall
approve existing procedures-and the Contractor shall maintain for at least three years books, papers, records,
documents, and other evidence sufficient to detennine the costs and hours spent fulfilling the tenns of this Contract and
related incidental tasks. Contractor shall allow State representatives to review any of these materials.
F. DEPARTMENT OF MENTAL HEALTH STAFF. Department of Mental Health staff will be pennitted to work side by side
with Contractor's staff to the extent and under conditions that may be directed by the Contract Manager. In this
connection, Department of Mental Health staff will be given access to all data, working papers, etc., which Contractor
may seek to utilize.
G. CONFIDENTIALITY OF DATA AND DOCUMENTS.
1. Contractor will not disclose data or documents or disseminate the contents of the final or any preliminary report
without express permission of the Contract Manager.
2. Pennission to disclose infonnation or documents on one occasion or at public hearings held by the Department of
Mental Health relating to the same shall not authorize Contractor to further disclose such infonnation or documents
on any other occasion.
3. Contractor will not comment publicly to the press or any other media regarding the data or documents generated,
collected, or produced in connection with this contract, or the Department of Mental Health's actions on the same,
except to the Department of Mental Health staff, Contractor's own personnel involved in the perfonnance of this
Contract, at a public hearing, or in response to questions from a legislative committee.
4. If requested by State, Contractor shall require each of it employees or officers who will be involved in the
perfonnance of this Contract to agree to the above tenns in a fonn to be approved by State and shall supply State
with evidence thereof.
5. Each subcontract shall contain the foregoing provisions related to the confidentiality of data and nondisclosure of
the same.
6. After any data or documents submitted has become a part of the public records of the State, Contractor may, if it
wishes to do so, at its own expense and upon approval by the Contract Manager, publish or utilize the same but
shall include the following legend:
LEGAL NOTICE
This report was prepared as an account of work sponsored by the Department of Mental Health, but does not necessarily
represent the views of the Department or any of its employees except to the extent, if any, that it has fonnally been
approved by the Department. For infonnation regarding any such action, communicate directly with the Department at P.O.
Box 952050, Sacramento, Califomia, 94252-2050. Neither said Department nor the state of Califomia, nor any officer or
employee thereof, or any of its contractors or subcontractors makes any warranty, express or implied, or assumes any legal
liability whatsoever for the contents of this document. Nor does any party represent that use of the data contained herein
would not infringe upon privately owned rights without obtaining pennission or authorization from any party who has any
rights in connection with the data.
2005-429
EXHIBIT "0"
Special Terms And Conditions (continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #05-30022
H. PROVISIONS RELATING TO DATA.
1. "Data" as used in this Contract means recorded information, regardless of form or characteristics, of a scientific or
technical nature. It may, for example, document research, experimental, developmental or engineering work; or be
usable or be used to define a design or process; or support a premise or conclusion asserted in any deliverable
document called for by this Contract. The data may be graphic or pictorial delineations in media, such as drawings
or photographs, charts, tables, mathematical modes, collections or extrapolations of data or information, etc. It
may be in machine form, as punched cards, magnetic tape, computer printouts, or may be retained in computer
memory .
2. "Proprietary data" is such data as the Contractor has identified in a satisfactory manner as being under Contractor's
control prior to commencement of performance of this Contract and which has been reasonably demonstrated as
being of a proprietary force and effect at the time this Contract is commenced.
3. "Generated data" is that data, which a Contractor has collected, collated, recorded, deduced, read out or
postulated for utilization in the performance of this Contract. Any electronic data processing program, model or
software system developed or substantially modified by the Contractor in the performance of this Contract at State
expense, together with complete documentation thereof, shall be treated in the same manner as generated data.
4. "Deliverable data" is that data which under terms of this Contract is required to be delivered to the State. Such
data shall be property of the State.
5. "Generated data" shall be the property of the State unless and only to the extent that it is specifically provided
otherwise herein.
6. The title to Contractor's proprietary data shall remain in the Contractor's possession throughout the term of this
Contract and thereafter. As to generated data which is reserved to the Contractor by express terms of this
Contract and as to any preexisting or proprietary data which has been utilized to support any premise, postulate or
conclusion referred to or expressed in any deliverable hereunder, Contractor shall preserve the same in a form
which may be introduced in evidence in a court of competent jurisdiction at Contractor's own expense for a period
of not less than three years after receipt by the State of the final report or termination of this Contract and any and
all amendments hereto, or for three years after the conclusion or resolution of any and all audits or litigation
relevant to this Contract, whichever is later.
7. Prior to the expiration of such time and before changing the form of or destroying any such data, Contractor shall
notify State of any such contemplated action; and State may within 30 days after said notification determine
whether it desires said data to be further preserved and, if State so elects, the expense of further preserving said
data shall be paid for by the state. Contractor agrees that State shall have unrestricted reasonable access to the
same during said three-year period and throughout the time during which said data is preserved in accordance with
this Contract, and Contractor agrees to use best efforts to furnish competent witnesses or to identify such
competent witnesses to testify in any court of law regarding said data.
I. APPROVAL OF PRODUCT. Each product to be approved under this Contract shall be approved by the
Contract Manager. The State's determination as to satisfactory work shall be final absent fraud, mistake or
arbitrariness.
J. SUBSTITUTIONS. Contractor's key personnel as indicated in its proposal may not be substituted without Contract
Manager's prior written approval.
K. NOTICE. Notice to either party may be given by first class mail properly addressed, postage fully prepaid, to the address
beneath the name of each respective party. Such notice shall be effective when received as indicated by post office
records or if deemed undeliverable by post office, such notice shall be effective nevertheless 15 days after mailing.
Alternatively, notice may be given by personal delivery by any means whatsoever to the party, and such notice shall be
deemed effective when delivered.
2005-429
EXHIBIT "D"
Special Tenns And Conditions (continued)
CITY OF SAN BERNARDINO
(San Bemardino Police Department)
CONTRACT #05-30022
L. WAIVER. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach. All
remedies afforded in this Contract shall be taken and construed as cumulative; that is, in addition to every other remedy
provided therein or by law. The failure of State to enforce at any time the provisions of this Contract, or to require at any
time perfonnance by the Contractor of any of the provisions, shall in no way be construed to be a waiver of such
provisions not to affect the validity of this Contract or the right of State to enforce said provisions.
M. GRATUITIES AND CONTINGENCY FEES. The State, by written notice to the Contractor, may tenninate the right of
Contractor to proceed under this Contract if it is found, after notice and hearing by the State, that gratuities were offered
or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the State with a
view toward securing a contract or securing favorable treatment with respect to the awarding, amending, or perfonning of
such contract, provided that the existence of the facts upon which the State makes such findings that shall be an issue
may be reviewed in any competent court.
In the event this Contract is tenninated as provided in the paragraph above, State shall be entitled (a) to pursue the same
remedies against Contractor as it could pursue in the event of the breach of the Contract by the Contractor, and (b) as a
predetennined amount of liquidated damages in addition to any other damages to which it may be entitled by law, to
exemplary damages in an amount which shall be not less than three times the cost incurred by the Contractor in
providing any such gratuities to any such officer or employee.
The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Contract.
The Contractor warrants by execution of this Contract that no person or selling agency has been employed or retained to
solicit or secure this Contract upon an Contract or understanding for a commission, percentage, brokerage or contingent
fee, excepting bona fide employees of Contractor, for the purpose of securing business. For breach or violation of this
warranty, the State shall have the right to annul this Contract without liability, paying only for the values of the work
actually retumed, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
N. INSURANCE. Contractor hereby warrants that it carries and shall maintain in full force and effect during the full tenn of
this contract and any extensions to said tenn:
Sufficient and adequate Worker's Compensation Insurance for all of its employees who will be engaged in the
perfonnance of this Contract and agrees to fumish to State satisfactory evidence thereof at any time the State may
request the same; and
Sufficient and adequate Liability Insurance to cover any and all potential liabilities and agrees to fumish to State
satisfactory evidence thereof upon request by State.
O. CONTRACT IS COMPLETE. other than as specified herein, no document or communication passing between the
parties hereto shall be deemed a part of this Contract.
P. CAPTIONS. The clause headings appearing in this Contract have been inserted for the purpose of convenience and
ready reference. They do no purport to and shall not be deemed to define, limit or extend the scope or intent of the
clauses to which they pertain.
Q. PUBLIC HEARINGS. If public hearings on the subject matter dealt with in this Contract are held within one year from the
contract expiration date, Contractor will make available to testify the personnel assigned to this Contract at the hourly
rates specified in the Contractor's proposed budget. State will reimburse Contractor for travel of said personnel at the
contract rates for such testimony as may be requested by State.
R. EQUAL EMPLOYMENT OPPORTUNITY. If this Contract provides for payment in excess of $10,000 during the
perfonnance of this Contract, the Contractor agrees to comply with the provisions of Executive Order 11246 entitled
"Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor
regulations. (41 CFR Part 60)
2005-429
EXHIBIT "D"
Special Tenns And Conditions (continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #05-30022
S. DVBE. Unless specifically waived by the Deputy Director of Administrative Services of the Department of Mental Health,
Contractor shall comply with the Disabled Veteran Business Enterprises participation goal in accordance with the
provisions of Public Contract Code Section 10115 et seq.
T. FORCE MAJEURE. Neither the State nor the Contractor shall be deemed to be in default in the perfonnance of the
tenns of this Contract if either party is prevented from perfonning the tenns of this Contract by causes beyond its control,
including without being limited to: acts of God, interference, rulings or decision by municipal, Federal, State or other
governmental agencies, boards or commissions; any laws and/or regulations of such municipal, State, Federal, or other
governmental bodies; or any catastrophe resulting from flood, fire, explosion, or other causes beyond the control of the
defaulting party. If any of the stated contingencies occur, the party delayed by force majeure shall immediately give the
other parties written notice of the cause of delay,. The party delayed by force majeure shall use reasonable diligence to
correct the cause of the delay, if correctable, and if the condition that caused the delay is corrected, the party delayed
shall immediately give the other parties written notice thereof and shall resume perfonnance under this Contract.
U. PERMITS AND LICENSES. The Contractor shall procure and keep in full force and effect during the tenn of this
Contract all pennits, registrations and licenses necessary to accomplish the work specified in this Contract, and give all
notices necessary and incident to the lawful prosecution of the work.
The Contractor shall keep infonned of, observe, comply with, and cause all of its agents and employees to observe and
comply with all prevailing Federal, State, and local laws, and rules and regulations made pursuant to said Federal, State,
and local laws, which in any way affect the conduct of the work of this Contract. If any conflict arises between provisions
of the plans and specifications and any such law above referred to, then the Contractor shall immediately notify the State
in writing.
V. LITIGATION. The State, promptly after receiving notice thereof, shall notify the Contractor in writing of the
commencement of any claim, suit, or action against the State or its officers or employees for which the contractor must
provide indemnification under this Contract. The failure of the State to give such notice, infonnation, authorization or
assistance shall not relieve the Contractor of its indemnification obligations. The Contractor shall immediately notify the
State of any claim or action against it which affects, or may affect, this Contract, the tenns and conditions hereunder, or
the State, and shall take such action with respect to said claim or action which is consistent with the tenns of this
Contract and the interest of the State.
W. SEVERABILITY. If any provision of this Contract is held invalid by a court of competent jurisdiction, such invalidity shall
not affect any other provision of this Contract and remainder of this Contract shall remain in full force and effect.
Therefore, the provisions of this Contract are and shall be deemed to be severable.
X. DISPUTES. Prior to pursuing any other remedy of dispute, City shall attempt to settle any dispute conceming 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 will be submitted in written statements and addressed to
the Deputy Director of Administration, Division of Administration, Department of Mental Health, 1600 Ninth Street,
Sacramento, CA 95814. Such written 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 his/her findings. These findings do not preclude CITY from any other resolution allowed by the laws
of the STATE of Califomia as contained in Exhibit "A" Indemnification Clause Number 5. (Public Contract Code Section
10381)
Neither the pendency of a dispute nor its consideration by the Deputy Director of Administration will excuse the CITY
from full and timely perfonnance in accordance with the tenns of the contract.
Y. PUBLIC CONTRACT CODE. Contractor is advised that provisions of Public Contract Code Sections 10355 through
10382 pertaining to the duties, obligations and rights of a consultant service contractor are applicable to this Contract.
Z. EVALUATION OF CONTRACTOR'S PERFORMANCE. The Contractor's perfonnance under this Contract will be
evaluated by the State after completion of the contract. A copy of the written evaluation will be maintained in the contract
file and may be submitted to the Office of Legal Services, Department of General Services.
2005-429
EXHIBIT "D"
Special Tenns And Conditions (continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #05-30022
AA. TRAVEL. Contractor's headquarters for purposes of payment of travel shall be the city designated in the signature block
unless otherwise specified in the contract.
For travel necessary to the perfonnance of this Contract, contractor shall use and submit travel reimbursement fonns
provided by DMH. All reimbursements shall be made in accordance with, and shall not exceed the rates authorized by,
the State Administrative Manual and the Policies and Procedures of the Department of Mental Health (DMH). All
requests to exceed any base reimbursement rate established in the State Administrative Manual or the Policies and
Procedures of DMH must be made and approved prior to the date of travel and must be submitted in writing to the State's
Contract Manager.
BB. PRIORITY HIRING CONSIDERATIONS FOR CONTRACTS EXCEEDING $200,000. If the resulting contract will have a
total contract value of $200,000 or more, the contractor is hereby advised that it will be obligated to give priority
consideration in filling vacancies in positions funded by the resulting contract to qualified recipients of aid under Welfare
and Institutions Code Section 11200. This requirement shall not interfere with or require a violation of a collective
bargaining Contract, a federal affinnative action obligation for hiring disabled veterans of the Vietnam era, or
nondiscrimination compliance laws of California and does not require the employment of unqualified recipients of aid.
CC. TERMINATION. Unless otherwise specified, either party may tenninate this Contract by giving 30 days written notice to
the other party. The notice of tennination shall specify the effective date of tennination.
Upon the Contractor's receipt of notice of tennination from the State, and except as otherwise directed in the notice, the
Contractor shall:
1. Stop work. on the date specified in the notice.
2. Place no further orders or enter into any further subcontracts for materials, services or facilities except as
necessary to complete work. under the Contract up to effective date of tennination.
3. Tenninate all orders and subcontracts;
4. Promptly take all other reasonable and feasible steps to minimize any additional cost, loss, or expenditure
associated with work. tenninated, including, but not limited to reasonable settlement of all outstanding liability and
claims arising out of tennination of orders and subcontracts;
5. Deliver or make available to DMH all data, drawings, specifications, reports, estimates, summaries, and such other
infonnation and materials as may have been accumulated by the Contractor under this Contract, whether
completed, partially completed, or in progress.
In the event oftennination, an equitable adjustment in the price provided for this Contract shall be made. Such
adjustment shall include reasonable compensation for all services rendered, materials supplies, and expenses incurred
pursuant to this Contract prior to the effective date of tennination.
DD.CLlENT CONFIDENTIALITY.
1. For contract involving clients and infonnation regarding clients, the Contractor shall protect from unauthorized
disclosure, Individually Identifiable Personallnfonnation (IIPI), which includes, but is not limited to; client name,
social security number, birth date, and any other identifying infonnation concerning persons receiving services
pursuant to this contract, except for statistical infonnation not identifying any client. Client is defined as "those
persons receiving services pursuant to a Department of Mental Health funded program." Contractor shall not use
such identifying infonnation for any purpose other than carrying out the Contractor's obligations under this contract.
2. Contractor shall promptly transmit to the State all requests for disclosure of such identifying infonnation not
emanating from the client.
2005-429
EXHIBIT "0"
Special Terms And Conditions (continued)
CITY OF SAN BERNARDINO
(San Bernardino Police Department)
CONTRACT #05-30022
3. Contractor 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.
4. For purposes of this section, identity shall include but not be limited to name, identifying number, symbol or other
identifying piece of information assigned to the individual, such as a finger or voice print or a photograph which can
be used to identify the individual person.
5. Notification of Electronic Breach. During the term of this Agreement, the contractor agrees to notify DMH
immediately upon discovery of any breach of security of IIPI in computerized form if the IIPI was, or is reasonably
believed to have been, acquired by an unauthorized person. Notification shall be made to the DMH Contract
Manager within one business day. Written notice shall be provided to the DMH Contract Manager within two (2)
business days of discovery. The Contractor shall take (i) prompt corrective action to cure any deficiencies and (ii)
any action pertaining to such unauthorized disclosure required by applicable Federal and State laws and
regulations. The Contractor shall investigate such breach and provide a written report of the investigation to the
DMH Contract Manager within thirty (30) working days of the discovery of the breach at the address below:
California Department of Mental Health
Attention: (Contract Manager)
1600 9th Street
Sacramento, CA 95814
EE. CONFLICT OF INTEREST CERTIFICATION
In accordance with State laws and Departmental policy, no employees (including contractors) shall participate in
incompatible activities, which are in conflict with their job duties. In addition, State law requires employees whose positions
are designated in the Department's Conflict of Interest Code to file statements of economic interest. Employees whose
positions have been designated will be notified by the department if a statement is required.
In signing this contract, I certify that I have read and understand the following:
GOVERNMENT CODE 19990
A state officer or employee shall not engage in any employment, activity, or enterprise, which is clearly inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a state officer or employee.
Each appointing power shall determine, subject to approval of the department, those activities which, for employees under
its jurisdiction, are inconsistent, incompatible or in conflict with their duties as state officers or employees. Activities and
enterprises deemed to fall in these categories shall include, but not be limited to all of the following:
1. Using the prestige or influence of the state or the appointing authority for the officer's or employee's private gain or
advantage or the private gain of another.
2. Using state time, facilities, equipment, or supplies for private gain or advantage.
3. Using, or having access to, confidential information available by virtue of state employment for private gain or
advantage or providing confidential information to persons to whom issuance of this information has not been
authorized.
4. Receiving or accepting money or any other consideration from anyone other than the state for the performance of
his or her duties as a state officer or employee.
2005-429
EXHIBIT "0"
Soecial Tenns And Conditions (continued)
CITY OF SAN BERNARDINO
(San Bemardino Police Department)
CONTRACT #05-30022
5. Perfonnance of an act in other than his or her capacity as a state officer or employee knowing that the act may
later be subject, directly or indirectly to the control, inspection, review, audit, or enforcement by the officer or
employee.
6. Receiving or accepting, directly or indirectly, any gift, including money, or any service, gratuity, favor,
entertainment, hospitality, loan, or any other thing of value from anyone who is doing or is seeking to do business
of any kind with the officer's or employee's appointing authority or whose activities are regulated or controlled by
the appointing authority under circumstances from which it reasonably could be substantiated that the gift was
intended to influence the officer or employee in his or her official duties or was intended as a reward for any official
actions perfonned by the officer or employee.
7. Subject to any other laws, rules, or regulations as pertain thereto, not devoting his or her full time, attention, and
efforts to his or her state office or employment during his or her hours of duty as a state officer or employee.
FF. Use of State Funds
Contractor shall not use funds received from DMH pursuant to this contract to pay for costs or expenses directly related to
the following:
1. The lobbying of an official position by Contractor, as an organization, to support either the passage or defeat of any
legislation, initiative or ballot measure; or,
2. The lobbying of an official position by Contractor, as an organization, to support either the election or defeat of any
candidate for elective office.
This provision is not intended and shall not be construed to limit the expression of the views, opinions, or positions of any
members of Contractor and individual, private citizens; nor does this provision limit Contractor fonn merely reporting the
results of a poll or survey of its membership.
(Added by Stats. 1981, c230. Amended by Stats. 1986, c1344.)
DMH Rev. April 2005