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CITY OF SAN BERICRDINO - REQUEST Rm COUNCIL ACTION
From;
JAMES E. ROBBINS
Deputy City Administrator/
Administrative Services
Su~Mrt: Agreement with OMNICOM
Oept:
~: . October 30, 1989
Synopsis of Previous Council ection:
None
Recommended motion:
Adopt resolution.
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Signature
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Contect person: James E. Robbins
Phone:
5123
Supporting date attached:
FUNDING REQUIREMENTS:
Ward:
Amount:
Source: (Acct. No.) r, . f'~ J ~ t.<; I L.J oj... \ v ).. S;,.j.. f r D Ln. 3.1'
(Acct. Oescriotionl
Finllllce: ~ .t)r-2.>
Council Notes:
75.0262
Agenda Item No
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CITY OF _AN BERrQRDINO - REQUEST .QR COUNCIL ACTION
STAFF REPORT
For a number of years the County of San Bernardino has been
working to put a 800 MHz radio system in place throughout the
county. A 800 MHz system requires a number of frequencies,
computers to do frequency selection, a backbone system, and
new radio equipment.
The County applied for, and received, 100 frequencies on
behalf of the cities and county. Early on, west end cities
decided to pursue purchase and construction of their own 800
system using some of the frequencies allocated based on the
premise that they could do it quicker and for less money.
They are now in construction and will have a better system
for less.
The east end cities of San Bernardino, Rialto, Colton, Lorna
Linda, Redlands and the Central Valley Fire District have
determined that, similar to the west end cities experience,
dollars can be saved and the time to implementation can be
less by not participating in the county plan. Accordingly, a
proposal was requested from Omnicom based on their previous
and continuing experience with the County and the west end
cities. The proposal was two phased: 1) design of a system
independent of the county, and 2) bidding, purchasing and
implementation of system. The first phase is $56,874. The second
is $67,293.
The proposed agreement only deals with the $56,874 as
outlined in the attached agreement.
San Bernardino's portion is $19,906. The method for
allocation is the number of radio units. The number of units
is being reaffirmed prior to billing each entity. A letter
from each participating agency is enclosed indicating their
willingness and authority to pay their portion. Neither the
proposal or the agreement obligates San Bernardino or any
other agency to pay more than their proportionate share based
on proportionate number of units.
In the spirit of cooperation and expediency San Bernardino is
acting as the lead agency. Accordingly, it is requested that
the resolution authorizing entering into agreement be
adopted.
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;~AMES E. ROBBINS
Deputy City Administrator
JERjdm
Attachment 1
75-0264
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ATTACHMENT 1
Aaencv Current Radios1 Total % % S
San Bernardino 235 80 294 609 35 $19,906
Redlands 232 232 14 7,962
Fontana 67 65 132 8 4,550
Colton 63 36 46 145 9 5,119
Rialto 60 31 40 131 8 4,550
Lorna Linda 50 25 75 4 2,275
County Fire 369 369 22 12,512
----- -------
Total 425 566 702 1,693 100 $56,874
1Number represents a 1987 census of radios. The number and this chart
will be revised to reflect the number of units as of October 1, 1989.
FILED:800MHZ
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LETTER OF AGREEMENT
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The CITY OF COLTON agrees to participate in a project to
develop a comprehensive 800 MHz Communications Plan for
participating agencies of the "East End" San Bernardino
Valley group consisting of the cities of Colton, Fontana,
Loma Linda, Redlands, Rialto, San Bernardino, and the Central
Fire District.
The project is as described in Phases I and II of the August,
1989, proposal by Omnicom, Inc., entitled "East End/San
Bernardino Radio Communications System Improvement Project."
As a participant, CITY OF COLTON agrees to pay to the City of
San Bernardino its pro rata share of the $56,874 charge by
omnicom, Inc. for completing Phases I and II of the proposal.
The City of San Bernardino will make payments to Omnicom.
The CITY OF COLTON acknowledges that its pro rata share is
based on its percentage of the total communication units as
of October 1, 1989, of the participating East End agencies.
In line with this, the CITY OF COLTON certifies that the
following accurately describes the number of participating
communications units possessed as of October 1, 1989:
Portable radios (hand held) ~ ~~ Lol; Govt.
Mobile radios (vehicular) 3(P I"! 13-
Base stations ~ ..!t- S
Mobile data terminals -(9 ..&- 4:!)
LeIS h -~~
Name
As a condition of participation, the CITY OF COLTON agrees to
appoint and make available a designated individual to act as
its representative and point of contact for all actions and
information required by this project. That individual is:
A. ~-eaV1e C7J~ 370-,C'y")5/
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LETTER OP AGREEMENT
The CENTRAL FIRE DISTRICT agrees to participate in a project
to develop a comprehensive 800 MHz Communications Plan for
participating agencies of the "East End" San Bernardino
Valley group consisting of the cities of Colton, Fontana,
Lorna Linda, Redlands, Rialto, San Bernardino, and the Central
Fire District.
The project is as described in Phases I and II of the August,
1989, proposal by Omnicom, Inc., entitled "East End/San
Bernardino Radio Communications System Improvement Project.-
As a participant, CENTRAL FIRE DISTRICT agrees to pay to the
City of San Bernardino its pro rata share of the $56,874
charge by Omnicom, Inc. for completing Phases I and IX of the
proposal. The City of San Bernardino will make payments to
Omnicom.
The CENTRAL FIRE DISTRICT acknowledges that its pro rata
share is based on its percentage of the total communication
units as of October 1, 1989, of the partiCipating East End
agencies. In line with this, the CENTRAL FIRE DISTRICT
certifies that the following accurately describes the number
of participating communications units possessed as of October
1, 1989:
Portable radios (hand held)
Mobile radios (vehicular)
P.D.
F.D:.--
:16
Loc. Govt.
:37'
.3
Base stations
Mobile data terminals
As a condition of participation, the CENTRAL FIRE DISTRICT
agrees to appoint and make available a designated individual
to act as its representative and point of contact for all
actions and information required by this project. That
individual is: ~
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Phone No.
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Name and Title
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JuriSdiction/Organization
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City of San Bernardino
Administration Department
300 North "D" Street
San Bernardino CA 92418
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November 8, 1989
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Attn: James E. Robbins
Deputy City Administrator
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800 MHz RADIO SYSTEM - LETTER OF AGREEMENT
On NOVember 7, 1989, the Redlands City Council ,approved a
request to participate with the other east valley agencies in
sharing the pro-rata cost of the consultant study for the
East End Radio Communications Systems Improvement Study as
presented by Omnicom, Inc.
Attached is the Letter of Agreement with the numbers of
radios from the City of Redlands.
The primary contact for the City of Redlands will
Mills, Fire Chief, phone 798-7600. The alternate will
Mutter, City Engineer, phone 798-7551.
be Ray
be Ron
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;J . HOLMES
ty Manager
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cc: Ray Mills
Ron Mutter
30 CAJON STREET, P.O. BOX 2090
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REDLANDS, CA 92373
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LETTER OP AGRBBMENT
The CITY OF REDLANDS agrees to participate in a project to
develop a comprehensive 800 MHz Communications Plan for
participating agencies of the "East End" San Bernardino
Valley group consisting of the cities of Colton, Fontana,
Lorna Linda, Redlands, Rialto, San Bernardino, and the Central
Fire District.
The project is as described in Phases I and II of the August,
1989, proposal by Omnicom, Inc., entitled "East End/San
Bernardino Radio Communications System Improvement Project."
As a participant, CITY OF REDLANDS agrees to pay to the City
of San Bernardino its pro rata share of the $56,874 charge by
Omnicom, Inc. for completing Phases I and II of the proposal.
The City of San Bernardino will make payments to Omnicom.
The CITY OF REDLANDS acknowledges that its pro rata share is
based on its percentage of the total communication units as
of October 1, 1989, of the participating East End agencies.
In line with this, the CITY OF REDLANDS certifies that the
following accurately describes the number of participating
communications units possessed as of October 1, 1989:
Portable radios (hand held)
Mobile radios (vehicular)
Base stations
P.O.
65
F.D.
16
Lac. Govt.
33
32
3
16
4
135
21
Mobile data terminals 0 0 0
100 36 189
As a condition of participation, the CITY OF REDLANDS agrees
to appoint and make available a designated individual to act
as its representative and point of contact for all actions
and information required by this project. That individual'
is:
Raymond Mills
Name
798-7600
Phone No.
Fire Chief
Name and Title
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City of Redlands
Jurisdiction/organization
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CALIFORNIA
of Rialto
October 20, 1989
Mr. James E. RObbins, Deputy City Administrator
Administrative Services
City of San Bernardino
300 North "0" Street
San Bernardino, California 92418-0001
RE: EAST END 800 MHz COMMUNICATION STUDY
Dear Jim:
The Rialto City Council, on October 17, 1989, authorized the
City's participation in the East End 800 MHz communications
study. Enclosed is an executed letter of agreement commit-
ting us to share the costs of the study based on our propor-
tionate share of radio units.
Sincerely,
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GERALD F. ~OHNSON
City,Admi~strator
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Attach
jomnicom.1020
150 SOUTH PALM AVENUE, RIALTO, CALIFORNIA 92376
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LETTER OF AGREEHEIfT
The CITY OF RIALTO agrees to participate in a project to
develop a comprehensive 800 MHz Communications Plan for
participating agencies of the "East End" San Bernardino
Valley group consisting of the cities of Colton, Fontana,
Lorna Linda, Redlands, Rialto, San Bernardino, and the Central
Fire District.
The project is as described in Phases I and II of the August,
1989, proposal by Omnicom, Inc., entitled "East End/San
Bernardino Radio Communications System Improvement Project."
As a participant, CITY OF RIALTO aqrees to pay to the City of
San Bernardino its pro rata share of the $56,874 charqe by
omnicom, Inc. for comp1etinq Phases I and II of the proposal.
The City of San Bernardino will make payments to Omnicom.
The CITY OF RIALTO acknow1edqes that its pro rata share is
based on its percentage of the total communication units as
of October 1, 1989, of the participatinq East End agencies.
In line with this, the CITY OF RIALTO certifies that the
following accurately describes the number of participating
communications units possessed as of October 1, 1989:
P.O. F.D. Loc. Govt.
Portable radios (hand held) 39 25 8
Mobile radios (vehicular} 55 30 66
Base stations 1 1 3
Mobile data terminals 0 0 0
As a condition of participation, the CITY OF RIALTO agrees to
appoint and make available a desiqnated individual to act as
its representative and point of contact for all actions and
information required by this project. That individual is:
Fire Chief Charles Skaqqs
Name
820-2511
Phone No.
Gerald F. Johnson, City Administrator City of Rialto
Name and Title Jurisdiction/Organization
October 20, 1989
Date
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NATHAN A. SIMON
MA'IOll
BEN L ABERNATHY
GARY E. BOYLES
WilliAM KRAGNESI
PATIlICIA M. MURRAY
COUNcIL MIMI.M
City
C A
of Fontana
LIFORNIA
MARTHA STEEN BOCK
CI1"l'CLlIllIC
RON HIBBLE
em lltEAlUMR
JOHN O'SULLIVAN
CITY MANAGE"
October 18, 1989
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James Robbins
Deputy City Administr.tor
300 North "D" street
San Bernardino, CA 92418
Dear Mr. Robbins:
The city of Fontana desires to be included in the 800 MHZ
feasibility study to be compiled by omnicom Inc. The city i:tf
Fontana agrees to pay its fair share in this study to establish
radio needs for the city of Fontana, coupled with the cost of the
800 MHZ syst_.
I have placed Chief of Police Edward stout in charge of this
project. Any further coordination may be accomplished through his
office at 350-7702.
JOS/SCS:1IC1
Attachment
8353 SIERRA AVENUE (P,Q, BOX 5181 . FONTANA. CALIFORNIA 92334-0518 . (714135().7800
SISTER CITY - KAMlOOPS. B.C. CANADA
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LETTER OF AGREBJlBIlT
The CITY OF FONTANA agrees to participate in a project to
develop a comprehensive 800 MHz Communications Plan for
participating agencies of the "East End" San Bernardino
Valley group consisting of the cities of Colton, Fontana,
Lorna Linda, Redlands, Rialto, San Bernardino, and the Central
Fire District.
The project is as described in Phases I and II of the August,
1989, proposal by Omnicom, Inc., entitled "East End/San
Bernardino Radio Communications System Improvement Project."
As a participant, CITY OF FONTANA aqrees to pay to the City
of San Bernardino its pro rata share of the $56,874 charge by
Omnicom, Inc. for completing Phases I and II of the proposal.
The City of San Bernardino will make payments to Omnicom.
The CITY OF FONTANA acknowledges that its pro rata share is
based on its percentage of the total communication units as
of October 1, 1989, of the participating East End agencies.
In line with this, the CITY OF FONTANA certifies that the
following accurately describes the number of participating
communications units possessed as of October 1, 1989:
P.D. F.D. Loc. Govt.
Portable radios (hand held) 4q n 11
Mobile radios (vehicular) "A n ,:;,:;
Base stations 7 n 1
Mobile data terminals 1:ti. n n
As a condition of participation, the CITY OF FONTANA agrees
to appoint and make available a designated individual to act
as its representative and point of contact for all actions
and infor~ation required by this project. That individual
is:
Edward F. Stout:. Chief of Police
Name
(714) 350-7702
Phone No.
City Manager
City of Fontana
Jurisdiction/organization
10-7n_RQ
Date
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City Of Lorna Linda
25541 Barton Road. Lorna Linda. Callfomla 92354 0 (714) 799-28000 FAX (714) 799-2890
SIster City - Manipal. Kamataka. India
November 6, 1989
Richard McGreevy
Project Coordinator
Emergency Services Division
City of San Bernardino
300 North "'D"' Street
San Bernardino, CA 92418
Dear Mr. McGreevy:
Subject: East End 800 KHz Communications Needs
Enclosed is the executed "'Letter of Agreement" pertaining to the above.
I would also request that Director of Public Safety Peter R. Hills be con-
tacted as to any actions or information required by this project as he is our
coordinator for the KHz Communications Plan. Be may be reached at the above
address or by phone (799-2850).
Sincerely,
e~Ju/a)~-{)CJ,..1-
Pamela Byrnes-~Camb
City Clerk
Enclosure
cc: Director of Public Safety
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LBTTBR OF AGRBBIIBIlT
The CITY OF LOMA LINDA agrees to participate in a project to
develop a comprehensive 800 MHz Communications Plan for
participating agencies of the "East End" San Bernardino
Valley group consisting of the cities of colton, Fontana,
Loma Linda, Redlands, Rialto, San Bernardino, and the Central
Fire District.
The project is as described in Phases I and II of the August,
1989, proposal by Omnicom, Inc., entitled "East End/San
Bernardino Radio Communications System Improvement Project."
As a participant, CITY
City of San Bernardino
charge by omnicom, Inc.
proposal. The City of
Omnicom.
The CITY OF LOMA LINDA acknowledges that its pro rata share
is based on its percentage of the total communication units
as of October 1, 1989, of the participating East End
agencies. In line with this, the CITY OF LOMA LINDA
certifies that the following accurately describes the number
of participating communications units possessed as of October
1, 1989:
OF LOMA LINDA agrees to pay to the
its pro rata share of the $56,874
for completing Phases I and II of the
San Bernardino will make payments to
Base stations
P.O. F.D. Loc. Govt.
25 12
15 29
1 2
Portable radios (hand held)
Mobile radios (vehicular)
Mobile data terminals
As a condition of participation, the CITY OF LOMA LINDA
agrees to appoint and make available a designated individual
to act as its representative and point of contact for all
actions and information required by this project. That
individual is:
'RfH":K'l'R. MI'n>tt4:I.T.
Name
(714) 799-2810
Phone No.
HI H14:K I' R MIrrnnt!I' .J. CITY MANAGER
Na~.M ...
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, Signature
CITY OF IOOA LINDA
Jurisdiction/Organization
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Date
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECU'rION OF AN AGREEMENT WITH OMNICOM, INC. TO PERFORM
CONSULTING SERVICES RELATING TO THE PROVISION OF SPECIFIC ENGIN-
3 EERING COMMUNICATIONS SERVICES IN SUPPORT OF THE PROJECT TITLED
"EAST END RADIO COMMUNICATIONS IMPROVEMENT PROJECT".
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement with Omnicom, Inc. to perform consulting services
relating to the provision of specific engineering communications
10 services in support of the project titled "East End Radio
11 Communications Services Improvement Project", a copy of which is
12 attached hereto marked Exhibit "A" and incorporated herein by
13 reference as fully as though set forth at length.
14
SECTION 2.
The authorization to execute the above-
15 referenced agreement is rescinded if the parties to the
16 agreement fail to execute it within sixty (60) days of the
17 passage of this resolution.
18
19
20 adopted by the Mayor and Common Council of the city of San
I HEREBY CERTIFY that the foregoing resolution was dUly
21
22
Bernardino at an
meeting thereof, held on the
, 1989, by the following vote, to
day of
23 wit:
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AYES:
NAYS:
ABSENT:
RESOLUTIC:>AUTHORIZING AGREEMENT WI~OMNICOM, INC.
TO PERFORM CONSULTING SERVICES RELATING TO THE PROJECT
TITLED "EAST END RADIO COMMUNICATIONS IMPROVEMENT PROJECT."
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City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W. R. Holcomb, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY~
10/30/89
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AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of
, 1989, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, 300 North "D" Street, San Bernardino,
California 92418, (herein referred to as "City"), and OMNICOM,
INC., 325 John Knox Road, Suite E-204, Tallahassee, FL 32303
(herein referred to as "Consultant).
City and Consultant agree as follows:
1. General Description of Work to be Done.
city hereby engages Consultant, au~ Consultant hereby
accepts such engagement, to ~erform the services herein
V
described for the compensation herein provided. Consultant
hereby assures and covenants to City that they have the
qualifications, experience and facilities to properly perform
said services, and hereby agrees to undertake and complete the
performance thereof for the compensation herein provided.
2. Term.
The term of this agreement shall commence on execution of
this agreement by both parties. The anticipated term of the
agreement is 24 weeks, and end June 30, 1990. However, this
agreement may be extended on a month-to-month basis for a
maximum of six (6) additional months upon the express written
consent of Consultant to such extension and the approval thereof
by the Mayor and Common Council. However, if the term of the
agreement is increased, there will be no change in the maximum
total compensation.
3. PaYment and provision for PaYment.
A. Maximum Compensation
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(1) Maximum total compensation to be paid
1 under this agreement shall be Fifty-six Thousand, Eight
2 Hundred Seventy-Four dollars ($56,874) for total phases
3 I & II as outlined in Consultant's cost proposal,
4 attached hereto, marked Exhibit "B".
5 Payment to Consultant for services provided under
6 this agreement shall be on a monthly basis with project
7 costs identified by Consultant in four expense
8 categories: direct engineering expense; travel; perdiem
9 expense; general & Administrative expense; and
10 profit/fee expense.
11 B. Manner of Compensation
12 (1) The Consultant shall submit an invoice for
13 payment to the City Administrator's Office in such
14 manner that Consultant shall be paid monthly.
15 (2) Consultant shall assume and pay all out-
16 of-pocket expenses and costs of performing services
17 under this agreement except as otherwise specifically
18 provided herein, and City shall not be liable for any
19 such costs and expenses.
20 4. General Descriotion of Work to be Done.
21 City hereby retains Consultant to perform
22 appropriate communications surveys; needs assessments,
23 analyses, design & comprehensive planning necessary to
24 meet the requirements of the Cities of Colton, Fontana,
25 Lorna Linda, Redlands, Rialto, San Bernardino and the
26 Central Valley Fire District which collectively make up
27 the "East End" communication system.
28 Included, will be the analysis of eXisting communi-
cations systems, communication centers, control systems,
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and communications maintenance and service functions.
1 The optimum system configuration(s) that will meet the
2 existing and long term communications requirements of
3 the East End Public Safety agencies and Public Service
4 agencies will be identified.
5 The result will be the provision of both short and
6 long term comprehensive solutions to the East End
7 communication system needs for normal operations as well
8 as an integrated system that will fulfill the emergency
9 response needs of East End cities.
10 5. Amendments.
11 This agreement may be amended or modified only by
12 written agreement executed by both parties.
13 6. Assianment.
14 Consultant's rights under this agreement shall not
15 be assigned by Consultant to any other person, firm or
16 corporation without the prior written consent of the
17 City.
18 7. RelationshiD of Parties.
19 Consultant is acting as an independent contractor,
20 and not as an employee of the city. In the performance
2] of personal services pursuant to the provisions of this
22 agreement, Consultant shall not be supervised, directed,
23 or under the control or authority of any City officer or
24 employee, except and to the extent as may be expressly
25 or implicitly required by the terms and provisions of
26 this agreement. Any direction or control so required
27 under this agreement shall be limited to broad
28 objectives or goals of the project or program to be
accomplished and not to the details and procedures to
.
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accomplish such objectives or goals. Consultant shall
1 not be obligated to conform to the supervision or
2 direction of City officers or employees which are not
3 authorized herein. Changes or modifications of said
4 objectives and goals may be made by written recommenda-
5 tions of either party subject to the concurrence of the
6 other party in writing.
7 8. Hold Harmless.
8 Consultant shall indemnify and hold harmless, the
9 City, its elective and appointive boards, commissions,
10 officers, agents and employees from any liability for
11 damage, personal injury or death arising out of any
12 willful or negligent act, error or omission of the
13 Consultant incidental to the performance of the
14 Consultant's professional services under this agreement.
15 Neither Consultant nor any of its subconsultants will be
16 liable under this section for damage, personal injury or
17 death directly caused or resulting from the sole
18 negligence of the City or any of its elective and
19 appointive boards, commissions, officers, agents and
20 employees.
21 The Consultant shall not commence any work pursuant to
22 this Agreement until all insurance required under this
23 Section has been obtained and such insurance has been
24 approved by the City. The Consultant shall maintain
25 during the term of this Agreement the following
26 insurance:
27 A. Automobile Liability Insurance covering all
28 owned, non-owned and hired vehicles used in connection
with the work in an amount not less than $300,000
10/30/89
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combined single limit per occurrence for bodily injury
1 and property damage.
2 B. Professional Liability Insurance in the amount
3 of $250,000 with deductible per claim, if any, not to
4 exceed ten percent (10%) of the limit of liability
5 providing for all sums which the Consultant shall become
6 legally obligated to pay as damages for claims arising
7 out of the services performed by the Consultant or any
8 person employed by the Consultant in connection with
9 this Agreement.
10 C. Public Liability Insurance, on a comprehensive
11 basis, in an amount not less than $1,000,000 combined
12 single limit per occurrence for bodily injury and
13 property damage. The policy must be endorsed to show
14 the City of San Bernardino as additional insured.
15 The Consultant shall furnish certificates of
16 insurance to the City prior to the commencement of
17 operations, which certificates shall clearly indicate
18 that the Consultant has obtained insurance in the type,
19 amount, and classification as required for strict
20 compliance with this Section and that no material change
21 or cancellation of this insurance shall be effective
22 without thirty (30) days prior written notice to the
23 City.
24 9. Attornev's Fees.
25 In the event an action is filed by either party to
26 enforce rights under this agreement, the prevailing
27 party shall be entitled to recover reasonable attorney's
28 fee in addition to any other relief granted by the
court.
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10. Terminated bv citv.
1 Notwithstanding any other provision of this
2 Agreement, the City, by notifying Consultant in writing,
3 may terminate all or a portion of the services agreed to
4 be performed under this Agreement with or without cause.
5 Consultant shall be given five (5) days written notice
6 for failure of Consultant to perform obligations under
7 the contract in a satisfactory manner, and thirty (30)
8 days written notice if termination is for other reasons.
9 Notice shall be mailed posted to the address set forth
10 herein for the receipt of notices. In the event of any
11 termination, Consultant shall have the right and obliga-
12 tion to immediately assemble work in progress and
13 forward same to the City. All charges outstanding at
14 the time of termination shall be payable by the City to
15 Consultant within thirty-five days following submission
16 of final statement by the Consultant.
17 11. AcceDtance of Final PaYment Constitutes
18 Release.
19 The acceptance by Consultant of the final payment
20 made according to the terms of this Agreement shall
21 operate and be a release to the City, and every employee
22 and agent thereof, from all claims and liabilities to
23 Consultant for anything done or furnished for or
24 relating to the work or services, or for any act or
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failure to act of the City relating to or arising out of
work and this agreement.
12. Acknowledament.
(al Consultant acknowledges and agrees that City
is the sole and exclusive owner of all rights and
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remedies in and to certain confidential ideas and
secrets concerning the operations of City, any products
or information resulting, in whole or in part, from the
work performed under this agreement, and all products or
information derived or to be derived from said work,
regardless of whether City's or Consultant's work is
subject to patent, copyright, or other protection.
(b) In the event that any work performed under
this agreement is or becomes the subject of a patent
application, patent, copyright, or other rights under
the laws of the United states or any other country,
Consultant agrees and understands that City shall have
all the rights and remedies available to City under the
law as a result of such patent applications, patents,
copyrights, or other rights.
13. Confidentiality and Non-Disclosure.
(a)
Consultant acknowledges
that during the
Consultation, Consultant has had and/or shall have
access to and has become and/or shall or may become
aware of secret information. Consultant agrees to hold
in confidence all such secret information disclosed to
Consultant or developed by Consultant in connection with
the work performed under this agreement, either in
writing, verbally, or as a result of the Consultant
except:
(1) Information which, at the time of
disclosure, is in the pUblic domain or which, after
disclosure, becomes part of the public domain by publi
cation or otherwise through no action or fault of
Consultant; or
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(2) Information which Consultant can show
1 is in its possession at the time of disclosure and was
2 not acquired, directly or indirectly, from city;
3 (3) Information which was received by
4 Consultant from a third party having the legal right to
5 transmit that information. Nothing in this paragraph is
6 intended to nor shall make confidential records or
7 information which is otherwise made open to public
8 inspection by law.
9 (b) Consultant shall not, without the written
10 permission of the City Administrator, use the secret
11 information, which Consultant is obligated hereunder to
12 maintain in confidence, for any reason other than to'
13 enable Consultant to properly and completely perform
14 under this agreement.
15 (c) Consultant shall not reproduce or make copies
16 of the secret information or Consultant's output, except
17 as required in the performance of this agreement. Upon
18 termination of the agreement for any reason whatsoever,
19 Consultant shall promptly deliver to City all correspon-
20 dence, drawings, blueprints, manuals, letters, notes,
21 notebooks, reports, flow-charts, programs, proposals, or
22 documents concerning City.
23 (d) Except as may be required for performance of
24 this agreement, Consultant shall not, during or at any
25 time subsequent to this agreement, unless City has given
26 prior written consent, disclose or use the secret
27 information or engage in or refrain from any action,
28 where such action or inaction may result (1) in the
unauthorized disclosure of any or all such secrets to
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any person or entity; or (2) in the infringement of any
1 or all such rights.
2
(e)
Consultant shall immediately notify City of
3 any information which comes to Consultant's attention
4 which does or might indicate that there has been any
5 loss of confidentiality of such secrets or breach of
6 such rights.
7 (f) Consultant shall limit the disclosure of the
8 secret information to those persons in Consultant's
9 organization or the city, who have a need to know all or
10 part of the secret information. Consultant shall make
11 such disclosure to each such person limited to that
12 portion of the secret information that that person needs
13 to know. Consultant shall inform each such person of
14 the provisions of this agreement
regarding secret
15 information and shall make reasonable efforts to insure
16 that each such person shall abide by those provisions.
17
14. Notices.
18 Any notice required to be given hereunder shall be
19 deemed to have been given by depositing said notice in
20 the united states mail, postage prepaid, and addressed
21 as follows:
22
23 City:
Consultant:
24 Shauna Clark, City Clerk
City of San Bernardino
25 300 North "D" street
San Bernardino, CA 92418
OMNICOM, INC.
325 John Knox Road
suite E-204
Tallahassee, FL 32303
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27 Nothing in this paragraph shall be construed to prohibit
28 the giving of such notice by personnel service.
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AGREEMENT<:lTH OMNICOM RELATING TO CO~ULTING SERVICES
CONNECTED WITH THE PROJECT TITLED "EAST END RADIO
COMMUNICATIONS IMPROVEMENT PROJECT."
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15. Entire Aareement.
This contract constitutes the entire Agreement
between City and Consultant and may be modified only by
further written agreement between the parties.
IN WITNESS WHEREOF,
this Agreement
has been
executed by the parties effective as of the date and
year first above written.
ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of
the State of California
By:
W. R. Holcomb, Mayor
15 Shauna Clark
City Clerk
CONSULTANT:
By:
OMNICOM, INC.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:~.f
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10.0 PROJECT COSTS
EXHIBIT "Bn
OMNICOM, IDe. will provide the professional sel'Yices described in this proposal
for the ~ts presented herein. Firm costs are presented for each of the two
phases of the Project, and include detailed calc:ulations of Engineering hours and
rates, travel and per diem expenses, administrative costs and profit.
If an increase or decrease in project scope is required to fulfill the project goals
and objectives, these costs may be adjusted accordingly.
The costs presented herein do not include:
Microwave or land mobile radio frequency coordination fees or
licensing fees that may be imposed by the frequency coordinating
agency or the FCC.
Communications tower structural analysis fees, if required.
Environmental Impact Study fees.
IT any of the above fees are required they will be invoiced to the East End at
actual cost.
It is proposed that OMNICOM, Inc. invoice the East End on a monthly basis for
professional sel'Yices performed and expenses incurred.
OMNICOM's Federal ID Number is 59-2154481.
2
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10.2 Cost DetaD. Phase I. Site Sunrey, and Needs Assessment and Interviews
DIRRCT ENGIm:RRnTG ElCPRN~~
Project Director, 96 Mrs. @ $45
Senior Project Engineer, 94 Mrs. @ $42
Project Engineer, 90 Mrs. @ $40
Engineering Overhead @ 55%
$ 4,320
3,948
3,600
6,527
TRA VRL ANn PER DIRM ElCPRNSE.'i
$ 18,395
4 Round Trip Airline Fare @ $958
17 Man Days Per Diem @ $105
8 Days Rental Vehicle @ $65
$ 3,832
1,785
520
GEMl:RAJ. ANn ADMlNTIlTR.4.TnT. ElCP~N~~
$ 6,137
General and Administrative Expense @ 11 %
$ 2,698
PROFn:/FRR EXPRNS~
Profit/Fee @ 10%
$ 2,723
TOTAL, PHAsE I
$ 29,954
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10.3 Cost Detail, Phase II . Alternative Conngurations and Comprehensive Plan
DIRFrr ENGINF.F.RING EXPF.N.llllj;
Project Director, 120 Hrs. @ $45
Senior Project Engineer, 68 Hrs. @ $42
Project Engineer, 71 Hrs. @ $40
Engineering Overhead @ 55%
$ 5,400
2,856
2,880
6,125
'l'RA VEL AND PER DIEM EXPF.N!;~
4 Round Trip Airline Fare @ $958
6 Man Days Per Diem @ $105
5 Days Rental Vehicle @ $65
$ 3,832
630
325
GENF.RAL AND ADMINlSTlU.TIVIi' EXPF.N!;ES
General and Administrative Expense @ 11%
PROFITIFF.F. EXPF.N~E
Profit/Fee @ 10%
TOTAL, PHASE n
TOTAL PHASES I & n
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S 17,261
$ 4,787
$ 2.425
$ 2,447
$ 26,920
$ 56,874