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RESOLUTION NO. /;<#7
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH OMNITRANS RELATING TO RADIO
MAINTENANCE SERVICE.
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
authorized and directed to execute on behalf of said City an
agreement with Omnitrans relating to radio maintenance service,
a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
7"0 tAnJ
~ ' 1976, by the following vote
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~//.A!P';./~..v., A~,~
meeting thereof, held
on the
Y4
~ - day of
to wit:
AYES:
NAYS:
ABSENT:
of
The foregoing
a<y
C/
~.
-~:;./~ Cit.. cled/
resolution is hereby approved thi
day
, 1976.
I LED
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LUCILLE GOFORTH, CitY, Clerk
.,_:22. ~//""'-d,(,:1;c.6
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AGREE!i!NT
(radio maintenance service - Omnitrans)
THIS AGREEMENT is made and entered into this
day of
4 , 1976, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter called "City",
6 and OMNITRANS, a joint powers authority, hereinafter called
7 "Omnitrans".
8 WIT N E SSE T H:
----------
9 For and in consideration of the agreements, promises, pro-
10 visions and covenants hereinafter contained, the parties hereto
11 agree as follows:
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1. Services for Radio. (a) City agrees to furnish to
13 Omnitrans full maintenance service on the following listed
14 Omnitrans Radio equipment.
15 TYPE - Mobile Radio Transceivers installed in Omnitrans
16 vehicles.
17 QUANTITY - 118 sets.
18 MAKE - To be specified by Omnitrans.
19
(b) City shall furnish the following work and materials
20 on the above referenced radio equipment.
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(1) Periodically provide full maintenance service as
22 is necessary to maintain said radios in good working condition;
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(2) When conditions warrant City shall adjust, re-
24 pair or replace parts including condensers, resistors, integrated
2S circuits (IC), transistors, diodes, coils, relays, connectors,
26 printed circuits, sockets, plugs, cables and solid state component
27 and associated wiring and other parts as needed;
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(3) When necessary, repair or replace microphones,
1 handsets, speakers, antennae, cables, mounts and associated
2 wiring.
3 Repairs, renewals and replacements necessitated by ordinary
4 wear and tear only shall apply to this contract, and the City
5 shall not be required to make adjustments, repairs or renewals
6 necessitated by reason of neglect, negligence on the part of other
7 or misuse of said equipment;
8 (4) The City shall inspect and align each radio
9 transceiver at least once on an annual basis to comply with the
10 Federal Communications Commission specifications known as F.C.C.
11 test.
12 Services provided by City shall be on five day week, eight
13 hour day basis for regular repair. Emergency service on a 24 hour
14 day, seven days a week basis will be provided on a "On Call"
15 basis. Charges for this "On Call" service will be on an overtime
16 basis and shall be ~illed at the City's overtime rate for the
17 actual cost of said service. Such trouble calls on an emergency
18 basis shall be considered to start when the "On Call" person
19 receives the call and end when he returns home. Maintenance
20 services to be performed at City's Maintenance Facility, 1208
21 North "H" Street, San Bernardino, California, or Omnitrans San
22 Bernardino Terminal, 1700 West 5th Street, San Bernardino,
2;3 California.
24 2. Conditions. Nothing in this agreement shall be con-
25 strued to mean that the City assumes liability on account of
26 accidents to persons or property except those directly and solely
27 due to negligent acts of the City or its employees.
28 Omnitrans hereby agrees to, and shall, hold City, its
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elective and appointive boards, commissions, officers, agents
and employees harmless from any liability for damage or claims
for damage for personal injury, including death, as well as from
claims for property damage which may arise from the City's
performance and operations under this agreement.
The City shall not be held responsible or liable for any
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loss, damage, detention, or delay caused by accidents, strikes,
lockouts, fire, flood, act of civil or military authority, or by
insurrection or riot or by any other cause which is beyond its
control.
3. Term. This agreement shall commence on ~ /
1976 and continue thereafter for a term of ~// ~~. ~~ears.
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4. Compensation. The City shall charge Omnitrans, and
Omnitrans shall pay City's charges for City's services provided
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hereunder, computed upon the basis of the time spent by City's
personnel mu1tiplted by the average hourly rate of compensation
paid by City to the personnel performing the service provided for
18 herein. Said average hourly rate shall be computed by City so as
19 to consider the hourly rate plus fringe benefits and plus /O~
20 percent which said percentage shall include indirect cost and
21 overhead incurred as part of the Department's expense. Fringe
22 benefits considered shall include all fringe benefits included
23 but not limited to, retirement, vacations, paid holidays, group
24 life insurance, health and accident insurance, sick leave, and
25 the like.
26 At the end of anyone fiscal year during the term of this
27 agreement, City may revise the rate charged to Omnitrans to
28 reflect all increased costs. Omnitrans shall be notified in
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writing by City of such rate increases thirty (30) days prior
to the time that such rates become effective. It is the in-
tention of the parties hereto to provide that City shall be
entitled to recover all costs for its services to Omnitrans.
Parts, replacements, material used in repair and service
of said radio equipment shall be procured by City and charged to
Omnitrans at the actual cost of such material, parts or replace-
ments plus 10% to cover shipping and handling.
Charges will be billed to Omnitrans by City on a monthly
basis.
5. Termination. Either party to this agreement may
terminate this agreement during the period from July 1 to
september 30 of each year by giving thirty (30) days advance
written notice to the other party of its intent to so terminate
this agreement.
6. Assignment. Neither party hereto shall have the
right to assign this contract without prior written consent of
the other party and any assignment made without such written
consent shall be void.
7. Severability. If any provision or provisions of
this agreement are for any reason held to be invalid or uncon-
stitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the
remaining portions of said agreement.
8. Notices. Any notices required hereunder shall be
in writing and delivered in person or sent by certified mail
as follows:
IIIII
IIIII
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city of San Be~nardino
300 North "D" Street
San Bernardino, CA 92418
Omnitrans
1700 West 5th Street
San Bernardino, CA
9. Time of Essence. Time is of the essence with respect
to the terms and provisions of this agreement.
IN WITNESS WHEREOF, the parties hereto have subscribed
their names the day and year first hereinabove written.
ATTEST:
~
Appr,
CITY OF SAN BERNARDINO
OMNITRANS
BY~4//~
Title h' U~.
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