HomeMy WebLinkAbout09- Information Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JANIS INGELS, Subject: MAINTENANCE OF 80OMHZ
DIRECTOR OF MIS COMMUNICATION SYSTEM
Dept: ADMINISTRATION/MANAGEMENT BACKBONE FOR 96/97
Date:
INFORMATION SERVICES ORIGINAL
JUNE 20, 1996
Synopsis of Previous Council action:
ON JANUARY 22, 1996 COUNCIL APPROVED THE 95/96 AGREEMENT WITH
THE COUNTY OF SAN BERNARDINO FOR 80OMHZ BACKBONE MAINTENANCE.
RESOLUTION #96-13
JUN 25"96�-
Recommended motion:
ADOPT RESOLUTION
Signa ure
1
Contact person: JANIS INGELS Phone: 384-5010
Supporting data attached: STAFF REPORT, COUNTY AGREEMENTWard:
AMENDMENT
FUNDING REQUIREMENTS: Amount: $46,080
Source: (Acct. No.) 679-252-5172
Acct. Description) EQUIPMENT MA NTENANCE
4
Finance
Council Notes:
71_o262 Aaenda Item No_
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The only change to the FY 95/96 County agreement for maintenance
of the City's 800Mhz backbone system is the term change to
96/97 fiscal year.
The dollar amount is the same as paid in FY 95/96.
75-0264
FOR COUNTY USE ONLY
E New Vendor Code Dept. Contract Number
• M Change
,' . •� x Cancel SC MHz A 96-168A1
County Department Dept. Orgn. Contractor's License No.
Information Services Department ISD MHZ
County Department Contract Representative Ph. Ext. Amount of Contract
Pearl Holliday, Staff Analyst (909) 387-7380 $46,080 for 96/97 FY
County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
IAM MHZ MHZ 9800
F A S Commodity Code Estimated Payment Total by Fiscal Year
STANDARD CONTRACT FY Amount I/D FY Amount I/D
Project Name
800 MHz Backbone Radio
Equipment Maintenance
Services Agreement
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name CITY OF SAN BERNARDINO CONTRACTOR
hereinafter called
Address
Janice Ingles,Director-Management of Information Services
300 North `D' Street, San Bernardino,CA 92418-0001
Phone Birth Date
(909) 384-5010
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and reverse side of form if needed.Set forth service to be rendered,amount to be paid,manner of payment,time for performance or completion,
�ination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
AMENDMENT NO. Al
Paragraph 2 is hereby amended as follows:
"The term of this Agreement shall be renewed on the first day of July 1996, and shall continue
for a term through June 30, 1997, and may be renewed, after this term, for an indefinite period."
Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are incorporated
herein in full.
COUNTY OF SAN BERNARDINO
Chairman, Board of Supervisors (State if corporation, company, etc.)
Dated By ►
(Authorized Signature)
SIGNED AND CERTIFIED THAT A COPY OF THIS Dated
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD. Title
Clerk of the Board of Supervisors of the County of San
Bernardino. Address
P-
Deputy
A,, ,,ved as t/Le FReviewed as to Affirmative Action Reviewed for Processing
► Nat A ►
County Counsel / 11c able Agency Administrator/CAO
Date 6 Date �
Date
Qr � V
800 NLHZ BACKBONE R-4DI0 EQLIPtiIENT
NLkLNTEN_NCE SERVICES AGREENIErT
1. AGREENfENT
This is a Maintenance Services Agreement ("Agreement") between the City of San Bernardino (CUSTOMER)
and the County of San Bernardino (COUNTY), through the Information Services Department (ISD), for
Maintenance Services on 800 MJ-1z Backbone Radio Equipment (Equipment) as set forth in this Agreement and
on Schedule A. Such services may be provided through ISD or vendors, at ISD's discretion.
2. TERM
The term of this Agreement shall commence on the first day of the month following its execution and shall
continue for an initial term through June 30, 1996 and may be renewed, after this term, for an indefinite period.
This Agreement may be terminated at any time after the initial term with or without cause by CUSTOMER or by
COUNTY upon written notice given to the other at least thirty (30) days before the date specified for such
termination. Any such termination date shall coincide with the end of a calendar month. Neither party shall incur
any liability to the other by reason of such termination.
3. CUSTOMER REPRESENTATIONS
The CUSTOMER represents that the person signing this Agreement is a duly authorized representative of the
CUSTOMER and has the authority to execute this Agreement on the CUSTONfER's behalf.
4. LNV01CING
During the term of this Agreement, the CUSTOMER shall pay as minimum payments the amount of the
installments shown on Schedule A. The first payment shall be due upon commencement of this Agreement.
Failure to pay promptly will result in termination of this Agreement. All future annual payments will be due no
later than November lst of each year. Equipment added will be paid on a prorata basis within thirty (30) days of
addition to this schedule.
5. SERVICES IQ BE PROVIDED
5.1. COUNTY agrees to provide the following services without additional cost (pre-scheduling is requested):
5.1.1. Maintain sufficient "Loaner" Equipment to temporarily replace Equipment that is removed from
service for maintenance reasons.
5.1.2. Remove, reinstall and maintain Equipment that has become defective during normal wear and
usage. ISD shall determine whether or not defects are normal wear and usage, said determination
will be final. Repair work will be performed at the ISD-Radio Division, ISD-Communications,
or other ISD-prescribed location.
5.1.3. Service to be provided twenty-four (24) hours per day, 7 days per week with a two (2) hour
response time.
5.1.4. ISD reserves the right to subcontract for all or part of services from authorized Motorola repair
facilities.
800_BKBV.AGR Paget oN BB96-00I.SBC
5.1.5. ISD assumes liability for Equipment failure in the t. nor for any adverse consequences
caused by such failed Equipment.
5.1.6. ISD assumes no liability for failure to provide or delay in providing services, under this
Agreement, due directly or indirectly to causes beyond the control of ISD or other designated
repair facility.
5?. COL,NL TY will provide the following additional services on a time and material basis:
5.2.1. Service required due to CUSTOMER abuse or abnormal wear of Equipment.
5.2.2. Service to correct attempts by CUSTOMER or unauthorized third parties to repair or modify
Equipment.
5.2.3. Facility electrical problems at CUSTOMER location(s).
5.2.4. Services not covered in Section 5.1, to the extent feasible/cost-effective as determined by ISD.
5.2.5. Program or re-program equipment at CUSTOMER's request or in response to abnormal wear
and usage. County-originated systems reconfigurations excepted.
6. CUSTONIF RESPONSIBILITIES
6.1. CUSTOMER shall own its own Equipment.
6.2. CUSTOMER shall provide ISD with model and serial numbers of all equipment to be covered under this
Agreement.
6.3. CUSTOMER shall designate an individual as the single point of contact for maintenance coordination.
6.4. CUSTOMER shall coordinate and schedule service requirements with ISD in advance whenever
possible.
ASSIGN; MNT
This Agreement, or any interest therein, including any claims for monies due with respect thereto, shall not be
assigned, and any such assignment shall be void and without effect.
8. DEFAULT
If the CUSTOMER does not make timely payment of amounts due under this Agreement or breaches any term or
condition of this Agreement, COUNTY may declare immediately due and payable the entire amount of unpaid
monthly Agreement payments, plus all other amounts due hereunder, less any unearned charges. COUNTY may
also exercise all rights and remedies of a secured party under the Uniform Commercial Code (or other similar
law) of the State of California and pursue any other remedies existing in law or in equity.
9. GOVERYNIENT AGENCY FUNDENG
The CUSTOMER states that it is its intent to make all payments required to be made under this Agreement.
However, in the event, through no action initiated by the CUSTOMER, its legislative body does not appropriate
funds for the continuation of this Agreement for any fiscal year, after the first fiscal year, and it has no funds to
continue this Agreement from other sources, then CUSTOMER may terminate this Agreement under the terms of
this paragraph 10. To effect the termination of this Agreement, the CUSTOMER shall, within thirty (30) days
after the beginning of the fiscal year for which its legislative body does not appropriate funds, send COUNTY
written notice stating that its legislative body failed to appropriate funds. Such notice shall be accompanied by
the payment of all sums then owed COUNTY under this Agreement and the CUSTOMER shall return to
COUNTY, at the CUSTOtvfER's expense, any rental equipment in good condition (reasonable wear and tear
excepted) to a location designated by COUNTY. In the event the CUSTOMER must return any rental equipment
800 BKBN.AGR Pap 2 of BB96-00LSBC
pursuant to the terms of thi- , .ragraph, COUNTY shall retain all su. paid under this Agreement by the
CUSTOMER.
10. GENERA L. TERMS A2!M CONDITIONS
10.1. Indemnification - CUSTOMER agrees to indemnify, defend and hold harmless the COUNT TY and its
authorized agents, officers, volunteers and employees against any and all claims or actions arising from
CUSTO'NER's acts, errors or omissions and for any costs or expenses incurred by the COUNTY on
account of any claim therefor.
10.2. Permits - CUSTOMER is responsible for obtaining and paying the costs of any permits, licenses or
approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.
10.3. Exercise of COUNTY's Rights and Authority - The Director for the Information Service Department, or
his designee, shall have the authority to exercise COUNTY's rights under this Agreement.
10.4. Waiver - No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other
breach, or of such provision. Failure of COUNTY to enforce at any time, or from time to time, any
provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved
shall be cumulative and additional to any other remedies in law or equity.
10.5. Validity - The invalidity in whole or in part of any provision of this Agreemerit shall not void or affect
the validity of any other provision.
10.6. Captions and Paragraph Headings - Captions and paragraph headings used herein are for convenience
only and are not a part of this Agreement and shall not be used in construing it.
10.7. Attachments - All Attachment(s) and Schedule(s) hereto, if any, are an integral part of this Agreement
and are incorporated herein by reference.
10.8. Entire Agreement - This Agreement shall be governed by the laws of the State of California and
constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions
and preliminary understanding. This Agreement may be amended as COUNTY and the CUSTOMER
mutually agree in writing. Any such amendment must be signed/approved by authorized representatives
of the COUNTY and CUSTOMER.
10.9. Notification - All notices or demands required or permitted to be given or made hereunder shall be in
writing and shall be deemed duly given:
10.9.1. Upon actual delivery, if delivery is by hand; or
10.9.2. Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex,
telegram or facsimile; or
10.9.3. Three (3) days following delivery into the First Class United States mail.
Each such notice is to be sent to the respective party at the address indicated below or to any other
address or person that the respective party may designate by written notice delivered pursuant hereto:
To CUSTOMER: The City of San Bernardino To COUNTY: Information Services Department
300 North "D" Street County of San Bernardino
San Bernardino, CA 92418 670 East Gilbert Street, First Floor
San Bernardino, California 92415-0915
I
800_BKBN.AGR Page 3 of BB96-001SBC
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below
their respective signatures.
JUNTY OF SAN BERNARDINO CUSTOMER
Sign Names Sign Name
Chairman, Board of Supervisors
Print Name MARSH, TUROCI Print Name �D/�l /''l,l y D/Z
Title I 'LA VO/Q,
Date MAR 0 5 1996 Date r� 2' 6
96-168
Approved as to form
and legal .content :
Tames F . Penman,
ty At orney Q
By :
SIGNED AND CERTIREO THAT A COPY OF THIS
COLUMENT HAS BEEN DELIVERED TO THE CHAIR-
MAN OF THE BCARO.
EARLENE SPROAT
Clerk of th rvisors
o th-
B � v
r
^tzt
L �
800—BKBN.AGR Page 4 of 4 BB96-00 t.SBC
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