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Home My WebLink About12- Information Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JANIS INGELS, Subject: MAINTENANCE OF PUBLIC SAFETY DIRECTOR OF MIS DISPATCHING CONSOLES FOR Dept: ADMINISTRATION/MANAGEMENT 96/97. INFORMATION SERVICES Date: JUNE 20, 1996 ' Synopsis of Previous Council action: ON JANUARY 22, 1996, COUNCIL APPROVED 95/96 MAINTENANCE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MAINTENANCE OF POLICE AND FIRE DISPATCH CONSOLES. RESOLUTION #96-14 J 25',K,ref 7z Recommended motion: ADOPT RESOLUTION. c Signature Contact person: JANIS INGELS Phone: 384-5010 Supporting data attached: STAFF REPORT, AGREEMENT Ward: FUNDING REQUIREMENTS: Amount: $60,450.00 Source: (Acct No ) 679-252-5172 Acct. Description) EQUIPMENT MAINTENANCE Finance. ' Council Notes: 75-0262 Agenda Item No. — CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION - J STAFF REPORT The only change to the 95/96 County agreement for the maintenance of public safety dispatch consoles is the term change to fiscal 96/97_ The 13 consoles are maintained at the rate of 387.50 per console per month- h r� 75-0264 FOR COUNTY USE ONLY o E New Vendor Code Dept. nt ber M hange SC X Cancel MHz A 96-167A1 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 $60,450 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 $ Commodity Code Estimated Payment Total by Fiscal Year STANDARD CONTRACT FY Amount I/D FY Amount I/D Project Name _ _ Radio Dispatch 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: 0',a 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, nination 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 Deputy ANNr ved to Le I F rm Reviewed as to Affirmative Action Reviewed for Processing we ► ► 1 \ • ► County Counsel 1 c c�s� )je Agency Administrator/CAO Date Date Date &AN UR ADINO RADIO DISPATCH EQUIPMENT NLUN"rENANCE SERVICES AGREEMENT 1 AGREEMENT 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 Radio Dispatch Equipment (Equipment) as set forth in this Agreement and on Schedule A. Such services may be provided through ISD or vendors, at ISD' 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 parry 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 CUSTOMER's behalf. 4 INVOICING 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 pay on a prorata basis within thirty (30) days of addition to this schedule. 5 SERVICES TO 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 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. NO- AD.ACR PAP to(a RD96001_'W t'1 W95 I 12MM 5.1.4 ISD reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. 5.1.5 ISD assumes no liability for Equipment failure in the field, 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. 5.2 COUNTY 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 CUSTOMER RESPONSIBrLr ES 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. ASSIGNMENT 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 GOVERNMIENT AGENCY FUNDING 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 CUSTOMER'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 pursuant to the terms of this paragraph, COUNTY shall retain all sums paid under this Agreement by the CUSTOMER. .AGR Pap 2 of t } Ro96O01.SHC (2/20195 10 GENERAL TERMS A.NL D CONDITIONS 10.1 Indemnification -CUSTOMER agrees to indemnify, defend and hold harmless the COUNTY and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from CUSTOMER'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 Information Services 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 Agreement 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 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 Notifications - 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 parry 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: City of San Bernardino 300 North "D"Street San Bernardino, CA 92418 To COUNTY: County of San Bernardino Information Services Department First Floor 670 East Gilbert Street San Bernardino, California 92415-0915 800-RADAGR Par 7 0!♦ RM&MI38C 17170N3 12/20M IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below their respective signatures. NTY OF SAN BERNARDINO CUSTOMER Sign Name �ti� �a /,t_�.', Sign Name �G1 Chairman, Board of Supervisors n r Print Name MARSHA TUROCI Print Name /U Jm /M'�I,M Title AA�0 2 Date MAR 0 5 1996 Date k 96-167 Approved as to form and legal content : James F . Penman, City Attorney 'RV : a. ._*'�D APlD CERTIFIED THAT A COPY OF THIS I. 5'�10MENT HAS BEEN DELIVERED TO THE CHAIR- CF THE BOARD. EARL--"iE SP� T C!er4 rvisors 0f ^d Y 0 no ' 6 � l Y ti Zl (� Iii Kl:A1U: iA 9;?DINO WO-S AD.AGR Pap !at 4 RD9"1S8C 1212093 12/Mf93