HomeMy WebLinkAbout18- Police Department 18.a
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Consent Calendar a
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,= City of San Bernardino 0
o' Request for Council Action
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Date: October 18, 2017 0
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To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager �64,0
By: Jarrod Burguan, Chief of Police o
Brian Pellis, Sergeant °O
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Subject: Agreement with the County of San Bernardino for 800 MHz r-
Radio Communications System Access and Issuance of a
Purchase Order to San Bernardino County
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Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, o
California, authorizing the execution of a 5-year agreement between the City of San
Bernardino, California, and San Bernardino County, California, for 800 MHz Radio 0
Communications System access and issuance of a purchase order to San Bernardino
County.
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Background 3
In 1990, the County of San Bernardino (County) established its 800 MHz Motorola d
SmartNET radio system to serve the communication needs of various public safety and E
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local government agencies throughout the County. While many municipalities and
public agencies joined the County radio system, the City of San Bernardino (City) Q
elected instead to build its own SmartNET system in 1994. The City has continuously o
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operated the SmartNET system for 23 years.
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In 2004, Motorola discontinued the SmartNET product, rendering the City's radio a
system "parts unavailable" and no longer supported by Motorola. The system has been i
maintained at a functional level for the last 13 years using spare parts and technical o
services provided by the County under contract. U
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In 2011, the County began construction of a new SmartZONE radio system to replace 9
its obsolete SmartNET system. The SmartZONE system serves as an improvement =
over the SmartNET system in that it features digital rather than analog capabilities and o
provides encrypted communications for public safety agencies. Since 2011, all major
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public safety agencies in the County have signed on as subscribers to the County
SmartZONE system.
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Discussion
The City SmartNET system is obsolete and needs to be replaced given its age (23
years), lack of support from Motorola (since 2004), and unavailability of critical parts. If
any major component of the City SmartNET system were to fail, public safety in the City 0
would be at significant risk given the reliance of the Police Department on the system.
Motorola estimates the cost to replace the City's SmartNET system with the current E
SmartZONE system to be approximately $7.1 million in startup expenses, followed by 0
annual maintenance costs of approximately $290,000. Given the high cost of building a o
new City-owned SmartZONE radio system, the Police Department explored the option
of becoming a customer of the County SmartZONE system, just as other public safety N
agencies throughout the County have done.
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As a customer, the City would subscribe to the existing County SmartZONE system on
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a monthly basis, paying a fee for each radio that is active on the system. Taking all City w
departments that currently use 800 MHz radios together, the City would have 0
approximately 543 radios (@ $51.35 per radio) and 8 dispatch consoles (@ $374.02 per
console) active on the County SmartZONE system, for an annual City subscriber cost of E
approximately $371,000. m
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Although annual subscriber costs as a County customer ($371,000) are approximately
$81,000 greater than annual maintenance costs of running a City-owned SmartZONE ;,
radio system ($290,000), the cost of building that system ($7.1 million) far outweighs the
increased annual costs.
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In addition to making financial sense and ridding the City of the responsibility for r
maintaining and servicing its own radio system, joining the County SmartZONE system 3
will enable seamless communications between the San Bernardino Police Department m
and other municipal and county fire and law enforcement agencies in case of a mutual E
aid response, disaster, or other emergency.
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Fiscal Impact
Funding for the agreement is included in the Adopted FY2017/2018 Budget. Police 4N
General Fund, Public Safety Systems. Anticipated expenditures for FY17/18 are not to !q-
exceed $300,000. Annual expenditures thereafter are contingent upon the number of a
radios active on the system. Anticipated annual costs are expected to be approximately W
$400,000 early in the contract period, but may increase to $500,000 per year as 2
additional radios are added to the system (representing Police Department growth). 0
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Conclusion q
Authorize the City Manager to execute a 5-Year Agreement between the City of San N
Bernardino, California, and San Bernardino County, California for 800 MHZ Radio
Community System Services and authorize the Director of Finance to issue a Purchase
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Order to San Bernardino County.
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Attachments
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Attachment 1 — Resolution; Exhibit A—Agreement
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Ward:
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Synopsis of Previous Council Actions: v
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Insert information in list form if applicable. a
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1 RESOLUTION NO.
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2RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN U)
3 BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A 5-YEAR o
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
4 BERNARDINO COUNTY FOR 800 MHZ RADIO COMMUNICATIONS SYSTEM
5 ACCESS AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO E
COUNTY. U
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7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY W
OF SAN BERNARDINO AS FOLLOWS: 2
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9 SECTION 1. The City Manager is hereby authorized to execute a 5-year agreement
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10 between the City of San Bernardino and San Bernardino County for 800 MHz Radio °c
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11 Community System access, which is attached hereto, marked Exhibit "A," and incorporated
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12 herein by this reference. `
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SECTION 2. The Director of Finance is authorized to issue an Annual Purchase r
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15 Order San Bernardino County in an annual amount not to exceed $500,000 for the term of °�
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16 November 1,2017 through October 21, 2022. w
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A 5-YEAR N
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN T
BERNARDINO COUNTY FOR 800 MHz RADIO COMMUNICATIONS SYSTEM
3 ACCESS AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO .2
4 COUNTY.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor E
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6 and City Council of the City of San Bernardino, California, at a o
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7 meeting thereof, held on the day of N
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2017,by the following vote,to wit: c
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10 Council Members: AYES NAYS ABSTAIN ABSENT c°
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11 MARQUEZ
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12 BARRIOS --_- -- — m
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13 VALDIVIA _ _ __ °
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SHORETT
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16 NICKEL s
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17 RICHARD
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18 MULVIHILL sp
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Georgeann Hanna,CMC,City Clerk
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The foregoing Resolution is hereby approved this day of— ,2017. r
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R. Carey Davis,Mayor N
25 City of San Bernardino =
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26 Approved as to form: 00
Gary D. Saenz, City Attorney
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FOR COUNTY USE ONLY
New FAS Vendor Code i Change Dept. Contract Number E
CanceSC ISD-17011 y
- ----------- - ----''--- _ T
SAN BERNARDINO ePro Vendor Number ePro Contract Number
COUNTY - C
County Department Dept. Orgn. Contractor's License No. p
Information Services Department ISD IAM
County Department Contract Representative Telephone Total Contract Amount
FAS Lea Radimaker (909)388-0672 $1,852,512.60 E
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Contract Type
STANDARD CONTRACT M Revenue ❑ Encumbered j_:i Unencumbered _ j] Other: U
If not encumbered or revenue contract type,provide reason: _ .D-a
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Commodity Code�Contra�ct Start Date Contract End Date Original Amount Amendment Amount' N
11/1/17 10/31/22 $ _
Fund Dept. Organization Apps Obj/Rev Source GRC/PROJ/JOB No Amount c
IAM ISD RAC 9880 $1,695,802.80 00
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Fund Dept Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount ( w
IAM ISD RSM 9880 $156,709.80
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Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
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— Project Name Estimated Payment Total by Fiscal Year m
800 MHz Radio Access and c
Maintanence FY Amount IID FY Amount I/D f6
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17/18 $247,001.68 20121 $370,502.52 O
18/19 $370,502.52 _ 21/22 $370,502.52 _ >+
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19120 $370,502.52 22/23 $123,500.84
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THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called Y
the County, and s
Name 3
San Bernardino Police Department
Address E
710 North D Street
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San Bernardino CA 92401 a
Telephone Federal ID No.or Social Security No.
(909)384-5690 N
hereinafter called Customer. 0
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IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment,time for performance or completion, m
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.) Ci
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I. SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATION SYSTEM ACCESS m
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The 800 MHz Radio Communications System, hereinafter called System, is composed of two components c
known as the Backbone and Field Equipment. The Backbone is defined as that portion of the System that CD
provides the means by which dispatch centers, public safety locations, mobile radios, and portable radios c
communicate with each other via voice transmission. It is composed primarily of fixed relay equipment and a)
associated centralized dispatch and control equipment, including Mobile Data Access Modems owned and
maintained by the County. Field Equipment is defined as that portion of the System that uses the Backbone M
for communications and consists primarily of local dispatch equipment, mobile radios, and portable radios. Q
Specific charges for the services provided under this Agreement are set forth in Exhibit A, 800 MHz Radio
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Communications System Access/Paging Services and Payment Terms, as attached hereto and herein
incorporated. _
A. System Purpose and Objective U)
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The primary purpose of the System is to serve the County and accommodate participation by public
safety and local governmental agencies in the County of San Bernardino. Secondarily, other
governmental and safety related non-governmental users may be allowed access to the System as E
conditions warrant and as provided for by this Agreement. During a disaster, public safety users will o
receive priority in all areas, based entirely on emergency response responsibilities and access to the U
System by non-public safety users may be limited or suspended. .2
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B. Backbone Operational Policies =
Public safety and local governmental users shall have operational priority over all other users. In the c
case of a disaster, public safety users affected by the disaster shall have operational priority over all 00
other public safety users, with County public safety users afforded the highest priority. w
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1) County has the final authority, at all times, to exercise discretionary control over the Backbone, and
to otherwise manage Backbone traffic to insure the ability of immediate-need public safety agencies c
to effectively communicate and for the overall benefit of all Backbone users. EXCEPT FOR m
GROSSLY NEGLIENT ACTS OR OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS c
SECTION, THE COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM v�
ALLOCATION DECISIONS. o
C. Backbone Modification (Post Backbone Implementation)
1) The County may determine that Backbone modification is needed from time to time to meet the t
changing needs of County and/or users. t
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2) Costs for Backbone modifications made after the execution of this Agreement shall be assessed as =
follows:
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(i) If the modification benefits all users, each user will bear the pro rata cost of the modification Q
based on the user's derived benefit. Derived benefit shall be determined as a percentage based
on the number of units that are in service by each end user divided by the total units being c
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serviced by the Backbone infrastructure at the time the modification is made.
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(ii) If the modification improves service only for users in a definable local area, all users in such
definable local area, and participating in and receiving direct benefit from the modification, shall r
share the costs for its implementation, operation, and maintenance equally. m
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(iii) If the modification only applies to a specific subset of users, the subset of users that caused the a
modification shall share the costs of the modification its implementation, operation, and m
maintenance equally. i
(iv) if the modification is requested by, and benefits only Customer, Customer shall bear the entire o
cost of the modification, its implementation, operation, and maintenance.
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3) Customer acknowledges and agrees that the County is the sole decision-maker in determining the r
allocation of costs for all Backbone modifications.
D. Field Equipment
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1) Customer shall, at Customer's expense and future financial liability, purchase and maintain its own E
Field Equipment. y
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2) Customer shall, at Customer's expense, expand or modify existing Customer structures, facilities, c
or dispatch centers as required to support the installation of Customer's Field Equipment. g
3) Customer is solely responsible for ensuring that the Field Equipment is compatible with the System.
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E. Related Non-Governmental Users E
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1) At times, Customer's non-governmental users may have a need to communicate with public
safety/local government services during emergencies, or in their daily support of public safety/local
government services. Where it is not in conflict with Federal Communications Commission (FCC) _
Regulations or other laws, and subject to approval by County, Customer's non-governmental users E
may be allowed Backbone access. However, Customer's non-governmental use of the Backbone g
for day-to-day operations shall be on a non-interfering, prioritized basis, and subject to channel 00
loading limits, as determined by County.
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2) County shall be responsible for coordinating Backbone access and implementing terms and a
conditions of such use, including one-time and recurring costs to be paid by new users. c
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3) County shall monitor non-governmental users of the Backbone. If the needs of public safety/local
government expand to the point of competition with non-governmental use of the Backbone, m
Customer's non-governmental users may be required by the County to terminate their use of the o
Backbone. r
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4) Customer's non-governmental users will be removed in reverse order of their entry into the System, U
i.e., the last user to enter the System will be the first user to be removed unless any other
Customer's non-governmental user voluntarily relinquishes access. r
5) County will provide Customer ninety (90) days prior written notice of termination of access to allow
Customer's non-governmental users to remove their equipment or transfer their operations to E
another communications system. At the expiration of the notice period, the Customer's non-
governmental users will be denied access to the System. a
F. Backbone Ownership N
It is understood that County has ownership of the Backbone, and upon any termination of this o
Agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall d
remain with the County. r
II. MEGAHERTZ RADIO AND EQUIPMENT MAINTENANCE SERVICES 0
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The County of San Bernardino Information Services Department (ISD) offers a number of 800 MHz radio and m
equipment maintenance services to public safety and local governmental agencies in the County of San =
Bernardino, as well as other governmental and safety-related non-governmental users. Services provided o
under this Agreement consist of 800MHz Backbone radio equipment maintenance, 800 MHz mobile/portable o
radio equipment maintenance, Mobile Data Access Modems maintenance, 800 MHz radio dispatch equipment
maintenance, and 800 MHz radio battery replacement. Specific charges for these services are set forth and a�
attached hereto as Exhibit A, 800 MHz Radio Communications System Access/Paging Services and E
Payment Terms.
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A. County Responsibilities in Providing Maintenance Services
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If providing maintenance services to Customer, ISD:
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1) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from Cn
service for maintenance reasons; y
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2) Will remove, reinstall and maintain Customer-owned radios or other covered equipment that has
become defective from normal wear and usage, as solely determined by ISD, and perform repairs at
ISD or elsewhere as determined by ISD; E
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3) Will provide a two-hour response time from notification for problems with radio dispatch equipment and v
Backbone radio equipment, and reasonable response time during normal County work hours on
normal County business days for maintenance of Mobile Data Access Modems, and mobile/portable
radios with after hours service available at premium rates; _
4) Reserves the right to subcontract for all or part of services; c
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5) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by such ,°
failed equipment; °c
6) Assumes no liability for failure to provide or delay in providing services, under this Agreement. c
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B. County Services Provided on a Time and Materials Basis
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1) Service required due to Customer abuse or abnormal wear; o
2) Service to correct attempts by Customer or unauthorized third parties to repair or modify equipment;
3) Facility electrical problems at Customer location(s)or vehicle electrical problems;
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4) Services in addition to those identified above, to the extent feasible and cost-effective, as determined 3
by ISD; c
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5) Program or re-program radios at Customer's request or in response to abnormal wear and usage, d
except for County-originated systems reconfigurations; Q
6) Replacement of accessories and consumable items, including batteries, antennas, and microphone N
cords;
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7) Radio reactivations are processed within 5 business days after the request is received, and are billed
for each serial number reactivated at one-half of the Board-approved hourly rate in effect at the time
reactivation is ordered.
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C. Customer Responsibilities Q
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1) Customer shall procure its own Field Equipment and shall: N
(i) Provide ISD with model and serial numbers of all equipment to be covered under this Agreement. 0
(ii) Designate an individual as the single point of contact for maintenance coordination.
(iii) Coordinate and schedule service requirements with ISD in advance whenever possible. a
(iv)Advise ISD of all radio relocations or reassignments within their fleet, within 24-hours of E
relocation or reassignment.
2) It is Customer's sole responsibility to maintain a current inventory of its Field Equipment using the
System and to approve and validate billing of that inventory. If Customer identifies discrepancies
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between billing and its inventory, a dispute notice should be sent by e-mail to E
isdfinance@isd.sbcounty.gov along with a justification and related documentation. If ISD CDy
determines that a charge was billed incorrectly, ISD will issue the applicable credit on the next Cl)
monthly billing cycle. c
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111. EFFECTIVE DATE AND TERMINATION
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This Agreement shall commence on November 1, 2017 hereinafter Effective Date. This Agreement shall E
remain in effect for five (5) years from the Effective Date, unless the County or the Customer, terminates o
the Agreement by giving sixty (60) days prior written notice to the other. County may, at its sole discretion, U
opt not to terminate its services until replacement services are identified and in place; however, in no event .--°a
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shall County's services be continued beyond 120 days of the original written notice. 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.
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IV. RATES AND PAYMENT TERMS
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Payment rates and conditions are set forth on Exhibit A, 800 MHz Radio Communications System 0
Access/Paging Services and Payment Terms attached hereto. Services are provided and invoiced on a R
monthly basis starting on the Effective Date of the Agreement, or starting on the installation date, if E
applicable. Monthly payment shall be due upon receipt of invoice. If a change in service level is requested m
or required, County will provide to Customer a revised Exhibit A, incorporating such changes, which shall
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be signed by Customer and returned to County. Customer's subsequent invoice shall be adjusted in m
accordance with the changes, on a prorated basis, as necessary. o
Exhibit A reflects the rates in effect at the execution of this Agreement. Any subsequent rate change shall o
become effective on July 1 of the County fiscal year (July 1 through June 30). County shall provide notice U
to Customer of rate change(s). r
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Customer's subsequent invoice shall be adjusted in accordance with the rate change(s). Checks shall be 3
made payable to the County of San Bernardino.
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Payment address is: Information Services Department a
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915 N
Attn: Administration Services
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V. AGREEMENT AUTHORIZATION m
Customer warrants and represents that the individual signing this Agreement is a properly authorized
representative of the Customer and has the full power and authority to enter into this agreement on the 2
Customer's behalf.
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VI. ASSIGNMENT =
The Customer may not assign this Agreement nor any rights, licenses or obligations hereunder, and any C1
such assignment shall be void and without effect unless the County approves the assignment in writing.
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VII.DEFAULT
If the Customer does not make timely payment of amounts due under this Agreement or breaches any term a
or condition of this Agreement, County may declare immediately due and payable the entire unpaid
amount, plus all other amounts due hereunder, less any unearned charges. County may also exercise all
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rights and remedies of a secure 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.
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VIII. INDEMNIFICATION AND INSURANCE _
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A. Indemnification o
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The County agrees to defend and indemnify the Customer and its authorized officers, employees, E
agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely o
out of the acts, errors or omissions of County in the performance of this Agreement, except where such U
indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense .2
in the defense of any claim, action or proceeding, but such participation shall not relieve County of any X
obligation imposed by this Agreement. Customer shall notify County promptly of any claim, action or =
proceeding and cooperate fully in the defense. The Customer hereby agrees to defend and indemnify 2
the County, its agents, officers and employees (hereafter collectively referred to in this paragraph as o
'County') from any claim, action or proceeding against County, arising solely out of the acts or f
omissions of Customer in the performance of this Agreement. At its sole discretion, County may %-
participate at its own expense in the defense of any such claim, action or proceeding, but such °c
participation shall not relieve Customer of any obligation imposed by this Agreement. County shall
notify Customer promptly of any claim, action or proceeding and cooperate fully in the defense. In the E
event that County and/or Customer are determined to be comparatively at fault for any claim, action, m
loss or damage that results from their respective obligations under this Agreement, County and/or
Customer shall indemnify the other to the extent of its comparative fault. v�
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B. Insurance >>,
Customer agrees to provide insurance set forth in accordance with the requirements herein. If
Customer uses existing coverage to comply with these requirements and that coverage does not meet
the specified requirements, Customer agrees to amend, supplement or endorse the existing coverage r
to do so. w
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1) Additional Insured —All policies, except for the Workers' Compensation, Errors and Omissions and c
Professional Liability policies, shall contain endorsements naming the County and its officers, E
employees, agents and volunteers as additional insured with respect to liabilities arising out of the L
performance of services hereunder. Q
2) Waiver of Subrogation Rights — Customer shall require the carriers of required coverages to waive
all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors CN
and subcontractors. All general or auto liability insurance coverage provided shall not prohibit
Customer and Customer's employees or agents from waiving the right of subrogation prior to a loss
or claim. Customer hereby waives all rights of subrogation against the County.
3) Policies Primary and Non-Contributory — All policies required herein are to be primary and non- a
contributory with any insurance or self-insurance programs carried or administered by the County. 2
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4) Severability of Interests — Customer agrees to ensure that coverage provided to meet these 0:
requirements is applicable separately to each insured and there will be no cross liability exclusions N
that preclude coverage for suits between Customer and the County or between the County and any �
other insured or additional insured under the policy. c
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5) Proof of Coverage — Customer shall furnish Certificates of Insurance to ISD evidencing the
insurance coverage, including endorsements, as required, prior to the commencement of 0
performance of services hereunder, which certificates shall provide that such insurance shall not be s
terminated or expire without thirty(30) days written notice to ISD, and Customer shall maintain such
insurance for three (3) years after termination of the Agreement. Within fifteen (15) days of the
commencement of this contract, Customer shall furnish a copy of the Declaration page for all
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applicable policies and will provide complete certified copies of the policies and endorsements E
immediately upon request. T
6) Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance N
shall be written by insurers authorized to do business in the State of California and with a minimum o
Best Insurance Guide rating of A-VII.
7) Deductibles and Self-insured Retention - Any and all deductibles or self-insured retentions in
excess of$10,000 shall be declared to and approved by Risk Management. E
8) Failure to Procure Coverage — In the event that any policy of insurance required under this contract 0
does not comply with the requirements, is not procured, or is canceled and not replaced, the County o
has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems
necessary and any premiums paid by the County will be promptly reimbursed by Customer. cc
9) Insurance Review — Insurance requirements are subject to periodic review by the County. The M
Director of Risk Management or designee is authorized, but not required, to reduce, waive or Q
suspend any insurance requirements whenever Risk Management determines that any of the o
required insurance is not available, is unreasonably priced, or is not needed to protect the interests w
of the County. In addition, if the Department of Risk Management determines that heretofore c
unreasonably priced or unavailable types of insurance coverage or coverage limits become 0
reasonably priced or available, the Director of Risk Management or designee is authorized, but not
required, to change the above insurance requirements to require additional types of insurance m
coverage or higher coverage limits, provided that any such change is reasonable in light of past
claims against the County, inflation, or any other item reasonably related to the County's risk. m
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10)Any change requiring additional types of insurance coverage or higher coverage limits must be r
made by amendment to this contract. Customer agrees to execute any such amendment within
thirty(30) days of receipt. U
11)Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of r
the insurance and indemnification requirements will not be deemed as a waiver of any rights on the
part of the County. 3
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12)Without in anyway affecting the indemnity herein provided and in addition thereto, the Customer E
shall secure and maintain throughout the contract term the following types of insurance with limits L
as shown:
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(i) Workers' Compensation/Employers Liability — A program of Workers' Compensation insurance r
or a state-approved, self-insurance program in an amount and form to meet all applicable Cq
requirements of the Labor Code of the State of California, including Employer's Liability with
$250,000 limits covering all persons including volunteers providing services on behalf of (n
Customer and all risks to such persons under this contract.
(ii) Commercial/General Liability Insurance —Customer shall carry General Liability Insurance V
covering all operations performed by or on behalf of Customer providing coverage for bodily o
injury and property damage with a combined single limit of not less than one million dollars a
($1,000,000), per occurrence. The policy coverage shall include:
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a. Premises operations and mobile equipment i
b. Products and completed operations Q
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c. Broad form property damage (including completed operations) CO
e. Explosion, collapse and underground hazards
f. Personal injury z
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g. Contractual liability
h. $2,000,000 general aggregate limit a
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(iii) Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business
Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). y
The policy shall have a combined single limit of not less than one million dollars ($1,000,000)for cn
bodily injury and property damage, per occurrence. c
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If Customer is transporting one or more non-employee passengers in performance of contract
services, the automobile liability policy shall have a combined single limit of two million dollars
($2,000,000)for bodily injury and property damage per occurrence.
If Customer owns no autos, a non-owned auto endorsement to the General Liability policy o
described above is acceptable. U
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(iv) Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to
comply with limits or other primary coverage requirements. When used, the umbrella policy N
shall apply to bodily injury/property damage, personal injury/advertising injury and shall include X
a dropdown provision providing primary coverage for any liability not covered by the primary o
policy. The coverage shall also apply to automobile liability o
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IX. TERMINATION OR SUSPENSION OF SERVICES
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A. Immediate Suspension, Uncured Termination
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The County may, in its sole discretion and without prior notice, immediately suspend all or part of the m
Services for breach of any of the conditions identified below. The County will provide Customer a
written notice of breach and allow the Customer 30 days to correct the condition giving rise to such cn
breach. If the Customer fails to remedy the breach within the 30-day cure period, the County may o
immediately terminate the Services with no further notice required. y
1) Customer shall ensure that it has all necessary licenses and permits required by the laws of the United --
States, State of California, County of San Bernardino and all other appropriate governmental agencies, y
and agrees to maintain these licenses and permits in effect for the duration of the Agreement.
Customer shall notify County immediately of loss or suspension of any such licenses and permits. 3
Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or c
regulations relating to its duties, obligations and performance under the terms of the Agreement. E
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2) Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or t
regulations relating to its duties, obligations and performance under the terms of the Agreement.
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3) Customer represents and warrants to County that (i) the information Customer provides in
connection with registration for the Services is accurate and complete; (ii) Customer's use of the 0
System is not illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, L
nationality, disability, sexual orientation, or age; (iii) Customer's use of the Services complies with
all applicable laws, rules and regulations; (iv) Customer has obtained all consents and licenses M
required to legally access and use the System; (v) the execution and delivery of this Agreement will
not conflict with, or violate any provision of, Customer's charter, by-laws or other governing
documents; and (vi) Customer has otherwise taken all necessary steps to legally execute this
Agreement. N
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4) Customer agrees to abide by all existing and future security practices, policies and protocols CD
established by the County, which the County has established to ensure the integrity of the System.
Customer understands that the County closely monitors the System and may perform periodic E
security audits. r
5) Customer agrees to implement measures that are reasonable for Customer's use of the System to
prevent interference with the operation of the System. NEITHER COUNTY NOR ANY OF ITS
EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE SUPPLIERS OR LICENSORS WILL BE
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18.b
LIABLE FOR UNAUTHORIZED ACCESS TO, MISUSE OF, CUSTOMER'S INABILITY TO E
ACCESS, OR DAMAGE TO THE SYSTEM OR CUSTOMER'S FIELD EQUIPMENT, UNLESS AND N
ONLY TO THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW. rn
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B. Immediate Termination °
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The County may, in its sole discretion and without prior notice, immediately suspend or terminate all or
part of the Services for any of the conditions identified below. The County will promptly provide E
Customer a written notice of termination or suspension of Services to Customer. C
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1) County discovers that Customer provided false registration information, or that Customer lacked the .2
capacity to enter into this Agreement at the time of its consummation;
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2) County determines, in its sole discretion, that Customer's use of the Services poses a threat to the M
security or performance of the System or to any of County's other users or suppliers; CD
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3) County determines, in its sole discretion, that Customer's use of the Services is illegal,; o
4) County reasonably believes that Customer's use of the Services has or will subject County to civil a
or criminal liability; L
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5) Customer fails to make any payment when due; or
6) Customer breaches any of the other material terms and conditions in this Agreement. o
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GENERAL TERMS AND CONDITIONS o
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A. Permits - Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals
by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate. w
3
B. Attorneys' Fees. If any legal action is instituted to enforce any party's rights hereunder, each party agrees
to bear its own attorneys' fees and costs regardless of who is the prevailing party. This paragraph shall E
not apply to those costs and attorney fees directly arising from a third-party legal action against a party m
hereto and payable under Section VIII(A)(a)Indemnification. a
C. Waiver- No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other N
breach, or of such provision. Failure of County to enforce at any time, or from time to time, any provision T
of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be o
cumulative and additional to any other remedies in law or equity
D. Validity - The invalidity in whole or in part of any provision of this Agreement shall not void or affect the Ili
validity of any other provision. 0
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E. Caption and Paragraph Headings - Captions and paragraph headings used herein are for convenience m
only and are not a part of this agreement and shall not be used in construing it. i
F. Exhibits - All Exhibits attached hereto, if any, are an integral part of this Agreement and are incorporated Co
herein by reference.
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G. Entire Agreement - This Agreement shall be governed by the laws of the State of California and s
constitutes the entire Agreement between the parties and supersedes all prior negotiations, discussions, MU
and preliminary understanding. This Agreement may be amended as County and the Customer mutually Q
agree in writing. Any such amendment must be in a physical writing and manually signed by authorized
representatives of the County and Customer.
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18.b
H. Notifications - All notices or demands required or permitted to be given or made hereunder shall be in
writing and shall be deemed duly given: (a) uUpon actual delivery, if given in person ; (b) upon receipt, as to
evidenced by transmission confirmation, if sent by facsimile; (c) within three (3) days after deposit if
sent via United States First Class mail, postage prepaid; or (d) upon receipt as evidenced by proof ofc
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delivery if sent by commercial overnight courier. 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 parties may designate r-
by written notice delivered pursuant hereto: E
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Customer: CITY OF SAN BERNARDINO POLICE AND PUBLIC WORKS U
710 NORTH D ST ..22
SAN BERNARDINO CA 92401
Attention: Contracts/Administration =
County: County of San Bernardino c
Information Services Department �°
670 E. Gilbert Street, First Floor 0
San Bernardino, CA 92415-0915 0
(909) 388-5555
Attn: Administration Services c
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XI. INFORMATION SERVICES DEPARTMENT AUTHORIZATION
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The County's Information Services Department, through the Chief Executive Officer or its Chief Information o
Officer or designee, is authorized to discharge all functions ascribed to County in this Agreement, except
those specifically reserved by law to the Board of Supervisors.
XII.FORCE MAJEURE t
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County shall not be held liable for any delay or failure in performance of any part of this Agreement from 3
any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military c
authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, E
insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or i
surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, a
inability to secure product or services of other persons or transportation facilities, or acts or omissions of
transportation common carriers. c
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IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date set forth below their
respective signatures. r
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COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO POLICE AND PUBLIC m
WORKS =
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Chief Information Officer (State if corporation,company,etc.)
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Dated By r -_
(Authorized Signature)
Dated
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18.b
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Approved—as-to Legal Form Reviewed by Contract Compliance E
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DeputyCounty Counsel R
Date Date N
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18.b
EXHIBIT A
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800 MHz RADIO COMMUNICATIONS SYSTEM ACCESS/PAGING SERVICES Cn
AND PAYMENT TERMS o
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PAYMENT SCHEDULE E
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Monthly Invoicing: County will invoice Customer monthly for services rendered. 0
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Payments are due upon receipt of invoice and payable within sixty(60)days of invoice date. _
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CHARGES FOR SERVICES w
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NOTE:CUSTOMER IS REQUIRED TO SUBMIT A COMPLETE LIST OF SERIAL NUMBERS FOR ALL RADIOS PAGERS MOBILE a
DATA ACCESS MODEMS AND DISPATCH CONSOLES ACCESSING THE COUNTY'S NETWORKS UPON EXECUTION OF THE
AGREEMENT.
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Service(s) No of Units Monthly Unit Charge Monthly Charge _ w
Radio Access 543 $46.54 $25,271.22 0
Radio Maintenance 543 $4.81 $2,611.83
Pager Access
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Mobile Data Access Modems 3
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Dispatch Console 8 $374.02 $2,992.16
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Total Estimated Monthly Cost a
Total Estimated Contract Cost c
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