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HomeMy WebLinkAbout22-City Administrator CITY OF SAN BERNAP.,INO - REQUEST FO~ COUNCIL ACTION November 19, 1993 Subject: Resolution authorizing agreement with the County for use of 800 MHz radio system. -rom: Fred Wilson Assistant City Administrator lept: late: {nopsis of Previous Council action: July 1990 -- Mayor and Council authorized the City Administrator to prepare a plan for the purchase and installation of the 800 MHz System for the City. August 1990 -- Action Plan represented to Council and was approved. August 1992 -- Agreement approved with Motorola for the purchase of a M.D.T. System for the City. October 1992 -- Agreement approved with Omnicon to provide consulting services for the implementation of the City's 800 MHz Trunked Radio System. Motorola awarded purchase order 'for 800 portable 800 MHz radios. June 1993 -- ecommended motion: Adopt resolution. #- 5;'0='" on tact person: Fred Wilson Phone: 5122 Jpporting data attached: yes Ward: UNDING REOUIREMENTS: Amount: $500 Source: (Acct. No.) 001-092-55500 (Acct. DescriPtion) Finance: ~//a.''- /g~ . f luncil Notes: -0262 Agenda Item No. ::l..:J.-- CITY OF SAN BERNA.~..DINO - REQUEST FC.A COUNCIL ACTION STAFF REPORT As part of the 800 MHz radio communications implementation plan, the city will be performing field tests with 800 MHz portable radios to verify that the proposed radio system backbone will provide adequate coverage to all areas in the city. The field tests will be conducted by communications staff transmitting voice communications at selected spots throughout the city to determine if any type of interference exists in the transmission. The data generated from the field tests will be used in the final design of the backbone system. The testing period is estimated to be 60 use of the county 800 MHz radio system. system is $25.00 per month, per radio. approximately $500. days and will involve the Their charge to use the The total cost will be FRED WILSON Assistant City Administrator FAWjmd 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE OPERATION AND 3 USE OF THE SAN BERNARDINO COUNTY 800MHZ RADIO COMMUNICATIONS SYSTEM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of the city an agreement by and between the City 8 of San Bernardino and the County of San Bernardino for the 9 operation and use of the San Bernardino County 800 MHz Radio 10 Communications System, a copy of which is attached hereto, marked 11 Exhibit "A", as fully as though incorporated at length. 12 SECTION 2. This authorization to execute the above-reference 13 14 15 16 17 18 19 20 agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San day meeting thereof, held on the Bernardino at a , 1993, by the following vote, to wit: of 21 councilmembers ABSTAIN ABSENT NAYS AYES 22 NEGRETE 23 CURLIN 24 HERNANDEZ 25 OBERHELMAN 26 DEVLIN 27 POPE-LUDLAM 28 1 2 3 4 5 6 7 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT WI~ THE COUNTY OF SAN BERNARr .0 FOR THE OPERATION AND USE OF Th~ SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATION SYSTEM. City Clerk The foregoing resolution is hereby approved this , 1993. day of Tom Minor, Mayor City of San Bernardino Approved as to form 8 and legal content: 9 /1 10 I~ By: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .," .. .- AGREEMENT FOR THE OPERATION AND USE OF THE SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATIONS SYSTEM This AGREEMENT FOR TI-1E OPERATION AND USE OF TI-lE SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATIONS SYSTEM ("Agreement") is entered into by and between the County of San Bernardino, a body politic, hereinafter designated as "COUNTY", and . hcrcinafter designated as "USER"~ on the date signed by the COUNTY. WlTNESSETI-l: WHEREAS, in the administration of county and city govenunent within the County of San Bernardino, and the efficient operation of public safety and local government agencies within such governmental units, the maintenance and operation of an 800 MHz Radio Communications System ("SY~TEM") is desirable. WHEREAS, COUNTY and USER have requirements for public safety and local government radio communications, and WHEREAS, COUNTY has developed and owns an 800 MHz Radio Communications System whieh meets the public safety and local government radio communications needs of the COUNTY and USER, and WHEREAS, said 800 MHz Radio Communications System will be available for the mutual use and benefit of the COUNTY and USER, and WHEREAS, it is recognized that other and subsequent users will desire to use this 800 MHz Radio Communications System, and '.- ., WHEREAS, the SYSTEM will require appropriate procedures for administering the addition and/or removal of subsequent or current users, planning and implementing future SYSTEM modifications, and developing and implementing operational policies beneficial to COUNTY and all users, NOW, THEREFORE, in consideration of the mutual covenants, conditions, agreements, and stipulations hereinafter expressed, the COUNTY and USER hereby agree as follows: 1. An 800 MHz Radio Communications System has been established and is owned by the COUNTY, Said SYSTEM is composed of two component parts, SYSTEM backbone ("BACKBONE") and SYSTEM field equipment ("FIELD EQUIPMENT'). BACKBONE is defined as tbat portion of the SYSTEM that provides the means by which dispatch centers, public safety locations, mobile radios, and portable radios communicate with each other via voice transmission, and is composed primarily of fixed relay equipment, and associated centralized dispatch and control equipment. FIELD EQUIPMENT is defined as that portion of the SYSTEM that uses the BACKBONE for communications, and consists primarily of local dispatch arrangements, mobile radios, and portable radios. As pertains to this Agreement, BACKBONE, FIELD EQUIPMENT and SYSTEM exclude data communications ((Mobile Digital Terminals (MDTs) and required support equipment)). A. The primary purpose of the SYSTEM is to serve the COUNTY and accommodate participation by public safety and local government agencies in the County of San Bernardino. B. Secondarily, additional governmental and related non-governmental subsequent users may be allowed or denied access to the SYSTEM as conditions warrant, and as provided for by this Agreement. OMS/800JA/1-22-91 2 .' C. TIle COUNTY may from time to time enter into sueh agreements or contracts with various vendors for purchase or lease, installation, service and maintenance of the BACKBONE as may be necessary and required in 6rder to effectuate the purposes and objectives of this Agreement. All such agreements or contracts shall comply with applicable State Law. D. The 800 MHz System Operations Advisory Committee, hereinafter referred to as "Committee", represents the COUNTY and all governmental users of the BACKBONE. The Committee shall advise the COUNTY, as requested, on matters pertaining to the overall , operation, maintenance, and modification of the BACKBONE, and shall be comprised of one representative from each legal governmental entity which uses the BACKBONE, one representative from the COUNTY's Office of Management Services, one representative from the COUNTY's Administrative Office, one representative from the COUNTY's Sheriffs Department, and may include non-voting representation (one each) from each other non-COUNTY Public Safety 800 MHz system operating in the County of San Bernardino. The Committee shall be chaired by the representative from COUNTY's Office of 11anagemcnt Services, and snail meet as required. Committee !'hall establish subcommittees as appropriate. The COUNTY reserves complete authority and control over all matters concerning the SYSTEM. 2. TIlis Agreement shall take effect when approved by the COUNTY, and shall remain in effect until the COUNTY or the USER, at the sole discretion of each, determines to terminate the Agreement by giving ninety (90) days notice of termination to the other. Sueh termination shall not relieve said USER'of any financial obligation assumed as a part of this Agreement. However, the USER shall not be responsible for any financial obligations assumed by OMSj800JA/1l-6-91 3 " COUNTY subsequent to said termination. Similarly, it is understood that COUNTY has ownership of the BACKBONE and upon any termination of this Agreement by COUNTY or by USER, any and all rights, title, and interest ill the BACKBONE shall remain with the COUNTY. USER shall retain all rights, title, and interest in its own FIELD EQUIPMENT. 3. COUNTY shall: A Negotiate and enter into agreements or contracts with various vendors as contemplated by Section l.C oC this Agreement. B. Make payments due and payable under such agreements. C. Negotiate and enter into agreements with subsequent Public Safety and Local Government entities to access the BACKBONE, provided that: 1) Any such subsequent Public Safety and Local Government entity hereaCter desiring to become a user of the SYSTEM may do so (upon approval by COUNTY) by executing a duplicate copy of this Agreement and assenting and agreeing to all of the terms, conditions, and costs hereof. 2) Any additional terms, conditions, and costs Cor entry shall be included in an addendum to the duplicate Agreement. 3) COUNTY shall confer with the Committee regarding the appropriate .additional terms, conditions, and costs to be included in said addendum. 4) COUNTY is under no obligation to accept any new user(s). OMS/800JA/1-22-91 4 4. USER and COUNTY agree to the following: A. USER shall pay COUNTY, on a monthly basis, its respective billed participation fcc, based on a schedule of fees for such services published annually by COUNTY. Initial rates, terms, and conditions are attached to this Agreement as Exhibit A, "County of San Bernardino/BOO MHz Countywide Radio System/Voice Radio System Rates (Per Radio Per Month)". COUNTY shall present proposed revised monthly participation fees to Committee after the second year of BACKBONE operation by the COUNTY and each year thereafter, based on cost data accumulated by COUNTY. COUNTY will set and publish revised annual participation fees after discussion with the Committee. B. COUNTY shall provide Committee an annual financial report. Said financial report shall include an accounting of all USER payments; wages and other payments to COUNTY employees and others supporting the management, administration and maintenance of the BACKBONE; and other operational cost items. C. USER shall, at USER expense.and future financial liability, purchase and maintain its own FIELD EQUIPMENT. D. USER shall, at USER expense, expand or modify existing USER structures, facilities, or dispatch centers as required to support the installation of USER's FIELD EQUIPMENT. E. COUNTY shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, OMS/800JA/l-22-91 5 labor disputes, embargoes, epidemics, war, 'terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. 5. BACKBONE MODIFICATION (POST BACKBONE IMPLEMENTATION) A COUNTY may determine that BACKBONE modification is needed from time to time to meet the changing needs of COUNTY and/or users. B. Future BACKBONE modifications will be funded and implemented by COUNTY. Cost sharing shall be determined in acc~rdance with Section 5(C) below. c. Cost sharing of future BACKBONE modifications shall be determined based on the benefit to be derived by USER. (I) Costs for the implementation, operation and maintenance of any modification requested by and benefitting only a single user shall be borne solely by that user. (2) II modification improves service only in/for a definable local area, any users in such definable local area, and participating in and receiving direct benefit from the modification, shall share the costs for its implementation, operation, and maintenance. OMS/800JA/I.22.91 6 (3) If the modification benefits all BACKBONE users, costs for the implementation, operation, and maintenance shall be borne by all users. 6. RElATED NON-GOVERNMENTAL USERS A. Where not in conflict with Federal Communications Commission (FCC) Regulations or other laws, non-goverrunental subsequent users who, from time to time, have need to communicate with public sa~ety/local government services during emergencies or in their daily support of public safety/local government services, may be considered for participation in the SYSTEM. lllis use may be subject to approval by COUNTY. Such use may include the day-to-day operations of said non-governmental subsequent users on a non-interfering, prioritized basis, subject to channel loading limits, as determined by COUNTY. B. The COUNTY shall be responsible for coordinating BACKBONE access and implementing terms and conditions of such use, including one-time and recu'rring costs to be paid by such new users. C. Non-governmental subsequent users of the BACKBONE shall be monitored by COUNTY. If, in the future, the needs of public safety/local goverrunent expand to the point of competition with non-goverrunental subsequent use of the BACKBONE, said non-governmental subsequent users may be required by the COUNTY to vacate their use of the BACKBONE. D. Non-governmental subsequent users shall generally be removed in reverse order of their entry into the SYSTEM, Le., the last user to enter the SYSTEM will customarily be the first to be removed except when a user voluntarily relinquishes participation. OMS/800JA/1-22-91 7 E. Non-governmental subsequent users who are being removed from the SYSTEM shall be given sufficient time, not less than ninety (90) days, to transfer their operations to another communications system. 7. BACKBONE OPERATIONAL POLICIES A BACKBONE operational policies may be proposed by the Committee or the COUNTY, and arc subject to review by the Committee, but must be approved and established by the COUNTY. Said policies shall insure, as much as possible, that each user of the SYSTEM is treated equitably and that each user has sufficient communications (e.g., Talk Groups) authorized. to meet their legitimate needs, commensurate with available BACKBONE resources (e.g. Talk Groups), as identified by COUNIY. B. Communications capabilities (e.g., Talk Groups) above those recommended by the Committee to meet a user's customary and legitimate needs will carry an additional charge, as per Exhibit A "County of San Bernardino/BOO MHz Countywide Radio System/Voice Radio System Rates (Per Radio Per Month)" attached hereto. . C. Public Safety users shall have operational priority over all other SYSTEM users. D. COUNTY has the final authority, at all times, to exercise discretionary control over the BACKBONE, so as to insure the ability of immediate- need public safety agencies to communicate, and/or to otherwise manage BACKBONE traffic to the overall benefit of all BACKBONE users. . OMS/BOOJA/1-22-91 B 8. INDEMNIFICATION AND INSURANCE A. INDEMNTFICATION - The USER agrees to indemnify, defend and hold hannless the COUNTY and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from USER's acts, errors or omissions arising out of this Agreement, and for any cost or e.'''penses incurred by the COUNTY on account of any claim therefor. In addition, the USER agrees to indemnify and hold the COUNTY harmless for any of the COUNTY's negligent acts or omissions (excepting gross negligence or willful misconduct) arising out of this Agreement. B. INSURANCE . In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the USER shall secure and maintain throughout the term of the. Agreement the following types of ins~rance with limits as shown: (1) Workers' Compensation - A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with S250,000 limits, covering all persons providing services on be~alf of the USER and all risks to such persons under this Agreement. (2) Comprehensive: General Liahility Insurance -. This coverage to include contractual coverage. The policy shall have combined single limits for bodily injury and property damage of not less tban one million dollars (Sl,OOO,ooO). OMS/800JA/1.22.91 9 .:. c. j\DDmONAL NAMED INSURED - All policies, except for the Workers' Compensation coverage, shall contain additional endorsements naming the COUNTY, its employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. D. WANER OF SUBROGATION RIGHTS - USER shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, volunteers, emplo)'ees, contractors and subcontractors. E. POLICIES PRIMARY M'D NON-CONTRIBUTORY - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY. F. PROOF OF COVERAGE - User shall immediately furnish certificates of insurance to the COUNTY evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days prior written notice to the COUNTY, and shall maintain such insurance from the time USER commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, the contractor shall furnish certified copies of the policies and endorsements. G. INSURANCE REVIEW - The above insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any OMS/800JA/1-22.91 10 . .: of the above insurance is not available, is unreasonably priced, or is not needed to protect tbe interests of tbe COUNTY. In addition, if the Risk Manager determines that beretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change tbe above insurance requirements to require additional types of insurance coverage or higber coverage limits, provided tbat 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. (1) AIly such reduction or waiver for tbe entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. USER agrees to execute any such amendment within thirty (30) days of receipt. 9. The COUNTY's Office of Management Services (OMS), acting on behalf of the COUNTY, is authorized to discharge all functions ascribed to COUNTY in this Agreement, except those specifically reserved by law to the Board of Supervisors. 11 OMS/800JA/1.22.91 IN WITNESS WHEREOF, the parties bereto have bereunto set their bands and seals on tbe date set forth below tbeir respective signatures. coUNTY OF SAN BERNARDINO USER: By Cbairman, Board of Supervisors By Date Title Signed and certified tbat a copy of this document bas been delivered to tbe Chairman of tbe Board. Date . EARLENE SPROAT. Clerk of the Board of Supervisors By Deputy Date Approved as to Legal Form: ALAN K. MARKS, County Counsel San Bernardino County. California By Date OMS/800JA/1-22-91 12 AGREEMENT FOR THE OPERATION AND USE OF THE SAN BERNARDINO COUNTY 800 MH RADIO COMMUNICATIONS SYST: 1 2 3 ATTEST: CITY OF SAN BERNARDINO 4 5 6 7 Mayor City Clerk 8 Approved as to form and legal content: 9 10 JAMES F. PENMAN 11 City Attorney 12 By: Ua/l/hft>,) t :: U 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /) I , e~,,'4.....