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Home My WebLink About17-Management Information Services -CITY. OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JANIS INGELS, DIRECTOR OF MIS ADMINISTRATION/MANAGEMENT INFORMATION SERVICES r June 25, 1997 Subject: MAINTENANCE OF PUBLIC SAFETY MOBILE DATA TERMINALS FOR 97/98 Dept: Date: '" "/~ I~ f flL V.iIUII~li. JUN 2 6 1997 Synopsis of Previous Council action: 07-15-97 - Approved maintenance agreement with the County of San Bernardino for Public Safety Mobile Data Terminals for 96/97. Resolution #96-216 Recommended motion: ADOPT RESOLUTION Contact person: JANIS INGELS STAFF REPORT, COUNTY Supporting data attached: AGREEMENT AMENDMENT Phone: 384-5010 Ward: FUNDING REQUIREMENTS: Amount: $54,300.00 Source: (Acct. No.) 679-252-5172 ~ Acct. Descri tion " Finance: Council Notes: Res 97- I q;A. ~. 9-!~ 75.1,;62 "1l) liVc...iJ.4't W III( . l'7'i7 (11 ~vf.er 7 / 7/97 Agenda Item No-17 r-------- -city -OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The County of San Bernardino maintains all Police and Fire Mobile Data Terminals (MDT's) out of its radio repair facilities. The 97/98 maintenance fee remains $25.00 per unit per month. The total units maintained increased from 175 in 96/97 to 181 for 97/98. 97/98 Annual MDT maintenance is $54,300.00. 75-0264 County of San Bernardino E New Vendor Code Dept. Contract Number M Change SC A X Cancel MHz 96-166A2 County Department Dept. Orgn. Contractor's License No. Infonnation Services Department ISO MHz County Department Contract Representative Ph. Ext. Amount of Contract Judv Cline 909\ 388-5518 $54 300.00 Fund I Dept. I Organization \ Appr. Obi/Rev Source Activity I GRC/PROJ/JOB Number lAM MHz MHz 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name - - - - 800MHz Mobile Digital - - - - Tp.rm.in~1 M~lntpn~n"p FOR COUNTY USE ONL Y .~ FAS STANDARD CONTRACT 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 hereinafter called CONTRACTOR Address Janice Ingles, Director - Management of Infonnation Services 300 North '0' 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: (Ace below Bnd reverse side of form if needed. Set forth service to be rendered. amount to be paid, manner of payment, time for performance or completion. wation of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) AMENDMENT NO. K2 Paragraph 2 is hereby amended as follows: "The term of the agreement shall be renewed on the first day of July 1997, and shall continue for a term through June 30,1998, and may be renewed, aflerthis 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 Supervisots (State if corporation, company, etc.) Dated By ~ (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervisors of the County of San Bernardino, Dated Title Address Deputy Reviewed as to Affirmative Action Reviewed for Processing ~ ~ Agency Administrator/CAD Date Date PelO€' 1 of e e e SCHEDULE A 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT #96-166 A-2 Monthly NO.of Monthly Advance Equipment Type Fee Units Cost Il,nnualFee Motorola 9100-11 800 MHz Mobile Digital $ 25.00 180 $4,500.00 $ 54.300.00 A. Rates are to be paid at least quarterly, in advance. B. Additional equipment will be assessed a prorata charge for the first year, full rate thereafter. C. Rates are subject to periodic adjustment. D Notification of proposed rate changes shall be made to Customer two months in advance of effective date of such change. 6/4/97 96-216 - E New Vendor Cod. Dept, Contract Number M It: Change SC A f- MHz 96-166A1 X Cancel County O.panment Dept. Orgn. Contractor'. Ween.. No. Infonnation Services Department ISO MHZ County Department Contract Representative Ph. Ext. Amount of Contract Pearl Holliday, Staff Analyst (909) 387-7380 $52,500 for 96/97 FY Fund I Dept. ~ I Organization I Appr. I Obj/Rev Source Activity I GRCIPROJ/JOB Number lAM MHZ MHZ 9800 Commodity Code Estimated Payment Total by Fiscal Ve.r FY Amount I/O FY Amount I/O Project Name - - - - 800 MHz MobileDigital - - - - Tenninal Maintenance - - - Services Aereement - FOR COUNTY USE' Y County of San Bernardino FAS iT ANDARD CONTRACT -HIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called he County, and 'eme . CITY OF SAN BERNARDINO hereinafter called CONTRACTOR ~dd,.ss Janice Ingles, Director - Management of Infonnation Services 300 North 'D' Street, San Bernardino, CA 92418-0001 'hone (909) 384-5010 Birth OMI ;.de,al 10 No. or Social Security No. T I.EBY AGREED AS FOLLOWS: Use low end,.".,.. side of form if needed. Set forth service to be rendored, _ to be paid, _of poyment. time fOT perlotmMJce orcornp/etion. 'Jet. of satisfactory ".rlonnanc. and caw. for t.nnination. other tenns MId conditions. and attach plan.. specifications. ItId Mldtnda. if any.J ..,. 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." "ny provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are incorporated ,erein in full. . " ~OUN~RD:~~~ /~ ~ :hairman, Board of Supervisors ~e~if corporationi company, etc.) By ~ I ~ ',((/""" Dated I " 'I rm SiQMtlko1 Title 1M 'I () fl- )ated AUG 6 1996 31GNED AND CERTIF A COPY OF THIS )OCUMENT HAS B \.1iJ!~~ , ~"' THE CHAIRMAN JF THE BOARD. . ~9~'J; ". :Ierk of the Bo . d.'J:)~lil'llisO{s...a.H~ ounty of San 3ernardino. ,~ ,~". i: -' '".- :,.~ ,.' '1 ~ . ~ . ~! Address Reviewed for Processing )ate Date ~ Agency Adminiotmor/CAO Date 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT e CITY OF SAN BERNARDINO SCHEDULE A NUMBER ADVANCE EQUIPMENT MONTHL \' OF MON11lLY ANNUAL FEE TYPE FEE UNITS COST Motorola 9100-11 800 MHz Mobile Digital Terminal $25.00 175 $4,375.00 $52,500.00 TOTAL 175 $4,375.00 $52,500.00 eA. Fees are ,,,, be paid at least quarterly, in advance. B. Additional equipment will be assessed a prorata fee for the lirst year, full fee thereafter. C. Fees are subject to periodic adjustment. D. Notification of proposed fee changes shall be made to CUSTOMER two (2) months in advance of effective date of such change. e 1ONotDI'1S-11-92 RmIed: 6'16195 MD96-OO1.SBC 12121/9$ 96-12 e 800 MHz MOBll.E DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT 1 AGREEMENT This is a Maintenance Service Agreement ("Agreement") between the City of San Bernardino (CUSTOMER) and the County of San Bernardino (COUNTY), through the Information Services Department (ISO), for SOOMHz Mobile Digital Terminals (MDT) in use on the COUNTY's SOOMHz RF Data System Backbone, with terms as set forth in this Agreement and on Schedule A. Such service may be provided through ISO-Radio Division, ISD-Communications, or vendors, at ISO's discretion. 2 TERM The term of this Agreement sball commence on the first day of the month following its execution and sba1l 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 _ermin.tion date sball coincide with the end of a calendar month. Neither party sba1l incur any liability to the other by weason 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 sball pay as minimum payments the atDOunt of the insta1lments shown on Schedule A. The fust payment shall be due upon commencement of this Agreement. Failure to pay promptly will result in termination of this Agreement. All furore annual payments will be due no later than November 1st of each year. MOTs 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): e 5.1.1 Remove, reinstall and maintain MDT's that have become defective during normal wear and usage. ISO sba1l determine whether or not defects are normal wear and usage, said determination will be fmal. Repair work will be performed at ISO-Radio Division, ISO-Communications, or other ISO-prescribed location. 5.1.2 Service to be provided during normal County work hours on normal County business days. After hours service will be available on a premium rate basis. 5.1.3 ISO reserves the right to subcontract for all or part of services from authorized Motorola repair facilities. 5.1.4 ISO assumes no liability for MDT failure in the field, nor for any adverse consequences caused by such failed Equipment. ............. -- ~lof4 - - _ 5.1.5 ISO 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 ISO 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. 5.2.2 Service to correct attempts by CUSTOMER or unauthorized third panies to repair or modify MOT's. 5.2.3 Vebicle electrical problems. 5.2.4 Services not covered in Section 5.1, to the extent feasible/cost-effective as determined by ISO. 6 CUSTOMER RESPONSIBll.1TIES 6.1 CUSTOMER sball provide ISO with model and serial numbers of all MDT's to be covered uoder this Agreement. 6.2 CUSTOMER sball designate an individual as the single point of contact for m.in......nre coordination. 6.3 CUSTOMER sball coordinate and schedule service requirements with ISD in advance whenever possible. CUSTOMER may be required to deliver equipment to designated locations. 6.4 CUSTOMER sball advise lSD-Radio Division of all MDT relocations or reassignments, within their fleet, within 24 hours of relocation or reassignment. 7 ASSIGNMENT This Agreement, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned, Cd any such assignment sba1l be void and without effect. . 8 EFAULT..... If the CUSTOMER does not make timely payment of amounts due uoder 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 GOVERNMENT AGENCY FUNDING The CUSTOMER states that it is its intent to make all installment 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 9. 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 wrinen notice stating that its legislative body failed to appropriate funds. Such notice sbaIl be accompanied by the payment of all sums then owed COUNTY under this Agreement. 10 GENERAL TERMS AND CONDmONS 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 any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate. .-f.:ws.... -- ....lal4 , \ - -- _0.3 10.4 10.5 10.6 10.7 10.8 10.9 e e -- -- Exercise of COUNTY's Ri2hts and Authoritv - The Director for Information Services Department. or his designee, shall have the authority to exercise COUNTY's rights under this Agreement. Waiver - No waiver of a breach of any provision of this Agreement shall constilUte 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 shaH not be construed as a waiver thereof. The remedies herein reserved shaH be eumulative and additional to any other remedies in law or equity. Validity - The invalidity in whole or in pan of any provision of this Agreement sbal1 not void or affect the validity of any other provision. CaotioDS and Paruraoh Headin2s - CaptiOns and paragraph headings used herein are for convenience only and are not a pan of this Agreement and shall not be ttsed in construing it. All Anacbment(s) and Schedule(s) hereto, if any, are an integral pan of this Agreement and are incorporated herem hy reference. Entire A2reement - This Agreement shall be governed by the laws of the Swe of California IIId eonstilUleS the entire agreement between the panies and supersedes all prior negotiations. dist:ussioiIs IIId preliminary understanding. This Agreement may be ..-...IM as COUNTY and the CUSTOMER mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the COUNTY and CUSTOMER. Notifications - All notices or demands required or permined to be given or made hereunder sbal1 be in writing and shall be deemed duly given: 10.9. r Upon acrual delivery, if delivery is by hand; or 10.9.2 Upon receipt by the transmining 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 parry at the address indicated below or to any other address or person that the respective parry 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 Depanment First Floor 670 East Gilben Street San Bernardino, California 92415-0915 .... :sa,. , \ -- - .' . 96-12 IN 6ESS WHEREOF, respective signatures. the panies hereto have hereunto set their hands and seals on the date set fonh below their SignName ~-t.J_. -l::..~t.JJ'~~ Chairman, Board of Supervison CUSTOMER Sign Name ~./~ COUNTY OF SAN BERNARDINO Title TOM (h,INofL JYtA~b (L d,-'1...Qb Print Name MARSHA TIJROCI Print Name Dale MAILJ) 5 1996 96-166 Dale Approved as to form and legal content: James F. Penman, City Attorney < Ic:,~.,._ SiGNED AND CERTIFIED THAT A COPY OF THIS DOCIJMENT. HAS BEEN DELIVERED TO THE CHAIR- MAN OF TflE BOARD. EARLENE SPROAT Clerk of By e ., _.- -.- ... 40.... - - '96-12 e 800 MHz MOBILE DIGITAL TERMINAL MAINTENANCE SERVICE AGREEMENT CITY OF SAN BERNARDINO SQlEDULE A NUMBER ADVANCE EQUIPMENT MONTHLY OF MONTHLY ANNUAL TYPE PEE UNITS COST PEE Motorola 9100-11 800 MHz Mobile Digital $2S .00 171 $4,275.00 SS 1,300.00 Terminal . " ,............,-. TOTAL 171 $4 ,275.00 }W~~:~} A. Fees are to be paid at least quarterly. in advance. B. Additional equipment will be assessed a prorata fee for the f11'St year. full fee thereafter. C. Fees are subject to periodic adjustment. D. Notification of proposed fee cbanges sball be made to CUSTOMER two (2) months in advance of effective date of such cbange. e \_/So1M1 ..~t/l"" MD!I6-CIll.5aC 12121195 96-12 ADDBlfDOK TO COR'l'RACT ~ Amend 11.1 Zndemni~ication as follows by inserting: 11.1 COUNTY agrees to indemnify and hold harmless the CITY and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from COUNTY's negligent acts or omissions on account of any claim therefore. City of San Bernardino and County of San Bernardino acknowledges that each party is legally self insured for workers' compensation up to statutory limits. The city is self insured for comprehensive general liability and automobile liability, and each party shall provide a certificate of self insurance to the other. The City and the County accept such self insurance as satisfying the insurance and workers' compensation requir_ents under the contract. ~ A .A..." 1 ,.., J \. A-, / ~ AYJ Risk Manager City of San Bernardino ..~~~ ~county of San Bernardino -~~/'7 /9c.. Date ;l L~:/q, ~