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HomeMy WebLinkAbout19-Management Information Services " .CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JANIS INGELS, DIRECTOR OF MIS ADMINISTRATION/MANAGEMENT INFORMATION SERVICES ' June 24, 1997 Subject: RACK SPACES AND CIRCUIT LEASES THAT SUPPORT CITY 800Mhz RADIO SYSTEMS FOR FY 97/98 Dept: Date: (J:7IG1NAl Synopsis of Previous Council action: JUN 2 6 1997 03-22-95 - Approved lease agreement for County 800Mhz racks and circuits rental for FY 94/95 Resolution #95-80 Recommended motion: ADOPT RESOLUTION Contact person: JANIS INGELS Phone: 384-5010 Supporting data attached: STAFF REPORT, AGREEMENT Ward: FUNDING REQUIREMENTS: Amount: $34,112.00 Source: (Acct. No.l rjc. 679-252-5172 (Acct. DescriPtion) R,"TA"~ -aIb Finance: ~ I' Council Notes: Res 97- I qi t .5(,.4~ 'f1J /4LCM.W1JI". (IV Irtl (;, ~rJ~<tl- 75-0262 7/7/91 Agenda Item No /q - -CI'tV OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT In 1993, System. system. the City purchased an 800Mhz Radio Communications The City system co-exists with the County's 800Mhz The City owned 800Mhz trunked radio system and mobile data terminal system are supported by County owned microwave circuits and installed within County owned equipment racks at County 800Mhz broadcasting sites. Over an 18 month period ending June 30, 1997, the County reviewed configuration of the City's 800Mhz system for the purpose of gaining a greater radio communications coverage area and for communication clarity. The resulting configuration is a single site system utilizing fewer County equipment racks and microwave circuits. This reduced estimated rack space and circuit rental charges. The savings will continue into the future. For 97/98 the County will be billing for rental of a total of 7 full height racks and 17 microwave circuits. 97/98 Annual 800Mhz Racks/Circuits Rentals is $34,112.00. 75-0264 di:':> e~ E x New Vendor Code Dept. ContFact Number M Change SC ~MC A X Cancel County Department Dept. Orgn. Contractor's License No. Infonnation Services n.>.Mrbnent ISO NMC County Department Contract Representative Ph. Ex!. Amount of Contract Annette Ross 388-5515 $34,112 Fund ~~DePt. .1 r Organization -1 Appr. I, Obj/Rev Source Activity I GRC/PROJ/JOB Number lAM MC NMC 9800 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 1/0 FY Amount 1/0 Project Name - - - - Rack Space/Circuits - - - - - - - - FOR COUNTY USE ONL Y County of San Bernardino 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 Bemardino Addres. hereinafter called LICENSEE 300 NorIh '0' Street San Bernardino, CA 92418-0001 Phone Birth Date (909) 384-5010 FederellO No. or Social Security No. 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. d.tion of satisfactory performance and cause for termination. other terms and conditions, and attach plans. specificBtions, and addenda, if any.) EAS, LICENSEE desires to use a portion of existing County of San Bernardino (COUNTY) microwave circuit(s) (Circuits) and/or communication sne(s) (Site), designated on Schedule A, for LICENSEE's communication system equipment; and WHEREAS, COUNTY is willing to permn said use of the County Circuits/Sites subject to certain conditions; and, WHEREAS, portions of the Sne are currentiy excess to the COUNTY's needs. NOW, THEREFORE, in consideration of the execution of this Agreement, the parties mutually agree to the following conditions. 1 DEFINITIONS 1.1 'License' means this License Agreement and any relevant Documents, including any Schedules and/or Attachments, all of which are made a part of this License, 1,2 'Site" refers individually or collectively to the physical properly and all the structures thereon, including, therein, County designated rack space, each rack space defined as space for one (1) EIA Standard 19" wide by 2' deep by 7' tall rack or one-half (112) EIA Standard 19' wide by 2' deep by 3 112' tall rack and the use of cable runs and County designated tower space for the placement of the antenna(s) as may be singularly or collectively approved by COUNTY. 1.3 'Improvements' (when applicable) refers individually or collectively to the LICENSEE's communication system and related equipment, cabling and antenna(s) as may be approved by the Information Services Department (ISD)- Communications Division. e 1.4 'Circuits" (when applicable) refers individually or collectively to the COUNTY microwave circun(s) licensed herein for use. by LICENSEE. Each Circun is a single S6KB digital channel path for digital routes or a single 9.6KB analog channel for analog routes. 02.12311.000 Rev 11191 Page 1 6 of 2 LICENSE TO USE e COUNTY hereby gives pennission, revocable and tenninable as hereinafter provided, to LICENSEE to enter the Site for the purpose of installing and maintaining Improvements. LICENSEE shall not be pennitted to use the Site for any other purpose, except by prior written pennission of COUNTY. 3 LICENSEE IMPROVEMENTS 3.1 Acknowledoment of Resoonsibilitv e e sl-sbcity LICENSEE acknowledges that the Site is essential to COUNTY's fulfilling its mission of public safety and well-being, as well as general govemment. In light of this, LICENSEE warrants that it will exercise all professional and ethical diligence in safeguarding and restricting access to the Site and protecting COUNTY property, of all kinds, at said Site. LICENSEE warrants that it will not disturb or tamper with any COUNTY equipment, to include, but not limited to, electronic, electrical, LPG, buildings, towers, grounding systems, antennas, feed lines, etc., at any Site. Exercising all diligence, LICENSEE warrants that it will do its utmost to insure the ability of the COUNTY to fulfill its mission atlthrough the Site. LICENSEE shall be liable for all claims, demands, actions, and causes of action founded upon the negligence or otherwise wrongful conduct on the part of any employee of LICENSEE attributable to LICENSEE's installation/maintenance or operation of LICENSEE's Improvements, on the Site. Further, LICENSEE shall release, remise, and forever discharge COUNTY of and from any and all claims, demands, actions, and causes of action, not based upon the intentional acts or negligence of COUNTY, that LICENSEE may acquire by reason of LICENSEE's. installation/maintenance or operation of LICENSEE's Improvements on the Site. 3.2 Reouirements. Limitations. and Installation Conditions - This License is subject to the limitations, requirements and installation conditions as set forth below: 3.2.1 Installation: LICENSEE will observe standard safety practices when climbing towers and when installing Improvements. LICENSEE agrees to install, maintain, and operate its Improvements in accordance with the highest standard prevailing in the communications industry. Installation practices and materials are subject to approval of the lSD-Communications Division and the Radio Division. 3.2.2 Access: Access to rack space is on an escorted basis using COUNTY ISO personnel at the appropriate ISO standard time and material billing rates on a portal-to-portal basis. LICENSEE must request site access three (3) working days prior to desired access date. After hours and emergency access requests will be billed at the standard overtime rate. 3.2.3 Equipment Changes: Changes and modifications to Improvements, that may alter perfonnance, are to be coordinated between LICENSEE and the lSD-Communications Division. 3.3 3.2.4 Power: COUNTY will install electrical power as needed above each rack. The cost for labor and materials to perfonn this work will be the responsibility of the LICENSEE, payable upon invoice.1 Additional Controlling Documents - Site may be subject to Leases, Licenses, and/or Right-of-Way GrantsIT emporary Use Pennits secured by the COUNTY from other govemmental or private agencies. LICENSEE agrees to be bound by the conditions/covenants of these and is responsible for any related costs that may be incurred directly or indirectly on behalf of LICENSEE's use of the Site. LICENSEE will be fumished with copies of any relevant Documents that may have an impact upon the Site. Page 2 of6 3.4 _3.5 Maintenance - The costs of any maintenance and operation of the Improvements shall be at the sole expense of LICENSEE. Interference - Improvements shall be located so as not to interfere, physically or electronically, with any of the COUNTY's operations. In the event the COUNTY determines or is notified that the operation of the LICENSEE's Improvements caused or is causing interference to transmission and/or reception of any other communications systems in use in the vicinity of the Site, ISO shall notify LICENSEE to correct the problem and COUNTY reserves the right to immediately remove LICENSEE's equipment from service. If such interference is not eliminated within a twenty-four (24) hour period, COUNTY will immediately terminate this License and take whatever immediate steps are necessary to eliminate said interference, including powering off LICENSEE's equipment without further notification. 4 COUNTY CIRCUITS .5.1 e s~sbcity 4.1 Circuit Control - COUNTY reserves the right to manage and control COUNTY's Circuits from time-to-tirne for the COUNTY's Public Service Requirements. COUNTY will endeavor to give LICENSEE sufficient notice of control but cannot be held responsible for interruption to LICENSEE's usage. 4.2 Maintenance - COUNTY will exercise all reasonable care to insure the availability and quality of its circuits licenses to LICENSEE. However, the License neither carries not implies any warranty relative to the availability or performance of COUNTY Circuits licensed to LICENSEE. LICENSEE has no legal or other recourse in the event of failed or unsatisfactory COUNTY Circuit availability or performance. GENERAL Term - This License is valid until June 30, 1998, except as otherwise noted. COUNTY or LICENSEE may terminate this Agreement by giving ninety (90) days written notice to the other party of this termination, except COUNTY may terminate immediately in accordance with Paragraph 3.5. 5.2 Indemnification - Reference Addendum LICENSEE agrees to indemnify, defend and hold harmless the COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. LICENSEE shall be liable for all claims, demands, actions, and causes of action founded upon the negligence or otherwise wrongful conduct on the part of any employee of LICENSEE attributable to LICENSEE's installation/maintenance or operation of LICENSEE's Improvements on the Site. Further, LICENSEE shall release, remise, and forever discharge COUNTY of and from any and all claims, demands, actions, and causes of action, not based upon the intentional acts or negligence of COUNTY, that LICENSEE may acquire by reason of LICENSEE's installation/maintenance or operation of LICENSEE's Improvements on the Site. 5.3 Insurance 5.3.1 Without in anyway affecting the indemnity herein provided and in addition thereto, the LICENSEE shall secure and maintain throughout the contract the following types of insurance with limits as shown: Page 3 of 6 _ Workers' Comoensation - 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 Sate of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the LICENSEE and all risks to such persons under this Agreement. b. ComDrehensive General and Automobile Liabilitv Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). a. c. Errors and Omissions Liabilitv Insurance (if aDDlicable\ - Combined single limits of $1,000,000 for bodily injury and property damage and $3,000,000 in the aggregate ll[ Professional Liabilitv (if aDDlicable\ - Professional liability insurance with limits of at least $1,000,000 per claim or occurrence. 5.3.2 Additional Named Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the COUNTY and its officers, employees, agents, and volunteers, as additional named insured with respect to liabilities arising out of the performance of services hereunder. 5.3.3 _ 5.3.4 5.3.5 5.3.6 _5.4 sl-sbcity For Professional Liability coverage the COUNTY shall be named as a designated person referencing the Contract No. on the policy. Waiver of Subrooation Riahts - LICENSEE shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, volunteers, employees, contractors and subcontractors. Policies Primarv and Non-Contributorv - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY. Proof of Coveraoe - LICENSEE shall immediately furnish certificates of insurance to ISO evidencing the insurance coverage, including the endorsements, above prior required prior to commencement of performance and services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to ISO, and the LICENSEE shall maintain such insurance from the time LICENSEE commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this License the LICENSEE shall furnish certified copies of the policies and all endorsements. 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 of the above insurance is not available, is unreasonably priced, or is not needed to protect the interest of the COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available type of insurance, the Risk Manager is authorized, but not required, to. change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation or any other nem reasonable related to the COUNTY's risk. Any such reduction or waiver for the 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. LICENSEE agrees to execute any such amendment within thirty (30) days of receipt. Permits - LICENSEE is responsible for obtaining and paying the costs of all permits, other licenses or approvals by any other regulatory bodies having jurisdiction over the uses authorized herein. Page 4 of 6 _ _5.8 _ . 5.5 5.6 License Fee - LICENSEE agrees to pay COUNTY, at the address specified in Paragraph 5.15, the fees as set forth on Schedule A of this License. Payment for services is due within 60 days of invoicing. Payments not received . within 60 days of invoicing may be withheld by COUNTY from the LICENSEE'S Property Tax Apportionment. Comoliance - Should LICENSEE fail or neglect: 5.6.1 To comply with any term or condition of this License, or 5.6.2 To comply with any reasonable requirement of COUNTY after thirty (30) days written notice and demand, or 5.6.3 To comply with any Master Lease, Agreement, or PermR that the COUNTY is subject to, this License shall be subject to immediate termination. . a. In the event of such termination, if this License involves COUNTY CircuRs, COUNTY may immediately disconnect such circuRs, either electronically or physically. b. In the event of such termination, LICENSEE shall, if appropriate, immediately remove any and all of LICENSEE's Improvements from the SRes and surrender all rights and privileges under this License. If LICENSEE fails to promptly restore the SRe to Rs former condition, the COUNTY may restore the SRe at LICENSEE's sole expense, if appropriate. 5.7 Fiscal Year Aoorooriations . After June 30th, of the current fiscal year, this License may be terminated subject to the availability of funding if LICENSEE is a government agency. LICENSEE shall provide COUNTY written notification at least ninety (90) days prior to termination effective date under these conditions. Exercise of COUNTY's Riahts and Authoritv - The Director for the COUNTY's Information Services Department, 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. 5.9 Chanaes & Riaht to Prioritize - COUNTY reserves the right to make Rack and Tower Space changes, and to prioritize or restrict usage as necessary to optimize overall service effectiveness to the COUNTY and Rs users. 5.10 Assianments. Subleases. and Transfers - No assignment, sublease, or other transfer of this license, whether voluntary or involuntary, shall be binding upon the COUNTY unless previously approved by the COUNTY in writing. . ~ - No waiver of a breach of any provision of this License 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 License shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equRy. 5.11 5.12 ~ - The invalidRy in whole or in part of any provision of this License shall not void or affect the vafidRy of any other provision. 5.13 Caotions and Paraaraoh Headinas - Captions and paragraph headings used herein are for convenience only and are not a part of this License and shall not be used in construing R. 5.14 Entire Aareement - This License shall be govemed 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 License may be amended as COUNTY and the LICENSEE mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the COUNTY and LICENSEE. Page5of6 sl-sbcRy 5.15 Notifications - - All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be deemed duly given: 5.15.1 Upon actual delivery, if delivery is by hand; or 5.15.2 Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile; or 5.15.3 Three (3) days following delivery into the United States mail if delivery is by postage-paid registered or certified, return receipt requested by 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 LICENSEE: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418-0001 County of San Bernardino Information Services Department 670 East Gilbert SI., First Floor San Bernardino, California 92415-0915 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below there respective .res. To COUNTY: 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 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 Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing ~ County Counsel ~ ~ Agency Administrator/CAO Date Date Date O,,'--r 6 6 ADDENDUM TO CONTRACT e Amend 5.2 Indemnification as follows by inserting: 5.2 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 requirements under the contract. e e CITY OF SAN BERNARDINO SCHEDULE A A LICENSE FEES _ Page10f1 1. The Rack Space Rental Fee is $3,840 per year perrack or $1,920 per year per 1/2 rack, exceptas may be adjusted 2. Circuit Fees are based upon the mileage distance zone from point of origination to termination, or drop, of service. 3. Fees are to be paid semi-annually and in arrears on or before December 1st and on or before April 1st within each fiscal year (July 1st through June 30th), except in the first year, which shall be prorated for months remaining in the year and be paid within thirty (30) days of the execution of this Ucense. 4. Fees are subject to periodic adjustment. 5. Notification of any proposed fee change shall be made to LICENSEE two (2) months in advance of effective date of such change. e ~K t:stimatee San Bernardino County No. of Total Communications SRe Racks Annual Fee Little Mountain 7 26,880 0 Q Rack Space Fee Subtotal $26,880 COUNTY CIRCUITS: Monthly Estimated San Bernardino County No. of per Circuit Total Communications Site 9!!<!!i!! Fee Annual Fee From To RiaRo Little Mountain 17 33 $6,732 Circuit Fee Subtotal $6,732 Subtotal Charges Rack Space Subtotal from above 26,880 CircuR Fee subtotal from above 6,732 Contract Development Charge" 500 FISCAL YEAR TOTAL $34,112 COST CALCULATIONS EFFECTIVE DATE OF REVISED SCHEDULE: JULY 1, 1996 This revised Schedule A is a consolidation of rack space and circuit fees for contracts SL94-266-SBCITY and SL93-064-SBCITY. e "Licensee shall pay San Bernardino County a contract development charge of $500 upon receipt of the first invoice under this contract. 5194266r 6/11/97 3:30 PM