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CITE OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JANIS INGELS, Subject: MAINTENANCE OF 80ONHZ
DIRECTOR OF MIS RADIOS FOR FY 96/97.
Dept: ADMINISTRATION/MANAGEMENT
INFORMATION SERVICES ORONO.
Date: JUNE 20, 1996
Synopsis of Previous Council action:
ON JANUARY 22, 1996, COUNCIL APPROVED AN AGREEMENT WITH THE COUNTY
OF SAN BERNARDINO FOR MAINTENANCE OF CITY MOBILE AND PORTABLE
RADIOS FOR THE 95/96 FISCAL YEAR.
RESOLUTION #96-11
Recommended motion:
ADOPT RESOLUTION
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kA66
Signature
Contact person: JANIS INGELS Phone: 384-5010
Supporting data attached: STAFF REPORT, COUNTY AGREEMENT Ward:
AMENDMENT
FUNDING REQUIREMENTS: Amount: $52,200
Source: (Acct. No.) 679-252-5172
Acct. Description) EQUIPMENT MAINTENANCE
Finance•
Council Notes:
1-3 7//5-J/qq4
75-0262 Agenda Item No. 10
t
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
There are two changes to the 95/96 County maintenance agreement
for the City's 800Mhz radios. One amends the term to July 1, 1996
through June 30, 1997-
The other change is an increase in total number of radios to be
maintained. The maintenance fee remains $6.00 per unit per
month.
Portable 800Mhz radio count increased from 316 in 95/96 to 325
for 96/97 _ Mobile radios increased from 389 to 400. Total mobile
and portable 800Mhz radios to be maintained in fiscal 96/97 is
725 for a total maintenance fee of $52, 200_
75-0264
FOR COUNTY USE ONLY D
E New Vendor Code Dept. 'G�raNZ14mbbr
M Change ��++ n
x Cancel Sly MHz A 96-165A1
County Department Dept. Orgn. Contractor's License No.
Information Services Department ISD MHZ
County Department Contract Representative Ph. Ext. Amount of Contract
Pearl Holliday, Staff Analyst (909) 387-7380 $52,200 for 96/97 FY
County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
IAM MHZ MHZ 9800
F A S Commodity Code Estimated Payment Total by Fiscal Year
STANDARD CONTRACT FY Amount i/D FY Amount I/D
Project Name
800 MHz Mobile/Portable
Radio Maintenance
Services Agreement
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
CITY OF SAN BERNARDINO CONTRACTOR
hereinafter called
Address
Janice Ingles, Director-Management of Information Services
300 North `D' Street, San Bernardino, CA 92418-0001
Phone Birth Date
(909) 384-5010
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
1�p space below and reverse side of form if needed.Set forth service to be rendered,amount to be paid,manner of payment,time for performance or completion,
nination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
AMENDMENT NO. Al
Paragraph 2 is hereby amended as follows:
"The term of this Agreement shall be renewed on the first day of July 1996, and shall continue
for a term through June 30, 1997, and may be renewed, after this term, for an indefinite period."
Any provisions on the reverse side and referenced attachments hereof constitute a part of this contract and are incorporated
herein in full.
COUNTY OF SAN BERNARDINO
Chairman, Board of Supervisors (State if corporation, company, etc.)
Dated By ►
(Authorized Signature)
SIGNED AND CERTIFIED THAT A COPY OF THIS Dated
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD. Title
Clerk of the Board of Supervisors of the County of San
Bernardino. Address
Deputy
kp ove s to Le I F Reviewed as to Affirmative Action Reviewed for Processing
► ►
N.t • ►
County Counsel (�
!. �e Agency Administrator/CAO
Date 1q:c Date Date
" 96-11
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800 MHz MOBILE/PORTABLE RADIO
MAINTENANCE SERVICES AGREEMENT
1 AGREEMENT
This is a Maintenance Services Agreement ("Agreement') between the City of San Bernardino (CUSTOMER) and the
County of San Bernardino (COUNTY), through the Information Services Department (ISD), for 800MHz
Mobile/Portable Radio (Equipment) Maintenance Services as set forth in this Agreement and on Schedule A. Such
services may be provided through ISD-Radio Division, ISD-Communications, or vendors, at ISD's'discretion.
2 TERNI
The term of this Agreement shall commence on the first day of the month following its execution and shall continue for
an initial term through June 30, 1996 and may be renewed, after this term, for an indefinite period. This Agreement
may be terminated at any time after the initial term with or without cause by CUSTOMER or by COUNTY upon
written notice given to the other at least thirty (30) days before the date specified for such termination. Any such
termination date shall coincide with the end of a calendar month. Neither party shall incur any liability to the other by
reason of such termination.
3 CUSTOMER REPRESENTATIONS
The CUSTOMER represents that the person signing this Agreement is a duly authorized representative of the
CUSTOMER and has the authority to execute this Agreement on the CUSTOMER's behalf.
4 INVOICING
During the term of this Agreement, the CUSTOMER shall pay as minimum payments the amount of the installments
shown on Schedule A. The first payment shall be due upon commencement of this Agreement. Failure to pay promptly
will result in termination of this Agreement. All future annual payments will be due no later than November 1st of each
year. Radios added will pay on a prorata basis within thirty (30) days of addition to this schedule.
5 SERVICES TO BE PROVIDED
5.1 COUNTY agrees to provide the following services without additional cost (pre-scheduling is requested):
5.1.1 Maintain sufficient "spare" portable radio rentals for the equipment that is removed from service for
maintenance reasons.
5.1.2 Remove, reinstall and maintain radios that have become defective during normal wear and usage. ISD
shall determine whether or not defects are normal wear and usage, said determination will be final.
Repair work will be performed at ISD-Radio Division, ISD-Communications, or other ISD-prescribed
location.
5.1.3 Service to be provided during normal County work hours on normal County business days. After hours
service will be available on a premium rate basis.
VDA MSI6-:192 Page 1 of 4
Revned: (416M
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5.1.4 ISD reserves the right to subcontract for all or part of services from authorized Motorola repair
facilities.
5.1.5 ISD assumes no liability for Equipment failure in the field, nor for any adverse consequences caused
by such failed Equipment.
5.1.6 ISD assumes no liability for failure to provide or delay in providing services, under this Agreement,
due directly or indirectly to causes beyond the control of Information Services 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 parties to repair or modify
Equipment.
5.2.3 Vehicle electrical problems.
5.2.4 Services not covered in Section 5.1,to the extent feasible/cost-effective as determined by Information
Services.
5.2.5 Program or re-program radios at CUSTOMER's request or in response to abnormal wear and usage.
County-originated systems reconfigurations excepted.
6 PORTABLE RENTAL EQUIPMENT
6.1 The portable rental equipment is and shall remain the exclusive property of the COUNTY.
6.2 The CUSTOMER agrees to promptly execute those documents the COUNTY deems reasonably necessary to
protect the COUNTY.
6.3 COUNTY will conspicuously mark this portable rental equipment to identify its security interest, and the
,•• CUSTOMER shall place no conflicting mark or permit the COUNTY mark to be removed.
6.4 From the date that the portable rental equipment is delivered to CUSTOMER , the CUSTOMER shall have
all the risk of loss or damage to the rental equipment regardless of the cause, includng but not limited to loss
or damage arising from the CUSTOMER's fault, negligence, or from theft or disappearance of the rental
equipment. The value of the equipment is that amount specified by the COUNTY as a "one-time purchase cost"
on Schedule A.
6.5 Upon expiration/termination of this Agreement, or upon demand by COUNTY pursuant to Paragraph 9 of this
Agreement, the CUSTOMER shall return to COUNTY, at the CUSTOMER's expense, any COUNTY
equipment in the same condition as when delivered to the CUSTOMER (reasonable wear and tear excepted).
7 CUSTOMER RESPONSIBELrMS
7.1 CUSTOMER shall own its own Equipment.
7.2 CUSTOMER shall provide ISD with model and serial numbers of all mobile/portable radios to be covered
under this Agreement.
7.3 CUSTOMER shall designate an individual as the single point of contact for maintenance coordination.
7.4 CUSTOMER shall coordinate and schedule service requirements with ISD in advance whenever possible.
CUSTOMER may be required to deliver equipment to designated locations.
7.5 CUSTOMER shall advise ISD-Radio Division of all radio relocations or reassignments, within their fleet, within
24 hours of relocation or reassignment.
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8 ASSIGNNfENT
This Agreement, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned,
and any such assignment shall be void and without effect.
9 DEFAULT
If the CUSTOMER does not make timely payment of amounts due under this Agreement or breaches any term or
condition of this Agreement, COUNTY may declare immediately due and payable the entire amount of unpaid monthly
Agreement payments, plus all other amounts due hereunder, less any unearned charges. COUNTY may also exercise
all rights and remedies of a secured parry 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.
10 GOVEFLNI NIENT AGENCY FUNDLNG
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 10.
To effect the termination of this Agreement, the CUSTOMER shall, within thirty (30) days after the beginning of the
fiscal year for which its legislative body does not appropriate funds, send COUNTY written notice stating that its
legislative body failed to appropriate funds. Such notice shall be accompanied by the payment of all sums then owed
COUNTY under this Agreement and the CUSTOMER shall return to COUNTY, at the CUSTOMER's expense, any
rental equipment in good condition (reasonable wear and tear excepted) to a location designated by COUNTY. In the
event the CUSTOMER must return any rental equipment pursuant to the terms of this paragraph, COUNTY shall retain
all sums paid under this Agreement by the CUSTOMER.
11 GENERAL TERMS AND CONDITIONS
11.1 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.
11.2 Permits - CUSTOMER is responsible for obtaining and paying the costs of any permits, licenses or approvals
by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.
11.3 Exercise of COUNTY's Rights and Authority - The Director for Information Services Department, or his
designee, shall have the authority to exercise COUNTY's rights under this Agreement.
11.4 Waiver - No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other
breach, or of such provision. Failure of COUNTY to enforce at any time, or from time to time, any provision
of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative
and additional to any other remedies in law or equity.
11.5 Validity - The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision.
11.6 Captions and Paragraph Headings - Captions and paragraph headings used herein are for convenience only and
are not a part of this Agreement and shall not be used in construing it.
11.7 All Attachment(s) and Schedule(s) hereto, if any, are an integral part of this Agreement and are incorporated
herein by reference.
11.8 Entire Agreement - This Agreement shall be governed by the laws of the State of California and constitutes
the entire agreement between the parties and supersedes all prior negotiations, discussions and preliminary
aoo.RMS/6:19: Page 3 of 4
Revucd NIb9� MP9600I.SBC
12!21/93
96-11
understanding. This Agreement may be amended as COUNTY and the CUSTOMER mutually agree in writing.
"*+ Any such amendment must be signed/approved by authorized representatives of the COUNTY and
CUSTOMER.
11.9 Notifications -
All notices or demands required or permitted to be given or trade hereunder shall be in writing and shall be
deemed duly given:
11.9.1 Upon actual delivery, if delivery is by hand; or
11.9.2 Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram
or facsimile; or
11.9.3 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 party may designate by written notice delivered pursuant hereto:
To CUSTOMER: City of San Bernardino
300 North 'D'Street
San Bernardino, CA 92418
To COUNTY: County of San Bernardino
Information Services Department
First Floor
670 East Gilbert Street
San Bemardino, California 92415-0915
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below their
r 'ive signatures.
COUNTY OF SAN BERNARDINO CUSTOMER
Sign Name
Sign Name
Chairman, Board of Supervisors
Print Name 1.1ARSHA TUROCI Print Name �� /� (/�i�
Title_ 1 f Q 2
Date MAR 0 5 1996 �_rl_ q
Date _
96-165
Approved as to form SIGNED AND CERTIFIED THAT A COPY OF THIS
and legal content • D'U,"'J LENT HAS BEEN DELNERED TO THE CHAIR.
MAN OF THE BOA.
James F. Penman, EAR' a�60�Fi[I�
City Attorney D � s
nt
By
By :
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