HomeMy WebLinkAbout21- City Administrator CITY OF SAN BERNA. DINO - REQUEST FC . COUNCIL ACTION
From: FRED WILSON Subject: Resolution authorizing site
Assistant City Administrator agreement with County relative
Dept: to installation of Mobile Data
Terminal System (MDT)
Date: March 12 , 1993
Synopsis of Previous Council action:
9/8/92 -- Resolution #92-362 authorizing agreement with Motorola
Inc. for design, implementation and testing of mobile
data terminal system.
Recommended motion:
Adopt resolution.
Signature
Fred Wilson 5122
Contact person: Phone:
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: $9 , 000 annually
Source: (Acct. No.) 679-103-53150
(Acct. Description) MIS professional/contractual
Financ.4�.-
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNAR -INO - REQUEST FOB' SOUNCIL ACTION
STAFF REPORT
The City is presently in the implementation phase of the new Mobile
Data System for the Police and Fire departments. The Mobile Data
System provides for direct access to the City's Computer Aided
Dispatch (CAD) system, Records Management System (RMS) , Hazardous
Materials (HAZMAT) and State Law Enforcement Databases. (CLETS)
Two 800 MHz mobile data radio base stations will be located at
Jurupa Mountain and Little Sunset to provide radio coverage over
the City of San Bernardino. These base stations will be installed
in County of San Bernardino Communications radio site buildings.
Also, a new microwave installation from the San Bernardino City
Hall to Little Mountain is being constructed to interconnect the
City's MDT system to the City's mobile data transmitters using
County of San Bernardino microwave circuits between Little Mountain
and Jurupa, and Little Mountain and Little Sunset.
The County of San Bernardino has prepared the attached Site License
Agreement for Rack Space and County Circuits for your approval.
This agreement provider for the rental of rack space at Little
Mountain/Jurupa and Little Mountain/Little Sunset. It also
provides for a monthly rental of microwave circuits between Little
Mountain/Jurupa and Little Mountain/Little Sunset. Approval of
this site license agreement allows the construction of the mobile
data system to proceed according to the adopted timeline between
Motorola Communications and the City's Mobile Data Project Manager
who has recommended approval of the agreement. The annual cost for
the lease of the rack space and microwave circuits is approximately
$9, 000 annually.
'5-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A LICENSE
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE USE OF COUNTY
3 CIRCUITS AND RADIO TOWER RACK SPACE RELATING TO THE INSTALLATION OF
THE CITY'S MOBILE DATA TERMINAL SYSTEM (MDT) 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 a license agreement with the County of San Bernardino for
8 the use of County circuits and radio tower rack space relating to
9 the installation of the City's mobile data terminal (MDT) system,
10 a copy of which is attached hereto, marked Exhibit
11 incorporated herein as though fully set forth at length.
12 SECTION 2 . The authorization to execute the above
13 referenced agreement is rescinded if the parties to the agreement
14 fail to execute it within sixty f the
y 60( ) days y passage of this
15 resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a _ meeting thereof, held on the
19 day of _ 1993 , by the following vote, to wit:
20 Councilmembers AYES NAYS ABSTAIN ABSENT
21 ESTRADA
22 REILLY
23 HERNANDEZ
24 MAUDSLEY
25 MINOR
26 POPE-LUDLAM
27 MILLER
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RESOLUTION AUTI :IZING A LICENSE AGREEMENT ITH THE COUNTY
OF SAN BERNARDINO RELATING TO THE INSTALLATION OF A MDT
SYSTEM.
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3 City Clerk
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5 The foregoing resolution is hereby approved this day of
1993 .
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7 W. R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
9 and legal content:
10 JAMES F. PENMAN
City At orney
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By:
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J
co vT)-
SAN BERNARDINO
SITE LICENSE AGREEMENT
by and between
COUNTY OF SAN BERNARDINO (COUNTY)
and
CITY OF SAN BERNARDINO (LICENSEE)
for
RACK SPACE and/or COUNTY CIRCUITS
WHEREAS,LICENSEE desires to use a portion of existing County of San Bernardino microwave circuit(s) (Circuits) and/or
communication site(s) (Site),designated on Schedule A,for LICENSEE's communication and/or for location of and operation of
LICENSEE's communication system equipment; and
WHEREAS, COUNTY is willing to permit said use of the County Circuits/Sites subject to certain conditions; and,
WHEREAS, portions of the Site are currently 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 property 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 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 Office of Management Services-
Communications Division.
1.4 "Circuits" (when applicable) refers individually or collectively to the COUNTY microwave circuit(s) licensed
herein for use by LICENSEE. Each Circuit is a single DSO digital channel path for digital routes or a single
analog voice channel for analog routes.
2 LICENSE TO USE
COUNTY hereby gives permission, revocable and terminable as hereinafter provided, to LICENSEE to enter the Site
for the purpose of installing and maintaining Improvements. LICENSEE shall not be permitted to use the Site for any
other purpose, except by prior written permission of COUNTY.
3 LICENSEE IMPROVEMENTS
3.1 Acknowledgment of Responsibility
LICENSEE acknowledges that the Site is essential to COUNTY's fulfilling its mission of public safety and well-
being,as well as general government. 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
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Revised: 9/10/92
include, but not limited, to...;ctronic,electrical, LPG,buildings, towers,g.-anding 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 at/through the Site.
3.2 Requirements. Limitations, and Installation Conditions - This License is subject to the limitations, requirements
and installation conditions as set forth below:
32.1 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 standards prevailing in the communications industry. Installation practices
and materials are subject to approval of the Office of Management Services-Communications Division
and the 800MHz System Administration and Management Unit (SAMU).
3.2.2 Access: COUNTY will provide two (2) sets of keys for each Site. These keys will open the locks on
the chain link fence, the padlock beneath the metal doorplate, the deadbolt and the doorknob.
LICENSEE will call (909) 356-3991 prior to going to the Site to advise the COUNTY of work to be
performed. Upon entry to site,LICENSEE shall utilize the orderwire to notify COUNTY of entry and
anticipated time on site. Upon completion of work,LICENSEE shall notify COUNTY by orderwire that
site is being secured. LICENSEE shall provide COUNTY with a list of authorized personnel who may
be accessing site, and will update the list each time there is a personnel change. This action will alert
the COUNTY to expect appropriate alarms to be generated at the Site. Failure to make this notification
call may result in response by the County Sheriff,possible arrest,and LICENSEE possibly being charged
for the cost of the response. COUNTY will advise LICENSEE of any procedural changes as may occur
in the future and LICENSEE will be bound to comply with these changes.
32.3 Equipment Changes: Changes and modifications to Improvements, that may alter performance, are
to be coordinated between the LICENSEE and the Office of Management Services-Communications
Division.
32.4 Power: COUNTY will provide 110 VAC and 48 VDC battery power at the sites.
32.5 Limitations: The LICENSEE shall provide all antenna equipment/hardware necessary for the operation
of their system. The LICENSEE shall not use,connect to or negatively affect the COUNTY's antenna
system or any COUNTY RF equipment/hardware.
3.3 Additional Controlling Documents - Site may be subject to Leases, Licenses, and/or Right-of-Way
Grants/Temporary Use Permits secured by the COUNTY from other governmental 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 furnished with copies of any relevant Documents that may have an impact upon the Site.
3.4 Maintenance- The costs of any maintenance and operation of the Improvements shall be at the sole expense of
LICENSEE.
3.5 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, OMS 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
4.1 Circuit Control - COUNTY reserves the right to manage and control COUNTY's Circuits from time-to-time 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.
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Revised: 9/10/92
4.2 Maintenance - COUNTY A exercise all reasonable care to insure the availability and quality of its circuits
licensed to LICENSEE. However,this License neither carries nor 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.
5 GENERAL
5.1 Term - This License is valid until such time as it is terminated by either party, 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 - LICENSEE 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 LICENSEE's acts,
errors or omissions and for any costs or expenses incurred by the COUNTY on account of any claim therefor.
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 In order to accomplish the indemnification herein provided for,but without limiting the indemnification,
the LICENSEE shall secure and maintain throughout the term of the contract the following types of
insurance with limits as shown:
a. 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$250,000 limits,covering all
persons providing services on behalf of the LICENSEE and all risks to such persons under this
Agreement.
b. Comprehensive General and Automobile Liability 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).
C. Errors and Omissions Liability Insurance Jif applicable)- Combined single limits of$1,000,000
for bodily injury and property damage or
Professional Liability (if applicable) - Professional liability insurance with limits of at least
$1,000,000 per claim.
5.32 Additional Named Insured -All policies, except for the Workers'Compensation coverage, shall contain
additional endorsements naming the COUNTY, their employees, agents, volunteers and officers as
additional named insured with respect to liabilities arising out of the performance of services hereunder.
For Professional Liability coverage the COUNTY shall be named as a designated person referencing the
Contract No. on the policy.
533 Waiver of Subrogation Rights - 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.
5.3.4 Policies Primary and 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.
5.3.5 Proof of Coverage - LICENSEE shall immediately furnish certificates of insurance and within 60 days
provide certified copies of all policies and endorsements 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
written notice to the COUNTY,and 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
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Revised: 9/10/92
commencement o. is License the LICENSEE shall furnish to _„ COUNTY certified copies of the
policies and endorsements.
5.3.6 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 Manger determines that any of the above insurance is not
available,is unreasonably priced, or is not needed to protect the interests of the County. In addition, if
the Risk Manager determines that heretofore required insurance is unreasonably priced or unavailable,
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 item reasonably 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.
5.4 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.
5.5 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.
5.6 Compliance - 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 Permit 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 Circuits, COUNTY may
immediately disconnect such circuits, 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 Sites and surrender all rights and privileges under
this License.
If LICENSEE fails to promptly restore the Site to its former condition, the COUNTY may restore the Site at
LICENSEE's sole expense, if appropriate.
5.7 Fiscal Year Appropriations - 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.
5.8 Exercise of COUNTY' Rights and Authority- The Assistant Administrative Officer for the COUNTY's Office
of Management Services(AAO-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.
5.9 Changes & Right 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 its users.
5.10 Assignments Sublea es. 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.
5.11 Waiver - 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 equity.
5.12 Validity -The invalidity in whole or in part of any provision of this License shall not void or affect the validity
of any other provision.
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Revised: 9/10/92
5.13 Captions and Paragraph h ..dines - Captions and paragraph headings usc- herein are for convenience only and
are not a part of this License and shall not be used in construing it.
5.14 Entire Agreement - This License 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
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.
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
Office of City Administrator
ATTN: Fred Wilson
300 North 'D" Street
San Bernardino, California 92418-0001
(909) 384-5122
To COUNTY: Office of Management Services
County of San Bernardino
First Floor
670 East Gilbert Street
San Bernardino, California 92415-0915
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth below their
respective signatures.
COUNTY OF SAN BERNARDINO LICENSEE
By By
Assistant Administrative Officer
Office of Management Services
Title
Date Date
Site-Lie-8/19/91 Page 5 of 6 SL93-064-SBCITY
Revised: 9/10/92
SCHEDULE A
LICENSE FEES
Page 1 of 1
1. The Rack Space Rental Fee is $1,907 per year per rack, except as 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 advance 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 License.
4. Fees are subject to periodic adjustment.
5. Fees are subject to pertinent San Bernardino County Code Schedule of Fees.
6. Notification of any proposed fee change shall be made to LICENSEE two (2) months in advance of
effective date of such change.
COST CALCULATIONS
RACK SPACE:
San Bernardino County # Estimated
Communications of Total
Site Racks Annual Fee
Little Mountain 2 $ 3,814
Sunset Peak 1 1,907
Jurupal 1 1,907
Rack Space Fee Subtotal $ 7,628
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COUNTY CIRCUITS:
San Bernardino County # Monthly Estimated
Communications of per Circuit Total
Site Circuits Fee Annual Fee
From TO
Little Mtn. Sunset 1 $ 60 $ 720
Little Mtn. Jurupa 1 60 720
Circuit Fee Subtotal $ 1,440
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TOTAL CHARGES:
Rack Space Subtotal From Above $7,628
Circuit Fee Subtotal From Above 1,440
Contract Total $ 9,068
Footnote(s):
t Due to limited space, LICENSEE will use a wall mount location or other partial rack space as may be
designated by the Office of Management Services.
Site-Lic-8/19/91 Page 6 of 6 SL93-064-SBCITY
Revised: 9/10/92