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HomeMy WebLinkAboutContracts & Agreements_107-2017 FOR COUNTY USE ONLY Q x New Vendor Code Dept Contract Number �COVk3Y Change C Iso A ISD-17002 Cancel County Department Dept Orgn Customer's License No Information Services Department ISD County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Lea Radimaker 909-388-0672 $101,70240 FAS Contract Type STANDARD CONTRACT ® Revenue ❑ Encumbered ❑ Unencumbered ❑ Other If not encumbered or revenue contract type provide reason Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amountl 4/1/2017 3/31/2022 1 Fund Dept Organization Appr Obi/Rev Source GRC/PROJ/JOB No Amount ]AM ISD RAC 9880 RADIOACC $90,87360 Fund Dept Organization Appr Obj/Rev Source GRC/PROJ/JOB No Amount IAM ISD RSM 9880 RADIOMAI $10,82880 Fund Dept Organization Appr Ob11Rev Source GRC/PROJ/JOB No Amount Protect Name Estimated Payment Total by Fiscal Year Radio Access & Maintenance FY Amount IID FY Amount IID 16117 $5,08512 19/20 $20,34048 17/18 $20,34048 _ 20/21 $20 340 48 _ 18/19 $20,34048 21/22 $15,25536 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 Redlands Municipal Utilities&Engineering Department hereinafter called Customer Address 35 Cajon Street, Ste 15A Redlands CA 92373 Telephone Federal ID No or Social Security No (909) 798-7527 IT IS HEREBY AGREED AS FOLLOWS' I SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATION SYSTEM ACCESS The 800 MHz Radio Communications System, hereinafter called System is composed of two components known as the Backbone and Field Equipment The Backbone is defined as that 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 It 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 equipment, mobile radios, and portable radios Under this agreement, data communications, i e Mobile Digital Terminals and required support equipment, is excluded Specific charges for such service(s) are set forth and attached hereto as Exhibit A, "800 MHz Radio Communications System Access/Paging Services and Payment Terms Page 1 of 9 A) System Purpose and Objective The primary purpose of the System is to serve the County and accommodate participation by public safety and local governmental agencies in the county of San Bernardino Secondarily, other governmental and safety related non-governmental Customers may be allowed access to the System as conditions warrant and as provided for by this agreement During a disaster, public safety will receive priority in all areas based entirely on emergency response responsibilities Non-public safety Customers' access to System may be controlled or withheld B) Backbone Operational Policies 1) Public safety and local governmental Customers shall have operational priority over all other Customers 2) County has the final authority, at all times, to exercise discretionary control over the Backbone 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 Customers C) Backbone Modification (Post Backbone Implementation) 1) County may determine that Backbone modification is needed from time to time to meet the changing needs of County and/or Customers 2) Costs for Backbone modifications made after the execution of this agreement shall be shared by Customers receiving benefits related to such modifications based on the benefit derived by each Derived benefit shall be determined based on the number of units that are in service by each end user in relationship to the total units being serviced by the system Backbone infrastructure at the time the modification is made, unless the modification is specific to an end user or a group of users In this case, the affected end user or group of users that caused the modification would bear the entire cost of the modification 3) Costs for the implementation, operation and maintenance of any modification requested by, and benefiting only Customer, shall be borne solely by that Customer 4) If modification improves service only in/for a definable local area, any Customers 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 5) If the modification benefits all Backbone Customers, costs for the implementation, operation, and maintenance shall be borne by all Customers D) Field Equipment 1) Customer shall at Customer expense and future financial liability, purchase and maintain its own Field Equipment 2) Customer shall, at Customer expense, expand or modify existing Customer structures, facilities, or dispatch centers as required to support the installation of Customer's Field Equipment E) Related Non-Governmental Customers 1) At times, non-governmental Customers may have a need to communicate with public safetyllocal government services during emergencies, or in their daily support of public safety/local government services Where it is not in conflict with Federal Communications Commission (FCC) Regulations or other laws, and subject to approval by County, such Customers may be allowed Backbone access However, non- governmental use of the Backbone for day-to-day operations shall be on a non-interfering, prioritized basis, and subject to channel loading limits, as determined by County 2) The County shall be responsible for coordinating Backbone access and implementing terms and conditions of such use, including one-time and recurring costs to be paid by such new Customers Page 2 of 9 3) County shall monitor non-governmental Customers of the Backbone If the future needs of public safety/local government expand to the point of competition with non-governmental use of the Backbone, said non- governmental Customers may be required by the County to vacate their use of the Backbone 4) Non-governmental Customers shall generally be removed in reverse order of their entry into the System, i e , the last Customer to enter the System will customarily be the first to be removed unless any other Customer(s) voluntarily relinquishes access 5) Nan-governmental Customers being removed from the System shall have ninety (90) days to remove their equipment or transfer their operations to another communications system F) Backbone Ownership It is understood that County has ownership of the Backbone, and upon any termination of this agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall remain with the County Customer shall retain all rights, title, and interest in its own Field Equipment II MHz RADIO AND EQUIPMENT MAINTENANCE SERVICES The County of San Bernardino Information Services Department (ISD) provides a number of 800 MHz radio and equipment maintenance services that are available to public safety and local governmental agencies in the county of San Bernardino, as well as other governmental and safety related non-governmental customers Maintenance services provided for under this agreement consist of 800MHz Backbone Radio Equipment, 800 MHz MobilelPortable Radio Equipment, 800 MHz Vehicular Radio Modems (VRMs), 800 MHz Radio Dispatch Equipment and 800 MHz Radio Battery Replacement Specific charges for such service(s) are set forth and attached hereto as Exhibit A, "800 MHz Radio Communications System Access/Paging Services and Payment Terms" A) County Responsibilities in Providing Maintenance Services 1) Maintain sufficient"loaner equipment' or"spare' mobile radios to temporarily replace equipment that is removed from service for maintenance reasons 2) Remove, reinstall and maintain Customer owned radios or other covered equipment that has become defective from normal wear and usage ISD shall determine if defects are normal wear and usage, said determination will be final Repair work will be performed at ISD or elsewhere as prescribed by ISD 3) Maintenance for Customer owned Radio Dispatch Equipment and Backbone Radio Equipment will be provided 24 hours per day, seven days per week with a two-hour response time Maintenance for VRMs, and Mobile/Portable Radios to be provided during normal County work hours on normal County business days After hours service will be available on a premium rate basis 4) ISD reserves the right to subcontract for all or part of services from authorized Motorola repair facilities 5) ISD assumes no liability for equipment failure in the field, or for any adverse consequences caused by such failed equipment 6) ISD assumes no liability for failure to provide or delay in providing services, under this agreement B) County Services Provided on a Time and Materials Basis 1) Service required due to Customer abuse or abnormal wear 2) Service to correct attempts by Customer or unauthorized third parties to repair or modify equipment 3) Facility electrical problems at Customer location(s) or vehicle electrical problems 4) Services not covered in Paragraph 11, to the extent feasible/cost-effective as determined by ISD Page 3 of 9 5) Program or re-program radios at Customer's request or in response to abnormal wear and usage, except for County originated systems reconfigurations 6) Replacement of consumable items including portable radio batteries, mobile and portable antennas and microphone cords C) Customer Responsibilities 1) Customer shall own its own equipment a Customer shall provide ISD with model and serial numbers of all equipment to be covered under this agreement b Customer shall designate an individual as the single point of contact for maintenance coordination c Customer shall coordinate and schedule service requirements with ISD in advance whenever possible d Customer shall advise ISD of all radio relocations or reassignments within their fleet, within 24 hours of relocation or reassignment Ill. EFFECTIVE DATE AND TERMINATION This agreement shall commence on the first day of the month following the date the Chief Executive Officer (CEO) or Chief Information Officer (CIO) approves this agreement This agreement shall remain in effect for five (5) years, unless the County or the Customer, at the sole discretion of either terminates the agreement by giving sixty (60) days written notice to the other County may, at its sole discretion, opt not to terminate its services until replacement services are identified and in place, however, in no event shall County's services be continued beyond 120 days of the original written notice 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 IV RATES AND PAYMENT TERMS Payment rates and conditions are set forth on Exhibit A , "800 MHz Radio Communications System Access/Paging Services and Payment Terms" attached hereto Payment shall be due upon receipt of invoice and payable within sixty (60) days of invoice date In order to amend this agreement for a change in service levels, County will provide to Customer a revised Exhibit A incorporating such change(s) which shall be signed by Customer and returned to County Customer's subsequent invoice shall be adjusted in accordance with the change(s), on a prorated basis, as necessary Exhibit A reflects the rates in effect at the execution of this agreement Any subsequent rate change(s) shall become effective on July 1 of the County fiscal year(July 1 through June 30) in which such rate change(s) is adopted as part of the County Budget County shall provide notice to Customer of pending rate change(s) by providing Customer with a revised Exhibit A reflecting such rate change(s) Customer's subsequent invoice shall be adjusted in accordance with the rate change(s) Checks shall be made payable to the County of San Bernardino Payment address is County of San Bernardino Information Services Department 670 E Gilbert Street, First Floor San Bernardino, CA 92415-0915 Attn Administration Services V. AGREEMENT AUTHORIZATION The Customer warrants and represents that the individual signing this agreement is a properly authorized representative of the Customer and has the full power and authority to enter into this agreement on the Customer's behalf VI ASSIGNMENT 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 Page 4 of 9 VII 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 unpaid amount plus all other amounts due hereunder, less any unearned charges County may also exercise all rights and remedies of a secure 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 VIII INDEMNIFICATION AND INSURANCE A) Basic Requirements 1) Indemnification — The Customer agrees to indemnify, defend (with counsel reasonably approved by County) 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 except where such indemnification is prohibited by law This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees The Customer's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782 2) Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insured with respect to liabilities arising out of the performance of services hereunder The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010 11 85 3) Waiver of Subrogation Rights —The Customer shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors All general or auto liability insurance coverage provided shall not prohibit the Customer and Customer's employees or agents from waiving the right of subrogation prior to a loss or claim The Customer hereby waives all rights of subrogation against the County 4) Policies Primary and Non-Contributory — All policies required herein are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County 5) Severability of Interests — The Customer agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Customer and the County or between the County and any other insured or additional insured under the policy 6) Proof of Coverage — The Customer shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, as 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 Department, and Customer shall maintain such insurance from the time Customer commences performance of services hereunder until the completion of such services Within fifteen (15) days of the commencement of this contract, the Customer shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request 7) AcceDtabiiity of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of"A- VII" 8) Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management 9) Failure to Procure Coverage — In the event that any policy of insurance required under this contract Page 5 of 9 does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Customer or County payments to the Customer will be reduced to pay for County purchased insurance 10) Insurance Review— Insurance requirements are subject to periodic review by the County The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee 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 change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract Customer agrees to execute any such amendment within thirty (30) days of receipt Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County B) Insurance Specifications The Customer agrees to provide insurance set forth in accordance with the requirements herein If the Customer uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Customer agrees to amend, supplement or endorse the existing coverage to do so The type(s) of insurance required is determined by the scope of the contract services Without in anyway affecting the indemnity herein provided and in addition thereto, the Customer shall secure and maintain throughout the contract term the following types of insurance with limits as shown 1) Workers' Compensation/Emolovers Liabilitv — 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 including volunteers providing services on behalf of the Customer and all risks to such persons under this contract If Customer has no employees, it may certify or warrant to the County that is does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management With respect to Customers that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance 2) Commercial/General Liabilitv insurance — The Customer shall carry General Liability Insurance covering all operations performed by or on behalf of the Customer providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1 000 000) per occurrence The policy coverage shall include a Premises operations and mobile equipment b Products and completed operations c Broad form property damage (including completed operations) e Explosion, collapse and underground hazards f Personal injury g Contractual liability h $2,000,000 general aggregate limit Page 6 of 9 3) Automobile Liabilitv Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned hired and non-owned automobiles or symbol 1 (any auto) The policy shall have a combined single limit of not less than one million dollars ($1 000,000) for bodily injury and property damage, per occurrence If the Customer is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000 000) for bodily injury and property damage per occurrence If the Customer owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable 4) Umbrella Liabilitv Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy The coverage shall also apply to automobile liability 5) Professional Liabilitv -- Professional Liability Insurance with limits of not less than one million ($1,000 000) per claim or occurrence and two million ($2,000,000) aggregate limits or Errors and Omissions Liabilitv Insurance with limits of not less than one million ($1,000 000) and two million ($2,000,000) aggregate limits IX GENERAL TERMS AND CONDITIONS A) 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 B) 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 C) 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 D) Caption 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 E) Exhibits -All Exhibits attached hereto, if any, are an integral part of this agreement and are incorporated herein by reference F) 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 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 G) Notifications -All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be deemed duly given Upon actual delivery, if delivery is by hand, or Upon receipt by the transmitting party of confirmation or answer back if delivery is by telex, telegram or facsimile, or Three days following delivery into the First Class United States 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 design ate by written notice delivered pursuant hereto Customer City of Redlands Police Department Attn Brenda Boon PO BOX 1025 Redlands, CA 92373 Page 7 of 9 County County of San Bernardino Information Services Department 670 E Gilbert Street, First Floor San Bernardino, CA 92415-0915 Attn Administration Services X INFORMATION SERVICES DEPARTMENT AUTHORIZATION The County's Information Services Department, through the Chief Executive Officer or Its Chief Information Officer or designee, is authorized to discharge all functions ascribed to County in this agreement, except those specifically reserved by law to the Board of Supervisors XI FORCE MAJEURE 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, 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 IN WITNESS WHEREOF, the parties have hereto executed this agreement on the date set forth below their respective signatures COUNTY OF SAN BERNARDINO CUSTOMER NAME 10. City of Redlands Municipal Utilities& Engineering Department Chief, ormatiQ 0' icer (State if corporation, company, etc.) Dated �%- oC rJ — / By ► 1 (Authorized Signature) Dated (,116 ,11-7 Title Paul W Foster, Mayor ATTEST Je e Donaldson, City Clerk Approved as to Legal Form Reviewed by Contract Compliance ■ 1," � ► Deputy County CSuhsei Date �� !f 72 Date Page 8 of 9 EXHIBIT A SAN BERNARDINO COUNTY INFORMATION SERVICES DEPARTMENT 800 MHz RADIO COMMUNICATIONS SYSTEM ACCESS/PAGING SERVICES AND PAYMENT TERMS SERVICES TO BE PROVIDED The following access/paging service(s) selected by check mark shall be rendered to Customer under this agreement ® BASIC SERVICES PER RADIO System Access Charge including Entire Segment, Mutual Aid Basic System Services, including Operator Training, Fixed System Maintenance, Basic System Adman (including FCC Licensing Violations Review Improper System Use Analysis, Financial, Accounting), Basic System Management (Dynamic Regrouping Selective Unit, Inhibit, Unique Unit ID Tracking Mutual Aid Access Crosspatch) ENHANCED SERVICES ❑ A EACH ADDITIONAL TALK GROUP (Talk Groups defined by County for each customer from available Talk Groups) ❑ B TELEPHONE INTERCONNECT Air Time (first 15 minutes free) Plus applicable Telco-Net and Toll Charges Use of this option is restricted-Constraints as established by the County ❑ C PAGING SERVICES ❑ D DISPATCH CONSOLE PAYMENT SCHEDULE Monthly Invoicing County will invoice customer in advance for services Payments are due upon receipt of invoice and payable within sixty(60) days of invoice date CHARGES FOR SERVICES Service(s) No of Units Monthly Unit Charge Monthly Charge Radio Access 32 $4733 $1,51456 I I Radio Maintenance 32 $564 $18048 I Pager Access Telephone Interconnect Mobile Data Access Dispatch Console Total Estimated Monthly Cost $1,69504 I Total Estimated Contract Cost $101,70240 Page 9 of 9