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HomeMy WebLinkAboutContracts & Agreements_11-2012_CCv0002.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION April 10, 2012 FROM: JOEL GOLUB, Chief Information Officer Information Services Department SUBJECT: REVENUE AGREEMENT WITH THE CITY OF REDLANDS POLICE DEPARTMENT FOR 800 MHZ RADIO COMMUNICATIONS SYSTEM ACCESS AND MAINTENANCE RECOMMENDATION(S) Approve five-year revenue Agreement No.12-209 with the City of Redlands Police Department for 800 MHz radio access and maintenance services in the amount of $1,727,340, for the period of February 1, 2012 through January 31, 2017. (Affected Districts: All) (Presenter: Joel Golub, Chief Information Officer, 388-5501) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Operate in a Fiscally-Responsible and Business-Like Manner. Maintain Public Safety. Pursue County Goals and Objectives by Working with Other Governmental Agencies. FINANCIAL IMPACT Approval of this item will result in revenue in the amount of $345,468 per year for the Information Services Department (ISD) Telecommunication Services budget (IAM MHZ RAC), for a total of $1,727,340 during the five-year term and is included in the 2011-12 adopted budget. These rates will be reviewed annually, and adjusted as necessary, to ensure cost recovery. BACKGROUND INFORMATION Approval of this item will provide the City of Redlands Police Department continued radio access and maintenance services. Access to the system will be in accordance with operational policies currently in effect. These policies allow the County to exercise discretionary control over the system to manage traffic and ensure immediate access by public safety agencies. County public safety and local governmental safety customers have operational priority over all other users of the system. This agreement allows for revisions to service levels and Board of Supervisors approved changes to the rate at any time during the contract term. Additionally, these agreements may be terminated with sixty (60) days written notice. This agreement is retroactive to February 1, 2012 due to delays in the provisioning of the contract. Page 1 of 2 cc: ISD-Austin w/agree Record of Action of Supervisors Contractor c/o ISD w/agree r Auditor-Accts Pay Mgr w/agree APPROVE ��OWN-11'4P NDAR) EBIX-BPO c/o Risk Mgmt COUNTY-OF SAN BE O ISD-Golub;Contracts Unit CAO-Edmistenpo File-w/agree MOTION AYE 11 pit,, AYE jll 04/18/12 1 v 2 3 4 5 LA RA H.WELCH' K QF,T BY ITEM 33 '1RD[ti0 C ��4-19-11 DAT : April 10, 2 2 FOR COUNTY USE ONLY x New Vendor Code Dept. Contract Number Change SC MHz ACancel i -Zo �^ County Department Dept. Orgn. Contractor's License No. Information Services Department MHz RAC County Department Contract Representative Telephone Total Contract Amount County of San Bernardino imee Austin 909-388-0774 $1,727,340 FAS contract Type x Revenue ❑ Encumbered ❑ unencumbered ❑ Other: STANDARD CONTRACT if not encumbered or revenue contract type provide reason. Commodity Code Contract start Date Contract End Date Original Amount Amendment Amount 2/1/2012 1/31/2017 Fund Dept. Organization Appr. ObyRev Source GRC/PROJ/JOB No. Amount IAM MHz RAC 9880 $1,481,580 Fund Dept Organization Appr. Obi/Rev Source GRC/PROJ/JOB No. Amount IAM MHz RSM 9880 $245,760 Fund I Dept Organization Appy. ObyRev Source GRc/PROJ/JOB No. Amount Protect Name Estimated Payment Total by Fiscal Year 800 MHz radio access and FY Amount 1113 FY Amount 11D maintenance 11/12 $143.945 _ 14/15 $345,468 _ 12/13 $345,468 15/16 $345,468 11/1 AAA 1(1117 .P.7nl A21 THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereina�#er called the County, and Name ((( City of Redlands Police Department hereinafter called CUSTOMER OR CONTRACTOR Address PO Box 1025 Redlands, CA 92373 Telephone Federal ID No.or Social Security No. (909)335-4751 WHEREAS,County owns and operates a 800 MHz Radio Communications System("System'),and; WHEREAS, Customer desires to have access to the System and acquire basic System services which are set forth in Exhibit A attached hereto and herein incorporated by reference; NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and promises described herein, the Parties agree as follows: I. SYSTEM DESCRIPTION AND ACCESS The 800 MHz Radio Communications 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 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 10 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 home 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 home 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-govemmental Customers may have a need to communicate with public safety/local 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 10 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) Non-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. 111. 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 Mobile/Portable 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 Radlos 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 frorri 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 10 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 ISO 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 February 1, 2012. 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 Terme 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 I through June 36) 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 10 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. Vill. INDEMNIFICATION AND INSURANCE Indemnification —The Contractor agrees to indemnity, 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 Contractor'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. 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 insureds 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 2010.1185. Waiver of Subrogation Rights—The Contractor 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 Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. Policies Primary and Non-Contributory—All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carded or administered by the County. Severability of Interestk—The Contractor 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 Contractor and the County or between the County and any other insured or additional insured under the policy. Proof of Coverage—The Contractor shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements,as required, prior to the approval of this agreement by County, which certificates shall provide that such insurance shall not be terminated or expire without thirty(30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor 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. Acceptability of Insurance Cartier— 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". 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. Failure to Procure Coverage — In the event that any policy of insurance required under this contract 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 Page 5 of 10 County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. 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 limb must be made by amendment to this contract. Contractor 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. Insurance The Contractor agrees to provide Insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor 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 Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown: Workers' CompensationfEmployers Liability — 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 Contractor and all risks to such persons under this contract. If Contractor 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 Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers'Compensation Insurance. Commercial/General Liability Insurance —The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor 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). (d) Explosion,collapse and underground hazards. (e) Personal injury (Q Contractual liability. (g) $2,000,000 general aggregate limit. Automobile Liability 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. Page 6 of 10 # # too a ## e A three limited circumstances. (r) Iron,steal or relevant manufactured goods are not produced In the United States in sufficient and reasonable quantities and of a satisfactory quality, {i IN WITNESS WHEREOF, the parties have hereto executed this agreement on the date set forth below their respective signatures. COUNTY OF SAN B DINO Josie Gon , Ch City of Redlands Police Department ' -� isffccrporadn CWWWW,�) Dated _ , f�R j 11 202 BY b,. t:y ATTEST: SIGNED AND CERTIFIED THAT A COPY OF THIS Pete Aguilar (AutborfzedS0wturo)Sa in DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN Dated Februar 7 2012 OF THE BOARD. `. f Laura H. Welch, Clerk of the BoardTitle mayor' © of the Y City Cl rk County of San Bernardino Address PO Box 1025 _ By Redlands CA 92373 �PPrcved 'i , by CoMrad CompNence Prbsarrted to BOS for S' ► �iftf t31 inetus saw,J. ►� ��� "at Head -<,,_Data Z + 1/ Date Data L L Paan a d in EXHIBIT A SAN BERNARDINO COUNTY INFORMATION SERVICES DEPARTMENT 800 MHz RADIO COMMUNICATIONS SYSTEM ACCESSIPAGING 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: M BASIC SERVICES PER RADIO. System Access Charge, including Entire Segment, Mutual Aid. Basic System Services, including Operator Training,Fixed System Maintenance,Basic System Admin(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 F-1 A. EACH ADDITIONAL TALK GROUP:(Talk Groups defined by County for each customer from available Talk Groups) F-1 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. F-1 C. PAGING SERVICES IK71 Lnj 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 Equipment Type No of Units Monthly Unit Charge Monthly Charge 800 MHz Radio Access 537 $23,628 $23,628 800 MHz Radio Maintenance 512 $4,096 $4,096 Dispatch Console Maintenance 3 $1,065 $1,065 Paging Services Total ESTIMATED Monthly Cost $28,789 Total Estimated First Year Cost $345,46B Total Estimated Cost Per Additional Year $345,468 Page 10 of 10