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HomeMy WebLinkAboutContracts & Agreements_213-2019REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO AND RECORD OF ACTION January 28, 2020 FROM BRENDON BIGGS, Interim Director, Department of Public Works — Transportation SUBJECT License Agreement with City of Redlands Police Department for Automatic License Plate Reader Camera Installations RECOMMENDATION(S) Approve a License Agreement No. 20-42 with City of Redlands Police Department to install, operate, and maintain seven Automatic License Plate Reader Cameras in the unincorporated area of Redlands for a five-year period of January 28, 2020 through January 27, 2025. (Presenter: Brendon Biggs, Interim Director, 387-7906) COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES Provide for the Safety, Health and Social Service Needs of County Residents. Pursue County Goals and Objectives by Working with Other Agencies. FINANCIAL IMPACT Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) and will have minimal financial impact on the County. County costs associated with this Agreement are limited to administrative costs related to the approval of this Agreement. The County has received adequate consideration in exchange for a no fee non-exclusive license agreement. Improvements to County facilities for the installation, maintenance, and operation of the cameras will be financed solely by City of Redlands. BACKGROUND INFORMATION The City of Redlands (City) desires to install and maintain seven Automatic License Plate Reader (ALPR) cameras and related equipment on County maintained traffic signals on County maintained streets around the Mountain Grove and Citrus Plaza shopping centers in the unincorporated area of Redlands. The goal is to increase security in the area and the information collected will be shared with all law enforcement agencies in California (regional system). The City purchased a total of 11 cameras with the remaining 4 cameras to be installed at City maintained intersections. The cameras will be used by the Redlands Police Department Investigations and Support Services Unit to expand existing investigation programs in the Redlands Police Department and contribute more data to the regional system in order to assist in solving crimes throughout the region. The data collected will be used to investigate cases of active warrants, homeland security, violent crimes, child abductions, and stolen property recovery. Item 31 Page 1 of 3 License Agreement with City of Redlands Police Department for Automatic License Plate Reader Camera Installations January 28, 2020 Approval of this Agreement will support the County and Chief Executive Officer's goals and objectives to provide for the safety, health, and social service needs of County residents, as well as working with other agencies. PROCUREMENT Not applicable. REVIEW BY OTHERS This item has been reviewed by County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on November 21, 2019; Finance (Jessica Trillo, Administrative Analyst, 387-4222) on December 30, 2019; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on January 7, 2020. Item 31 Page 2 of 3 License Agreement with City of Redlands Police Department for Automatic License Plate Reader Camera Installations January 28, 2020 Record of Action of the Board of Supervisors County of San Bernardino APPROVED (CONSENT CALENDAR) Moved: Robert A. Lovingood Seconded: Janice Rutherford Ayes: Robert A. Lovingood, Janice Rutherford, Dawn Rowe, Curt Hagman, Josie Gonzales Lynna Monell, CLERK OF THE BOARD BY DATED: Jknuary 28, 020 OV S II I H \ 111a,,. cc: PW/Trans- Truett w/agree Contractor- CIO PW/Trans wlagree File- wlagree la 02/6/2020 Item 31 Page 3 of 3 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY SAN BERNARDINO COUNTY Public Works Department Contract Representative Michael Truett Telephone Number 387-7994 Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center Briefly describe the general nature of the contract: Contract Number 110A410Z SAP Number City of Redlands — Police Dept Lt. Mike Reiss 909-798-7628 5 years _ $0 from County $0 $500 from City at $100 per year This agreement will allow the City of Redlands Police Department to install and maintain seven (7) automatic license plate reader cameras (ALPR) and related equipment on County maintained traffic signal facilities in the donut -hole area around Mountain Grove and Citrus Plaza shopping centers. The City shall annually reimburse the County Department of Public Works — Transportation, the agreed upon amount of $100 to reimburse for the costs of the electricity being provided by the County. The Agreement will remain in effect for a period of 5 years from the effective date. The Agreement may be terminated by either party by providing a written notice to the other of such termination and specifying the reason with an effective date, 60 days in advance of said effective date. FOR COUNTY USE ONLY Approved as to Legal F�or%m� 0-qUq0&W �(' Suzan B n Deputy Co bnty Co I Date V Y1. � � t W lw Reviewed for Contract Compliance Reviewe A 110� Moham d Ali, P.E. Brend—on Date �!� Date 1 prov byzZartment l ggs, Interim birqftor Standard Contract Page 1 of 1 LICENSE AGREEMENT This License Agreement ("Agreement") is made and entered into this 5th day of November, 2019 ("Effective Date") by and between the County of San Bernardino ("Licensor") and the City of Redlands ("Licensee"). Licensor and Licensee are sometimes individually referred to herein as "Party" and, together, as the "Parties." RECITALS WHEREAS, Licensor is the owner of certain real property (traffic signal poles) located at Alabama Street at San Bernardino Avenue and Citrus Plaza Drive at Lugonia Avenue, which is described in Exhibit "A" (the "Property") and attached hereto and incorporated herein by this reference; and WHEREAS, Licensee desires to install and maintain seven (7) automatic license plate reader cameras, and related equipment only (the "System") on Licensor's Property; and WHEREAS, Licensor desires to grant Licensee a non-exclusive license to enter upon the Property and install the System on the Property on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: Section 1. Grant of License. Licensor hereby grants to Licensee a revocable license to enter upon and use, subject to all of the terms and conditions hereof, the Property designated by Licensor for the installation and operation of the System. All activities of the Licensee undertaken in connection with Licensee's installation and operation of the System shall be performed in accordance with all applicable federal, state and local laws and Licensor's standards. Licensee acknowledges and agrees that Licensee shall be financially obligated and responsible for all costs associated in connections with the purchase, installation, operation, maintenance, and removal of the System. Section 2. Acknowledgment of License and Disclaimer of Tenancy. A. Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property. B. In consideration of Licensor's grant of this license, Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege, or interest in the Property other than the license granted by this Agreement. C. The consideration paid by Licensee pursuant to Section 3 of this Agreement is consistent with the value of the rights comprising the license privilege; the consideration is not consistent with the higher market value for a greater right, privilege, or interest (such as a lease) in the Property. 1 LAcn\djmlAgreements\SB County License Agreement ALPR cameras installation.docx.jn D. Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into this Agreement. Section 3. License Fee. In consideration for the grant of this license, Licensee shall pay Licensor an annual license fee of one hundred dollars ($100) per year to cover the cost of providing electricity for these devices. Licensee's first payment to Licensor shall be due and payable within ten (10) days of the Effective Date of this license and thereafter shall be due and payable on or before each such subsequent annual anniversary date of the Effective date of this Agreement. Section 4. Notice of Entry. Licensee shall provide prior written notice to Licensor of the dates on which Licensee desires to enter upon the Property to install and perform work on the System. Section 5. Possession and Condition of Property Not Warranted. Licensor does not warrant or represent that the Property is suitable for Licensee's entry . t ry upon the Property or Licensee's installation and operation of the System, or for any other purpose, and Licensee agrees to enter and use, as the case may be, the Property in its "as is" condition, and install and operate the System thereon at its own risk, and Licensee may not make any claim against Licensor for damage, restitution, or other relief in connection with entry, installation, operation, construction, maintenance, or removal. Section 6. Damage to Licensor Property. Licensee shall repair, or cause to be repaired, at its own cost, all damages to Licensor property, vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Licensee or its employees or agents. Such repairs shall be made immediately after Licensee becomes aware of such damage, but in no event later than thirty (30) days after the occurrence. If the Licensee fails to make timely repairs, the Licensor may make any necessary repairs. The Licensee, as determined by the Licensor, shall repay all costs incurred by the Licensor for such repairs, by cash payment upon demand. Section 7. Operation of the System. A. Licensee shall be wholly responsible for the System and shall be solely responsible for the maintenance, operation, and repair of the System at Licensee's sole cost. B. Licensee shall hold Licensor free and harmless from all charges associated with the operation, maintenance, removal, and monitoring of the System. Section S. Installation and Maintenance of the Property. Licensee shall be solely responsible for any damages and/or repairs to the Property arising from or in connection with the installation, operation, and maintenance of the System. Licensee shall obtain an encroachment permit from Licensor prior to installation of the System. Section 9. Improvements. Licensee shall not make any improvements, repairs, or alterations to the Property without Licensor's prior written consent. 2 L:1ca\djm\AgreementslsB County License Agreement ALPR cameras instaitadon.doex.jn Section 10. Reservation of Rights. Licensor reserves its rights to inspect the System, and to require such changes, additions, adjustments, repairs, relocation and removal as may, at any time, be considered necessary to permit the relocation, reconstruction, or maintenance of the Licensor's property and that the cost of making such changes, additions, adjustments, repairs, relocations, and removal shall be borne by the Licensee. The System and/or its maintenance shall not interfere with the Licensor's property or traffic control, including, but not limited to, traffic signal cabinet, conduit, junction boxes, mast arm poles or traffic signal posts. Section 11. Commencement• Termination. This Agreement shall commence upon its Effective Date and shall terminate five (5) years after the Effective Date, or upon removal of the System, whichever is earlier. This Agreement may also be terminated by either Party upon sixty (60) days prior written notice to the other Party. Section 12. Notice. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: Licensor: County of San Bernardino Department of Public Works Permits/Operations Support Division 825 East Third Street San Bernardino, CA 92415-0835 Licensee: City Clerk City of Redlands 35 Cajon Street, Ste. 4 P.O. Box 3005 (mailing) Redlands, CA 92373 Section 13. Indemnification of Licensor. Licensee shall indemnify, defend (with counsel reasonably approved by Licensor) and hold harmless the Licensor and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the Licensor 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 indemnities. The Licensee's indemnification obligation applies to the Licensor's "active" as well as "passive" negligence but L:1ca\djnMgreementslsB County License Agreement ALPR cameras installation.doex jn does not apply to the Licenser's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782. Section 14. Additional Insured. All policies, except for Worker's Compensation, shall contain additional endorsements naming the Licensor and its officers, employees, agents and volunteers as additional named 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 Licensor to vicarious liability but shall allow coverage for the Licensor 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. Section 15. Waiver of Subrogation Rights. The Licensee shall require the carriers of required coverages to waive all rights of subrogation against the Licensor, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Licensee and Licensee's employees or agents from waiving the right of subrogation prior to a loss or claim. The Licensee hereby waives all rights of subrogation against the Licensor. Section 16. 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 Licensor. Section 17. Severability of Interests. The Licensee 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 Licensee and the Licensor or between the Licensor and any other insured or additional insured under the policy. Section 18. Proof of Coverage. The Licensee shall furnish Certificates of Insurance to the Licensor Department administering the Agreement evidencing the insurance coverage at the time the Agreement is executed, additional endorsements, as required shall be provided prior to the commencement of use of the license hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Licensor Department, and Licensee shall maintain such insurance from the time Licensee commences use of the license hereunder until the use ceases. Within fifteen (15) days of the commencement of this Agreement, the Licensee 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. Section 19. Acceptability 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- VH." Section 20. Deductibles and Self -Insured Retention. Any and all deductibles or self - insured retentions in excess of ten thousand dollars ($10,000) shall be declared to and approved by Licenser's Risk Management ("Risk Management"). 4 L:1caldjm\Agreements\S8 County License Agreement ALPR cameras installation.docx.jn Section 21. Failure to Procure Coverage. In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, the Licensor has the right but not the obligation or duty to cancel the Agreement or obtain insurance if it deems necessary and any premiums paid by the Licensor will be promptly reimbursed by the Licensee. Section 22. Insurance Review. Insurance requirements are subject to periodic review by the Licensor. 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 Licensor. 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 Licensor, inflation, or any other item reasonably related to the Licensor's risk. 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. Any failure, actual or alleged, on the part of the Licensor 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 Licensor. Section 23. Required Insurance. The Licensee agrees to provide insurance set forth in accordance with the requirements herein. If the Licensee uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Licensee agrees to amend, supplement or endorse the existing coverage to do so. Without in anyway affecting the indemnity herein provided and in addition thereto, the Licensee shall secure and maintain throughout the Agreement term the following types of insurance with limits as shown: A. Workers' Compensation/Employer's 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 two hundred fifty thousand dollars ($250,000) limits covering all persons including volunteers providing services on behalf of the Licensee and all risks to such persons under this Agreement. B. Commercial/General Liability Insurance — The Licensee shall carry General Liability Insurance covering all operations performed by or on behalf of the Licensee 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: 5 L:1ca\djm\AgreemenlslsB County License Agreement ALPR cameras installation. GUJn 1. Premises operations and mobile equipment. 2. Products and completed operations. 3. Broad form property damage (including completed operations). 4. Explosion, collapse and underground hazards. 5. Personal injury. 6. Contractual liability. 7. $2,000,000 general aggregate limit. C. 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. If the Licensee 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. D. Umbrella Liability 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. E. If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date of the state of the contract work. The claims made insurance shall be maintained or "tail" coverage provided for a minimum of five (5) years after Agreement completion. F. Cyber Liability Insurance. Cyber Liability Insurance with limits of no less than one million dollars ($1,000,000) for each occurrence or event with an annual aggregate of two million dollars ($2,000,000) covering privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved Licensor entities and cover breach response cost as well as regulatory fines and penalties. Section 24. Assignment. The license granted by this Agreement is personal to Licensee. Licensee shall not have the right to assign its rights to any other entities under this Agreement except upon the prior written consent of Licensor. Any attempt to assign the license granted by this Agreement without the prior written consent of Licensor may, in the sole discretion of the Licensor, result in the immediate termination of this Agreement. Section 25. Written Agreement as Entire Understanding „Wof Parties. This Agreement embodies the entire understanding of the Parties, and there are no further or other agreements or understandings, written or oral, in effect between the Parties, relating to the grant of this revocable 6 L:\ca\djmlAgreements\SB County License Agreement ALPR cameras installation.docxin license. This Agreement may be amended or modified only by a written instrument signed by the Parties. Section 26. Attorneys' Fees and Cost. If any legal action is instituted to enforce any Party's rights hereunder, each Party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third -party legal action against a Party hereto and payable under Indemnification and Insurance Requirements. Section 27. Choice of Law. This Agreement shall be governed by and construed according to the laws of the State of California. Section 28. Legality and Severability. The Parties' actions under this Agreement shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Agreement are specifically made severable. If a provision of this Agreement is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect. [Signatures on following page] 7 L:1ca\djmlAgreements\SB County License Agreement ALPR cameras installation.docx.jn COUNTY OF SAN B AR 1► - Curt Hagman, Chairman, Board ofSupervisors Dated: JAN 2 8 2020 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD �6t��ernardino L y nna Monell )f tpervisors Co Jrt tRi)jti'C� FOR COUNTY USE ONLY Approved as to Legal Form Date , T(n , I 1 w 4 W?'V Date CITY OF REDLANDS By (Authorized signature-- sign in blue ink) Name Paul W. Foster (Print or type name of person signing contract) Title Mayor Dated: I I IG119 Address ATTEST: (Print or Type) Je Donaldson, City Clerk pliance t f t-hk Brendan Biggs Reviewed/Approved by Department Date (^ ?- _ a0a0 8 L:IcaldjnAAgreementslSB County License Agreement ALPR cameras installation.doex.jo EXHIBIT A L:Icaldjm\Agreements\SS County License Agreement ALPR cameras installation.docx.jn Li Q 0 ryclry� LL Z De uj z Q rV J CL N) a 11 LAca1djrn%Agreements\SB County License Agreement ALPR cameras installation.ducx.jn ,iAl N L: