HomeMy WebLinkAboutContracts & Agreements_79-2024THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
SAN BERNARDINO
COUNTY
Contract Number
ITD-24001
SAP Number
N/A
Innovation and Technology Department
Department Contract Representative Jeremiah Thomas
Telephone Number (909) 388-0641
Customer
Customer Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Redlands Fire Department (6000-00EH)
Reginald Brown
(909) 798-7600
7/1/2024 — 6/30/2029
Based on Actual Usage
N/A
Based on Actual Usage
Varies
JNFORMATION TECHNOLOGY SERVICE REVENUE CONTRACT
This CONTRACT is entered into in the State of Califomia by and between San Bernardino County, hereinafter
called, "County", and City of Redlands, by and on behalf of the Redlands Fire Department, hereinafter called
"Customer".
Name
City of
Redlands/Redlands
Fire Department
Address
35 Caion St Suite 12
Redlands, CA 92373
Telephone
(909) 798-7600
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
Standard Contract Page 1 of 14
A. CONTRACTED SERVICES (Select all that apply):
® General ITD Services (Attachment A)
Defined as all services contained in Attachment A "ITD Rate Sheet — Extemal Customers" with
exception to Public Safety Communication Services.
• Public Safety Communications Services (Attachment B)
Defined under Public Safety Communication Services in Attachment B "ITD Rate Sheet — External
Customers".
❑ Wide Area Network (WAN) Services (Attachment C)
Defined in Attachment C "Wide Area Network Services".
B. PROVISION OF SERVICES
This is the County standard revenue contract to provide information technology services, hereinafter,
"Services," to Customer by the County Innovation and Technology Department, hereinafter, "ITD".
Customer understands that County may elect to have other vendors provide similar professional services
under other contracts.
All Services available under this Contract are listed in full in the Attachments and are detailed by Service
name, Service description, rate, and charge measurement as applicable and as identified in the
Attachments.
Services are initiated at Customer's request, subject to ITD's acceptance, and consist of the following
types of charges, as further set forth in the Attachments:
B.1 Per item; one-time charge as requested.
B.2 Per month; per unit charge ongoing until Customer submits a request to cancel.
B.3 Per hour; per work order, project, or quote.
C. CUSTOMER RESPONSIBILITIES
Customer will:
C.1 Determine the Services needed, including any adjustments to ongoing Services.
C.2 Initiate or cancel any Services via submission of a Help Desk Ticket. Contact County Help Desk
by calling: 909-884-4884 or isdhelpdeskisd.sbcounty.cac (email for non -urgent requests only).
C.3 Promptly inform County, in writing, of any pending changes in programs/funding applicable to
Services provided herein.
D. COUNTY RESPONSIBILITIES
County will:
D.1 Provide the Services requested by Customer, subject to ITD's approval, and in accordance with
established work schedules and County Board of Supervisor (Board) approved service rates in
effect at the time Service is provided.
D.2 Perform the Services in a workmanlike manner, but County assumes no liability for failure to
provide or delay in providing Services under this Contract.
D.3 Furnish the necessary equipment and personnel to perform the Services, but County assumes
no liability for equipment failure or adverse consequences cause by such failed equipment.
E. GENERAL CONTRACT REQUIREMENTS
E.1 Contract Amendments
Both parties agree that any alterations, variations, modifications, or waivers of the provisions of
the Contract, shall be valid only when reduced to writing, executed by both parties, and attached
to the original Contract and approved by the person(s) authorized to do so on behalf of Customer
and County.
E.2 Contract Assignability
Revised 1/10/23 Page 2 of 8
Without the prior written consent of the County, the Contract is not assignable by Customer either
in whole or in part.
E.3 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.
E.4 Attorney's Fees and Costs
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its
own costs and attomey 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.
E.5 Change of Address
Customer shall notify the County, in writing, of any change in mailing address within ten (10)
business days of the change.
E.6 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
E.7 Confidentiality
To the extent applicable, if Customer is a business that collects the personal information of a
consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the
provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).
For purposes of this provision, "business," "consumer," and "personal information" shall have the
same meanings as set forth at Civil Code section 1798.140. Customer must contact the County
immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that
requires any action on the part of the County, including but not limited to, providing a list of
disclosures or deleting personal information. Customer must not sell, market or otherwise disclose
personal information of a consumer provided by the County unless specifically authorized
pursuant to terms of this Contract. Customer must immediately provide to the County any notice
provided by a consumer to Customer pursuant to Civil Code section 1798.150(b) alleging a
violation of the CCPA, that involves personal information received or maintained pursuant to this
Contract. Customer must immediately notify the County if it receives a notice of violation from the
California Attorney General pursuant to Civil Code section 1798.155(b).
To the extent permitted by law, Customer shall hold as confidential and use reasonable care to
prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third
parties of, confidential information that is either: (1) provided by the County to Customer or an agent
of Customer or otherwise made available to Customer or Customer's agent in connection with this
Contract; or, (2) information and/or data acquired, obtained, or learned by Customer or an agent of
Customer regarding this Contract.
For the purposes of this provision and consistent with California Civil Code Section 1798.29,
personal identifying information (PII), is any information that can be used to distinguish or trace an
individual's identity, for example, any combination of name, social security number, date and place
of birth, mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment information.
E.8 Primary Point of Contact
Customer will designate an individual to serve as the primary point of contact for the Contract.
Customer shall not change the primary contact without prior written notice to the County.
Customer will also designate a back-up point of contact in the event the primary contact is not
available.
E.9 Contract Authorization
Customer warrants and represents that the individual signing this Contract is a properly
authorized representative of the Customer and has the full power and authority to enter into this
Contract on the Customer's behalf.
Revised 1/10/23 Page 3 of 8
E.10 County Representative
The County Chief Information Officer or his/her designee shall represent the County in all matters
pertaining to the Services to be rendered under this Contract, including termination and
assignment of this Contract, and shall be the final authority in all matters pertaining to the
Services/Scope of Work by County.
E.11 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the
benefit of the heirs, executors, administrators, successors, and assigns of the respective parties,
provided no such assignment is made in violation of the provisions of this Contract.
E.12 Legality and Severability
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations,
court orders and governmental agency orders. The provisions of this Contract are specifically
made severable. If a provision of the Contract is terminated or held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
full effect.
E.13 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to
exercise all discretion and rights granted hereunder, and to give all consents in a reasonable
manner consistent with the standards of "good faith" and "fair dealing".
E.14 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or
employment arrangement between the parties hereto, nor shall either party have the right, power
or authority to create an obligation or duty, expressed or implied, on behalf of the other Party
hereto.
E.15 Release of Information
No news releases, advertisements, public announcements, or photographs arising out of the
performance of the Contract or Customer's relationship with County may be made or used without
prior written approval of the County, as applicable.
E.16 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by
the other party, or the failure by a party to exercise its rights upon the default of the other party,
shall not constitute a waiver of such party's right to insist and demand strict compliance by the
other party with the terms of this Contract thereafter.
E.17 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way
conceming the Services provided under this Contract is served upon Customer or County, such party
agrees to notify the other party in the most expeditious fashion possible following receipt of such
subpoena or other legal process. Customer and County further agree to cooperate with the other
party in any lawful effort by such other party to contest the legal validity of such subpoena or other
legal process commenced by a third party as may be reasonably required and at the expense of the
party to whom the legal process is directed.
E.18 Termination for Convenience
The County and the Customer each reserve the right to terminate the Contract, for any reason, with
a thirty (30) day written notice of termination. Such termination may include all or part of the Services
provided hereunder. Upon such termination, payment will be made to the County for Services
rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of
termination notice County shall promptly discontinue Services unless the notice directs otherwise.
E.19 Contract Exclusivity
This is not an exclusive Contract. Customer reserves the right to enter into a contract with other
contractors for the same or similar services. The Customer does not guarantee or represent that
Revised 1/10/23 Page 4 of 8
the County will be permitted to perform any minimum amount of work, or receive compensation
other than on a per order basis, under the terms of this Contract.
E.20 Information Dispute Resolution
In the event the Customer determines that Service in unsatisfactory, or in the event of any other
dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof,
the parties hereto shall use their best effortsto settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith, and recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
E.21 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be
performed in San Bemardino County, California. The parties agree that the venue of any action
or claim brought by any party to this Contract will be the Superior Court of California, San
Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the
court which would allow them to request or demand a change of venue. If any action or clam
conceming this Contract is brought by any third party and filed in another venue, the parties hereto
agree to use their best efforts to obtain a change of venue to the Superior Court of California, San
Bernardino County, and San Bemardino District.
F. TERM OF CONTRACT
This Contract is effective as of July 1, 2024 (Effective Date) and remains in effect for a period of five (5)
years, unless terminated earlier in accordance with provisions of this Contract.
G. TERMINATION OR SUSPENSION OF SERVICES
G.1 Immediate Suspension, Uncured Termination
The County may, in its sole discretion and without prior notice, immediately suspend all or part of
the Services for breach of any of the conditions identified below. The County will provide Customer
a written notice of breach and allow the Customer 30 days to correct the condition giving rise to
such breach. If the Customer fails to remedy the breach within the 30-day cure period, the County
may immediately terminate the Services with no further notice required.
G.1.1 Customer shall comply with all applicable laws, statutes, ordinances, administrative orders,
rules or regulations relating to its duties, obligations and performance under the terms of the
Contract. Customer shall ensure that it has all necessary licenses and permits required I '
the laws of the United States, State of California, County, and all other appropriate
governmental agencies, and agrees to maintain these licenses and permits in effect for the
duration of the Agreement. Customer shall notify County immediately of loss or suspension
of any such required licenses and permits.
G.1.2 Customer represents and warrants to County that (i) the information Customer provides in
connection with registration for the Services is accurate and complete; (ii) Customer's use
of the System is not illegal, defamatory, malicious, harmful, or discriminatory based on
race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Customer's use cf
the Services complies with all applicable laws, rules and regulations; (iv) Customer has
obtained all consents and licenses required to legally access and use the System; (v) the
execution and delivery of this Agreement will not conflict with, or violate any provision of,
Customer's charter, by-laws or other goveming documents; and (vi) Customer has
otherwise taken all necessary steps to legally execute this Agreement.
G.1.3 Customer agrees to abide by all existing and future security practices, policies and
protocols established by the County, which the County has established to ensure the
integrity of the System. Customer understands that the County closely monitors the
System and may perform periodic security audits to provide insight into any potential
abnormalities that may impact ensuring confidentiality, integrity, and availability.
G.1.4 Customer agrees to implement measures that are reasonable for Customer's use of the
System to prevent interference with the operation of the System. NEITHER COUNTY
Revised 1/10/23 Page 5 of 8
NOR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE
SUPPLIERS OR LICENSORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO,
MISUSE OF, CUSTOMER'S INABILITY TO ACCESS, OR DAMAGE TO THE SYSTEM
OR CUSTOMER'S FIELD EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY
COUNTY'S NEGLIGENCE OR INTENTIONAL MISCONDUCT, UNLESS AND ONLY TO
THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW.
G.2 Immediate Termination
The County may, in its sole discretion and without prior notice, immediately suspend or terminate
all or part of the Services for any of the conditions identified below. The County will promptly
provide Customer a written notice of termination or suspension of Services to Customer.
G.2.1 County discovers that Customer provided false registration information, or that Customer
lacked the capacity to enter into this Agreement at the time of its consummation;
G.2.2 County determines, in its sole discretion, that Customer's use of the Services poses a
threat or an adverse effect to the security, privacy, or performance of the System or to any
of County's other users or suppliers;
G.2.3 County determines, in its sole discretion, that Customer's use of the Services is illegal;
G.2.4 County reasonably believes that Customer's use of the Services has or will subject County
to civil or criminal liability;
G.2.5 Customer fails to make any payment when due; or
G.2.6 Customer breaches any of the other material terms and conditions in this Agreement.
H. FISCAL PROVISIONS
H.1 The maximum amount of reimbursement under this Contract shall not exceed $100,000.
H.2 Services are charged equitably to all customers in accordancewith State Controller's Handbook
of Cost Plan Procedures for California Counties.
H.3 Charges will be based on actual usage at the rates effective at the time Services are rendered
(see AttachmentA "ITD Rate Sheet — Extemal Customers" and AttachmentC "Wide Area Network
Services", if applicable). Rates are reviewed and subject to change annually based on the cost
to provide services to Customers and are effective July 1st of each year. Rates are also subject
to change throughout the year via a mid -year rate change, if deemed appropriate based on the
cost to provide services to Customers being significantly higher or lower than anticipated during
the annual review. County will not amend this Contract due to rate changes or changes in usage
amounts by Customer. Attachment A includes the list of County service rates effective at the time
this Contract is entered into. County will attempt to provide at least thirty (30) days advance
written notice of any rate change, which will be sent to Customer at the following address:
Rialto Fire Department
ATTN: Kevin Stapleton, Battalion Chief
131 S Willow Ave Rialto, CA 92376
H.4 Services will be billed on a monthly basis for actual expenses incurred and claimed by ITD for the
preceding month.
H.4.1 For Customers that use the County's Enterprise Financial Management System:
Monthly charges will be handled by an automated transfer processed by ITD via the
County's Enterprise Financial Management System. A copy of the billing statement can
be accessed via the ITD Billing System by Customer, provided that Customer has the
necessary permission on the County's network.
H.4.2 For Customers that do not use the County's Enterprise Finance Management System:
Revised 1/10/23 Page 6 of 8
County will mail an invoice on a monthly basis starting on the Effective Date of this
Contract, or starting on the installation or implementation date, if applicable. Payment shall
be due sixty (60) days from date of invoice.
Payment can be made by check or electronic funds transfer (EFT). Checks shall be made
payable to San Bernardino County. Customers requesting to make payments to County
via electronic funds transfer (EFT) directly deposited into the County's designated bank
account shall provide County with instructions to process EFT payments.
Payment address is:
Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services
DEFAULT
If the Customer does not make timely payment of amounts due under this Contract or breaches any term
or condition of this Contract, County may declare immediately due and payable the entire unpaid amount,
plus all other amounts due hereunder, less any uneamed charges.
J. INDEMNIFICATION
The County agrees to defend and indemnify the Customer and its authorized officers, employees, agents
and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely out of the
acts, errors or omissions of County in the performance of this Agreement, except where such
indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense
in the defense of any claim, action or proceeding, but such participation shall not relieve County of any
obligation imposed by this Contract. Customer shall notify County promptly of any claim, action or
proceeding and cooperate fully in the defense. Customer hereby agrees to defend and indemnify the
County, its agents, officers and employees from any claim, action, or proceeding against County, arising
solely out of the acts or omissions of Customer in the performance of this Agreement. At its sole
discretion, County may participate at its own expense in the defense of any such claim, action or
proceeding, but such participation shall not relieve Customer of any obligation imposed by this Contract.
County shall notify Customer promptly of any claim, action or proceeding and cooperate fully in the
defense. In the event that County and/or Customer are determined to be comparatively at fault for any
claim, action, loss or damage that results from their respective obligations under this Agreement, County
and/or Customer shall indemnify the other to the extent of its comparative fault.
K. INSURANCE
County is an authorized self -insured public entity for purposes of General Liability and warrants that
through its program of self-insurance, it has adequate coverage or resources to protect against liabilities
arising out of the performance of the terms, conditions or obligations of this Agreement.
L. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be
deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in
the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services
Redlands"Fire Department
35 Cajon St Suite 12
Redlands, CA 92373
Attn: Reginald Brown, Deputy Chief
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as
provided in this paragraph.
M. FORCE MAJEURE
Revised 1 /10/23 Page 7 of 8
Except for payment obligations and as otherwise provided herein, when either party has knowledge that
any actual or potential situation is delaying or threatens to delay the timely performance of this Contract,
that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with
respect thereto, to the other party. County shall not be held liable for any delay or failure in performance
of any part of this Contract 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.
N. ENTIRE AGREEMENT
This Contract, including all Attachments, which are attached hereto and incorporated by reference, and
other documents incorporated herein, represents the final, complete and exclusive agreement between
the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject
matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed
without reliance upon any promise, warranty or representation by any party or any representative of any
party other than those expressly contained herein. Each party has carefully read this Contract andsigns
the same of its own free will. This Contract may be executed in any number of counterparts, each of
which so executed shall be deemed to be an original, and such counterparts shall together constitute one
and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this
Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the
party whose name is contained therein. Each party providing an electronic signature agrees to promptly
execute and deliver to the other party an original signed Contract upon request.
IN WITNESS WHEREOF, San Bernardino County and Customer have each caused this Contract to be
subscribed by its respective duly authorized officers, on its behalf.
SAN BERNARDINO COUNTY
Lynn Fyhrlund (May 15, 2024 12:54 PDT)
Lynn Fyhrlund, Chief Information Officer
Dated: 05/15/24
FOR COUNTY USE ONLY
pproved as to Legal f ormy
► County Coytisel Bonnie Uphold, Supervising Deputy County Counsel
(Date S7/JpD a% yl
CITY OF REDLANNDS_
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Name Eddie Tejeda
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated: May 7, 2024
Address 35 Cajon Street
Redlands, CA 92373
ATTEST: , ,�{�y�yv,�-
ke nne Donaldson, City Clerk
Revised 1/10/23 Page 8 of 8
Service
ATTACHMENT A
ITD RATE SHEET — EXTERNAL CUSTOMERS
2023-24 Approved Rates
Service Description
Business Solutions Development
Business Solutions Labor
Services I
Hourly labor programming services for the development, enhancement and maintenance of business
solutions on a variety of hardware and software platforms.
Computer Operations
CPU Usage
Access to applications and processing of data on the enterprise server.
Network Labor Services
Hourly labor services for Local Area Network and Wi-Fi services. Includes labor services to connect a
location to the Wide Area Network (WAN) via the Internet and to connect a site to the County's WAN.
Customer Is responsible for all costs related to circuit installation, ongoing circuit charges, and office
cabling.
Payroll System Services (EMACS)
Maintenance, support, and enhancements of the EMACS system and infrastructure.
Virtual Private Network (VPN)
Access for a single user to remotely connect to the wide area network.
Geographic Information System
Aerial Imagery
Augments and enhances GIS data visualization tools, applications and solutions developed for County
departments and the public.
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access,
Maintenance, and Replacement
Repair, maintenance, programming, and replacement of Motorola radio dispatch console equipment.
Pager Access
Access for a single pager to connect to the County's Digital Paging System.
Radio Access and Maintenance
Access for a single radio connected to the County's Public Safety Radio frequencies and repair and
maintenance of that radio or radio's accessories, excluding batteries; covers normal wear and tear.
Radio Labor Services
Hourly labor services for installation and repair of radio and other related equipment in vehicles, not
including materials; or escort of other govemment agencies to County communication sites to access
their equipment.
Radio Mobile Data Access
Access and maintenance for radio modems in vehicles.
Telephone Services:
Dial Tone
Single line telephone services. Includes voicemail, local, long distance, Telephone Service Specialist
consulting services, and software changes.
Telecommunication Labor
Services — Normal Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services — Normal
Hours (Monday through Friday, 7:00 am — 5:00 pm, excluding weekends and holidays).
Telecommunication Labor
Services — After Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services — After Hours
(Monday through Friday, 5:00 pm — 7:00 am, and all weekends and holidays).
All Funds
Parts and Materials
Parts and Materials provided per customer request.
Service
2023-24 Rate Charge Measurement
I Business Solutions Development
Business Solutions Labor Services $128.21 Per hour
Computer Operations
CPU Usage
$99.63 '
Per CPU hour
Network Labor Services
$96.84
Per hour
Payroll System Services (EMACS)
$6.99 [Per payroll warrant
Virtual Private Network (VPN)
$3.46 I Per VPN/month
Geographic Information System
Aerial Imagery
Cost Pass Through
Per customer
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access, Maintenance, and Replacement
$639.48
Per console/month
Pager Access
$16.22
Per pager/month
Radio Access and Maintenance
$53.58
Per radio/month
Radio Labor Services
$88.97
Per hour
Radio Mobile Data Access
$103,58
Per modem/month
Telephone Services:
Dial Tone
$31.23
Per phone/month
Telecommunication Labor Services - Normal Hours
$95.56
Per hour
Telecommunication Labor Services — After Hours
$110.52
Per hour
All Funds
J
Parts and Materials
Actual cost plus 15%
processing and
handling
Per order
Page 1 of 1
ATTACHMENT B
PUBLIC SAFETY COMMUNICATIONS SERVICES
I. SERVICES UNDER THIS ATTACHMENT
This Attachment B is applicable for Public Safety Communications services which consist of the following
services as defined in Attachment A, "ITD Rate Sheet — External Customers", and as further defined within
this Attachment B:
Dispatch Console Access, Maintenance, and Replacement
Pager Access
Radio Access and Maintenance
Radio Labor Services
Radio Mobile Data Access
II. SAN BERNARDINO COUNTY PUBLIC SAFETY COMMUNICATIONS SYSTEM ACCESS
The San Bernardino County (County) Public Safety Communications System, hereinafter called "System",
is composed of two components known as the backbone and field equipment. The Backbone is defined
as a portion of the System that provides the means by which dispatch centers, public safety locations,
mobile radios, and portable radios communicate with each other through voice transmission. It is
composed primarily of fixed relay equipment and associated centralized dispatch and control equipment,
including Radio Mobile Data Access modems owned and maintained by the County. 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.
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. Secondarily, other governmental and safety
related non -governmental users may be allowed access to the System as conditions warrant and as
provided for by this Contract. During a disaster, public safety users will receive priority in all areas,
based entirely on emergency response responsibilities and access to the System by non-public safety
users may be limited or suspended.
b) Backbone Operational Policies
Public safety and local governmental users shall have operational priority over all other users. In the
case of a disaster, public safety users affected by the disaster shall have operational priority over all
other public safety users, with County public safety users afforded the highest priority.
County has the final authority, at all times, to exercise discretionary control over the Backbone, and to
otherwise manage Backbone traffic to ensure the ability of immediate -need public safety agencies to
effectively communicate and for the overall benefit of all Backbone users. EXCEPT FOR GROSSLY
NEGLIENT ACTS OR OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS SECTION, THE
COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM ALLOCATION DECISIONS.
c) Backbone Modification (Post Backbone Implementation)
(i) The County may determine that Backbone modification is needed from time to time to meet the
changing needs of County and/or users.
(ii) Costs for Backbone modifications made after the execution of this Agreement shall be assessed
as follows:
(a) If the modification benefits all users, each user will bear the pro rata cost of the modification
based on the user's derived benefit. Derived benefit shall be determined as a percentage
based on the number of units that are in service by each end user divided by the total units
being serviced by the Backbone infrastructure at the time the modification is made.
Page 1 of 4
(b) If the modification improves service only for users in a definable local area, all users in such
definable focal area, and participating in and receiving direct benefit from the modification, shall
share the costs for its implementation, operation, and maintenance equally.
(c) If the modification only applies to a specific subset of users, the subset of users that caused
the modification shall share the costs of the modification its implementation, operation, and
maintenance equally.
(d) if the modification is requested by, and benefits only Customer, Customer shall bear the entire
cost of the modification, its implementation, operation, and maintenance.
(iii) Customer acknowledges and agrees that the County is the sole decision -maker in determining the
allocation of costs for all Backbone modifications.
d) Field Equipment
(i) Customer shall, at Customer's expense and future financial liability, purchase and maintain its own
Field Equipment.
(ii) Customer shall, at Customer's expense, expand or modify existing Customer structures, facilities,
or dispatch centers as required to support the installation of Customer's Field Equipment.
(iii) Customer is solely responsible for ensuring that the Field Equipment is compatible with the
System.
e) Related Non -Governmental Users
(i) At times, Customer's non -governmental users 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, Customer's non-govemmental users
may be allowed to have Backbone access. However, Customer's 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.
(ii) 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 new users.
(iii) County shall monitor non-govemmental users of the Backbone. If the needs of public safety/local
government expand to the point of competition with non-govemmental use of the Backbone,
Customer's non -governmental users may be required by the County to terminate their use of the
Backbone.
(iv) Customer's non -governmental users will be removed in reverse order of their entry into the
System, i.e., the last user to enter the System will be the first user to be removed unless any other
Customer's non -governmental user voluntarily relinquishes access.
(v) County will provide Customer ninety (90) days prior written notice of termination of access to allow
Customer's non -governmental users to remove their equipment or transfer their operations to
another communications system. At the expiration of the notice period, the Customer's non-
governmental users will be denied access to the 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.
Page 2 of 4
III. PUBLIC SAFETY RADIO AND EQUIPMENT MAINTENANCE SERVICES
The County Innovation and Technology Department (ITD) offers a number of radio and equipment
maintenance services to public safety and local govemmental agencies in the County of San Bernardino, as
well as other governmental and safety -related non -governmental users. Services provided under this Contract
consist of Public Safety Radio, Backbone radio equipment maintenance, radio, mobile/portable radio
equipment maintenance, Mobile Data Access Modems maintenance, public safety radio dispatch equipment
maintenance, and radio battery replacement.
a) County Responsibilities in Providing Maintenance Services
If providing maintenance services to Customer, ITD:
(i) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from
service for maintenance reasons;
(ii) Will remove, reinstall, and maintain Customer -owned radios or other covered equipment that has
become defective from normal wear and usage, as solely determined by ITD, and perform repairs
at ITD or elsewhere as determined by ITD;
(iii) Will provide a two-hour response time from notification for problems with radio dispatch equipment
and Backbone radio equipment, and reasonable response time during normal County work hours
on normal County business days for maintenance of Mobile Data Access Modems, and
mobile/portable radios with afterhours service available at premium rates;
(iv) Reserves the right to subcontract for all or part of services;
(v) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by
such failed equipment;
(vi) Assumes no liability for failure to provide or delay in providing services, under thisAgreement.
b) County Services Provided on a Time and Materials Basis
(i) Service required due to Customer abuse or abnormalwear;
(ii) Service to correct attempts by Customer or unauthorized third parties to repair or modify
equipment;
(iii) Facility electrical problems at Customer location(s) or vehicle electrical problems;
(iv) Services in addition to those identified above, to the extent feasible and cost-effective, as
determined by ITD;
(v) Program or re -program radios at Customer's request or in response to abnormal wear and usage,
except for County -originated systems reconfigurations;
(vi) Replacement of accessories and consumable items, including batteries, antennas, and
microphone cords;
(vii)Radio reactivations are processed within 5 business days after the request is received and are
billed for each serial number reactivated at one-half of the Board -approved hourly rate in effect at
the time reactivation is ordered.
c) Customer Responsibilities
Customer shall procure its own Field Equipment and shall:
Page 3 of 4
(i) Provide ITD with model and serial numbers of all equipment to be covered under this Contract.
(ii) Designate an individual as the single point of contact for maintenance coordination.
(iii) Coordinate and schedule service requirements with ITD reasonably in advance whenever possible.
(iv) Advise ITD of all radio relocations or reassignments within their fleet, within 24-hours of relocation
or reassignment.
(v) Have sole responsibility to maintain a current inventory of its Field Equipment using the System
and to approve and validate billing of that inventory. Customer must notify LTD in writinawhen
any Field Eauiament is no Longer in use by Customer. including notification of damaaed,
Jost. or stolen Field Eauipment. ITD will continue to bill Customer until notification is
received. and Customer remains responsible for payment of charaes for such Field
,Eauinment, If Customer identifies discrepancies between billing and its inventory, a dispute notice
should be sent by e-mail to isdbillinq(a isd.sbcounty.gov along with a justification and related
documentation. If ITD determines that a charge was billed incorrectly, ITD will issue the applicable
credit on the next monthly billing cycle.
Page 4of4
CON-ITD-24001-(CC Signed) Redlands Fire
Radio Svcs
Final Audit Report
2024-05-15
Created: 2024-05-15
By: Wanda Molton (Wanda.Molton@itd.sbcounty.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAUoeNVH3ggQS6Jwb3ZUHZ39cvi_YFKnhI
"CON-ITD-24001-(CC Signed) Redlands Fire Radio Svcs" Histor
v
Document created by Wanda Molton (Wanda. Molton@itd.sbcounty.gov)
2024-05-15 - 5:35:40 PM GMT
Document emailed to Lynn Fyhrlund(Lynn.Fyhrlund@itd.sbcounty.gov) for signature
2024-05-15 - 5:35:45 PM GMT
Document e-signed by Lynn Fyhrlund (Lynn. Fyhrlund@itd.sbcounty.gov)
Signature Date: 2024-05-15 - 7:54:10 PM GMT - Time Source: server
Q Agreement completed.
2024-05-15 - 7:54:10 PM GMT
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