Loading...
HomeMy WebLinkAboutC-2718 - Communication Equipment MaintenanceCITY OF NEWPORT BEACH OF*14) F THE CITY CLERK P.O. BOX 176 PORT BEACH, CA 92658 -8915 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: November 21, 1988 SUBJECT: Contract No. C -2718 Description of Contract Agreement for Communication Equipment Maintenance. Effective date of Contract August 29, 1988 Authorized by Minute Action, approved on August 22, 1988 Contract with GSA /Management Services Address County of Orange 14 Civic Center Plaza First Floor Santa Ana CA 92701 -4047 Amount of Contract " Ce - Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E COANICATIONS AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH C -Z71X THIS AGREEMENT made and entered into by and between the County of Orange, a body politic and corporate, hereinafter designated as "COUNTY," and the City of Newport Beach, a municipal corporation located within the County of Orange, hereinafter designated as "CITY." RECITALS: WHEREAS, COUNTY provides communication systems and equipment maintenance, repair, training, coordination and engineering services; and WHEREAS, CITY desires to utilize these services; and WHEREAS, COUNTY controls, manages, coordinates and operates the County Coordinated Communications Systems for Fire Services, Law Enforcement, Public Works, Administration and Special Emergency Services; and WHEREAS, the County Coordinated Communications Systems consist of System Backbone and System Field Equipment defined by this Agreement, herein referred to as SYSTEM BACKBONE and FIELD EQUIPMENT, respectively; and WHEREAS, CITY utilizes one or more of these systems; and WHEREAS, COUNTY and CITY desire to identify comnunication.systems maintenance, repair, training, and engineering services responsibilities of COUNTY and CITY, and COUNTY charges for specified services; NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereto, hereafter contained, it is mutually agreed by and between the parties as follows: 1. CITY agrees to participate in this Agreement and further agrees to maintain and use all CITY -owned equipment that is associated or interfaces with SYSTEM(S) BACKBONE at and in accordance with Federal Communications Commission (FCC) and California Public Utilities Commission standards and policies in order to enable COUNTY to operate the County Coordinated Communications Systems, to prevent violations and to protect integrity of the County Coordinated Communications Systems. JK•nd:cv 1423w -1 8 -1 -88 COMMUNICATIONS AGREEMENT Page 2 1 2. CITY agrees not to apply to the FCC for individual authority or license to 2 operate a base station or mobile transmitter operating on SYSTEM(S) BACKBONE. 3 3. COUNTY agrees to assist CITY to apply for FCC authority or license to operate a base station or mobile transmitter not associated with SYSTEM(S) BACKBONE. 4 4. CITY agrees to maintain a current inventory of all communications and any 5 other equipment maintained by COUNTY and /or associated with the COUNTY Coordinated Communications Systems. CITY also agrees to update this listing as equipment is 6 acquired or at least every six (6) months on COUNTY provided form. List will include and designate: 7 (a) Existing equipment. 8 (b) Equipment acquisitions (leased or owned). 9 (c) Equipment either disposed of or no longer used within the systems. 10 (d) Equipment acquisition date and warranty information. 11 5. CITY agrees that COUNTY is, and shall at all times be deemed to be an 12 independent contractor that is wholly responsible for the manner it performs services required by this Agreement. 13 (a) COUNTY, its agents and employees will not be entitled to any rights or 14 privileges of CITY employees. 15 (b) COUNTY assumes exclusively the responsibility for'the acts of its employees or agents as they relate to services provided during the course and scope of 16 their employment. 17 (c) Nothing herein contained will be construed as creating relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of 18 COUNTY's agents or employees. 19 6. CITY agrees to pay COUNTY, in accordance with the terms set forth in Appendix 3, for the following services: 20 (a) Maintenance, repair and /or installation /removal of CITY -owned equipment 21 as specified in Appendix 1. Services set forth in Appendix 1 of this Agreement shall 22 be reviewed annually. (b) Subcontract maintenance /repair /installation pass through costs necessary 23 to repair or install specified equipment that cannot be performed by COUNTY staff. 24 7. COUNTY agrees to warrant COUNTY installation, labor and materials to thirty (30) days after completion of each service without additional charge. However, if 25 manufacturer of the materials serviced by COUNTY provides additional warranties, COUNTY's obligation to CITY is limited to returning the materials to manufacturer at 26 CITY's expense. The decision of any warranty liability in these cases rests with 27 manufacturer. JK:nd:cv 28 1423w -2 8 -1 -88 COMMUNICATIONS AGREEMENT Page 3 1 8. COUNTY agrees to warrant all parts used in repair of radio equipment for 2 proper installation and to be free from defect in materials and workmanship for 30 days from date of repair. 3 (a) Warranty applies only to parts actually installed in equipment and work 4 of COUNTY technicians directly associated therewith and is not a warranty relating to the general operation of the equipment. 5 (b) Service under this warranty will be performed at the original point of 6 repair. 7 9. CITY agrees that if it has a proper claim for warranty specified in clauses 7 and 8, CITY must contact COUNTY. Upon inspection by COUNTY: 8 (a) If COUNTY agrees malfunction is related to previous repair service, 9 COUNTY will repair equipment /material in question and return it to service without charge. 10 (h) If COUNTY disagrees malfunction is related to previous repair service, 11 COUNTY will contact CITY for further repair instructions before proceeding on CITY's behalf. 12 10. COUNTY agrees to provide the following services at no cost: 13 (a) Coordinated Communications Systems BACKBONE maintenance and repair 14 including vendor subcontracts. 15 (b) Ongoing en sneering support for current SYSTEM(S) BACKBONE and for 16 new /replacement SYSTEM(S� BACKBONE. (c) Engineering support including assistance to outside consultants in the 17 development of stand -alone systems. 18 (d) COUNTY Coordinated Communications Center (Operations Unit) staff support 19 and ongoing operational training support for existing SYSTEM(S) BACKBONE. 11. COUNTY agrees to provide a fixed location where vehicles and equipment can be 20 brought in for service. 21 12. COUNTY agrees to provide field technicians for required field service. 22 13. COUNTY will not generally provide services for equipment listed in Appendix 2. If these services become available, all charges for services specified in Appendix 23 2 shall be borne by the CITY at the rates specified in Appendix 3. 24 14. Services set forth in Appendix 2 of this Agreement shall be reviewed annually. 25 15. (a) "SYSTEM BACKBONE" means that portion of the radio communications system 26 that provides the means by which dispatch centers, fire and police stations, public works units, mobile radios, portable radios, pagers, mobile data terminals and other 27 JK:nd:cv 1423w -3 8 -1 -88 COMMUNICATIONS AGREEMENT Page 4 1 communications equipment communicate with each other and is composed of mobile relay 2 equipment, microwave equipment, and associated control equipment (e.g., remote base stations, portable repeaters if collectively owned, the trunking control system on the 3 new fire communications system, microwave alarm systems, etc.). It includes those systems created to support a coordinated approach to communications such as the law, 4 paramedic, fire and public works systems. 5 (b) "SYSTEM BACKBONE EQUIPMENT" is COUNTY -owned or cooperatively purchased equipment in possession or control of the COUNTY General Services Agency that is 6 located on COUNTY -owned or leased sites or other officially designated sites and serves one or more users. 7 (c) "SYSTEM FIELD EQUIPMENT" means that portion of the system that uses the 8 SYSTEM BACKBONE for communications and consists of dispatch centers, fire and police stations, public works units, mobile radios, portable radios, pagers, mobile data 9 terminals, computer -aided dispatch equipment and any other equipment that cannot operate independent of the SYSTEM BACKBONE. SYSTEM FIELD EQUIPMENT is purchased by, 10 in possession of, and owned by the individual users. 11 16. Nothing in this Agreement shall authorize or be construed as requiring COUNTY to install or maintain any equipment of any kind in vehicles, buildings, or premises 12 not owned by or under lease to the CITY and under full -time control of CITY. 13 17. It is agreed that all charges for services specified in Appendix I shall be 14 borne by the CITY at the rates specified in Appendix 3 for the following services: 0 Maintenance Services 15 O Installation Services o Training Services for New Technologies (To Be Negotiated) 16 O Parts 17 18. CITY agrees to pay COUNTY for the services specified in Clause 17 based upon 18 detailed invoices submitted by the COUNTY. 19. Service charges set forth in Appendix 3 of this Agreement shall be reviewed 19 at least annually by the County. Thirty day notice shall be given to CITY if any rate adjustments are to be made. 20 20. The COUNTY shall not, except in an emergency, be required to perform any of 21 the services herein agreed to be performed by COUNTY on Saturdays, Sundays, legal holidays, or before 8:00 a.m. or after 4:30 p.m. Emergency call back services 22 performed during these periods on equipment specified in Appendix 1 will require 23 charges for a four (4) hour minimum call back period. 21. Invoices shall be rendered monthly by COUNTY to CITY and CITY agrees to pay 24 COUNTY within thirty (30) days after each billing. 25 22. This Agreement, effective November 1, 1988, supersedes all previous agreements and will be in effect until further notice. Either party may terminate 26 this Agreement, in whole or in part, at any time on ninety (90) days notice in writing 27 to other party of its election to terminate the same. JK:nd:cv 28 1423w -4 8 -1 -88 COMMUNICATIONS AGREEMENT Page 5 1 23. With cause, COUNTY reserves the right to terminate this Agreement 2 immediately, effective as soon as written notification of the termination is given to CITY by COUNTY. Cause may include non - payment of billings. 3 24. CITY and COUNTY agree that this Agreement does not include any rights of 4 access to the COUNTY facilities by CITY unless specifically approved by COUNTY. 5 25. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by 6 COUNTY under or in connection with work, authority, or jurisdiction delegated to COUNTY under this Agreement. 7 It is also understood and agreed that pursuant to Government Code Section 8 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason or 9 anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. 10 26. Neither COUNTY nor any officer or employee thereof shall be responsible for 11 any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with work, authority, or jurisdiction delegated to CITY 12 under this Agreement. 13 It is also understood and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed 14 for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, 15 authority, or jurisdiction delegated to COUNTY under this Agreement. 16 17 18 19 20 21 22 23 24 25 26 27 JK:nd:cv 1423w -5 8 -1 -88 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 COMMUNICATIONS AGREEMENT Page 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, upon the dates set forth opposite their respective signatures. Date: OCT 2 l- 14RR ,1988 COUNTY OF ORANGE BY W Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. i ` .• , 1988 ATTEST: APPROVED AS TO FORM: Adrian Kuyper, County Counsel Orange County, California JK•nd:cv 1423w -6 8 -1 -88 s - N .. By PROVAL RECOMMENDED: APPROVED AS TO FORM: BY City Attorney i 0 APPENDIX 1 COUNTY OF ORANGE COMMUNICATIONS AGREEMENT EQUIPMENT SERVICES PROVIDED The COUNTY will generally provide installation, removal, maintenance and repair services on the following types of CITY -owned equipment:* Mobile radios Portable radios and chargers Base stations Remote control and dispatch consoles Microwave systems Mobile data equipment *The COUNTY does not have the resources to properly maintain every manufacture or model, 141U1 v 7 -29-88 0 0 APPENDIX 2 COUNTY OF ORANGE COMMUNICATIONS AGREEMENT EQUIPMENT SERVICES NOT PROVIDED The COUNTY will not generally provide installation, removal, maintenance, or repair services on the following types of CITY -owned equipment:* Radar equipment Pagers and chargers Cellular telephones Automatic vehicle location (AVL) equipment Video /closed circuit TV equipment Computers AM /FM radios Scanners Citizen band radios Sound systems amplifiers Vehicle charging systems including batteries Light bars *The COUNTY currently does not have the resources necessary to support this equipment in a cost effective manner. JK• nd:CV 1424w -2 7 -29-88 APPENDIX 3 COUNTY OF ORANGE COMMUNICATIONS AGREEMENT MAINTENANCE, INSTALLATION AND TRAINING RATES The following time and materials rates will be charged for services provided by the COUNTY: o Maintenance Services o Installation Services o New Technology Training Services Parts JK• nd:cv 1424w -3 7 -29-88 $35.60/hr. $29.06/hr. $30.18 /hr. Cost TO: FROM: SUBJECT: ACTION: • Council Meeting Anda Item No. F -3(d) CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER AUGUST 22, 1988 MAYOR & CITY COUNCIL EXECUTIVE ASSISTANT COMMUNICATION EQUIPMENT MAINTENANCE BY THE CITY COUNCIL CITY OF NEWPORT BEACH t l "1 C -Z�7/,f Authorize Mayor and City Clerk to execute contract with the County of Orange to maintain the City's mobile communication equipment. BACKGROUND: In April, 1988, the City learned that the County would be changing its fee structure for servicing communication equipment. In the past, the County charged a fixed fee of $15 per year per radio. These charges were carried in each depart- ment's budget. Beginning November 1, 1988, the County will begin billing on an actual cost basis. The fees, and additional background, are provided on the attachments. The costs of this change are somewhat uncertain. The Police Department, which is the highest volume user of the services, anticipated additional costs in the approved 1988 -89 budget. Other departments with fewer radios and inventory maintenance requirements will monitor costs and process budget amendments if and when needed. l L KENNETH DELINO a Ah August 2, 1988 Y OF Robert Lee Wynn City Manager City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 Dear Mr. Wynn: N G E GENERAL SERVICES AGENCY 10 R. A. SCOTT DIRECTOR 14 CIVIC CENTER PLAZA, FIRST FLOOR SANTA ANA, CA 92701 4007 TELEPHONE: (710) 800 -5500 RECEIVED AUG 31988w- City Manager City of Newport Beach i The General Services Agency recently completed a study of both the operation and financing of the GSA /Communications Division which was reviewed and commented on by the City Managers' Association and League of Cities. The study determined that operational improvements and the establishment of user fees were necessary to assure continued quality services. Based on this study, the Orange County Board of Supervisors approved the establishment of user fees for the maintenance, installation and repair of both city and County -owned communications equipment on April 27, 1988. On this same date, letters were mailed to each of you indicating that all prior city communications agreements with the County would be terminated effective October 31, 1988, with new agreements and rates effective November 1, 1988. The attached is the new agreement. In addition to the agreement, we have also provided a summary of the terms and conditions of this agreement. Please note that this a reement does not re uire ou to use GSA/Communications Division maintenance, costa a ion or re air services. It on y e fines What services will a available through he Division, rates will be charged for these services, and what the expectations will be of the users in terms of FCC compliance requirements and utilization of Division services. This agreement replaces any prior city agreements with the County for communications services, including public safety and public works. We have been advised by County Counsel that if a city fails to sign the new Communications Agreement, the County will be unable to provide maintenance, installation or repair services to that city after October 31, 1988. 9 August 2, 1988 Page 2 0 Please review and sign the attached agreement and return the original signed copy by September 23, 1988 to: // Susan Cosgriffe J GSA /Management Services 14 Civic Center Plaza, First Floor Santa Ana, CA 92701 -4047 Any questions regarding these agreements may be directed to either Ellen Gordon, Manager, GSA /Systems and Management Services (834 -5167) or Susan Cosgriffe, Senior Staff Analyst, GSA /Management Services (834- 5286). Both Ellen and Susan are also available to meet with you or your designated staff upon request. Sincerely, R. A. Scott, Director General Services Agency SC:ch Attachments 3 0 0 SUMMARY OF COMMUNICATIONS AGREEMENT Under the attached Communications Agreement, the cities agree to: 1. Use and maintain all equipment that interfaces with the system backbone in accordance with FCC and California Public Utilities Commission standards. 2. Not apply to the FCC for individual authority or license to operate a base station or mobile transmitter operating on the system backbone. 3. Maintain a current inventory of all communications equipment with updates provided every six months on a County - provided form. 4. Pay the County on a time and materials charge basis for the maintenance, repair and /or installation /removal of user -owned equipment identified in Appendix 1 and any pass through costs for subcontract work. The same holds for Appendix 2 services if they become available. 5. Pay the County according to rates identified in Appendix 3 and based on detailed invoices, with payment due within 30 days of billing. 6. Provide 90 day notice to the County of agreement termination. Under the attached Communications Agreement, the County agrees to: 1. Provide communications systems and equipment maintenance, repair, training, coordination and engineering services. 2. Control, manage, coordinate and operate the County Coordinated Communications Systems for Fire Services, Law Enforcement, Public Works, Administration and Special Emergency Services. 3. Assist users to apply to the FCC for individual authority or license to operate a base station or mobile transmitter not associated with system backbone. 4. Operate as an independent contractor with responsibility for the acts of its employees as they relate to services provided during scope of employment. 5. Maintain, repair, and or install /remove equipment as identified in Appendix 1 and charge users on a time and materials basis according to rates provided in Appendix 3. Vendor pass through costs will also be charged. 6. Warrant County installation, labor and materials for 30 days after completion of each service without additional charge. (See restrictions under #'s 7, 8 and 9 of the Communications Agreement.) SC:ch:cv 1422w -1 7 -29 -88 N • • 7. Provide system backbone maintenance; ongoing engineering support for current systems and development of new /replacement systems; engineering support to consultants; and Coordinated Communications Center (Operations Unit) staff and ongoing training support at no cost. Charges may be assessed for new technology training at rates identified in Appendix 3. 8. Provide fixed service location and field technicians as needed between the hours of 8 :00 a.m. and 4 :30 p.m., Monday through Friday (except on County- recognized holidays), unless emergency services are required on a call -back basis, for which there will be a minimum four hour call -back charge. 9. Provide thirty -day notice if any rate adjustments are to be made and 90 -day notice if agreement is to be terminated. With cause, the County can terminate this agreement immediately, effective upon written notification of termination to the city. Cause may include non - payment of billings. 10. Render detailed invoices on a monthly basis. SC:ch:cv 1422w -2 7 -29 -88 5 -2- November 18, 1988 0 0 County of Orange GENERAL SERVICES AGENCY 14 Crvlc Center Plaza, First Floor Santa Ana, California 92701 -4047 (714) 834 -5500 Wanda E. Raggio City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 R. A- SCOTT, Director General Services Agency ROBERT G. LOVE, Deputy Onactor General Services Agency rr Enclosed is a fully executed copy of the new communications agreement between the County of Orange and your city. The Orange County Board of Supervisors authorized the execution of this agreement on October 25, 1988. This agreement became effective on November 1, 1988. Please call me at 834 -5286 if you have any questions. Thank you. Sincerely, a5.1., e�4�4-) Susan Cosgriffe, Senior Staff Analyst GSA /Management Services SC:nd 1322M -1 11 -17 -88 0 to CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 29, 1988 (714) 6443005 Susan Cosgriffe GSA /Management Services 14 Civic Center Plaza, First Floor Santa Ana, CA 92701 -4047 Dear Ms. Cosgriffe: Enclosed are two copies of Communications Agreement between the County of Orange and the City of Newport Beach, which was approved by the City Council on August 22, 1988. Following Approval by the Board of Supervisors, please return one copy to this office for our files. Sincerely, Wanda E. Raggi`o a City Clerk WER:pm Enclosure(s) 3300 Newport Boulevard, Newport Beach