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
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Attachment
3300 Newport Boulevard, Newport Beach
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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.
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COMMUNICATIONS AGREEMENT
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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.
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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:
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(a) Existing equipment.
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(b) Equipment acquisitions (leased or owned).
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(c) Equipment either disposed of or no longer used within the systems.
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(d) Equipment acquisition date and warranty information.
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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.
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(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:
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(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.
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COMMUNICATIONS AGREEMENT
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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.
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(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.
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(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:
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(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.
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(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.
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10. COUNTY agrees to provide the following services at no cost:
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(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
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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
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COMMUNICATIONS AGREEMENT
Page 4
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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.
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(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.
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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.
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COMMUNICATIONS AGREEMENT
Page 5
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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.
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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.
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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.
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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.
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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
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By
PROVAL RECOMMENDED:
APPROVED AS TO FORM:
BY
City Attorney
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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,
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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.
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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
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$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
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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
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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.)
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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.
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November 18, 1988
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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
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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
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Enclosure(s)
3300 Newport Boulevard, Newport Beach