HomeMy WebLinkAboutC-3019 - Radio Systems Maintenance & Radio Equipment MaintenanceCITY O NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
tL
TO: 'FINANCE DIRECTOR 9� ZQ 5 fL
FROM: CITY CLERK
DATE: September 20, 1994
SUBJECT: Contract No. C -3019
Description of Contract Aereement for Radio System Maintenance
Effective date of Contract September 13. 1994
Authorized by Minute Action, approved on September 12, 1994
Contract with Richard B. Young
Address Cam un; cations Systems Services
1430 South Grand Avenue, Suite 337
Glendora, CA 91740
Amount of Contract _ (See A¢reement)
"94a6's
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
r I C -3o /J
SEP 1 7.1994 September 12, 1994
,
CITY COUNCIL AGENDA
ITEM NO. 15
TO: Mayor & Members of the City Council
FROM: Utilities Department & Police Department
SUBJECT: RADIO EQUIPMENT MAINTENANCE AGREEMENT
Police, 800 MHz Fire, Marine Safety & Public Works Band Radios
Communications Systems Services
RECOMMENDATIONS:
1. Approve an Agreement with Communications
Systems Services for maintenance of the City-
wide fixed and mobile radio equipment.
2. Authorize the Mayor and City Clerk to execute
the Agreement for maintenance and repair on
behalf of the City.
BACKGROUND & DISCUSSION:
There are thirteen internal departments providing a variety of
services to the City. Eight of the thirteen departments have fixed base or
mobile radio equipment that is used in the normal course of business.
For a number of years the City departments have maintained
radio equipment on an individual department basis. Accurately tracking
service costs, call -back work, and warrantee service has been complicated
and cumbersome. A variety of service vendors and contractors have been
used to affect equipment repairs. The vendors have had varying levels of
expertise and have provided a highly variable levels of service; some good;
some not so good.
For the last 24 months the City has been preparing for the
eventual conversion of its radio equipment to a modern, County-wide 800
megahertz band trunked radio system. In order to prepare sufficiently for
this eventual transition, the City has been forced to carefully inventory its
radio equipment. As a result of the review and inventory of the City's existing
radio equipment, several cost saving opportunities have come to light. There
are also a number of apparent opportunities to improve the level of response
and service quality to a number of the departments. This is proving to be
extremely important to the City because the existing equipment is aging and
becoming obsolete. Compounding this issue is the City's planned strategy of
replacing only failed or non - repairable equipment in anticipation of near -term
replacement and transition to a new 800 megahertz trunked radio system.
S 0
•
Page 2
City -wide Radio Maintenance Agreement
September 12, 1994
To address these issues the City Manager asked the Utilities
Department Telecommunications Division to work with the other departments
to improve service and reduce costs wherever possible and practical.
RADIO SYSTEM SPECIFICS:
In the eight City departments that use a radio communication
system, there are over 560 radio units. The vast majority of the City's radio
equipment is Motorola Brand equipment. Historically, Motorola radio
equipment has proven to be the most durable and reliable brand of equipment.
The City operates under licenses from the Federal
Communications Commission (FCC) to utilize separate frequencies for the Police
Band, the Marine Safety Band, the 800 MHz Net -6 Fire Band and the Public
Works Band. The City does not have the ability to communicate between these
different radio frequency bands.
The separate frequency bands require individual antennae or
broadcast repeaters. The equipment for these individual frequency bands do
not provide broadcast coverage for the other City frequency bands.
The most effective radio coverage is currently provided by the
Police Band and its multiple repeater antennae sites. On the other hand, the
Public Works Band radio coverage is often weak and sporadic in certain parts
of the City. In other areas, coverage is insufficient to send or receive any
radio communications at all.
CITY -WIDE MAINTENANCE SOLUTION:
To more effectively provide service to the City's various radio
equipment, staff reviewed the practicality of implementing a City-wide radio
maintenance and service contract from a licensed Motorola repair firm.
After several months of discussions with other agencies and a variety of
radio manufacturing and service representatives, staff formalized an
implementation plan to provide this type of City-wide service.
The Police Department and the Utilities Department staffs
worked closely to insure a high level of responsiveness and service for the
radio system.
The Police Department and the Utilities Department jointly
prepared a solicitation for receipt of competitive maintenance service price
quotations from several authorized Motorola equipment service companies.
A number of service proposals were received by the City and were reviewed
jointly by a Police and Utilities Department Task Force.
The lowest price quotation was received from
Communications Systems Services for a fixed price fee of $5,000 per
month to maintain the entire City radio system. Following a detailed
review of the proposed maintenance services to be provided by the vendor,
the City prepared a maintenance service contract agreement. The
agreement is attached as Exhibit "X.
Page 3
City -wide Radio Maintenance Agreement
September 12, 1994
KEY PROVISIONS OF PROPOSED AGREEMENT:
Key provisions to the proposed Agreement for radio system
and equipment maintenance include the following:
1. Vendor provides routine maintenance and repairs of all
fixed and mobile radio equipment owned by the City for
a fixed monthly fee of $5,000.
2. City provides a work shop space with, lighting, heat and
electricity for the vendor to perform on -site equipment
repairs of the radio equipment.
3. Vendor endeavors to maintain all radio equipment in
accord with prevailing industry standards and specific
methods prescribed by the equipment manufacturer.
4. Vendor agrees to repair all equipment damaged by
abuse, acts of God, fire, submergence in water and other
non - normal causes on a time and materials basis at
defined hourly shop and filed personnel rates.
5. Vendor provides the City proof of insurance coverage in
the amount of $1,000,000 and agrees to name the City
of Newport Beach as an additional insured on all
coverage policies.
6. Vendor agrees not to sub -let or sub - contract any of the
services required under the agreement.
7. Term of the agreement is one year from the date of
execution of the agreement by the City.
8. Mutual hold harmless provisions.
CONCLUSIONS & STAFF RECOMMENDATIONS:
Staff believes that the implementation of the City-wide
maintenance contract will reduce average costs related to radio
equipment maintenance by approximately $40,000 annually.
Additionally, staff believes that the level of service and timely
responsiveness for some of the City departments will significantly improve
compared to historic performance levels.
Based on the foregoing, staff' recommends approval of the
Agreement for radio system maintenance with Communications
Systems Services.
' �F STaNF�.RT
Jeff Staneart, P.E.
Utilities Director
Attachment: Agreement for Radio Maintenance
! • c -3 °/9
AGREEMENT
FOR
RADIO SYSTEM MAINTENANCE
RADIO EQUIPMENT MAINTENANCE
THIS AGREEMENT is made and entered into this I3=
day of
September, 1994, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Richard B. Young, dba, Communications Systems
Services, a Sole Proprietorship, hereinafter referred to as "CONTRACTOR ".
WIT NESSETII:
WHEREAS, "CITY" requires a significant amount of radio maintenance and
repair services for the City -wide radio communication network for all departments
including the Police, Fire, Marine Safety, General Services, Utilities, Public Works and
Finance Departments, and;
WHEREAS, "CITY" has sought the services of an equipment service contractor
authorized by Motorola, to perform maintenance on the City's radio equipment and
related systems, which is hereinafter referred to as "MAINTENANCE ", and;
WHEREAS, implementation of said "MAINTENANCE" requires the services
of an officially licensed Motorola manufacturer's representative who is trained in
maintaining such equipment, and:
WHEREAS, "CONTRACTOR" meets these requirements and is a Motorola
representative, and;
WHEREAS, "CITY" has solicited and received competitive bids from
"CONTRACTOR" for "MAINTENANCE" and to provide certain other essential
maintenance related services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and has evaluated
the expertise of "CONTRACTOR" and desires to accept the bid proposal submitted by
"CONTRACTOR ", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed
and understood that:
I. GENERAL
A. "CITY" engages "CONTRACTOR" to perform the described services for the
consideration hereinafter stated.
B. "CONTRACTOR" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONTRACTOR" agrees that all services required hereunder shall be
performed under his direct supervision, and all personnel engaged in the
work shall be fully qualified and shall be authorized by Motorola or permitted
under State and local law to perform such services. "CONTRACTOR" shall
not sublet, transfer or assign any work except as otherwise provided for herein
or as authorized in advance by the "CITY ".
II. SERVICES TO BE PERFORMED BY CONTRACTOR
"CONTRACTOR" shall provide the following listed maintenance services to "CITY ".
A. "CONTRACTOR" shall provide the necessary services to complete the tasks
associated with the maintenance for the "MAINTENANCE ". Those tasks include
the following:
1. Coordination and Meetings with City staff
a. "CONTRACTOR" shall keep "CITY" Project Manager apprised of the
progress being made on the "CONTRACTOR" maintenance activities.
Such appraisal shall be made via telephone, in writing as appropriate and
via the meetings as necessary.
2. Radio Communication Maintenance Services
a. "CONTRACTOR" shall provide 24 hour on -call service on fixed radio
equipment, any dispatch related radio trouble, on site service of mobile
units and shop repair of portables units.
b. "CONTRACTOR" shall provided a maintenance set schedule and an as
needed basis schedule as required by "CITY's" Project Manager. These
service will be performed in a professional manner and all repairs will be
completed in a timely manner.
c. "CONTRACTOR's" maintenance shall include all parts and labor required
for repair of Motorola, Kenwood and Yaesu commercial radio equipment
and systems which has become defective through normal wear and tear.
"CONTRACTOR" will not be responsible for any repairs of the following
items: motorcycle - helmet cable assemblies, broken antennas, batteries,
salt water damage or excessive physical damage.
• •
d. "CONTRACTOR" shall provide a Service Station (hereinafter called "SS'),
to maintain the equipment.
e. "CONTRACTOR" shall maintain one associated receiver with each
transmitter at the monthly price indicated for the transmitter.
f. "CONTRACTOR" shall provide maintenance for "CITY' owned antennas
and equipment attached to antenna. This does not include broken
antenna replacement.
g. "CONTRACTOR" maintenance services do not include the repair or
replacement of radio communication equipment from accidents, physical
abuse or misuse of the equipment, acts of God and fires. In addition, this
does not include maintenance of any transmission line, tower or tower
lighting.
h. The equipment will be maintained by the "CONTRACTOR" in accord
with the following standards:
1. Motorola parts or parts of equal quality and compatibility shall
be used.
2. Oil, water, dust and foreign substances will be removed from the
equipment prior to installation.
3. The equipment will not be subject to mechanical or physical abuse.
4. The performance of the equipment will be kept at levels as stated in
the Motorola instruction books furnished with the equipment.
5. All routine maintenance procedures will be followed as prescribed
by Motorola.
6. All maintenance work will be done by a qualified, trained person
authorized by Motorola.
7. All equipment will be inspected and adjusted periodically and as
often as required by Motorola.
L The "CONTRACTOR" shall provide the "CITY' with advice and
technical assistance, including frequency, modulation and power
measurements, to aid the "CITY' in meeting requirements of the
Federal Communications Commission.
3. Time and Place of Maintenance Work
a. The "CITY' shall give "CONTRACTOR" a minimum of 48 hours notice
prior to delivery of a mobile unit for reinstallation. Repair and servicing
of all base or mobile equipment may be performed by the
"CONTRACTOR ". On any work not to be performed at the "SS ", "CITY'
will furnish an adequate bench and working space, with heat, light and
available power at the location where the services are to be rendered.
III. DUTIES OF THE CITY
hi order to assist the "CONTRACTOR" in the execution of his responsibilities
under this Agreement, "CITY" agrees to provide the following:
A. Provide any background information, reports, contracts, specifications,
proposals or agreements as may be available or are in existence, which may be
germane to the completion of the "CONTRACTOR" defined duties.
B. Provide technical information, as are available and appurtenant to the project.
IV. TERM
"CONTRACTOR" shall commence work immediately upon receipt of written notice
to proceed by the "CITY ". Work as required herein, shall be completed in a diligent
and efficient manner to the execution of its completion. The term of this contract is
for one year from the date this Agreement is executed by the City Council.
V. OWNERSHIP OF DOCUMENTS
Original drawings and other deliverable documents to be provided by
"CONTRACTOR" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this "MAINTENANCE ", or any use of
incomplete documents, shall be at "CiTY's" sole risk, and "CITY" shall indemnify
"CONTRACTOR" for any damages incurred as a result of such use. No report,
drawing, document or other data given to or prepared or assembled by
"CONTRACTOR" pursuant to this Agreement shall be made available to any
individual or organization by "CONTRACTOR" without prior written approval
by "CITY ", unless required by subpoena.
"CONTRACTOR" is granted permission to show to prospective clients reports and
data which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
The agreement may be canceled by either party upon thirty (30) days written
notice by certified mail and shall remain in full force and effect until canceled by
either party or by mutual agreement.
A. "CITY' reserves the right to terminate this Agreement without cause at any time
by giving "CONTRACTOR" (30) business days prior written notice. Notice shall
be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to the "CONTRACTOR's" business office
at 1430 South Grand Avenue, Suite 337, Glendora, California 91740.
B. "CONTRACTOR" may terminate this Agreement after (30) days' written notice
from "CONTRACTOR" to "CITY ". Notice shall be deemed served when
delivered personally or upon deposit in the United States mail, postage prepaid,
addressed to the "CITY'S" business office at 3300 Newport Boulevard, Newport
Beach, California 92663.
0 0
C. In the event of termination due to errors, omissions, or negligence of
"CONTRACTOR ", "CITY" shall be relieved of any obligation to compensate
"CONTRACTOR" for that portion of work affected by such errors, omissions, or
negligence of "CONTRACTOR ". If this Agreement is terminated for any other
reason, "CITY" agrees to compensate "CONTRACTOR" for the actual services
performed up to the effective date of the "Notice of Termination ", on the basis of
the payment and fee schedule contained herein.
VII. SUBCONTRACTORS & ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY ".
B. Neither "CONTRACTOR" nor "CITY" shall assign or transfer any interest in
this Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONTRACTOR" from "CITY" under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee
in bankruptcy, without such approval. Notice of any such assignment or
transfer shall be promptly furnished to "CITY ".
VIII. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, "CITY" hereby agrees to compensate
"CONSULTANT" on a fixed monthly basis in the amount of five thousand
dollars ($5,000) per month.
B. Additional services for maintenance and repair for items and equipment
excluded from the standard monthly feeas shal be paid on the basis of the
"PAYMENT & FEE SCHEDULE" set forth below.
C. PAYMENT & FEE SCHEDULE
personnel
Shop Technical Service ...
Field Technical Service ...
Field Installation Service
hourly rates
............ $50.00
............. 75.00
......................... 65.00
D. The contract amount shall be paid to "CONTRACTOR" in monthly partial
payments based on the amount of hours worked and expenses incurred during
each monthly pay period based on the actual hours of labor expended as
determined by the Project Manager for "CITY ".
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONTRACTOR" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized by "CITY" in
writing, "CITY" hereby agrees to compensate "CONTRACTOR" an amount based
upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an
increase in the total compensation exceeding two thousand dollars ($2,000.00) per
month shall require that an amended Agreement for such additional services be
executed by the "CONTRACTOR" and "CITY ".
0
X. RECORDS
"CONTRACTOR" shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by "CITY" that relate
to the performance of the services specified under this Agreement. All such records
shall be maintained in accord with generally accepted accounting principles and
shall be clearly identified and readily accessible. "CONTRACTOR" shall provide
free access to the representatives of "CITY" or its designees at all proper times upon
reasonable notice to "CONTRACTOR" to such books and records, and gives "CITY"
the right to examine and audit same, and to make transcripts therefrom as deemed
necessary at " CITY's" cost, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONTRACTOR" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance policies.
"CONTRACTOR" shall use the "CITY'S" Insurance Certificate form for endorsement
of all policies of insurance. The certificates do not limit "CONTRACTOR'S"
indemnification, and also contain substantially the following statement: "The
insurance covered by this certificate may not be canceled, non - renewed, except
after thirty (30) days' written notice has been received by "CITY ". Coverage may
not be reduced or otherwise materially altered without the same advance notice
to "CITY" of such alteration.
B. "CONTRACTOR" shall maintain in force at all times during the performance of
this Agreement, policies of insurance required by this Agreement; and said
policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "B" (or higher) and Financial Size Category "VIII" (or
larger) in accord with an industry-wide standard and shall be licensed to do
business in the State of California.
1. An appropriate industry-wide insurance rating standard shall be deemed
"Best's Key Rating Guide", latest edition.
C. "CONTRACTOR" shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category
Amount
Bodily Injury $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Property Damage $ 1,000,000 each occurrence
$ 1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
0 0
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has
agreed to provide general liability insurance, "CONTRACTOR" shall look
solely to its insurance for recovery. "CONTRACTOR" hereby grants to
"CITY ", on behalf of any general liability insurer providing insurance to
either "CONTRACTOR" or "CITY" with respect to the services of
"CONTRACTOR ", a waiver of any right of subrogation which any such
insurer of said "CONTRACTOR" may acquire against "CITY" by virtue of
the payment of any loss under such insurance.
E. Additional Insured
"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. The naming of an additional insured shall not affect any recovery
to which such additional insured would be entitled under this policy if not
named as such additional insured; and an additional insured named herein
shall not be liable for any premium or expense of any nature on this policy or
any extension thereof. Any other insurance held by an additional insured
shall not be required to contribute anything toward any loss or expense
covered by the insurance provided by this policy. Proceeds from any such
policy or policies shall be payable to "CITY" primarily, and to
"CONTRACTOR" secondarily, if necessary.
XII. INTERRUPTION OF SERVICE.
The maintenance provided for herein is to remedy only defects caused by
ordinary and usual use of the equipment and does not under any circumstances
include repair or replacement necessitated by accidents, storms, civil commotion,
fires or other similar causes. Under no circumstances does the "CONTRACTOR"
assume liability for and consequential damages to the equipment, the Licensee or
any other entity by reason of failure to perform any such service, the limit of
liability for said failure being solely the reasonable market cost of the omitted
service.
XIII. LAWS & REGULATIONS.
This agreement and the rights and obligation of the parties under it are subject to
present and future valid orders and valid laws, rules and regulations of duly
constituted authorities having jurisdiction.
XIV. WAIVER
A waiver by "CITY" or "CONTRACTOR" of any breach of any term,
covenant, or condition contained herein shall not be deemed to be a waiver
of any subsequent breach of the same or any other term, covenant, or
condition contained herein whether of the same or different character.
Failure or delay on the part of the "CITY" or the "CONTRACTOR" to exercise
any right, power or privilege hereunder shall not operate as a waiver thereof.
XV. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for
damages by reason of an alleged breach of any provisions of this Agreement,
the prevailing party shall be entitled to receive from the losing party all costs
and expenses in such amount as the court may adjudge to be reasonable cost
of litigation.
XVI. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the
provisions hereof.
Any modification of this Agreement will be effective only by written
execution signed by both "CITY" and "CONTRACTOR ".
XVII. HOLD HARMLESS
"CONTRACTOR" shall indemnify and hold harmless, "CITY ", its City
Council, boards and commissions, officers, and employees from and against
any and all loss, damages, liability, claims, suits, costs and expenses,
whatsoever, including reasonable costs of litigation, arising from
"CONTRACTOR'S" negligent acts, errors or omissions, in the performance of
services hereunder.
0 •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first
date above written:
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Address and Telephone:
City of Newport Beach,
a municipal corporation
Clarence Tume ayor
„CITY„
Richard B. Young, dba.,
Communications Systems Services
a sole proprietorship
r48 yam,,
Richard B. Young, Owner
"CONTRACTOR"
City of Newport Beach Communications Systems Services
3300 Newport Boulevard 1430 South Grand Avenue
Yost Office Box 1768 Suite 337
Newport Beach, California 92658 -8915 Glendora, California 91740
(714) 644 -3011 (714) 646 -5204 fax (818) 335 -3353 (818) 335 -3353 FAX