HomeMy WebLinkAboutCC 14 COMM MAINT AG. 09-06-88DATE:
AUGUST 29, 1988
CONSENT CALEN DAR
NO. 14
9-6-88
Inter-Corn
FROH:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
POLICE DEPARTMENT
CONTRACT APPROVAL - COMMUNICATIONS MAINTENANCE AGREEMENT
Recommenda g i on
The attached Communications Maintenance Contract be executed by
City Council.
Back~round
A study conducted by the General Services Agency of the
GSA/Communications Division determined that operational
improvements and establishment of user fees were necessary to
continue quality service. Based on the study the Orange County
Board of Supervisors approved the establishment of user fees for
the installation, maintenance, and repair of both city- and
county-owned communications equipment on April 27, 1988.
The fees and provisions of this agreement have been reviewed by
the Public Workm Department, the Police Department, and the City
Attorney's Office. The rates are reasonable. The City
Attorney's Office advised the p~ovisions of the contract are
suitable for the City of Tustin.
Funds have been allocated in this year's budget to cover the
anticipated increases in expenditures.
The contract assesses charges for- both installation and
maintenance services, which in prior years were provided at no
cost to local cities. There has been no change with regard to
the cost for parts. Training services for new technologies is
negotiable from a base rate established by the contract.
It is, therefore, recommended that City Council approve the
contract as proposed.
FRED WAKEFIELD
Acting Chief of Police
Attachment
August 2, 1988
U NTY
OF
GE
GENERAL SERVICES AGENCY
R. A. SCOTT
01RECTOR
14 CIVIC CENTER PLAZA, FIRST FLOOR
SANTA ANA, CA 92701-4047
TELEPHONE: (714) 834-5500
William Huston
.Ctty Manager
City of Tustin
Centennial at Main
Tustin, CA 92680
Dear Mr. Huston:
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 l, 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 agreement does not
require you to use GSA/Communications Division maintenance, installation or
·
repair services. It only defines what services will be available through the
Division, what 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.
August 2, 1 988
Page 2
Please review and sign the attached agreement and return the original signed
copy by September 23, 1988 to:
Susan Cosgri ffe
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
0882M
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 Co~nunications 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
emp 1 oyme nt.
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 i~nediately, 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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COMMUNICATIONS AGREEMENT
BETWEEN' THE COUNTY OF ORANGE
AND THE CITY OF TUSTIN
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 Tustin, a
municipal corporation located within the County of Orange, hereinafter designated as
"C ITY."
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 communication 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 Comunications Commission (FCC) and
California Public Utilities Commission standards and policies in order to enable
COUNTY to operate the County Coordinated Con~nunications Systems, to prevent violations
and to protect integrity of the County Coordinated Communications Systems.
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COMMUNICATIONS AGREEMEN ~
Page 2
2. CITY agrees not to apply to the FCC for ind.ividual authority or license to
operate a base station or mobile transmitter operating on SYSTEM(S) BACKBONE.
3. COUNTY agrees to assist CITY to apply for FCC authority or license to operate
base station or mobile transmitter not associated with SYSTEM(S) BACKBONE.
4. CITY.agrees to, maintain a current inventory of all communications and any
other equipment maintained by COUNTY and/or associated with the COUNTY Coordinated
Communications Systems. CITY also agrees to update this listing as equipment is
acquired or at least every six (6) months on COUNTY provided form. List will include
and designate:
(a) Existing equipment.
(b) Equipment acquisitions (leased or owned).
(c) Equipment either disposed of or no longer used within the systems.
(d) Equipment acquisition date and warranty information.
5. CITY agrees that COUNTY is, and shall at all times be deemed to be an
independent contractor that is wholly responsible for the manner it performs services
required by this Agreement.
(a) COUNTY, its agents and employees will not be entitled to any rights or
privi 1 eges of CITY employees.
(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
their employment.
(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
COUNTY' s agents or employees.
6. CITY agrees to pay COUNTY, in accordance with the terms set forth in Appendix
3, for the following services'
(a) Maintenance, repair and/or installation/removal of CITY-owned equipment
as specified in Appendix 1. Services set forth in Appendix 1 of this Agreement shall
be reviewed annually.
(b) Subcontract maintenance/repair/installation pass through costs necessary
to repair or install specified equipment that cannot be performed by COUNTY staff.
7. COUNTY agrees to warrant COUNTY installation, labor and materials to thirty
(30) days after completion of each service without additional charge. However, if
manufacturer of the materials serviced by COUNTY provides additional warranties,
COUNTY's obligation to CITY is limited to returning the materials to manufacturer at
CITY's expense. The decision of any warranty liability in these cases rests with
manufacturer.
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COMMUNICATIONS AGREEMEN m~
Page 3
8. COUNTY agrees to warrant all .parts used in repair of radio equipment for
proper installation and' to be free from defect in materials and workmanship for 30
days from date-of repair.
{a) Warranty applies only to parts actually installed in equipment and work
of COUNTY technicians directly associated therewith and.is not a warranty relating to
the general operation of the equipment.
{b) Service under this warranty will be performed at the original point of
repair.
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:
{a) If COUNTY agrees malfunction is related to previous repair service,
COUNTY will repair equipment/material in question and return it to service without
charge.
{b) If COUNTY disagrees malfunction is related to previous repair service,
COUNTY will contact CITY for further repair instructions before proceeding on CITY's
behalf.
10. COUNTY agrees to provide the following services at no cost:
{a) Coordinated Communications Systems BACKBONE maintenance and repair
including vendor subcontracts.
(b) Ongoing engineering support for current SYSTEM(S) BACKBONE and for
new/repl acement SYSTEM(S) BACKBONE.
(c) Engineering support including assistance to outside consultants in the
development of stand-alone systems.
(d) COUNTY Coordinated Contnunications Center (Operations Unit) staff support
and ongoing operational training support for existing SYSTEM(S) BACKBONE.
ll. COUNTY agrees to provide a fixed location where vehicles and equipment can be
brought in for service.
12. COUNTY agrees to provide field technicians for required field service.
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
2 shall be borne by the CITY at the rates specified in Appendix 3.
14. Services set forth in Appendix 2 of this Agreement shall be reviewed annually.
15. (a) "SYSTEM BACKBONE" means that portion of the radio communications system
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 AGREE,~.
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communications equipment communicate with each other and is composed of mobile relay
equipment, microwave equipment, and associated control equipment (e.g., remote base
stations, portable repeaters if collectively owned, the trunking control system on the
new fire communications system, microwave alarm systems, etc.). It includes those
systems .created to support a coordinated approach to communications such as the law,
paramedic, fire and public works'systems. .
(b) "SYSTEM BACKBONE EQUIPMENT" is COUNTY-owned or cooperatively purchased
equipment in possession or control of the COUNTY General Services Agency that is
located on COUNTY-owned or leased sites or other officially designated sites and
serves one or more users.
{c) "SYSTEM FIELD EQUIPMENT" means that portion of the system that uses the
SYSTEM BACKBONE for communications and consists of dispatch centers, fire and police
stations, public works units, mobile radios, portable radios, pagers, mobile data
terminals, computer-aided dispatch equipment and any other equipment that cannot
operate independent of the SYSTEM BACKBONE. SYSTEM FIELD EQUIPMENT is purchased by,
in possession of, and owned by the individual users.
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
not owned by or under lease to the CITY and under full-time control of CITY.
17. It is agreed that all charges for services specified in Appendix 1 shall be
borne by the CITY at the rates specified in Appendix 3 for the following services'
o Maintenance Services
o Installation Services
o Training Services for New Technologies (To Be Negotiated)
o Parts
18. CITY agrees to pay COUNTY for the services specified in Clause 17 based upon
detailed invoices submitted by the COUNTY.
19. Service charges set forth in Appendix 3 of this Agreement shall be reviewed
at least annually by the County. Thirty day notice shall be given to CITY if any rate
adjustments are to be made.
20. The COUNTY shall not, except in an emergency, be required to perform any of
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
performed during these periods on equipment specified in Appendix 1 will require
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
COUNTY within thirty (30) days after each billing.
22. This Agreement, effective November l, 1988, supersedes all previous
agreements and will be in effect until further notice. Either party may terminate
this Agreement, in whole or in part, at any time on ninety (90) days notice in writing
to other party of its election to terminate the same.
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COMMUNICATIONS AGREEM~'-,
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23. With cause, COUNTY reserves the right to terminate this Agreement
imnediately, effective as soon as written notification of the termination is given to
CITY by COUNTY. Cause may include non-payment of billings.
24. CITY and COUNTY agree that this Agreement does not include any rights of
access to the COUNTY facilities by CITY unless specifically approved by COUNTY.
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
COUNTY under or in connection with work, authority, or jurisdiction delegated to
COUNTY under this Agreement.
It is also understood and agreed that pursuant to Government Code Section
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
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.
26. Neither COUNTY 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
CITY under or in connection with work, authority, or jurisdiction delegated to CITY
under this Agreement.
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
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,
authority, or jurisdiction delegated to COUNTY under this Agreement.
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COMMUNICATIONS AGREEME~(I'
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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: . ,1988 Date'
, 1988
COUNTY OF ORANGE
CITY OF TUSTIN
By . .. By
Clhairman Of ~theI' Board of
Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
ATTEST'
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, Cal i forni a
By
Clerk
APPROVAL RECOMMENDED'
By
APPROVED AS TO FORM'
Adrian Kuyper, County Counsel
Orange County, Cal i forni a
APPROVED AS TO FORM'
By
By
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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 stati OhS
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
Cel 1 ul ar tel ephones
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
COMMUN I CATIONS AGREEMENT
MAINTENANCE, INSTALLATION AND TRAINING RATES
The following time and materials rates will be charged for services provided
by the COUNTY:
Maintenance Services
Installation Services
New Technology Training Services
Parts
$35.60/hr.
$29.06/hr.
$30.18/hr.
Cost
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