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HomeMy WebLinkAboutMendocino County Executive Office - Information Services Division 2015-07-01UKIAH POLICE DEPARTMENT STANDARD SERVICE LEVEL AGREEMENT EO i to-ly ,NC). si L' - X61.7 This Service Level Agreement (`Agreement") is by and between the Mendocino County Executive Office, Information Services Division, (hereinafter "COUNTY") and the City of Ukiah through its Police Department (hereinafter "UPD"). This Agreement includes definitions of specific terms and a description of the level of service to be provided by the County Executive Office/Information Services Division. 1. Purpose This Service Level Agreement has been developed to provide a comprehensive package of professional assistance and support with regard to the technical support activities of the County Executive Office, Information Services Division. The intention of this agreement is to define and quantify the levels of special services provided by COUNTY staff. It is understood by all parties to this Agreement that the service provided herein may be modified by mutual consent. Compensation and Financial Accountability In consideration for providing the services contained within this agreement, COUNTY will receive payment according to the rates listed on Attachment B and incorporated herein by this reference. Within 30 days following each month, COUNTY shall submit to UPD an invoice detailing the COUNTY hours spent performing technical support as specified in this Agreement for which reimbursement is sought. Based on the expenses identified in the invoice, UPD shall remit payment within thirty (30) days following acceptance of cost report/invoice. COUNTY and UPD will exercise due diligence in resolving any questions that may arise in regards to services and/or billings. UPD shall not be charged for operational mistakes and errors, unless the errors clearly originated in UPD. WITNESSETH WHEREAS, UPD desires to obtain Radio System Maintenance services; and WHEREAS, COUNTY is professionally qualified to provide such services and is willing to provide same to UPD. THEREFORE it is agreed that UPD does hereby retain COUNTY to provide the services described in Exhibit "A", and COUNTY accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, the Additional Provisions attached hereto, and the following described exhibits, all of which are incorporated into this Agreement by this reference: Exhibit A Exhibit B Exhibit C Definition of Services Equipment List/Cost per month Insurance Requirements The term of this Agreement shall be from July 1, 2015 through June 30, 2016. Page 1 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF MENDOCINO DEPARTMENT NAME: County Executive Office Information Services Division By DEPARTMENT HEAD INSURANCE REVIEW: RISK MANAGER By: ALAN D. FLORA, Risk Manager EXECUTIVE OFFICE REVIEW: APPROVAL RECOMMENDED: ct CARMEL J. ANGELw,Chief Executive Officer By: CITY OF UKIAH, POLICE DEPARTMENT By: Title: Chief of Police COUNTY COUNSEL REVIEW: APPROVED AS TO FORM: DOUGLAS L. LOSAK, Interim County Counsel By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement FISCAL REVIEW: By: Deputy CEO/Fiscal Page 2 of 11 GENERAL TERMS AND CONDITIONS 1 COUNTY does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with all applicable federal, state and County laws, ordinances, regulations, titles, departmental procedures and currently approved methods and practices in his/her field and that the sole interest of UPD is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by UPD. ?. INDEMNIFICATION: To the fullest extent permitted by law, COUNTY shall hold harmless, defend and indemnify UPD, its employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including the loss there from, or to any violation of federal, state or municipal law or regulation, and (2) is caused in whole or in part by any negligent act, omission or willful misconduct of COUNTY, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. UPD may participate in the defense of any such claim without relieving COUNTY of any obligation hereunder. INSURANCE AND BOND: COUNTY shall at all times during the term of the Agreement with the UPD maintain in force those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. 4. CONFORMITY WITH LAW AND SAFETY: a. In performing services under this Agreement, COUNTY shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. COUNTY shall indemnify and hold UPD harmless from any and all liability, fines, penalties and consequences from any of COUNTY's failures to comply with such laws, ordinances, codes and regulations. Accidents: If a death, serious personal injury or substantial property damage occurs in connection with COUNTY's performance of this Agreement, COUNTY shall immediately notify UPD by telephone. COUNTY shall promptly submit to UPD a written report, in such form as may be required by UPD of all accidents which occur in connection with this Agreement. This report must include the following information: (1) Name and address of the injured or deceased person(s); if any; (2) A detailed description of the accident and whether any of UPD's equipment, materials, or staff were involved. Page 3 of 11 c. COUNTY further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to UPD the opportunity to review and inspect such evidence, including the scene of the accident. 5. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to COUNTY as provided in Exhibit B hereto. 6. TRAVEL EXPENSES: COUNTY shall not be allowed or paid travel expenses unless set forth in this Agreement. 7 CONFLICT OF INTEREST; CONFIDENTIALITY: The COUNTY covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, COUNTY represents to and agrees with the UPD that COUNTY has no present, and will have no future, conflict of interest between providing UPD services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency. The COUNTY agrees that any information, whether proprietary or not, made known to, or discovered by it during the performance of, or in connection with this Agreement to UPD, will be kept confidential and not be disclosed to any other person. The COUNTY agrees to immediately notify UPD by notices provided in accordance with Paragraph 8 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to UPD hereunder. 8. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: Personal delivery: When personally delivered to the recipient, notices are effective on delivery. First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt. Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deemed received Page 4 of 11 on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non- business day. Addresses for purpose of giving notice are as follows: To COUNTY: To UPD: COUNTY EXECUTIVE OFFICE INFORMATION SERVICES DIVISION 501 Low Gap Road, Room 1440 Ukiah, CA 95482 Attn.: Cody Snider CITY OF UKIAH, POLICE DEPARTMENT 300 Seminary Avenue Ukiah, CA 95482 Attn: Administration Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement. 9. USE OF UPD PROPERTY: COUNTY shall not use UPD property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement. 10. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: COUNTY certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented I 45CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation or termination. a. COUNTY shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non -merit factor. COUNTY shall, if requested to so do by the UPD, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Veteran's status, political affiliation, or any other non -merit factor. c. If requested to do so by UPD, COUNTY shall provide the UPD with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Page 5 of 11 d. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law. 11. DOCUMENTS AND MATERIALS: COUNTY shall maintain and make available to UPD for its inspection and use during the term of this Agreement, all Documents and Materials, as defined in Paragraph 9 of this Agreement. UPD's obligations under the preceding sentence shall continue for four (4) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by UPD), and COUNTY shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for four (4) years following the UPD's last payment to COUNTY under this Agreement. 12. TERMINATION: UPD has and reserves the right to suspend, terminate or abandon the execution of any work by the COUNTY without cause at any time upon giving to the COUNTY prior 30 day written notice. COUNTY has and reserves the right to suspend, terminate or abandon the execution of any work for UPD without cause at any time upon giving to UPD prior 30 day written notice. In the event this Agreement is terminated prior to June 30, 2016, COUNTY shall be paid on a prorated basis for only that portion of the Agreement term during which COUNTY provided services pursuant to this Agreement. 13. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between UPD and the COUNTY, relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties. 14. HEADINGS: herein are for convenience of reference only and shall in no way affect interpretation of the Agreement. 15. ADVERTISING OR PUBLICITY: COUNTY shall not use the name of UPD, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of UPD in each instance. 16. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended or modified only by the mutual agreement of the parties. No supplement, amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties. 17. ASSURANCE OF PERFORMANCE: If at any time UPD believes COUNTY may not be adequately performing its obligations under this Agreement or that COUNTY may fail to complete the Services as required by this Agreement, UPD may request from COUNTY prompt written assurances of performance and a written plan acceptable to UPD, to correct the observed deficiencies in COUNTY's performance. COUNTY shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Page 6 of 11 UPD's request and shall thereafter diligently commence and fully perform such written plan. COUNTY acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement. 18. SUBCONTRACTING/ASSIGNMENT: COUNTY shall not subcontract, assign or delegate any portion of this Agreement or any duties or obligations hereunder without UPD's prior written approval. a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void. COUNTY shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between COUNTY and its subcontractors. 19. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 7), shall survive termination or expiration. 20. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 21. PATENT AND COPYRIGHT INDEMNITY: COUNTY represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software services provided to UPD under this Agreement infringe any patent, copyright or other proprietary right. COUNTY shall defend, indemnify and hold harmless UPD of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, "Losses") arising out of or in connection with an assertion that any COUNTY Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. 22. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. If COUNTY is requested to service these agencies it will be given the opportunity to accept or reject the additional requirements. If the COUNTY elects to supply service to other agencies, orders will be placed directly by the agency and payments made directly by the agency. [END OF GENERAL TERMS AND CONDITIONS] Page 7 of 11 EXHIBIT A DEFINITION OF SERVICES 1. COUNTY's maintenance personnel will inspect all equipment listed in the attached documents, referenced as Exhibit B, at least once every 180 days, making such repairs, adjustments and replacements of component parts as may be necessary to maintain the equipment in normal operating condition and consistent with the manufacturer's specifications. This is in regards to the UPD's VHF Radio Communications Systems. 2. COUNTY will provide technical engineering and labor required, UPD will provide all replacement component parts, which may necessitated because of routine maintenance or normal service failure. This includes all parts and labor for ay incidental and emergency repairs required on listed equipment. This is in regards to the UPD's VHF Radio Communications Systems. At least twice each year, COUNTY shall provide the transmitter performance measurements required by the Federal Communications Commission, consisting of at least frequency measurement, deviation measurement and all transmitters listed herein. This is in regards to the UPD's VHF Radio Communications Systems. COUNTY shall maintain or cause to be maintained, records of all work performed, separately, for each item of equipment covered by this maintenance contract. FCC license(s) held by UPD shall be kept current with assistance of COUNTY as needed. 5. COUNTY agrees to provide fully qualified and trained personnel currently licensed by the Federal Communications Commission or certified industry equivalent that will perform all required services, tests and measurements and maintain required records. 6. COUNTY further agrees to procure all necessary State and Local license and permits, and to comply with all State and Local laws and regulations in carrying out this contract. 7 All Dispatch, Control, Base, Remote and Repeater sites listed as covered equipment in the attached. 8. Other locations mutually agreed upon by COUNTY and UPD shall be the sites where mobile equipment maintenance can be performed by County. 9. All portable hand-held equipment can be delivered to COUNTY's principle business site for maintenance (501 Low Gap Road, Suite 1440) or COUNTY can pick up equipment at UPD Dispatch at County's convenience. 10. COUNTY agrees to make every effort to supply all services as soon as possible after a request is made irrespective of these two and twenty-four hour limits. 11. COUNTY agrees to provide emergency response to any calls for service to the Mission Critical Public Safety County base, remote and repeater sites, within two (2) hours of notification at all times, including nights, weekends and holidays. Page 8 of 11 12. Exceptions to this response time would be only in cases of extreme weather, fire, or acts of God causing base and or remote sites to be inaccessible by vehicle. In the event a remote site or sites are inaccessible to perform service / repairs, COUNTY will work with UPD to utilize back up systems as needed until repairs can be completed. All other non mission critical equipment will be serviced within twenty-four (24) hours of notification of malfunction. 13. COUNTY warrants that all services performed hereunder shall be of the nature and quality necessary to assure performance of the equipment in accordance with the manufacturer's published specifications. 14 This Agreement shall not include repairs to covered equipment for other than normal use. Not covered by this agreement are repairs occasioned by wrecking of a vehicle, acts of God, physical mistreatment or destruction of the equipment or its components, accidental damage, water/liquid intrusion, tampering or service by unauthorized personnel not employed by the COUNTY. 15. Not included in this Agreement are; maintenance of any towers unless such work is listed in the attached documentation. Also portable antennas and batteries, mobile antennas are not included. 16. COUNTY agrees to maintain those items listed in Exhibit B for UPD 17. COUNTY can provide additional consultation, engineering or other radio and communications related services as needed on a time and materials basis. Page 9 of 11 EXHIBIT B EQUIPMENT LIST/COST PER MONTH COUNTY shall bill UPD for direct costs of any and all equipment purchases. not limited to, but including the following: QTY DESCRIPTION PLACE OF SVC PER UNIT TOTAL 1 ea MTR3000 Repeater (PD Main) Spanish Mountain $40.00 $40.00 1 ea MTR3000 Base Station (CLEMARS) UPD Radio Vault $40.00 $40.00 1 ea MTR2000 Repeater (Fire Command) UPD Radio Vault $40.00 $40.00 1 ea MTR2000 Base Station (PD Control) MTR2000 Voting Receiver UPD Radio Vault UPD Radio Vault MCSO Radio Vault $40.00 $20.00 $40.00 $40.00 2 ea 1 ea XTL5000 Base Station Console UPD Radio Vault $20.00 $20.00 3 ea R1225 Base Stations, (Schls, FD, PW) UPD Radio Vault $20.00 $60.00 3 ea R1225 Tone Remote adaptors UPD Radio Vault $5.00 $15.00 1 ea Telewave Master Receive Dist.Filter/Ant Syst UPD Radio Vault $10.00 $10.00 2 ea Telewave Master Transmit Combining/Ant Syst UPD Radio Vault $10.00 $20.00 1 ea Motorola Digitac Voting Comparator Spanish Mtn $20.00 $20.00 1 ea Carlson Comm Trailblazer 4.9 MW Spanish Mtn $20.00 $20.00 1 ea Carlson Comm Trailblazer 4.9 MW UPD Radio Vault $20.00 $20.00 Monthly Total $385.00 Optional Mob and Port Equip, (Quantity needed) XX ea Mobile Radio, (XTL, Astro, CDM, TK) $5.00 XX XX ea Portable Radio, (XTS, Astro, HT, TK) $5.00 XX Monthly Total COUNTY shall bill UPD for time associated with services provided under this agreement, based upon the following rate schedule: Additional Engineering, Consultation and Labor costs above and beyond this agreement: o Communications Coordinator $74.10 hr. o Network Systems Analyst I $80.30 hr o Information Services Division Manager $99.43 hr. Please note: Rate schedule is based off COUNTY staffs actual weighted rate. Weighted rates may be updated during the term of this agreement when updates are provided by the COUNTY Auditor's Office. Page 10 of 11 EXHIBIT C INSURANCE REQUIREMENTS Insurance coverage in a minimum amount set forth herein shall not be construed to relieve COUNTY for liability in excess of such coverage, nor shall it preclude UPD from taking such other action as is available to it under any other provisions of this Agreement or otherwise in law. COUNTY agrees to indemnify and hold harmless UPD, its elected or appointed officials, employees or volunteers against any claims, actions, or demands against them, or any of them, and against any damages, liabilities or expenses, including costs of defense and attorneys' fees, for personal injury or death, or for the loss or damage to the property, or any or all of them, to the extent arising out of the performance of this Agreement by COUNTY. COUNTY affirms that s/he is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for the Workers' Compensation or to undertake self insurance in accordance with the provisions of the Code and COUNTY further assures that s/he will comply with such provisions before commencing the performance of work under this Agreement. UPD shall furnish to COUNTY certificate(s) of insurance evidencing Worker's Compensation Insurance coverage to cover its employees, and COUNTY shall require all subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of COUNTY's and subcontractors' employees. COUNTY shall furnish to UPD certificates of insurance with Automobile Liability/General Liability Endorsements evidencing at a minimum the following: a. Combined single limit bodily injury liability and property damage liability - $1,000,000 each occurrence. Vehicle / Bodily Injury combined single limit vehicle bodily injury and property damage liability - $500,000 each occurrence. Page 11 of 11