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HomeMy WebLinkAboutCounty of Mendocino 2017-07-01UKIAH POLICE DEPARTMENT STANDARD SERVICE LEVEL AGREEMENT EO # This Service Le.-- Agreement t Agreement ) is by and between the Mendocino County Executive Office Informa' o-� Services Div+s on (hereinafter COUNTY i and the City of Ukiah through its Porte 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. Purpose This Se, v ce Level Agree -e -t has been developed to provide a comprehensive package of profess,:)nal assistance and support with regard to the technical support activities of the County Executive Office. Information Services Division The intent on of this agreement is to define and quantify the levels of special services provided by COUNTY staff It is understood by all partes to this Agreement that the service provided herein may be modified by mutual consent 2 Compensation and Financial Accountability In consderat on for provId ng 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 fo'lowina 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 t -)e expenses identified in the invo ce 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 sha!i 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 Definition of Services Exhibit B Equipment List/Cost per month Exhibit C Insurance Requirements The term of this Agreement shall be from July 1. 2017 through June 30 2018 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 DEPARTMENTNAME County Executive Office Information Seriices D v.s on By DEPARTMENT HEAD INSURANCE REVIEW: RISK MANAGER By N., w _"...... . ALAN D FLORA Risk Manager EXECUTIVE OFFICE REVIEW: APPROVAL RECOMMENDED By I CARMEL J ANGEUO. Chief Executive Officer CITY OF UKIAH, POLICE DEPARTMENT 6� - ,gnature Title Chief of Police COUNTY COUNSEL REVIEW: APPROVED AS TO FORM. KATHARINE L ELLIOTT, County Counsel By Deputy By signing represents Agreement and that Agreement of which Agreement above signatory warrants and that he/she executed this in his/her authorized capacity by his/her signature on this he'she or the entity upon behalf he,'she acted. executed tnis FISCAL REVIEW: Deput 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 a!i 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 sha!i be performed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by UPD 2 INDEfwtNIFICATION To the fullest extent permitted by law COUNTY shah 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 o,it 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 3 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 =11 comply with a!' 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 b 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)i 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 COUNTY further agrees to take aP reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim wh le maintaining public safety and to grant to UPD the opportunity to review and inspect such evidence including the scene of the accident PAYMENT For services performed in accordance with this Agreement. payment shall be made to COUNTY as provided in Exhibit B hereto 5 TRAVEL EXPENSES COUNTY shall not be al'owed 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 w,ldl,fe environmental cr regulatory agency The COUNTY agrees tha' 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 p,ovisions and limitations shall rema n fully effecvve five (5) years after termination of services to UPD hereunder 8 NOTICES All no' _-es requests, demands or other communications under th s Agreement shall be in v.r,ting Notices sha!i be given for all purposes as follows Personal delivery. When personally delivered to the recipient notices are effective on delivery First C!ass Mail When mia,led first class to t ,,� last address of the recipient known to the party g;ving nonce notice is effective t ­e= 3) mail delivery days after deposit in a Un ted States Postai Service office or n,.3 ti x Certified rJaa' When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt Overnight Delivery When del tiered by overnight delivery (Federal Express/Airborne/United Parcel Service with charges prepaid or charged to the senders 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 rec pient known to the party giving notice notice is effective on receipt provided that (a) a duplicate cop; of the notice is promptly given by first-class or certified mal 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 (recipients time) or on a non- business day Addresses for purpose of giving notice are as follows To COUNTY: COUNTY EXECUTIVE OFFICE INFORMATION SERVICES DIVISION 501 Low Gap Road. Room 1440 Ukiah. CA 95482 Attn.: Cody Snider To UPD 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 b. 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, sexua! 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 after 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 mod fed 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 ack.no.vledges and agrees that any failure to provide such written assurances and written plan within the requ red time is a material breach under this Agreement 18 SUBCONTRACTING'ASSIGNMENT COUNTY shad not subcontract assign or delegate any portion of th s Agreement or any duties or obl-gations hereunder without UPD s Fnor 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 rig' -its on any party and shall be nu!i and vo.d b 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 Imitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11). and Conflict of Interest (Paragraph 7). shall survive termination or exp ra';on 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 val;d ty and enforceability of the remaining provisions or portions of them will not be affezted unless an essential purpose of th s 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 prov.ded to UPD under th.s Agreement infringe any patent. copyright or other proprietary right COUNTY sha'! 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 w U inspect all equ pment listed in the attached documents referenced as Exhibit B a' least cnce every 180 days making such repairs adjustments and repla-_e^,ents of component parts as may be necessary to ma nta;n the equioment in norma! operating condition and consistent with the manufacturers specifications This is in regards to the UPD s VHF Radio Communications Systems 2 COUNTY will provide technical engineenng and labor required UPD will provide a' replacement component parts which may necessitated because of routine maintenance or normal service faalure 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 Rad o Communications Systems 3 At least twice each year. COUNTY shati 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 Rad.o Communications Systems 4 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 qua' fled ana trained personnel currently Incensed 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 a!i nec -ssa:y State and Local license and permits and to comply with al, State and Local la.vs and regulations in carrying out this contract i All Dispatch. Control Base. Remote and Repeater sites listed as covered equipment in the at'ached 8 Other iocaUons mutual:, ag-eed upon by COUNTY and UPD shall be the sites V.here mobile equipment maintenance can be performed by County 9 Al: portable hand-held equipment can be del vered to COUNTY s principle business site for maintenance (501 Ler. 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 lin is 11 COUNTY agrees to provide emergency response to any calls for service to the I`Assion 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 / repa rs 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 ma!funcron 13 COUNTY warrants that all services performed hereunder shall be of the nature and quality necessary to assure performance of the equipment accordance with the manufacturer s published specifications 14 This Agreement shall not include repairs to covered equipment for other than norma' 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 bili UPD for direct costs of any and all equipment purchases not limited to. but including the following QTYj - DESCRIPTION PLACE OF SVC PER UNIT TOTAL 1 ea MTR3000 Repeat. i PD Main) Spanish Mountain $4000 - $4000 1 I ea MTR3000 Base Station (CLEMARS) UPD Radio Vault $4000 $4000 1 ea MTR2000 Repeater IFire Command) UPD Radio Vault $4000 S4000 1 ea MTR2000 Base Station (PD Control; UPD Radio Vau't $4000 S4000 3 ea MTR2000 Voting Receiver UPD Radio Vault $2000 S6000 MCSO Radio Vault Airport 1 ea XTL5000 Base Station Console UPD Radio Vault $2000 $2000 3 ea R1225 Base Stations (Schls FD PW) UPD Radio Vault $20 00 $6000 3 ea R1225 Tone Remote adaptors UPD Radio Vault S500 $15.00 1 ea Telewave Master Receive UPD Radio Vault $1000 $1000 i Dist Fi!ter/Ant Syst 2 ea Telea:ave Master Transmit UPD Radio Va,-llt $1000 S2000 Combining/Ant Syst 1 ea Motorola Digitac Voting Comparator Spanish Mtn $20.00 $20.00 ; 1 ea Carlson Comm Trailblazer 4.9 MW Spanish Mtn $2000 520.00 1 ea Carlson Comm Trailblazer 4.9 MW UPD Radio Vault $2000 520.00 1 ea Carlson Comm Traiiblazer 4 9 MW Ukiah Airport $2000 S2000 1 ea Carlson Comm Trailblazer 4 9 MVJ Spanish Mtn S200 0 S20.00 1 ea Carlson Comm IDU -TI -E1 Spanish Mtn $2000 $20.00 1 ea Carlson Comm IDU -T1 -E1 UPD Radio Vault $2000 S2000 1 ea Charles Ind T1 MUX Shelf. Contro!ler Spanish Mtn $2000 S2000 12 Chan 1 ea Charles Ind T1 MUX Shelf. Controller. UPD Radio Vault $2000 S2000 12 Chan Monthly Total - -- - -- $525.00 COUNTY shad b:", 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 tIvs agreement Commumcat ons Coordinator S92.44 hr Network Systems Analyst I S88.07 hr. Information Services Division Manager S109.20 hr Please note Rate schedule is based off COUNTY staff s actual weighted rate Weighted rates may be updated during the term of this agreement when updates are provided by the COUNTY Auditors Office Page 10 of 11 EXHIBIT C INSURANCE REQUIREMENTS Insurance coverage in a minimum amount set forth herein shall not be construed to rel e•1e COUNTY for I:ab l,ty in excess of such coverage nor sha!i it preclude UPD from taking such other action as is available to it under any other provisions of this Agreement or otherw:se in law. COUNTY agrees to indemnify and hold harmless UPD its elected or appointed officials employees or volunteer,; against any claims actions, or demands against them. or any of them and against any damages liab!l tees 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 o; 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 sha!I furnish to COUNTY certificate(s) of insurance evidencing Workers 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 in;ury Lability and property damage Lability - 51.000.000 each occurrence Vehicle / Bodily Injury combined single limit vehicle bodily injury and property damage liability - S500.000 each occurrence Page 11 of 11