Loading...
HomeMy WebLinkAboutResolution No. 6396 (Radio Equipment Maintenance)RESOLUTION NO. 6396 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with The County of Marin for maintenance of City's radio equipment, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the twentieth day of Sp tPmhPr 19 82 , by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEA1BERS : None ABSENT: COUNCILMEMBERS:None �.0 NNE M. LEONCINI, City Clerk INAL bq 3 A G R E E M E N T THIS AGREEMENT entered into by and between the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "County" and City of San Rafael hereinafter referred to as 1 ty this 25Th day of AiijZnst WHEREAS, rit-y owns, operates and maintains radio stations for the purpose of transmitting and receiving police, fire, and local government public safety communications in the County of Marin; and, WHEREAS, is engaged in activities which are in their nature either connected with law enforcement, fire prevention, public service, or other activities of a public nature; and, WHEREAS, County employs competent licensed radio technicans for the pur- pose of maintaining, supervising, repairing and adjusting said radio equipment under the direction of the Chief of Electronics Maintenance of the Marin County Sheriff's Department, Communications Division; and, WHEREAS _Qi to obtain the services of these personnel to maintain and C epair its electronics/communication equipment; NOW, THEREFORE, IT IS AGREED by and between County and Ci tv ; 1. That the above recital of facts is true and correct and is hereby incorporated into this agreement. 2. That County shall maintain in good operating condition the electronic equipment of" City in accordance with the Federal Communications Rules and Regulations and good engineering practices. 3. All electronics/communications equipment (base, mobile, portable or other) covered by contract shall be required to have preventive main- tenance service not less than once a'year or at other intervals in the sole discrection of the Chief of Electronics Maintenance. 4. No equipment shall be installed, removed, modified, repaired or re- located from vehicle to vehicle, base site to base site, or other change affecting any system by personnel other than County employees who have systems responsibilities without the prior written approval of the Chief of Electronics Maintenance. In the event the Chief of Electronics Maintenance declines to approve any installation, removal, modification, repair or relocation that r;t�, desires to accomp- lish by personnel other than County Employeds, Ciuu may -still do so but this agreement shall become null and void as to that equip- ment and any other equipment which in the sole discretion of the Chief of Electronics Maintenance is dependent upon rejected equipment, or any equipment where maintenance requirements are increased due to the use of the rejected equipment. 5. No additional equipment of any type shall be obtained and utilized in any system without prior written approval from the Chief of Elec- tronics Maintenance. In the event the Chief of Electronics Mainte- nance declines to approve any equipment that rir�Z desires to use in its system, may still obtain and use said equip- ment, but this agreemen shall be null and void as to that equip- ment, and any other equipment which, in the sole discretion of the Chief of Electronics Maintenance is dependent upon the rejected equipment, or any equipment where maintenance requirements are increased due to the use of the rejected equipment. 6. The County will have no obligation to render service for any equip- ment or system which, in the sole discrection of the Chief of Elec- tronics Maintenance cannot be properly repaired for any reason in- cluding, but not limited to, such reasons as inherent design defic- iencies, worn out equipment beyond repair, illegal or unauthorized operating capabilities, or where repairs would be unlikely to remedy the defect. 7. It will be the responsibility of the rir-%, to report immediate- ly any malfunction of equipment to the Communications Division. 8.,insofar as possible, will designate one individual at comma d level to coordinate each department's electronic re- placement and service requirements. 9. All service rendered by the Communications Division will be on a time -and -materials basis. 10. Emergency services will be available with a one (1) hour maximum re- sponse time -after notification to Ci ty location. This ser- vice shall be available twenty-four 24 hours per day on a year round basis. Overtime emergency service will not normally extend to mobile units, portable units, pagers or other auxiliary equipment not abs- olutely essential to City_ operation. Overtime emergency serv- ice will extend to alltypes of equipment if ordered by individual department heads or designated authority. Emergency call out is sub- ject to a four (4) hour minimum charge thereof. 11. The Marin County Sheriff's Department, Communications Division will provide on-site service where feasible and acceptable to both parties. Mobile and portable equipment will normally be serviced at the Marin County Sheriff's Department, Communications Divisions maintenance facility. Pick up and delivery will be the responsibility of the G;tvx Transportation of mobile and portable equipment; if provideed by Marin County Sheriff's Department, Communications Division personnel shall be charged as service time at the established rate and be subject to a one half hour minimum charge thereof. 12. The County will develop a cost -per -hour figure, taking into account the direct personnel costs of the support vehicle's equipment and overhead, etc. For services rendered when a Communications Tech- nician is regularly on duty, time will be charged at one (1) times the cost per hour with a one (1) hour minimum and quarter hour inc- rements. For time worked where there is no Communications Technic- ian on duty, time will be charged in accordance with the applicable collective trargaining agreement, including call-back minimums, as necessary. 13. The term of this agreement shall be for a period of one (1) year commencing on the date written above and shall be considered re- newed for successive annual terms, unless either party gives writ- ten notice of termination on or before thirty (30) days prior to the start of new term. 14. The hourly fee schedule specified above is to be set for the ensuing contract year at time of contract renewal and incorporated as an ad- dendum to this Agreement. Written Notice of Amendment to the rate schedule shall be presented to the airy for review not less than sixty (60) days prior to the contract renewal date. Cost per hour rate to be set annually by the Chief of Electronics Maintenance on order of the Marin County Board of Supervisors. The hourly rate may be amended only as provided in this section. 15. The terms, covenants and conditions of this Agreement shall apply to and bind the successors or assigns of the parties hereto. 16. This Agreement contains the entire agreement between the parties relating thereto. All prior negotiations. or -:stipulations concern- ing its manner which preceded or accompanied the execution hereof are conclusively deemed to be superseded hereby, provided, however, that this Agreement may in the future be altered by written agree- ment of the parties and not otherwise. 17. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first- class mail. Any such notice, demand, etc. shall be addressed'to the other party at the addresses set forth hereinbelow. Either party may change its address by notifying the other party of the change of ad- dress. Notice shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed as provided in this para- graph. If to City City of San Rafael _ City Hall San Rafael Ca 94943 If to County: Marin County Sheriff's Department Communications Division Civic Center San Rafael, Ca. 94903 In witness whereof, the parties hereto have executed this agreement the day and year first written above. Attest: COUNTY OF MARIN By r �: Clerk Chairman, Board of Supervisors - Y CITY OF SAN RAFAEL City or District ATTEST: Tyy"� L stCeQ.�� C Ci411.1,kMAYOR OF THE CITY OF SA RAFAEL