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HomeMy WebLinkAboutCC Resolution 12413 (Maintain FD Mobile Data Terminals; COM)RESOLUTION 12413 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR MAINTENANCE OF THE FIRE DEPARTMENT'S MOBILE DATA TERMINALS BY THE COUNTY SHERIFF'S OFFICE. WHEREAS, the City of San Rafael Fire Department has received and has had installed Mobile Data Terminals, paid for by a Countywide grant, in each of its six front line Fire Engines and one Command Vehicle; and WHEREAS, the Mobile Data Terminals, since they are computers located in Fire Department vehicles, will require regular maintenance; and WHEREAS, the Marin County Sheriffs Office has offered, via a consortium, to hire a Maintenance Technician, with the costs to be allocated among the 20 agencies (including the County) desiring to have the Sheriff maintain their Mobile Data Terminals, based on each agency's number of units; and WHEREAS, all of the agencies, at Staff Level, were in agreement that this would be the most cost effective method of maintenance for each agency; and WHEREAS, many of the agencies, at the governing board or management level, have authorized their staffs to sign the agreement; and WHEREAS, the alternative for the Fire Department would be to have the Mobile Data Terminals maintained on a "time and materials" basis by an outside vendor, which would most likely be more costly and less timely to the City; and WHEREAS, the cost of the agreement, through June 30, 2008, will not exceed $5,120.00, subject to additional costs if the Fire Department adds additional MDT's; and 1 WHEREAS, the agreement will terminate on June 30, 2008, unless the City and the County agree to renew or modify the agreement, following a meeting to be held at staff level by April 1, 2008, with such renewed or modified agreement being subject to approval by another City Council Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Of San Rafael does hereby authorize the City Manager to execute the Agreement for Professional Services with the County of Marin, in the form on file with the City Clerk, with such changes, if any, as may be hereafter approved by the City Attorney. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 17th day of December, 2007, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None K ESTHER C. BEIRNE, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES th THIS AGREEMENT, made and entered into this day of , 2007, by and between the COUNTY OF MARIN (Tax I.D. Number 94-6000519), a political subdivision of the State of California (hereinafter referred to as "COUNTY") acting by and through its Sheriffs Office and the City of San Rafael for its Fire Department (hereinafter referred to as "AGENCY"). WITN ESSETH: In consideration of the mutual promises set out below AGENCY and COUNTY agree as follows: 1. The Services to be performed; the schedule for provision of said Services; the compensation for said Services; and the schedule for payment of said compensation shall all be set forth in Exhibit B. 2. DESIGNATED REPRESENTATIVES. Sheriff Robert T. Doyle is the representative of the COUNTY and will administer this Agreement for the COUNTY. City Manager, City of San Rafael is the authorized representative for AGENCY. Changes in designated representatives shall occur only by advance written notice to the other party. 3. EXHIBITS. The following Exhibits are attached hereto and incorporated herein by reference: Exhibit "A!'— General Terms and Conditions Exhibit "B" — Financial Terms and Conditions IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day here first above written. "COUNTY" "AGENCY" COUNTY OF MARIN CITY OF SAN RAFAEL B: B Y Y: ,XVII V Ken dhoff, City Manager Attest: By: 6,Clt� e ' eQ._t C,cLl . Esther C. Beirne, City Clerk COUNTY COUNSEL CITY ATTORNEY Approved as to form Approved as to form By: By: Robert Epstein EXHIBIT — A GENERAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE DELIVERY OF MOBILE DATA COMPUTER MAINTENANCE SERVICES The San Rafael City Council of the City of San Rafael ("AGENCY" hereafter) and the Board of Supervisors of Marin County ("COUNTY" hereafter) have entered into a contract for the delivery of mobile data computer maintenance services by the Marin County Sheriffs Office Technical Support Unit ("SHERIFF'S TECH" hereafter). This exhibit to the contract fully describes the general terms and conditions agreed to by COUNTY and AGENCY. EXHIBIT — B describes the financial terms and conditions of the agreement. Through this agreement, and on behalf of the local law enforcement and fire agencies (including AGENCY) either participating in computer aided dispatch services offered through the Marin County Sheriff's Office or having purchased mobile data computer(s) and/or peripheral component(s) capable of accessing computer aided dispatch services offered through the Marin County Sheriff's Office ("CONSORTIUM" hereafter), SHERIFF'S TECH will provide normal and customary services related to the performance of AGENCY'S mobile data computer systems. These services are in addition to those services provided by the mobile data computer manufacturer/seller ("VENDOR" hereafter) as part of warranty services purchased by AGENCY. SHERIFF'S TECH services are more expressly described in the following sections. ACCESS TO COMPUTER AIDED DISPATCH SYSTEM A. This agreement assumes that AGENCY has unrestricted access to COUNTY owned and maintained computer aided dispatch system. Access to this system is further described in detail in the agreement between AGENCY and COUNTY for CAD and/or dispatch services. Remote and wireless access to this system through the use of mobile data computer hardware is within the scope of this agreement as identified below. POINT OF CONTACT A. SHERIFF'S TECH shall, on behalf of AGENCY and CONSORTIUM, act as the primary point of contact between AGENCY, CONSORTIUM, COUNTY, and VENDOR for problem resolution, warranty repair and other questions or issues. This includes shipping, tracking, and receiving components being serviced by VENDOR while under warranty or extended service maintenance agreement. B. SHERIFF'S TECH shall, on behalf of AGENCY and CONSORTIUM, act as primary point of contact between AGENCY, CONSORTIUM, COUNTY, and wireless data provider (AT&T) for all wireless network connectivity issues. C. SHERIFF'S TECH shall, on behalf of AGENCY and CONSORTIUM, act as primary point of contact between AGENCY, CONSORTIUM, COUNTY, and wireless modem VENDOR for all issues relating to the functionality of the wireless data connection device. D. SHERIFF'S TECH shall, on behalf of AGENCY and CONSORTIUM, act as primary point of contact between AGENCY, CONSORTIUM, COUNTY, and the County Radio Shop for issues relating to replacement of hardware components that require an installation facility. SHERIFF'S TECH will not be responsible for the physical removal and replacement of any components that fall within this category. III. TECHNCIAL SUPPORT SERVICES A. SHERIFF'S TECH shall provide on-site service to AGENCY within the geographical boundaries of Marin County. Page - I EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services B. SHERIFF'S TECH shall maintain inventory information for all mobile data computers owned by AGENCY, including modems, IP addresses, wireless device identifiers and related equipment and software that have unique identifiers. C. SHERIFF'S TECH shall store and track all spare parts owned by AGENCY. SHERIFF'S TECH will, at AGENCY'S request, maintain all spare parts. SHERIFF'S TECH will keep AGENCY apprised of the status and amount of spare parts in stock. SHERIFF'S TECH will order additional or replacement spare parts with the AGENCY'S authorization and at AGENCY'S cost. D. SHERIFF'S TECH shall ensure that all mobile data computers have the necessary patches and updates to the operating system software and other software applications identified in Section VIII of this Exhibit. E. SHERIFF'S TECH shall maintain current system images (clones) of AGENCY'S hard drive system and configuration. This will aid in rapid restoration of AGENCY'S device in the event of a major software failure. This does not include maintaining a backup of user generated files that may be on a particular device. User file backup will be the responsibility of AGENCY. If AGENCY desires to make any modifications to the initial configuration of the mobile data computer, AGENCY shall notify SHERIFF'S TECH prior to making any modifications so that a new hard drive image can be scheduled. If SHERIFF'S TECH is not notified of the modifications, SHERIFF'S TECH is not responsible for loss of configuration information in the event of a restoration. F. SHERIFF'S TECH shall troubleshoot and diagnose all hardware and software related problems on mobile data computer(s) and associated peripherals component(s), as identified in Section VIII of this Exhibit. G. To the extent possible, SHERIFF'S TECH will repair all software and/or hardware problems to restore the mobile data computer to a functioning state. This includes software modifications, software re -installation, hard drive restoration (cloning), external component replacement with spare part, and network configuration. This does not include repair or replacement of any physical component internal to the CPU or display that would normally be covered under VENDOR'S warranty. Examples of this service that would not be included are replacement of internal circuit boards, power supply components, and display screens. H. SHERIFF'S TECH shall troubleshoot, diagnose and repair all commercial wireless network connectivity issues. The wireless data network includes several different components managed and maintained by various entities including AT&T, the Marin County Sheriffs Office, and County Information Services. SHERIFF'S TECH will act as liaison for those network components that the Sheriffs Office does not directly manage, and will work with those entities continuously until the wireless network is completely restored. For wireless network issues impacting either the entire system, or multiple devices within AGENCY, this service will be provided continuously, 24 hours a day for 7 days a week. This does not include service on AGENCY'S deployed private wireless networks (802.11). For problems relating to these types of networks, SHERIFF'S TECH will work with AGENCY'S Information Technology staff to aid in problem resolution if the issue is directly related to the mobile data computer. I. For those law enforcement agencies in the CONSORTIUM using the Netmotion application to fulfill DOJ security requirements, SHERIFF'S TECH shall manage and maintain the Netmotion server hardware and software applications, as well as the Netmotion client software on each mobile data computer. Law enforcement agencies in the CONSORTIUM shall be responsible for purchasing Netmotion and Policy Manager Page - 2 EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services (as needed) licenses for each mobile data computer owned and operated by AGENCY. SHERIFF'S TECH will help to coordinate the purchase and installation of the license and associated software. Law enforcement agencies in the CONSORTIUM shall be responsible for ongoing Netmotion/Policy Manager maintenance costs. J. SHERIFF'S TECH shall prepare periodic reports for AGENCY describing the services rendered and the repair history for each mobile data computer during a given time period K. Except as specifically provided by Section III(H) above, services under this agreement shall be performed Monday through Friday, 8am to 5pm. SHERIFF'S TECH will not respond to service calls after 5pm or before 8am, or on Saturdays, Sundays, or identified holidays, as listed in Section VII of this Exhibit. L. AGENCY will contact SHERIFF'S TECH directly for repair or service requests. If paged, SHERIFF'S TECH will contact AGENCY within one hour to discuss and evaluate the problem. If a replacement component is available, the repair or replacement will be completed within 24 hours of SHERIFF'S TECH contact with AGENCY. The exception is a hardware component such as a cable, electrical wiring, antenna cable or puck, or mounting hardware that require an installation facility to replace. SHERIFF'S TECH will work with AGENCY and the installation facility to coordinate the component replacement; however, the time to repair will be dependent on the installation facility and will not fall within the 24 hour requirement. If a replacement component is not available, SHERIFF'S TECH will make reasonable effort to repair the malfunctioning component before contacting the VENDOR for warranty service. In the event that SHERIFF'S TECH cannot repair the component and it must be sent to VENDOR for warranty repair, the time to repair will be dependent on the VENDOR and the warranty requirements and will not fall within the 24 hour requirement. SHERIFF'S TECH will coordinate the warranty service and will make every effort to expedite the process. IV. AGENCY RESPONSIBILITIES A. AGENCIES should maintain original VENDOR warranty and/or extended service maintenance agreement with VENDOR on all mobile data computer(s) and all peripheral component(s) while the units are installed and in service. If VENDOR limits the amount of warranty or extended service maintenance period that can be purchased by AGENCY, AGENCY must replace the mobile data computer(s) and/or peripheral component(s) or pay VENDOR for all applicable repair costs that cannot be made by SHERIFF'S TECH. B. If AGENCY chooses to allow the original warranty and/or extended service maintenance agreement to lapse on AGENCY owned mobile data computer(s) and/or peripheral component(s), SHERIFF'S TECH shall, in accordance with Sections II(D), III(K), and III(L) of this Exhibit, be responsible for removing the defective equipment and turning it over to AGENCY for repair by VENDOR. SHERIFF'S TECH shall not be responsible for coordinating that repair with VENDOR on behalf of AGENCY, nor shall SHERIFF'S TECH be responsible for negotiating the cost of that repair with VENDOR on behalf of AGENCY. Upon return of the repaired mobile data computer(s) and/or peripheral component(s) from VENDOR, AGENCY shall advise SHERIFF'S TECH of that return. SHERIFF'S TECH shall, in accordance with Sections II(D), III(K), and III(L) of this Exhibit, reinstall said equipment and return it to working condition. C. AGENCY should have a replacement plan in place for the mobile data computer end -of - life, which is typically at three years of field use. D. AGENCY must have sufficient spare parts on hand for replacements as needed. Otherwise, it must be understood that SHERIFF'S TECH will not supply spare parts and if the component cannot be repaired by SHERIFF'S TECH, it will be necessary to return it Page - 3 EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services to VENDOR for warranty repair resulting in a delay in restoring functionality to a particular vehicle. V. COVERED COMPUTERS A. This agreement assumes an inventory of mobile data computers as described in Appendix A, Section 2 of Exhibit B. If AGENCY has ten (10) or more mobile data computers, as described in Appendix A, Section 2 of Exhibit B, at the time this service agreement is executed, an increase to that inventory of no more than 20%, rounded down to the first whole number, is allowed by this agreement. If AGENCY has nine (9) or less mobile data computers, as described in Appendix A, Section 2 of Exhibit B, at the time this service agreement is executed, an increase of no more than one (1) mobile data computer is allowed by this agreement. B. CONSORTIUM agencies adding a mobile data computer(s) to their inventory, as allowed by Section V(A) of this agreement, will be billed a prorated amount for the balance of the fiscal year. The prorated amount will be determined by establishing the "per month/per mobile data computer" cost that was in force at the time this agreement was executed and multiplying that established cost by the number of mobile data computer(s) added to AGENCY inventory, multiplied again by the number of months remaining in the contract period. During the time of this agreement, CONSORTIUM agencies that have not added to their inventory will not see any adjustment to their costs. C. Any increase in the inventory of mobile data computers that exceeds the limits described in Sections V(A) and/or V(B), as might be applicable to AGENCY, is outside the scope of this agreement. Once the increase in mobile data computers, as allowed by Sections V(A) and/or V(B), as applicable to AGENCY, has been exceeded, the service level constraints described in Section III(L) of this Exhibit are void. SHERIFF'S TECH will, however, continue to make every effort to operate within those service level requirements, although no contractual obligation to do so will exist. D. Prior to renewing this agreement each Fiscal Year, the established annual "per mobile data computer" cost will be recalculated by dividing the cost for COUNTY to provide SHERIFF'S TECH services under this agreement by the updated number of mobile data computers, as described in Appendix A, Section 2 of Exhibit B. The service levels described by Section III(L) of this Exhibit will also be reviewed to determine if the increase in the number of mobile data computers owned by CONSORTIUM agencies occurring during the prior contract period necessitates an adjustment in service levels, as described by Section lll(L) of this Exhibit, or an increase in SHERIFF'S TECH resources supplied to CONSORTIUM agencies by COUNTY. Vi. SERVICES OUTSIDE OF SCOPE A. Initial hardware installation of mobile data computer(s) and peripheral component(s). B. Removal and/or replacement of any external component that would require "installation" type services such as cable replacement, electrical wiring modifications, antenna cable or puck replacement, or mounting hardware. C. Third party software installation and maintenance beyond the software applications identified in Section VIII of this Exhibit. D. Although formal training relating to hardware and/or software operation is not included in this agreement, AGENCY reserves the right to make such a request to the Sheriffs Office. Depending on the scope and depth of the training requested, the Sheriff's Office may provide a quote on a time and materials basis. Page - 4 EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services VII E. Project management relating to major system enhancements or end -of -life mobile data computer replacement is outside of the scope of this agreement and may be quoted on a time and materials basis. HOLIDAYS Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King, Jr. Day Presidents Day Memorial Day July 4 1 st Monday in September November 11 4th Thursday in November 4th Friday in November December 25 January 1 3rd Monday in January 3rd Monday in February Last Monday in May December 24 and 31 shall be observed as half-day holidays if those dates fall on a Monday, Tuesday, Wednesday, or Thursday, and providing that those days are not deemed holidays above. Any other day appointed by the President of the United States or the Governor of the State of California, and approved by the Board of Supervisors, for a public fast, thanksgiving, or holiday. When a holiday falls on a Saturday or Sunday, the Friday preceding a Saturday holiday, or the Monday following a Sunday holiday, shall be deemed to be a holiday in lieu of the day observed. COVERED HARDWARE AND SOFTWARE APPLICATIONS Hardware Mobile Data Computer (CPU or laptop) MDC display or monitor Laptop docking station Wireless connection device Keyboard Mouse Cables and connectors Page - 5 Software Applications Operating system (Windows XP) AT&T Watcher connection software Netmotion client application (if applicable) Mobile CAD (Law and Fire) Tiburon system (Law only) EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services IX. OTHER GENERAL PROVISIONS A. This agreement shall commence on the date of initial contract execution, the term of which shall continue through June 30, 2008. No later than April 1, 2008, representatives of COUNTY and AGENCY shall meet to decide whether to renew this, or a modified agreement for mobile data computer maintenance services, or in the alternative, to allow this agreement to terminate on June 30, 2008. Should COUNTY and AGENCY agree to renew or modify this agreement, the term of the new contract shall commence July 1, 2008, and end June 30, 2009. Thereafter, the agreement will automatically renew for a one (1) year period each and every year, unless terminated by COUNTY or AGENCY, as described below. COUNTY, AGENCY, and all other CONSORTIUM agencies shall have the right to terminate this agreement, by giving written notice of that intent to the other parties in the manner stated in Section IX(I) no later than December 30 of each calendar year. Once the required notice of intent to terminate has been provided to all parties, the agreement, along with all rights and obligations attached thereto, shall terminate effective June 30 the following calendar year. Notification by AGENCY or by any other CONSORTIUM agency of its intent to terminate this agreement shall result in a re -negotiation of the cost sharing formulas established by COUNTY and agreed to by AGENCY within 30 calendar days of the written notice of intent to terminate being provided to all of the parties. The revised cost sharing formula will account for the loss of revenue heretofore collected by COUNTY from the terminating agency(ies) and shall spread that cost between the remaining agencies on a prorated "per mobile data computer" basis. The total amount of revenue collected shall continue to equal the full cost to COUNTY for providing the number of full time equivalent (FTE) employees and any additional administrative fees agreed to in this contract. At the conclusion of that re -negotiation, the remaining CONSORTIUM agencies may elect to renew the agreement, subject to the terms described above, or terminate the agreement, termination of which shall occur on the same date as the termination of the agency giving notice of intent to terminate in accordance with the immediately preceding paragraph. On the date of termination, the COUNTY shall immediately cease rendering the services required by this Agreement, and the following shall apply: AGENCY shall pay COUNTY at the termination of the Agreement any and all bills outstanding for the services rendered by COUNTY to the date of termination pursuant to this Agreement. COUNTY shall furnish to AGENCIES such financial information as, in the judgment of the AGENCY, is necessary to determine the amount due for the services rendered by COUNTY. The foregoing is cumulative and does not affect any right or remedy which AGENCY or COUNTY may have in law or equity. 2. COUNTY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days written notice to the AGENCY, without liability for damages, if COUNTY is not compensated according to the provisions of the Agreement or upon any other material breach of the Agreement by AGENCY, provided that COUNTY has first provided AGENCY with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than twenty (20) working days within which time AGENCY may cure the alleged breach. 3. AGENCY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days advance written notice to COUNTY, upon any material breach of the Agreement by COUNTY, provided that AGENCY has first provided COUNTY with a written notice of any alleged breach, specifying the Page - 6 EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services nature of the alleged breach and providing not less than twenty (20) working days within which time the COUNTY may cure the alleged breach. B. This Agreement, together with its specific references, exhibits and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. C. No substantial modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given. Minor modifications to this agreement may be made between both parties if agreed upon in writing, signed by AGENCY'S chief executive and the Sheriff or their authorized representatives. D. If any term, covenant, condition or provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. E. This Agreement may be executed simultaneously and in several counterparts, each of, which shall be deemed an original, but which together shall constitute one and the same instrument. F. Prior to initiating any litigation arising out of this agreement, the parties shall meet and confer in a good faith effort to resolve the issues in dispute. In any action at law or in equity, including an action for declaratory relief, brought to enforce or interpret provisions of this Agreement, each party shall bear its own costs, including attorney's fees. G. Unless otherwise expressly waived in writing by the parties hereto, any action brought to enforce any of the provisions hereof or for declaratory relief hereafter shall be filed and remain in a Court of competent jurisdiction in the County of Marin, State of California. The laws of the State of California shall govern this Agreement and all matters relating to it. H. Each individual executing this Agreement on behalf of the AGENCY represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of the AGENCY in accordance with a duly adopted resolution or minute order of the Governing body of said AGENCY in accordance with the laws of the State of California. AGENCY shall deliver to COUNTY a certified copy of a resolution or minute order of AGENCY'S governing body authorizing and ratifying the execution of this agreement. COUNTY shall within thirty (30) days of the receipt of the AGENCY'S governing body resolution or minute order deliver to AGENCY a certified copy of a resolution of the Board of Supervisors authorizing or ratifying the execution of this Agreement. All notices and demands of any kind which either party may require or desire to serve on the other in connection with this Agreement must be served in writing either by personal service or by registered or certified mail, return receipt requested, and shall be deposited in the United States Mail with postage thereon fully prepaid, and addressed to the party to be served as follows: Page - 7 EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services If to COUNTY: and to: Board of Supervisors, County of Marin Civic Center, Room 315 3501 Civic Center Drive San Rafael, CA 94903 Sheriff, County of Marin Civic Center, Room 145 3501 Civic Center Drive San Rafael, CA 94903 If to AGENCY: and to: City Council, City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Fire Chief, City of San Rafael 1039 C Street San Rafael, CA 94901 Each party shall provide the other with telephone and written notice of any change of address as soon as practicable. Notices given by personal delivery shall be effective immediately. Indemnification AGENCY agrees to defend, indemnify, hold harmless and release COUNTY, its Board of Supervisors, and the officers, agents, and employees of COUNTY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including AGENCY, arising out of or in connection with the activities of AGENCY, its governing body, the officers, agents, and employees of AGENCY pursuant to this Agreement whether or not there is concurrent negligence on the part of COUNTY but excluding liability due to the sole active negligence or sole willful misconduct of COUNTY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for AGENCY or its agents under workers' compensation acts, disability benefits act, or other employee benefit acts. COUNTY agrees to defend, indemnify, hold harmless, and release AGENCY, its governing body, and the officers, agents, and employees of AGENCY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including COUNTY, arising out of or in connection with the activities of COUNTY, its Board of Supervisors, the officers, agents, and employees of COUNTY pursuant to this Agreement whether or not there is concurrent negligence on the part of the AGENCY but excluding liability due to the sole active negligence or sole willful misconduct of AGENCY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for COUNTY or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. Page - 8 EXHIBIT A -- General Terms and Conditions for Mobile Data Computer Maintenance Services K. RESPONSIBLE PARTIES A. Countv of Marin Name Rank FunctionI office FX Email I I Robert T. Doyle I Sheriff Department head 499-7250 4126 507-(a,co.marin.ca.us sheriff__doyle I Dennis Finnegan I Undersheriff I Assistant dept. head 1 499-7250 1507-4126 1 dfinnegan@,)co.marin.ca.us Mike Ridgway I Captain I Bureau Commander I 499-6380 1507-4126 mridgway(o),co.marin.ca. LIS Jeff Carroll I Technical Support Unit I Project Mana, er 499-3758 1507-4216 j_jcarroll(a7co.marin.ca.us I B. City of San Rafael Name j Rank I I I I I I I Function Telephone Fax Email I 1 I I EXHIBIT — B FINANCIAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE DELIVERY OF MOBILE DATA COMPUTER MAINTENANCE SERVICES The City of San Rafael ("AGENCY" hereafter) and the Marin County Board of Supervisors ("COUNTY" hereafter) have entered into a contract for the delivery of mobile data computer maintenance services by the Marin County Sheriffs Office Technical Support Unit ("SHERIFF'S TECH" hereafter). This exhibit to the contract fully describes the financial terms and conditions agreed to by COUNTY and AGENCY. A. Cost Recovery Mandate. COUNTY is required by policy to recover costs for providing services to other local government agencies. This Exhibit describes how COUNTY determines its costs for providing mobile data computer maintenance services. B. Determination of Cost of Services. COUNTY will utilize formulas based on the total number of mobile data computers owned and operated by AGENCY as specified in Appendix A of this Exhibit (B) to determine the allocation of costs for services rendered to AGENCY and others by COUNTY in support of the mobile data computers owned and operated by AGENCY. The costs of these services will be incorporated into the annual charge to the AGENCY by COUNTY for services described in Exhibit A. Appendix A of this Exhibit (B) contains the fiscal year 2007-2008 formulas and costs for the AGENCY and others contracting for mobile data computer maintenance services. This agreement is entered into by COUNTY and agencies identified as the Novato Police Department, Mill Valley Police Department, Tiburon Police Department, Sausalito Police Department, Ross Police Department, Belvedere Police Department, San Rafael Fire Department, Marin County Fire Department, Novato Fire Department, Corte Madera Fire Department, Larkspur Fire Department, Ross Fire Department, Mill Valley Fire Department, Tiburon Fire Department, Marinwood Fire Department, Southern Marin Fire Department, Kentfield Fire District, Ross Valley Fire Authority, Ross Valley Paramedic Authority, and the Southern Marin Paramedic Authority, ("CONSORTIUM" hereafter). CONSORTIUM agencies will pay COUNTY for the full salary and benefit cost of one (1) full-time Technical Support Analyst I employee, plus a five percent (5%) administrative fee. a) Appendix A, Section 1 of this Exhibit (B) displays the personnel costs for FY2007-08. b) Appendix A, Section 2, of this Exhibit (B) displays the CONSORTIUM agencies, identifies their number of owned and operated mobile data computers, and identifies their share of the personnel cost. Page - 1 EXHIBIT B — Financial Terms and Conditions for Mobile Data Computer Maintenance Services C. Administrative Fee. COUNTY assesses an annual five percent (5%) administrative fee based on the total charge to AGENCY for mobile data computer maintenance services. D. Revisino the Cost Sharinq Formula. Revision of the cost sharing formula will only occur if there is an addition or subtraction to the total number of covered mobile data computers as specified in Section 2 of Appendix A of this Exhibit (B). The mechanism for establishing the revised cost sharing formula is identified in Section V and IX(A) of Exhibit A. E. Special Circumstances. AGENCY may request COUNTY to perform services outside of the scope of this agreement. COUNTY will issue an estimation of the cost for services or changes, in writing, to the designated agency representative. AGENCY must authorize the work to be performed on their behalf, and agree to reimburse COUNTY for all costs associated with those changes in writing, before COUNTY will commence the effort. F. Billing. COUNTY shall submit requests for payment on an annual basis. The payment requests will be submitted no later than the end of the first quarter of each fiscal year. Payment is due upon receipt of the invoice. Page - 2 EXHIBIT B — Financial Terms and Conditions for Mobile Data Computer Maintenance Services APPENDIX A AGENCIES SERVED AND COST FOR SERVICES SECTION I — PERSONNEL SECTION 2 —AGENCIES COSTS Agency Novato Police DegLrtTent Mill Valley Police Department I Tiburon Police Department Sausalito Police Department Belvedere Police Department gI Ross Police Department San Rafael Fire Department Count' Fire Department C' --.— Novato Fire Department Cone Madera Fire Department Larkspur Fire Department Ross Valley Fire Authority FRoss Fire Department Mill Valley Fire Department Tiburon Fire Department Marinwood Fire Department Southern Marin Fire Ross Valley Paramedic Southern Marin Paramedic Kentfield Fire Department Total Page - 3 % of WI)Cs Total 25 0 20.49% 8 6 4.92% 6 4.92% 3 I 2.46% 4 3.28% 7 d 5 7 7 574% 21 17,21% 5 4.10% 3 2.46% 4 3.28% 1 0.82% 3 I 2.46% 3 2.46% .1 0.82% 6 4,92% 1 0.82% 5 410% 3 2.46% 122 100% Page - 3