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.
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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
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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
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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.
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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
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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:
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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.
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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.
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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.
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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
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% 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%
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