HomeMy WebLinkAboutSan Diego County Sheriff's Department; 2011-12-23;RECITALS
AMENDMENT No. 2
CUSTOMER SERVICE AGREEMENT FOR PAGING SYSTEM
BETWEEN
THE COUNTY OF SAN DIEGO
AND
CARLSBAD FIRE DEPARTMENT
AR.1 On December 23, 2011, the County of San Diego, a political subdivision of the
State of California, acting by and through its Sheriff's Department (SHERIFF) and
Carlsbad Fire Department (CUSTOMER) executed a Customer Service Agreement
(Agreement) for use of the County of San Diego Paging System.
AR.2 On August 23, 2016, the SHERIFF executed Amendment No.1 to this Agreement
to extend terms of contract to November 30, 2019.
AR.3 Agreement Paragraph 11 states: "This Agreement may only be amended in
writing with the approval of the SHERIFF and the CUSTOMER."
AMENDMENTANDEXTENS~N
A. Effective November 29, 2019, the termination date in Paragraph 10 of the
Agreement is changed to November 30, 2022.
Except as otherwise provided by this AMENDMENT No. 2, the Agreement, and
Amendment No. 1, and each and every other term and condition therein, shall remain in
full force and effect.
Terms and conditions of the AGREEMENT not specified herein remain unmodified.
IN WITNESS WHEREOF, the parties hereto approve and agree to the terms of
this AMENDMENT No. 1 to the original Agreement, such AMENDMENT No. 1 being
effective 29th day of November, 2019.
Page 1 of 2
Amendment No. 2
Customer Service Agreement for Paging System
Carlsbad Fire Department
APPROVAL:
David H. Brooks
Wireless Services Division Manager
San Diego County Sheriffs Department
APPROVAL:
County of San Diego
Andrew Potter
Clerk of the Board of Supervisors
Date: _f_i_+-/___,J'f 0.__(_'1 __
Approved as to form and legality:
San Diego County Counsel
Mark Day
Senior Deputy
Date: ----'-H_/ 11._/\>-&-!I __
Page 2 of 2
APPROVAL:
Carlsbad Fire Department
Print Name
Title
Approved ~or authorized pursuant to
~Coda§t23.
By: t=-:--::--:-~-=----,...--Date/2/4 /to/ Clerk ol lhe Board Supervisors
RECITALS
AMENDMENT No. 1
CUSTOMER SERVICE AGREEMENT FOR PAGING SYSTEM
BETWEEN
THE COUNTY OF SAN DIEGO
AND
CARLSBAD FIRE DEPARTMENT
AR.1 On December 23, 2011, the County of San Diego, a political subdivision of the
State of California, acting by and through its Sheriff's Department (SHERIFF) and
Carlsbad Fire Department (CUSTOMER) executed a Customer Service Agreement
(Agreement) for use of the County of San Diego Paging System.
AR.2 Agreement Paragraph 11 states: "This Agreement may only be amended in
writing with the approval of the SHERIFF and the CUSTOMER."
AMENDMENT AND EXTENSION
A. Effective November 29, 2014, the termination date in Paragraph 10 of the
Agreement is changed to November 30, 2019.
Except as otherwise provided by this AMENDMENT No.1, the Agreement, and each
and every other term and condition therein, shall remain in full force and effect.
Terms and conditions of the AGREEMENT not specified herein remain unmodified.
IN WITNESS WHEREOF, the parties hereto approve and agree to the terms of
this AMENDMENT No. 1 to the original Agreement, such AMENDMENT No. 1 being
effective 29th day of November, 2014.
Page 1 of 2
Amendment No. 1
Customer Service Agreement for Paging System
Carlsbad Fire Department
APPROVAL:
Susan M. Willy
Wireless Services Manager
San Diego County Sheriff's
Department
Date: 7 /4 /; (, --+-, --t',~------
APPROVAL:
County of San Diego
Sheriff's Department
William D. Gore
Sheriff
Date: _&-'---'-/_2_~_/,_/._
Approved as to form and legality:
San Diego County Counsel
Mark Day
Senior Deputy
f
APPROVAL:
Gld~~
Fire Chief
Carlsbad Fire Department
Date: 1, lZ-l ~
Page 2 of 2
(
San Diego County Sheriff's Department
Wireless Services Division
Building 12
5555 Overland Ave Ste 5105
San Diego, California 92123-1250
CUSTOMER SERVICE AGREEMENT FOR PAGING SYSTEM
with
Carlsbad Fire Department
This Customer Service Agreement (referred to herein as Agreement) for use of the County of
San Diego Paging System (referred to herein as PAGING SYSTEM) is made this J d t-0{ of
'Dt.LR,1'">1 b<.v-
~e¥embe r 2011. The Agreement is between the County of San Diego, a political subdivision of
the State of California, acting by and through its Sheriff's Department, referred to herein as
SHERIFF, and Carlsbad Fire Department referred to herein as CUSTOMER.
RECITALS
Witness that whereas:
A SHERIFF has constructed a paging system capable of sending automated messages from
alerting networks within and outside of San Diego County; and,
B CUSTOMER desires to pay the SHERIFF for use of the PAGING SYSTEM for the purpose
of supporting the delivery of public safety and/or public services and other purposes that
have been approved by the SHERIFF; and,
C Nothing in this Agreement is intended to lessen CUSTOMER's authority over and
responsibility for events occurring within its jurisdiction.
NOW THEREFORE, it is mutually agreed by and between the parties as follows:
San Diego County Sheriff's Department
Customer Service Agreement for Paging System
Carlsbad Fire Department
November 2011
1. Recitals:
The Recitals identified above are incorporated to this Agreement by reference.
2. System Operation:
The SHERIFF shall provide a county-wide Paging System for CUSTOMER's use to
provide dispatch and short digital messages to communicate with personnel.
3. Monthly Operation Charge for Paging System Use:
CUSTOMER agrees to pay the SHERIFF the amount listed on Attachment A per CAP
Code (Channel Access Protocol), per month, as may be modified by Section 5, for pagers
which CUSTOMER places in service on the Paging System. Included in this cost,
SHERIFF agrees to program CUSTOMER pagers for operation on the Paging System.
The CUSTOMER may increase or decrease the number of CAP codes by giving the
SHERIFF 30 days' notice. The change will be effective at the start of the next month and
will be reflected on an updated Attachment A sent to the CUSTOMER by the SHERIFF.
4. Monthly Operation Charge Changes:
Charges will be reviewed annually in January of each year. Any adjustments to the
charges will be provided to CUSTOMER by April 1st on an updated Attachment A. The
adjusted charges (if necessary) would begin July 1st•
5. Payment of Operation Charge:
SHERIFF agrees to provide a timely and detailed invoice to CUSTOMER on a monthly
basis for the cost of the pager CAP Codes used for the preceding month. CUSTOMER
agrees to submit full payment for SHERIFF invoices, payable to AUDITOR, County of San
Diego, within 30 calendar days of invoice date. SHERIFF reserves the right to apply a ten
percent (10%) surcharge to CUSTOMER for late payment.
6. CUSTOMER Pagers:
CUSTOMER agrees to provide and use only SHERIFF authorized pagers on the Paging
System. SHERIFF agrees to provide CUSTOMER with specifications, including brands
and models, of pagers and associated equipment that is authorized for use on the Paging
System. CUSTOMER agrees to submit equipment specifications to SHERIFF staff prior to
purchase to ensure Paging System compatibility.
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San D,iego County Sheriff's Department
Customer Service Agreement for Paging System
Carlsbad Fire Department
November 2011
7. CUSTOMER Prohibited from Selling or Trading Paging System Service:
CUSTOMER is prohibited from selling or transferring service on the Paging System to
another agency or entity.
8. CUSTOMER Pager Maintenance:
CUSTOMER is responsible for maintenance and repair of its pager equipment. SHERIFF
wiU program pagers for use on the system. Agencies may program their own pagers and
SHERIFF will provide instructions.
1. Cost of pager maintenance, replacement pagers and any enhancements to the pagers
will be the sole responsibility of the CUSTOMER.
2. Once programmed, the CUSTOMER is solely responsibility for their pagers.
9. Coverage:
This agreement does not guarantee paging coverage or service levels. Service may be
interrupted or unavailable due to environmental conditions, governmental regulations or
orders, system capacity limitations and/or failures. County shall 1'.10t be liable for any
delays or harm CUSTOMER or a third party experiences due to coverage or service levels.
Coverage outages or limitations shall not be grounds for any claim against the SHERIFF.
10. Term of Agreement:
The Agreement will expire on November 30th, 2014
11. Agreement Modification; Entire Agreement:
This Agreement may only be amended in writing with the approval of the SHERIFF and the
CUSTOMER. This Agreement constitutes the entire agreement of the parties and any
previous oral or written agreements are superseded by this Agreement.
12. Termination of Agreement:
Either party may terminate this Agreement by providing no less than a ninety (90) days
written notice of intent to terminate to the other party.
13. Defense and Indemnity:
1. Claims Arising From Sole Acts or Omissions of County
The County of San Diego (County) hereby agrees to defend and indemnify the
CUSTOMER its agents, officers and employees (hereinafter collectively referred to in this
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San Diego County Sheriff's Department
Customer Service Agreement for Paging System
Ca rlsbad Fire Department
November 2011
paragraph as 'CUSTOMER', from any claim, action or proceeding against CUSTOMER,
arising solely out of the acts or omissions of County in the performance of this Customer
Service Agreement for Paging Services. At its sole discretion, CUSTOMER may
participate at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve County of any obligation imposed by this AGREEMENT.
CUSTOMER shall notify County promptly of any claim, action or proceeding and
cooperate fully in the defense.
2. Claims Arising From Sole Acts or Omissions of CUSTOMER
The CUSTOMER hereby agrees to defend and indemnify the County of San Diego, its
agents, officers and employees (hereafter collectively referred to in this paragraph as
'County') from any claim, action or proceeding against County, arising solely out of the
acts or omissions of CUSTOMER in the performance of this AGREEMENT. At its sole
discretion, County may participate at its own expense in the defense of any such claim,
action or proceeding, but such participation shall not relieve CUSTOMER of any obligation
imposed by this AGREEMENT. County shall notify CUSTOMER promptly of any claim,
action or proceeding and cooperate fully in the defense.
3. Claims Arising From Concurrent Acts or Omissions
The County of San Diego ("County") hereby agrees to defend itself, and the CUSTOMER
hereby agrees to defend itself, from any claim, action or proceeding arising out of the
concurrent acts or omissions of County and CUSTOMER. In such cases, County and
CUSTOMER agree to retain their own legal counsel, bear their own defense costs, and
waive their right to seek reimbursement of such costs, except as provided in paragraph 5
below.
4. Joint Defense
Notwithstanding paragraph 3 above, in cases where County and CUSTOMER agree in
writing to a joint defense, County and CUSTOMER may appoint joint defense counsel to
defend the claim , action or proceeding arising out of the concurrent acts or omissions of
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(
San Diego County Sheriff's Department
Customer Service Agreement for Paging System
Carlsbad Fire Department
November 2011
CUSTOMER and County. Joint defense counsel shall be selected by mutual agreement
of County and CUSTOMER. County and CUSTOMER agree to share the costs of such
joint defense and any agreed settlement in equal amounts, except as provided in
paragraph 5 below. County and CUSTOMER further agree that neither party may bind the
other to a settlement agreement without the written consent of both County and
CUSTOMER.
5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of
the parties, County and CUSTOMER may seek reimbursement and/or reallocation of
defense costs, settlement payments, judgments and awards, consistent with such
comparative fault.
Page 5 ,
San Diego County Sheriff's Department
Customer Service Agreement for Paging System
Carlsbad Fire Department
November 2011
IN WITNESS WHEREOF, the parties hereto do affix their signatures.
APPROVAL:
Keith Spears,
Contracts Mana er
San Diego County Sheriff's Dept.
Date: ___,l_/-'--J--!-~/;....£F--l'-fl-+--? _
County Point of Contact:
Tony W. Potter
Principal Ad min Analyst
Wireless Services Division
San Diego County Sheriff's Dept.
5555 Overland Ave Ste 5105
San Diego, California 92123-1250
Email: tony.potter@sdsheriff.org
Telephone: (858) 694-3836
APPROVAL:
County of San Diego
Thomas J. Pastuszka
Clerk of the Board of Supervisors
Date: __ 1_'2.-_._"2-_s_._\_l __
Approved as to form:
Office of the County Counsel
Dana L. Begley
APPROVAL:
Fire Chief
Carlsbad Fire Department
Date: __ 1-'-I +f ;_-_.3+{<-+11-----
Point of Contact:
Mike Davis
Batallion Chief
Carlsbad Fire Department
2560 Orion Way
Carslbad,CA 92010-7240
Email: michael.davis@carlsbadca.gov
Telephone: 760-931-2114
Approved as to form:
The Office of the City Attorney
Paul Edmonson
Date: ___,/'--'-I -_:-Z.~I -~I I __ _
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San Diego County Sheriff's Department
Customer Service Agreement for Paging System
Carlsbad Fire Department
November 2011
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San Diego County Sheriff's Department
Customer Service Agreement for Paging System
Carlsbad Fire Department
November 2011
ATTACHMENT A
Carlsbad Fire Department
Effective Date: TuuV>1 w.r ;;,-5 , d'O /I
Number and Cost per CAP Code (Channel Access Protocol)
CAP CODE COUNT COST EACH PER TOTAL TOTAL
MONTH COST PER MONTH COST PER YEAR
31 $2.50 $77.5 $930
Page 8