FROM: OFFICE OF THE CITY MANAGER
BY: LESLIE R. MURRAY, CHIEF OF POLICE
SUBJECT: SERVICE CONTRACT AGREEMENT BETWEEN COMMLINE, INC. AND T
CITY OF DOWNEY FOR MAINTENANCE, REPAIR AND SUPPORT OF TH
POLICE DEPARTMENT'S TWO-WAY RADIO COMMUNICATION
INFRASTRUCTURE AND EQUIPMENT I
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AUTHORIZE STAFF TO ENTER INTO AN AGREEMENT WITH COMMILINE, INC.
FOR TWO-WAY RADIO COMMUNICATION EQUIPMENT (RADIO
INFRASTRUCTURE, MOBILE AND PORTABLE RADIOS) MAINTENANCE, REPAIR AND SUPPORT FOR A CONTRACT PERIOD FROM JULY 1, 2022, TO JUNE 30, 2023.
The police department utilizes specialty communications equipment to efficiently operate the department's two-way radio system used by officers and the 911 center.
The emergency dispatch and communications equipment requires 24/7 technical support for maintenance and repair. Commline, Inc. provides proactive service needed to maintain equipment and reduce equipment failure(s) and also provides 24/7/365 emergency response for any necessary support and repairs.
Commline, Inc. has provided excellent maintenance and service to the Police Department for the last several years.
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Fiscal Responsibility
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SERVICE AGREEMEAT FOR COW-TATT-719-WITEUFT170
JUNE 28, 2022
�2&,GE # 2
Annual service agreement costs are $28,956.00. Funding for the project will come from the current, approved operating budget account 10-4-2120-0700.
ATTACHMENT
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C(DMMLine inc.
13700 Cimarron Ave., Gardena, CA 90249
(Main) 310.390.8003 (Fax) 310.390.4393
www.Commlineinc.com
I. The following service agreement is between Commline, Inc. and City of Downey on behalf of the Downey Police Department ("City").
11. This agreement is valid from July 1, 2022 to June 30, 2023. This agreement will automatically renew for a I (one) year term for up to 5 years total.
III. Locations covered are operations at:
a. City of Downey PD 10911 Brookshire Ave., Downey, CA 90241 IV. Commline will be contracted to provide general technical and sales support of City's Two-way communications hardware and infrastructure.
a. Below is a list of the radios covered by this agreement:
i. Portable Radios
1. (167) Portables
ii. Mobile Radios
1. (93) Mobiles
iii. Motorola MCC 7500 (Support only — inc: technical, modifications, support)
1. (5) Consoles
V. Technical •►i
a. Technical support will include general repair and maintenance of the above -mentioned equipment, identified ► serial number.
b. General repairs will be defined as repairs of radios that include the following:
intermittent or no transmit/receive; intermittent or no ►i ►:f /missing knobs and buttons; programming, tuning and aligning.
c. Certain technical support and repairs will be not covered under this agreement, such as, radio problems caused by excessive physical abuse/accidents or misuse; force majeure; fire; liquid damage; lack of performance due to the current repeater setup and location will • not ►' •`f
OOMMLine inc.
13700 Cimarron Ave., Gardena, CA 90249
(Main) 310.390.8003 (Fax) 310.390.4393
www.Commlineinc.com
VI. Service Scope
a. Service Calls: Commline will provide support within 4 hours of a call or email. Calls generated on Saturday, Sunday and bank holidays will be serviced the following business day. Response matrix as follows:
esponse
Phonecity R pop e1ime Descrip �on
detrimentally impede operations or
jeopardize safety ot personnel
Mon -Fri, 8:00 a.m.-400 p.m. response to 2 hours (calls taken after 2:00 4 hours (for work performed r.failures that degrade business operations p.m. will be addressed by 8:00 but do not impact safety of personnel a.m. next business day) . .. .......... .........
Mon -Fri, 8:00 a.m.-4:00 p.m. response to
4 hours (calls taken after 12:00
degraded communications that do not
significan h) imact business oQerations or p.m. will be addressed by 8:00 Next Business Day a.m. next business day)
safety of personnel
---------------------- — ---------- - -------------------------------------------- - -- b. Critical Infrastructure: will be covered 24/7, including holidays. c. Repeater Infrastructure Troubleshooting: Commline will provide initial troubleshooting/assessment of the existing repeater infrastructure problems. Labor will be covered by the service agreement, but replacement cost of bad equipment will be invoiced accordingly.
d. Radio/Repeater Repairs:
i. Repair requests will be picked up by a Commline representative/courier service or by UPS label provided by Commline, within 48 hours of request. When sending in repair requests, please send the radio only. Please do not include antenna and baftery, unless the battery is part of the repair request. ii. Radio repairs, if repairable, will be completed no longer than 2 weeks from receipt of equipment. If repairs are to take longer than 2 weeks, notice will be submitted to inform of a revised return date.
iii. Beyond Economic Repair — Radio repair costs that exceed the market value of the radio can be deemed 'Beyond Economic Repair or BER'. C-ommon reasons to be considered as BER include: damage to PC boards, unavailability of parts due to discontinuation of radio/parts, etc.
iv. Repaired radios will have a 90-day warranty.
e. Loaner Radio Program: Commline will provide complimentary loaner radios to replace radios that are sent in for repair. Additional loaners can be requested if needed. Lost or damaged radios will be invoiced separately at the end of the service agreement at full retail price.
f. Replacement Battery Program: Commline will provide a new/equivalent replacement battery for date codes that exceed I year old.
COMMLineinc.
13700 Cimarron Ave., Gardena, CA 90249
(Main) 310.390.8003 (Fax) 310.390.4393
www.Commlineinc.com
g. Bank Charger Program: Commline will repair/replace malfunctioning charger pods on multi -unit chargers only. Repairs/replacements will not be valid for damages caused by liquid or physical force.
h. Preventative Maintenance Program: Conmiline will provide scheduled onsite maintenance of existing repeater infrastructure.
VII. Financial Terms & Obligations
a. City will provide payment of $2,413.00 per month ($28,956.00 annually), for 12 months to cover the above listed radio equipment.
167 Portables
$ 7.00
$ 1,169.00
93 Mobiles
$ 8.00
$ 744.00
5 Consoles
$ 100.00
$ 500.00
Per Month:
$ 2,413.00
Annual Service Cost:
$ 28,956.00
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a. 11pon completion of the 1 -year agreement, City will have the option to extend the agreement with written notice. If no notice is provided, the agreement will continue on a month -to -month basis.
b. City can only terminate this agreement in Year I of the agreement in the event Commline does not provide said service outlined in this agreement or fails to provide said services in this agreement to an acceptable level as determined by City in its sole discretion and determination. After Year I of the agreement, either party can terminate services with or without cause with 30 days prior written notice to the other party.
FX. Indemnification
a. Commline shall defend (with counsel acceptable to City), indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Cormnline, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related is and expenses. Commline's duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Commline and/or its personnel are employees of City, have been misclassifled as an independent contractor, or failed to pay any or all necessary state or federal withholdings and/or taxes. Commline shall defend, at Commiline's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Cominline shall pay and satisfy any judgment, award or decree that may be rendered against City or its
COMMLine
i c.
13700 Cimarron Ave., Gardena, CA 90249
(Main) 310.390.8003 (Fax) 310.390.4393
www.Commlineinc.com
other legal proceeding. i if and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. frmuline's obligationto indemnify shall notbe ` to insurance proceeds, if any, received by City, its directors, officials officers, employees, and agents is volunteers. Commline shall not be obligated to defend, indemnify or •.f Citg harmless in aM-j manner whatsoever for angi claims or liabilit3se-6sing m-LvJXkvDA-of own negligent acts, errors or omissions or ,.• •
C(DMMLine inc.
13700 ,.
310.390.8003 r
its officials, officers,employees, agents or is --rs, shall be in excessi;. i insurance and shall not contribute
e. Cancellations or Modifications to Coverage. City shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior i to City. If any insurance policy required under this Section canceled or reduced in coverage or limits, Commline shall, within two Business Days of i - from the insurer,phone, i fax or i i mail, return receipt requested, of the cancellation of or changes to the policy. 1 1i
By:
Blanca Pacheco, Mayor
City Clerk
St
0, City Attorney
10, A. — M-- —
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By:
Je t aa, Vice President