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Resolution No. 7093
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MCI TELECOMMUNICATIONS CORPORATION FOR TELECOMMUNICATIONS SERVICES WHEREAS, the Light and Power Department has a need to establish a communications link with the California Independent System Operator ("CAISO") in connection with the operation of the City's electric utility; and WHEREAS, MCI Telecommunications Corporation ("MCI") is a sole source provider of such services by virtue of an agreement between MCI and CAISO; and WHEREAS, use of MCI's services requires the purchase of pre -approved computer equipment consisting of two routers (equipment IRTR44 with BRI), and two telecommunications ports (equipment JCDU88); and WHEREAS, MCI.offers subscribers to its services the option to purchase said equipment at standard prices, the details of which have been provided to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2 The City Council of the City of Vernon hereby approves the Customer Premises Equipment (CPE) Purchase and Maintenance Agreement between the City of Vernon and MCI Telecommunications Corporation, a copy of which has been presented to the City Council concurrently with this resolution, and the I 1 2 3' 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council hereby orders said Agreement to be received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreements for, and on behalf of, the City of Vernon. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 24th day of March, 1998. LEONIS C. MAL URG, Ma or ATTEST: BRUCE V. MALKENHORST, City Clerk -2- 1 STATE OF CALIFORNIA ) )ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 7093, was duly adopted by the City Council of the 6 City of Vernon at an adjourned regular meeting of the City Council 7 duly held on Tuesday, March 24, 1998, and thereafter was duly 8 signed by the Mayor of the City of Vernon. 9 .� G r 10 BRUCE V. MALKENHORST, City Clerk 11 (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- — CUSTOMER PREMISES EQUIPMENT (CPE) PURCHASE AND MAINTENANCE AGREEMENT CPE Purchase and Maintenance Agreement ("Agreement") Numbered CPEP-WE-98-083-0001, between MCI Telecommunications Corporation ("MCI"), a Delaware corporation, and CITY OF VERNON, ("Buyer"), located at 4305 SANTE FE AVENUE, VERNON, CA 90058, dated March 24 1998. MCI and Buyer agree as follows: 1. Purchase and Sale of CPE. MCI sells to Buyer and Buyer purchases from MCI the items of CPE and related cables and connectors identified on Schedule A, which is incorporated herein by reference, and any additional items of CPE ordered by Buyer and delivered by MCI prior to termination of this Agreement. 2. Term. This Agreement shall remain in effect until terminated by either party on not fewer than ninety (90) days' written notice. 3. Charges. A. Buyer shall pay to MCI the purchase price, installation charges and shipping charges for the CPE and required cables and connectors at the prices set forth in Schedule A. Charges for additional items ordered and delivered shall be MCI's then prevailing published list prices. B. Buyer shall obtain and shall be responsible for any costs associated with all permits, licenses, taxes (exclusive of taxes based on net income or gross receipts of MCI) and other charges, including interest and penalties, imposed or required by any taxing or licensing authority arising out of this Agreement. C. Buyer shall pay MCI for maintenance service on an annual basis at the rates set forth in Schedule A, subject to revision as reflected in MCI's published price lists from time to time, as performed by MCI pursuant to the provision of this Agreement entitled "Maintenance." D. MCI shall invoice Buyer for all charges due under this Agreement. Invoices are payable net thirty (30) days after date of invoice. 4. Installation. MCI shall install the CPE at the installation sites designated on Schedule A and, as agreed by MCI, any additional sites designated for additional items of CPE. Buyer, at it own expense, shall provide suitable furnished space, a proper physical and electrical environment and a conveyance for the cables as specified by MCI. 5. Maintenance. MCI, its agents, contractors or suppliers will maintain the CPE, including investigation of trouble reports and repair or replacement (at MCI's option) of any item of CPE, cable or connector which fails to meet manufacturer's published operating specifications; provided that MCI may terminate maintenance services if the CPE no longer is used in conjunction with services MCI f4mishes under MCI tariffs. The annual maintenance charge includes provision of appropriate spares and replacement of any item of CPE with one having like features and functionality at the discretion of MCI. 6. Access. Buyer shall provide MCI, its agents, contractors or suppliers with reasonable access to the installation sites and the CPE for purposes of installation, testing and maintenance. 7. Moves. Buyer shall not move or remove any item of CPE for which MCI is responsible for maintenance under this Agreement without MCI's consent. 8. Title and Risk of Loss. Title to each item of CPE shall remain with MCI until the entire purchase and related installation price is paid in full. After delivery of the CPE to the installation site and before title passes to Buyer, Buyer shall keep and use the CPE so as to avoid injury or damage thereto and shall pay the price in full for any item lost or damaged from any cause (unless solely or principally caused by MCI, its agents, contractors or suppliers). 9. Warranty. A. MCI will repair or replace any cable or connector that fails through no misuse or abuse by Buyer to remain in good working order for thirty days after installation date. Except for its maintenance obligations described under the Article entitled "Maintenance" and the foregoing cable and connector limited warranty, MCI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCI does not warrant that any item provided under this Agreement shall be free from any third party claims of infringement of any patent or other proprietary rights. B. MCI assigns to Buyer all rights it has or may acquire as an indemnitee under the patent and copyright indemnities the CPE manufacturers have given or may give to MCI or MCI's customers. 10. Limitation of Liability. A. IN NO EVENT SHALL MCI BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF AWARE OF THE POSSIBILITY THEREOF. B. MCI's liability for damages for breach of this Agreement or arising in any other respect out of this Agreement, regardless of the form of action, shall not exceed the price paid to MCI by. Buyer for the item of CPE giving rise to the cause of action; provided, however, that the foregoing limitation shall not apply to personal injury, including death, caused by the willful misconduct of MCI. 11. Force Majeure. Neither party shall be deemed negligent, at fault or liable for any delay or failure in performance resulting from acts of God, war, accidents, labor disputes, strikes or any other cause not the fault of and beyond the reasonable control of the parry delayed; provided, that the delayed party gives the other party prompt notice of the delay in sufficient detail to permit the notified party to minimize the effect of such delay. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without giving effect to its principles for choice of law. 13. Assignment. Buyer may not assign this Agreement without MCI's written consent and any attempted assignment not consented to shall be void. 14. Entire Agreement; Amendments. This Agreement contains the entire agreement between MCI and Buyer concerning its subject matter and supersedes all prior or contemporaneous agreements, representations, expressions or discussions, written or oral, courses of dealing, usages of trade or courses of performance under this or other agreements. This Agreement shall supersede all preprinted or other terms and conditions of any purchase order submitted by Buyer concurrently with or pursuant to or in connection with this Agreement. Amendments to this Agreement, with the exception of price revisions as stated above, shall be effective only if in writing and signed by the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. ACCEPTED AND AGREED TO: CITY OF VERNON By: Name: Leonis C. Malburg Title: Mayor MCI TELECOMMUNICATIONS CORPORATION By: GA'� Name: Title: Date: Date: ATTEST: Bruce V. Malkenhorst CPE Purchase Agreement for City Administrator APPROVED AS TO FORM: Contract Administration 7697/183 David B. Brearley, ity Attorney Page #1 of 2 EQUIPMENT SCHEDULE This equipment schedule is subject to the terms and conditions of the applicable MCI Customer Premises Equipment (CPE) Lease, Rental or Purchase agreement Wgreemente&) executed by MCI and Customer. If no Agreement has been executed by the parties, this Equipment Schedule will have no effect. The terms and conditions of this Agreement and this Equipment Schedule shall control over the terms and conditions contained in any purchase order or similar document submitted to MCI by Customer. No changes to this Equipment Schedule are permitted unless each such change is accepted by MCI CPE Contract Administration. All prices are listed in U.S. Dollars. The prices contained herein are valid for 90 days from the date of this Equipment Schedule. Applicable Term Lease, Rental or Purchase Agreement # CPEP-WE-98-083-0001 CUSTOMER INFORMATION Company Name : CITY OF VERNON Contact: Billing Address: 4305 SANTE FE AVENUE City: VERNON Accepted and Agreed to: Customer Name: Print Name: CSC INFORMATION Name: SHELI BLEVINS Dept./Loc. Mail ID#: Telephone #: 213-625-3727 Vnet #: Address: City/State/Zip: Phone # : State: CA Zip Code: 90058 Title: INTERNAL USE --------------------------- --------------------------- COMS #: COMS Order #: Cust. Corp. ID #: Access Type: T-Carrier ID #: Required Install Date: ........................................................................................... Accepted and Agreed To: MCI Telecommunications Corporation Accepted by: Date: Page #2 of 2 PHYSICAL AND ELECTRICAL ENVIRONMENT SPECIFICATION FOR MCI CPE ------------------------------------------------------------- ------------------------------------------------------------- SPECIFICATIONS The following specifications set forth the physical and electrical environment required to accommodate the CPE listed in this Equipment Schedule. These specifications reflect a normal industrial office environment within the continental U.S.A., and are consistent with the requirements of the various CPE manufacturers. OPERATING TEMPERATURE +40 to +100 Degrees Fahrenheit Rate of change of temperature not to exceed 15 degrees Fahrenheit per hour OPERATING RELATIVE HUMIDITY20o to 55% Relative Humidity - non -condensing AIR QUALITY Environment must be dust free, contamination free (no deposits, residue or other similar build up), and meet local building codes. ELECTRICITY PHASE NOMINAL MINIMUM MAXIMUM VOLTAGE Single 120 vac 96 vac 132 vac 1 -2 208/240 vac 176/204 vac 227/264 vac 3 208 vac 176 vac 229 vac 3 480 vac 408 vac 528 vac MCI provisioned CPE is sensitive electronic equipment. In areas where heavy industrial equipment is used and/or there are frequent electrical storms, it is desirable to provide electrical isolation for the CPE by using motor generators or UPS equipment. For an additional charge, MCI can provide back-up power protection or isolated power sources upon request. FREQUENCY- Normal Commercial Power AC INRUSH CURRENT Fuses and Circuit Breakers - capable of handling instantaneous inrush current 10 times the rated input steady state current. ELECTRICAL OUTLETS - There must be dual or quad standard NEMA L5-15R 3 prong electrical outlets located within 6 feet of the MCI equipment racks for the exclusive use of the MCI provisioned CPE and MCI service technicians. Each receptacle must provide power that meets the specifications under RElectricity'n, and must be powered on a 24 hours a day, 7 days a week basis. FLOOR SPACE —There must be sufficient floor space to accommodate the MCI racks and/or cabinets that contain the CPE, with unrestricted access of 3 feet or more around all units to accommodate the MCI service technicians and their test equipment. EQUIPMENT The equipment related to this agreement is shown below and on any attached continuation sheets. I # M Installation Site NETCOM ID# SOC Qty. Unit Install. Charge Unit Annual Maint. Charge Unit Purch. Charge Total Charge VERNON, CA (SANTE FE) Y4S9AA RTR44 1 $ 480 $ 1025 $ 4303 $ 5808 Y4S9AA CDU88 1 $ 115 $ 185 $ 1518 $ 1818 VERNON, CA (50T" ST.) 5ST5AA RTR44 1 $ 480 $ 1025 $ 4303 $ 5808 5ST5AA CDU88 1 $ 115 $ 185 $ 1518 $ 1818 Information to be entered when assigning new agreement# to system. CATEGORY (circle one only) : L & P, G GENE , LICENSE AGREEMEN REDEVELOPMENT AGENCY 9 _© l # 1. Appro val date: z R � # 1 a. Agreement # #3. 0 #5. Effective Date: (if different from approval date) r Expiration Date: (if applicable) *41, Expiration Date: NONE AgrmntData CUSTOMER PREMISES EQUIPMENT (CPE) PURCHASE AND MAINTENANCE AGREEMENT CPE Purchase and Maintenance Agreement ("Agreement") Numbered CPEP-WE-98-083-0001, between MCI Telecommunications Corporation ("MCI"), a Delaware corporation, and CITY OF VERNON, ("Buyer"), located at 4305 SANTE FE AVENUE, VERNON, CA 90058, dated , 1998. MCI and Buyer agree as follows: 1. Purchase and Sale of CPE. MCI sells to Buyer and Buyer purchases from MCI the items of CPE and related cables and connectors identified on Schedule A, which is incorporated herein by reference, and any additional items of CPE ordered by Buyer and delivered by MCI prior to termination of this Agreement. 2. Term. This Agreement shall remain in effect until terminated by either party on not fewer than ninety (90) days' written notice. 3. Charges A. Buyer shall pay to MCI the purchase price, installation charges and shipping charges for the CPE and required cables and connectors at the prices set forth in Schedule A. Charges for additional items ordered and delivered shall be MCI's then prevailing published list prices. B. Buyer shall obtain and shall be responsible for any costs associated with all permits, licenses, taxes (exclusive of taxes based on net income or gross receipts of MCI) and other charges, including interest and penalties, imposed or required by any taxing or licensing authority arising out of this Agreement. C. Buyer shall pay MCI for maintenance service on an annual basis at the rates set forth in Schedule A, subject to revision as reflected in MCI's published price lists from time to time, as performed by MCI pursuant to the provision of this Agreement entitled "Maintenance." D. MCI shall invoice Buyer for all charges due under this Agreement. Invoices are payable net thirty (30) days after date of invoice. 4. Installation. MCI shall install the CPE at the installation sites designated on Schedule A and, as agreed by MCI, any additional sites designated for additional items of CPE. Buyer, at it own expense, shall provide suitable furnished space, a proper physical and electrical environment and a conveyance for the cables as specified by MCI. 5. Maintenance. MCI, its agents, contractors or suppliers will maintain the CPE, including investigation of trouble reports and repair or replacement (at MCI's option) of any item of CPE, cable or connector which fails to meet manufacturer's published operating specifications; provided that MCI may terminate maintenance services if the CPE no longer is used in conjunction with services MCI furnishes under MCI tariffs. The annual maintenance charge includes provision of appropriate spares and replacement of any item of CPE with one having like features and functionality at the discretion of MCI. 6. Access. Buyer shall provide MCI, its agents, contractors or suppliers with reasonable access to the installation sites and the CPE for purposes of installation, testing and maintenance. 7. Moves. Buyer shall not move or remove any item of CPE for which MCI is responsible for maintenance under this Agreement without MCI's consent. 8. Title and Risk of Loss. Title to each item of CPE shall remain with MCI until the entire purchase and related installation price is paid in full. After delivery of the CPE to the installation site and before title passes to Buyer, Buyer shall keep and use the CPE so as to avoid injury or damage thereto and shall pay the price in full for any item lost or damaged from any cause (unless solely or principally caused by MCI, its agents, contractors or suppliers). 9. Warranty. A. MCI will repair or replace any cable or connector that fails through no misuse or abuse by Buyer to remain in good working order for thirty days after installation date. Except for its maintenance obligations described under the Article entitled "Maintenance" and the foregoing cable and connector limited warranty, MCI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCI does not warrant that any item provided under this Agreement shall be free from any third party claims of infringement of any patent or other proprietary rights. B. MCI assigns to Buyer all rights it has or may acquire as an indemnitee under the patent and copyright indemnities the CPE manufacturers have given or may give to MCI or MCI's customers. 10. Limitation of Liability. A. IN NO EVENT SHALL MCI BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF AWARE OF THE POSSIBILITY THEREOF. B. MCI's liability for damages for breach of this Agreement or arising in any other respect out of this Agreement, regardless of the form of action, shall not exceed the price paid to MCI by Buyer for the item of CPE giving rise to the cause of action; provided, however, that the foregoing limitation shall not apply to personal injury, including death, caused by the willful misconduct of MCI. 11. Force Majeure. Neither party shall be deemed negligent, at fault or liable for any delay or failure in performance resulting from acts of God, war, accidents, labor disputes, strikes or any other cause not the fault of and beyond the reasonable control of the party delayed; provided, that the delayed party gives the other party prompt notice of the delay in sufficient detail to permit the notified party to minimize the effect of such delay. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without giving effect to its principles for choice of law. 13. Assignment. Buyer may not assign this Agreement without MCI's written consent and any attempted assignment not consented to shall be void. 14. Entire Agreement; Amendments. This Agreement contains the entire agreement between MCI and Buyer concerning its subject matter and supersedes all prior or contemporaneous agreements, representations, expressions or discussions, written or oral, courses of dealing, usages of trade or courses of performance under this or other agreements. This Agreement shall supersede all preprinted or other terms and conditions of any purchase order submitted by Buyer concurrently with or pursuant to or in connection with this Agreement. Amendments to this Agreement, with the exception of price revisions as stated above, shall be effective only if in writing and signed by the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. ACCEPTED AND AGREED TO: CITY OF VERNON By: Name: eonis C. M lburg Title: Mayor MCI TELECOMMUNICATIONS CORPORATION 0 Name: Title: Date: Date: ATTEST: Bruce V. Malkenhorst CPE Purchase Agreement for City Administrator APPROVED AS TO FORM: Contract Administration 7697/183 David B. Brearley, ty Attorney Page #1 of 2 EQUIPMENT SCHEDULE This equipment schedule is subject to the terms and conditions of the applicable MCI Customer Premises Equipment (CPE) Lease, Rental or Purchase agreement Wgreement m) executed by MCI and Customer. If no Agreement has been executed by the parties, this Equipment Schedule will have no effect. The terms and conditions of this Agreement and this Equipment Schedule shall control over the terms and conditions contained in any purchase order or similar document submitted to MCI by Customer. No changes to this Equipment Schedule are permitted unless each such change is accepted by MCI CPE Contract Administration. All prices are listed in U.S. Dollars. The prices contained herein are valid for 90 days from the date of this Equipment Schedule. Applicable Term Lease. Rental or Purchase Agreement # CPEP-WE-98-083-0001 CUSTOMER INFORMATION aa�aaaaaaaaaaaaaaaaaaaaa Company Name Contact: Billing Address City: VERNON CITY OF VERNON 4305 SANTE FE AVENUE Accepted and Agreed to: Customer Name: Print Name: CSC INFORMATION Name: SHELI BLEVINS Dept./Loc. Mail ID#: Telephone #: 213-625-3727 Vnet #: Address: City/State/Zip: Phone # : State: CA Zip Code: 90058 Title: INTERNAL USE COMS #: COMB Order #: Cust. Corp. ID #: Access Type: T-Carrier ID #: Required Install Date: ........................................................................................... Accepted and Agreed To: MCI Telecommunications Corporation Accepted by: Date: Page #2 of 2 PHYSICAL AND ELECTRICAL ENVIRONMENT SPECIFICATION FOR MCI CPE SPECIFICATIONS The following specifications set forth the physical and electrical environment required to accommodate the CPE listed in this Equipment Schedule. These specifications reflect a normal industrial office environment within the continental U.S.A., and are consistent with the requirements of the various CPE manufacturers. OPERATING TEMPERATURE +40 to +100 Degrees Fahrenheit Rate of change of temperature not to exceed 15 degrees Fahrenheit per hour OPERATING RELATIVE HUMIDITY 20% to 55% Relative Humidity - non -condensing AIR QUALITY Environment must be dust free, contamination free (no deposits, residue or other similar build up), and meet local building codes. ELECTRICITY PHASE NOMINAL MINIMUM MAXIMUM VOLTAGE Single 120 vac 96 vac 132 vac 1 -2 208/240 vac 176/204 vac 227/264 vac 3 208 vac 176 vac 229 vac 3 480 vac 408 vac 528 vac MCI provisioned CPE is sensitive electronic equipment. In areas where heavy industrial equipment is used and/or there are frequent electrical storms, it is desirable to provide electrical isolation for the CPE by using motor generators or UPS equipment. For an additional charge, MCI can provide back-up power protection or isolated power sources upon request. FREQUENCY- Normal Commercial Power AC INRUSH CURRENT Fuses and Circuit Breakers - capable of handling instantaneous inrush current 10 times the rated input steady state current. ELECTRICAL OUTLETS :--There must be dual or quad standard NEMA L5-15R 3 prong electrical outlets located within 6 feet of the MCI equipment racks for the exclusive use of the MCI provisioned CPE and MCI service technicians. Each receptacle must provide power that meets the specifications under #Electricity'm and must be powered on a 24 hours a day, 7 days a week basis. FLOOR SPACE - There must be sufficient floor space to accommodate the MCI racks and/or cabinets that contain the CPE, with unrestricted access of 3 feet or more around all units to accommodate the MCI service technicians and their test equipment. EQUIPMENT The equipment related to this agreement is shown below and on any attached continuation sheets. ITEM # Installation Site NETCOM ID# SOC Qty. Unit Install. Charge Unit Annual Maint. Charge Unit Purch. Charge Total Charge VERNON, CA (SANTE FE) Y4S9AA RTR44 1 $ 480 $ 1025 $ 4303 $ 5808 Y4S9Ap CDU88 1 $ 115 $ 185 $ 1518 $ 1818 VERNON, CA (50TI ST.) 5ST5AA RTR44 1 $ 480 $ 1025 $ 4303 $ 5808 5ST5AA CDU88 1 $ 115 $ 185 $ 1518 $ 1818