Resolution No. 7639.:.
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RESOLUTION NO. 7639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE PURCHASING AGENT TO PURCHASE
EQUIPMENT AND SUPPORT SERVICES FOR THE UPGRADING OF
THE CITY'S COMPUTER NETWORK AND APPROVING AND
AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE
CONTRACT BY AND BETWEEN THE CITY OF VERNON AND
NETWORK CATALYST, IN ACCORDANCE WITH SECTION 2.27(a)
OF THE VERNON CITY CODE
WHEREAS, the City is in need.of equipment and support
services to upgrade the City's computer network at City Hall; and
WHEREAS, the installation of the equipment will (i) connect
the fiber optics backbone running through the City to the City's
computer network, (ii) relocate the servers to provide higher speed
connection by all City Hall computer users to the servers, and (iii)
provide for future connections for fiber activity; and
WHEREAS, the Information System Division of the Utilities
Department advises that it has solicited quotes from three vendors to
supply the equipment and support services for the upgrading of the
City's computer network; and
WHEREAS, by letter dated September 20, 2000, Bruce V.
Malkenhorst, Director of Finance, advised that Network Catalyst
submitted the lowest quote for the necessary equipment and support
services; and
WHEREAS, the Finance Committee on September 26, 2000,
approved the recommendation of Bruce V. Malkenhorst, Director of
Finance, dated September 20, 2000, that the City purchase the
equipment and services from Network Catalyst; and
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I WHEREAS, the City Council of the City of Vernon has
2 determined that, pursuant to the provisions of subsection (a) of
3 Section 2.27 of the Vernon City Code, it is in the public interest and
4 necessity to proceed with the purchase of the equipment and services
5 necessary to upgrade the City's computer network and to enter into a
6 contract with Network Catalyst.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
8 CITY OF VERNON AS FOLLOWS:
9 SECTION 1: The City Council of the City of Vernon hereby
10 finds and determines that the recitals contained hereinabove are true
11 and correct.
12 SECTION 2: The City Council of the City of Vernon hereby
13 approves the Equipment Purchase Contract, a copy of which is attached
14 hereto as Exhibit "A" and made a part hereof.
15 SECTION 3: The City Council of the City of Vernon hereby
16 authorizes the Mayor and the City Clerk to execute said Contract for,
17 and on behalf of, the City of Vernon.
18 SECTION 4: The City Council of the City of Vernon hereby
19 directs the City Clerk, or his designee, to send a fully executed
20 Equipment Purchase Contract to:
21 Network Catalyst
22 Attn. Jim Baril, Account Manager
1370 Reynolds Avenue, #101
23 Irvine, CA 92614
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SECTION 5: 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 3rd day of October, 2000.
ATTES
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB G, Mayo
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7639, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, October 3.
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXHIBIT
Fj
1 EQUIPMENT PURCHASE CONTRACT
2
3 THIS CONTRACT is made, entered into and executed in duplicate originals, either copy
4 of which may be considered and used as the original hereof for all purposes, as of this _ day of
5
October, 2000, in the City of Vernon, County of Los Angeles,
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7 BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
8 4305 Santa Fe Avenue
Vernon, CA 90058
9
AND NETWORK CATALYST
10 (hereinafter referred to as the "Network
Catalyst")
11 1370 Reynolds Avenue, #101
Irvine, California 92614
12
13 WHEREAS, the City's Information System Division has determined that the City is in
14 need of necessary equipment for the upgrading of the City's network; and
15 WHEREAS, Network Catalyst prepared a Price Quotation dated September 7, 2000
16 (hereinafter the "Quotation"), a copy of which is attached hereto as Exhibit "A" and made a part hereof;
17 and
18 WHEREAS, Network Catalyst has advised the City that it can provide the equipment and
19 labor to install, configure, commission, train and maintain the upgraded network at the City as provided
20 for in the Quotation; and
21 WHEREAS, the City desires to enter into an agreement with Network Catalyst to provide
22 for the purchase, delivery, installation, configuration, commissioning, training and support of new
23 hardware and other services necessary to implement the Quotation; and
24 WHEREAS, Network Catalyst represents that it is qualified to perform such services under
25 this agreement.
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NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET.
FORTH HEREIN:
1. Purchase. Network Catalyst agrees to sell, deliver, install, configure,
commission, train and maintain the hardware for the City's network system as set forth in the Quotation
as described in the attached Exhibit "A."
2. Price. Consistent with the Quotation, Network Catalyst agrees to sell, deliver,
install, configure, commission, train and maintain the hardware for the network for the total sum of
Thirty Thousand Six Hundred Twenty -Six Dollars and No Cents ($30,626.00) plus freight and tax on
the equipment, as described below:
(a) Two Thousand Seventy Dollars and No Cents ($2,070.00) for the two
connectors connecting the fiber optics backbone running through the City to the City's computer
network, plus tax and freight;
(b) Twenty -Two Thousand Seventy Dollars and No Cents ($22,070.00) for the
Catalyst Chassis, switch and other miscellaneous parts needed to relocate the servers providing
connection to all City Hall computer users to the servers, plus tax and freight; and
(c) Six Thousand Four Hundred Eighty -Six Dollars and No Cents ($6,486.00)
for installation, configuration, commissioning, training and on-line maintenance support.
3. Payment Terms. The City agrees to pay Network Catalyst payments as
follows:
A $24,140.00 plus tax and freight will be due net thirty (30) days based
upon invoice date for shipment of equipment to the job site and the City's acceptance of the equipment.
B. Balance of the invoice amount will be invoiced upon final testing and
acceptance of the hardware by the City and will be due net thirty (30) days based upon invoice date.
4. Confidential Information.
A. Access to Confidential Information. The City may provide Network
Catalyst with, or allow Network Catalyst access to, certain information not available to the public
concerning, but not limited to the City, or businesses located in the City. The information may include,
but is not limited to, company information, taxes, sales, value of assets, utility usage, the Policy, or other
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I such information. All such information shall be known as "Confidential Information" and may not be
2 used to circumvent the responsibility of either party to this Agreement.
3 B. No Disclosure. Except as expressly permitted, Network Catalyst shall
4 not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other
5 means, any part of such Confidential Information to any other person or entity, whether corporate,
6 governmental, or individual, without the express prior written consent of an authorized representative of
7 the City. Network Catalyst shall return any written Confidential Information, and all copies made of
8 such items, to the City upon the City's written request, but in any event not later than the date that
9 Network Catalyst has performed all services to be performed pursuant to this Agreement. Network
10 Catalyst hereby agrees that such Confidential Information and any documents provided may be used by
11 Network Catalyst only as authorized by the City. Network Catalyst shall take reasonable measures to
12 avoid any disclosure of any such Confidential Information to any unauthorized person.
13 C. Court Ordered Disclosure. Network Catalyst shall immediately notify
14 the City of any court order or subpoena requiring disclosure of Confidential Information, and shall
15 cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may
16 only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after
17 legal counsel has exhausted any lawful and timely appeal or challenge.
18 D. Remedies. In addition to any other remedies that it may have at law or
19 in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent
20 jurisdiction against any breach or threatened breach of the Confidential Information provisions of this
21 Agreement. Network Catalyst acknowledges that in case of such breach or threatened breach of said
22 provisions, the City would have no adequate remedy at law.
23 5. Warranties. Network Catalyst shall provide, at a minimum, a one (1) year
24 labor and material warranty to begin upon acceptance of the completed system by the City. All
25 manufacturers' warranties, and any other warranties made applicable by law, shall apply to the City's
26 purchase of the above -referenced cabling system.
27 6. Changes and Extra Services. The City reserves the right to request changes in
28 the services to be performed by the Network Catalyst. All such changes shall be incorporated in written
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I change orders executed by the City and the Network Catalyst which shall specify the changes ordered
2 and the adjustment of compensation and completion time required thereof.
3 Any services added to the scope of this Contract by a change order shall be executed under
4 all applicable conditions of this Contract. No claim for additional compensation or extension of time
5 shall be recognized unless contained in a duly executed change order.
6 7. General Provisions.
7 A. Independent Contractor. At all times during the term of this Contract,
8 Network Catalyst shall be an independent contractor and shall not be an employee of the City. The City
9 shall have the right to control Network Catalyst only insofar as the results of Network Catalyst's
10 services rendered pursuant to this Contract; however, the City shall not have the right to control the
11 means by which Network Catalyst accomplishes services rendered pursuant to the Contract except to the
12 extent that such services involve the use of City property or Confidential Information.
13 B. Network Catalyst shall not be eligible for, nor claim any benefits under,
14 the Public Employee's Retirement System, State Unemployment Insurance, Disability Insurance,
15 Workers' Compensation Insurance, or other benefits through the City as such benefits are commonly
16 conferred upon employees of the City; provided, however, that nothing contained herein shall be
17 deemed to affect any benefits which may have accrued to the Network Catalyst while employed by any
18 other public or private employer, whether prior to or after the effective date of this Agreement.
19 C. Products of Consulting. All products of consulting services, including
20 but not limited to computer software, shall become the property of the City and shall be delivered to the
21 City before the end of the performance of this Agreement. Basic notes and sketches, charts,
22 computations and other data shall be made available to City without restriction or limitation on their
23 use.
24 D. Assigment and Subcontracting Prohibited. No party to this Agreement
25 may assign or subcontract any right or obligation pursuant to this Agreement except as provided for in
26 the Proposal or with the express written consent of the other party. Any other attempted or purported
27 assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
28 E. Network Catalyst Not Agent. Except as the City may specify in writing,
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Network Catalyst shall have no authority, express or implied, to act on behalf of the City in any capacity
whatsoever as an agent. Network Catalyst shall have no authority, expressed or implied, pursuant to this
Contract to bind the City to any obligation whatsoever.
F. Governing Law. The laws of the State of California shall govern the
rights, obligations, duties and liability of the parties to this Contract and shall also govern the
interpretation of this Contract.
G. Indemnification. Network Catalyst shall indemnify, defend, protect and
hold the City and its officers, agents and employees, free and harmless from and against any and all
claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs
and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense
arising out of the services performed under this Contract, except to the extent arising from or caused by
the sole negligence or willful misconduct of the City, its officers, agents or employees.
H. Comprehensive General and Automobile Insurance. Network Catalyst
agrees to provide insurance in the amounts and forms specified in Exhibit `B," which is attached hereto
and made a part hereof by reference. Comparable coverage shall be provided for each subcontractor
used in the performance of this Contract. Network Catalyst shall submit to the City documentation
indicating compliance with these minimum requirements no less than one (1) day prior to the beginning
of performance under this Contract. Network Catalyst shall not commence performance of its services
under this Contract until the above insurance has been obtained and proof of insurance has been filed
with and approved by the City.
I. Notices. Notices to the parties, unless otherwise requested in writing,
shall be sent to:
City:
Network Catalyst:
THE CITY OF VERNON
ATTN: DOLORES FONSECA, PURCHASING
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
NETWORK CATALYST
ATTN: JIM BARIL, ACCOUNT MANAGER
1370 REYNOLDS AVENUE, #101
IRVINE, CA 92614
I&IE
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8. Entire Agreement. This Contract is the entire agreement of the parties,
Network Catalyst represents that in entering into this Contract, it has not relied on any previous
representations or understandings of any kind or nature.
9. Benefit of Agreement. This Contract shall bind and benefit the parties hereto
and their heirs, successors, and permitted assigns.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and
through their authorized officers on the date, month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
M.
LE
Title:
Title:
CITY OF VERNON
LEONIS C. MALBURG, Mayor
NETWORK CATALYST
EXHIBIT
NETWORK CATALYST
Price Quotation
1370 Reynolds Ave. #101
Irvine, CA 92614
PH: 949-852-6660
FAX: 949-852-6665
09/07/00
Rev #4
Page 1 of 1
Att: Ali Nourmohamadian
City of Vernon Total page #1: $2,070
4305 Santa Fe Ave
Vernon, CA 90058
Tel: 32-583-8811
Fax: 323-583-1983
Line # oty Product Number Product Description Unit Price Extension
City Hall Server Farm
2 WS-G5486 t000BASE-LX/LH'long haul' GBIC (singlemode or multimode) $1,035 $2,070
Net: 30 Days i FOB: Irvine. CA.
Delivery: 3 - 4 weeks ARO
This quote is good for 15 days.
Sales tax and freight not included
Jim Barii I Account Manager
Network Catalyst
949-852.6660
Authorized Signature
All Nounnohamadian
Print Name
Print Title
I 1 00
Date
ti 1370 Reynolds Ave. #101
Irvine, CA 92614
PH: 949-852-6660
FAX: 949-852-6665
NETWORK CATALYST
09/07/00
Rev #4
Price Quotation Page 1 of 1
Att: Ali Nourmohamadian
City of .Vernon Total page #1: $22,070
4305 Santa Fe Ave
Vernon, CA 90058
Tel: 32-583-8811
Fax: 323-583-1983
Line # oty Product Number Product Description Unit Price Extension
City Hall Server Farm
1 WS-04006-S2 Catalyst 4000 Chassis (6-Siot),Suprvsr ll,(2)AC PS, Fans $8,277 $8,277
1 SC4K-SUP-5.5A Catalyst 4000 Supervisor Flash Image, Release 5.5(1) $0 $0
2 CAB-7KAC AC Power Cord North America $0 $0
1 WS-X4306-GB Catalyst 4000 Gigabit Ethernet Module, 6-Ports (GBIC) $2.067 $2,067
1 WS-X4232-1-3 Catalyst 4000 E/FE/GE L3 Module, 2-GE(GBIC),32-10/100 $10,347 $10,347
4 WS-G5484 1tmOBASE-SX "Short Wavelength" GBIC (Multimode only) $345 $1,380
Net: 30 Days / FOB: Irvine, CA.
Delivery. 3 - 4 weeks ARO
This quote is good for 15 days.
Sales tax and freight not included
Jim Baril i Account Manager
Network Catalyst
949-852.6660
Note: Estimated frieght $200
Estimated lead time is 3-4 weeks, Will try to improve delivery for customer With Cisco
Authorized Signature
Ali Nourmohamadian
Print Name
Print Title
i / 00
Oat���
NETWORK CATALYST
1370 Reynolds Ave. #101
Irvine, CA 92614
PH: 949.852-6660
FAX: 949-852-6665
09/07/00
Rev #4
Price Quotation Page 1 of 1
Att: Ali Nourmohamadian
City of Vernon Total page #1: $6,486
4305 Santa Fe Ave
Vernon, CA 90058
Tel: 32-583-8811
Fax: 323-583-1983
Line # Qty Product Number Product Description Unit Price Extension
Professional Services
NCIPS Network Catalyst professional services for installation
and configuration and over -the -shoulder training
NetWATCH service for hardware replacement
Benefits: 8 x 5 x Next Business Day via Shipment
1 NWsvc NetWATCH service for Cisco 4006
Net: 30 Days i FOB: Irvine, CA.
Delivery: 3 - 4 weeks ARO
This quote Is good for 15 days.
Sales tax and freight not Included
Jim Baril / Account Manager
Network Catalyst
949-952.6660
$3,973
$2,513 $2,513
Authorized Signature
Ali Nourmohamadian
Print Name
Print Title
/ 1 00
Date
EXHIBIT
III
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EXHIBIT B
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INSURANCE SCHEDULE (NETWORK CATALYST)
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4 Network Catalyst shall provide proof of insurance, within thirty (30) days of the full execution of this
Contract, including a standard certificate of insurance, in at least the following amounts and coverage
5 (combined single limit permitted):
6 I. Coverage and Limits
Bodily Inj= Property Damage
7 Hazards Each Person Each Accident Each Accident
8 Automobile Liability
9 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
10 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
11 Employers' Liability $1.000,000 per employer
12 II. General and Professional Liability
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General Liability $1,000,000 $2,000,000 $1,000,000
14 Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
15 Independent Contractors $1,000,000 $2,000,000 $1,000,000
16 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability $1,000,000 $2,000,000 $1,000,000
17 Professional Liability $2,000,000 $2,000,000 $2,000,000
18 a. The general liability policy shall contain the following special endorsements which shall be noted on
or attached to the standard certificate of insurance:
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1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
20 under the policy.
21 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
22 3. An endorsement providing coverage for all operations under this Contract.
4. Such other endorsement as may be required by addendum hereto.
23
b. In addition to the standard certificate of insurance, proof of general and professional liability
24 coverage shall be furnished in the form checked below. Certification of the following proofs by the
25 insurance agent or broker will not be accepted:
26 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
27 the signator is an officer authorized to so certify.
28 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT B
SUPPORTING
DOCUMENTS
CITY COUNCIL
-LEONIS C "MALBURG
,- I Mayor
THOMAS A. YBARRA
Mayor Pro -Ter
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, ORNIA 900 Police Chief
TELEPHO (3 - 11 FAX: (323) 583-5236
e , 2000
JP�
'( l t �
Finance Committee
City of Vernon
x�
Honorable Members: g
The Information System Division is in need of the necessary
equipment for the Upgrading of the Network. otut of t teethe
vendors, Network Catalyst submitted t
he necessary equipment and services and is as follows:
• Two connectors that will connect\the Fiber Optics
Backbone running through the City to the City`s Computer
Network at an approximate cost of $2,240.77 plus
freight.
• A Catalyst Chassis, a switch and other miscellaneous
parts needed to relocate the servers that will provide
connection to all City Hall computer users to the servers
at higher speed and allow future connections for fiber
activity at an approximate cost of $23,891.85 plus
freight.
• Installation of the above equipment plus configuration,
commissioning, training, and'on-line maintenance support
which includes immediate hardware replacement for any
part of the CIsco System at an approximate cost of
$6,486.00 no sales tax.
The Information System Division did not budget for the above
listed items but it does have sufficient funds for this project.
It is hereby recommended that the items necessary for the
Network Upgrading
Page 2
upgrading of the Network be purchased from Network Catalyst at
an approximate cost of $32,618.00 plus tax on the equipment.
Very truly yours,
.Bruce V. Malkenhorst
Director of Finance
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"NITI -� � 1 ��.
THIS CONTRACT is made, entered into and executed in duplicate originals, either copy
44,
of which may be considered and used as the original hereof for all purposes, as of this #day of
October, 2000, in the City of Vernon, County of Los Angeles,
BY AND BETWEEN
AND
THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
NETWORK CATALYST
(hereinafter referred to as the "Network
Catalyst")
1370 Reynolds Avenue, #101
Irvine, California 92614
WHEREAS, the City's Information System Division has determined that the City is in
need of necessary equipment for the upgrading of the City's network; and
WHEREAS, Network Catalyst prepared a Price Quotation dated September 7, 2000
(hereinafter the "Quotation"), a copy of which is attached hereto as Exhibit "A" and made a part hereof;
and
WHEREAS, Network Catalyst has advised the City that it can provide the equipment and
labor to install, configure, commission, train and maintain the upgraded network at the City as provided
for in the Quotation; and
WHEREAS, the City desires to enter into an agreement with Network Catalyst to provide
for the purchase, delivery, installation, configuration, commissioning, training and support of new
hardware and other services necessary to implement the Quotation; and
WHEREAS, Network Catalyst represents that it is qualified to perform such services under
this agreement.
I NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET.
2 FORTH HEREIN:
3 1. Purchase.- Network Catalyst agrees to sell, deliver, install, configure,
4 commission, train and maintain the hardware for the City's network system as set forth in the Quotation
5 as described in the attached Exhibit "A."
6 2. Ed . Consistent with the Quotation, Network Catalyst agrees to sell, deliver,
7 install, configure, commission, train and maintain the hardware for the network for the total sum of
8 Thirty Thousand Six Hundred Twenty -Six Dollars and No Cents ($30,626.00) plus freight and tax on
9 the equipment, as described below:
10 (a) Two Thousand Seventy Dollars and No Cents ($2,070.00) for the two
11 connectors connecting the fiber optics backbone running through the City to the City's computer
12 network, plus tax and freight;
13 (b) Twenty -Two Thousand Seventy Dollars and No Cents ($22,070.00) for the
14 Catalyst Chassis, switch and other miscellaneous parts needed to relocate the servers providing
15 connection to all City Hall computer users to the servers, plus tax and freight; and
16 (c) Six Thousand Four Hundred Eighty -Six Dollars and No Cents ($6,486.00)
17 for installation, configuration, commissioning, training and on-line maintenance support.
18 3. Payment Terms. The City agrees to pay Network Catalyst payments as
19 follows: -
20 A $24,140.00 plus tax and freight will be due net thirty (30) days based
21 upon invoice date for shipment of equipment to the job site and the City's acceptance of the equipment.
22 B. Balance of the invoice amount will be invoiced upon final testing and
23 acceptance of the hardware by the City and will be due net thirty (30) days based upon invoice date.
24 4. Confidential Information.
25 A. Access to Confidential Information. The City may provide Network
26 Catalyst with, or allow Network Catalyst access to, certain information not available to the public
27 concerning, but not limited to the City, or businesses located in the City. The information may include,
28 but is not limited to, company information, taxes, sales, value of assets, utility usage, the Policy, or other
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I such information. All such information shall be known as "Confidential Information" and may not be
2 used to circumvent the responsibility of either party to this Agreement.
3 B. No Disclosure. Except as expressly permitted, Network Catalyst shall
4 not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other
5 means, any part of such Confidential Information to any other person or entity, whether corporate,
6 governmental, or individual, without the express prior written consent of an authorized representative of
7 the City. Network Catalyst shall return any written Confidential Information, and all copies made of
8 such items, to the City upon the City's written request, but in any event not later than the date that
9 Network Catalyst has performed all services to be performed pursuant to this Agreement. Network
10 Catalyst hereby agrees that such Confidential Information and any documents provided may be used by
11 Network Catalyst only as authorized by the City. Network Catalyst shall take reasonable measures to
12 avoid any disclosure of any such Confidential Information to any unauthorized person.
13 C. Court Ordered Disclosure. Network Catalyst shall immediately notify
14 the City of any court order or subpoena requiring disclosure of Confidential Information, and shall
15 cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may
161 only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after
17 legal counsel has exhausted any lawful and timely appeal or challenge.
18 D. Remedi • In addition to any other remedies that it may have at law or
19 in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent
20 jurisdiction against any breach or threatened breach of the Confidential Information provisions of this
21 Agreement. Network Catalyst acknowledges that in case of such breach or threatened breach of said
22 provisions, the City would have no adequate remedy at law.
23 5. Warranties. Network Catalyst shall provide, at a minimum, a one (1) year
24 labor and material warranty to begin upon acceptance of the completed system by the City. All
25 manufacturers' warranties, and any other warranties made applicable by law, shall apply to the City's
26 purchase of the above -referenced cabling system.
27 6. Changes and Extra Services. The City reserves the right to request changes in
28 the services to be performed by the Network Catalyst. All such changes shall be incorporated in written
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1 change orders executed by the City and the Network Catalyst which shall specify the changes ordered
2 and the adjustment of compensation and completion time required thereof.
3 Any services added to the scope of this Contract by a change order shall be executed under
4 all applicable conditions of this Contract. No claim for additional compensation or extension of time
5 shall be recognized unless contained in a duly executed change order.
6 7. General Provisions.
7 A. Independent Contractor. At all times during the term of this Contract,
8 Network Catalyst shall be an independent contractor and shall not be an employee of the City. The City
9 shall have the right to control Network Catalyst only insofar as the results of Network Catalyst's
10 services rendered pursuant to this Contract; however, the City shall not have the right to control the
11 means by which Network Catalyst accomplishes services rendered pursuant to the Contract except to the
12 extent that such services involve the use of City property or Confidential Information.
13 B. Network Catalyst shall not be eligible for,.nor claim any benefits under,
14 the Public Employee's Retirement System, State Unemployment Insurance, Disability Insurance,
15 Workers' Compensation Insurance, or other benefits through the City as such benefits are commonly
16 conferred upon employees of the City; provided, however, that nothing contained herein shall be
17 deemed to affect any benefits which may have accrued to the Network Catalyst while employed by any
18 1 other public or private employer, whether prior to or after the effective date of this Agreement.
19 C. Products of Consulting. All products of consulting services, including
20 but not limited to computer software, shall become the property of the City and shall be delivered to the
21 City before the end of the performance of this Agreement. Basic notes and sketches, charts,
22 computations and other data shall be made available to City without restriction or limitation on their
23 use.
24 D. Assignment and Subcontracting Prohibited. No party to this Agreement
25 may assign or subcontract any right or obligation pursuant to this Agreement except as provided for in
26 the Proposal or with the express written consent of the other party. Any other attempted or purported
27 assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
28 E. Network Catalyst Not Agent. Except as the City may specify in writing,
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Network Catalyst shall have no authority, express or implied, to act on behalf of the City in any capacity
whatsoever as an agent. Network,Catalyst shall have no authority, expressed or implied, pursuant to this
Contract to bind the City to any obligation whatsoever.
F. Governine Law. The laws of the State of California shall govern the
rights, obligations, duties and liability of the parties to this Contract and shall also govern the
interpretation of this Contract.
G. Indemnification. Network Catalyst shall indemnify, defend, protect and
hold the City and its officers, agents and employees, free and harmless from and against any and all
claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs
and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense
arising out of the services performed under this Contract, except to the extent arising from or caused by
the sole negligence or willful misconduct of the City, its officers, agents or employees.
H. Co=rehensive General and Automobile Insurance. Network Catalyst
agrees to provide insurance in the amounts and forms specified in Exhibit "B," which is attached hereto
and made a part hereof by reference. Comparable coverage shall be provided for each subcontractor
used in the performance of this Contract. Network Catalyst shall submit to the City documentation
indicating compliance with these minimum requirements no less than one (1) day prior to the beginning
of performance under this Contract. Network Catalyst shall not commence performance of its services
under this Contract until the above insurance has been obtained and proof of insurance has been filed
with and approved by the City.
21
22 shall be sent to:
23 City:
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26 Network Catalyst:
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I. Notices. Notices to the parties, unless otherwise requested in writing,
THE CITY OF VERNON
ATTN: DOLORES FONSECA, PURCHASING
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
NETWORK CATALYST
ATTN: JIM BARIL, ACCOUNT MANAGER
1370 REYNOLDS AVENUE, #101
IRVINE, CA 92614
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8. Entire Agreement. This Contract is the entire agreement of the parties,
Network Catalyst represents that in entering into this Contract, it has not relied on any previous
representations or understandings of any kind or nature.
9. Benefit of Agreement. This Contract shall bind and benefit the parties hereto
and their heirs, successors, and permitted assigns.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and
through their authorized officers on the date, month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO
��7et� V
EDUARDO OLIVO, rty Attorney
CITY OF VERNON
By.
L ONIS C. MALBU ,Mayor
EXHIBIT
NETWORK CATALYST
Price Quotation
1370 Reynolds Ave. #101
Irvine, CA 92614
PH: 949-852.6660
FAX: 949-852-6665
09/07100
Rev #4
Pagel of 1
Att: Ali Nourmohamadian Total page #1: $2,070 .
City of Vernon
4305 Santa Fe Ave
Vernon, CA 90058
Tel: 32-583-8811
Fax: 323-583-1983
Line ti Qty Product Number Product Description Unll Price tension
Ex
City Hall Server Farm
2 WS-G5486 t000BASE-LXILH °long haur GBIC (singlemode or muftimode) $1,035 $2,070
Net: 30 Days I FOB: Irvine, CA.
Delivery: 3 -4 weeks ARO
This quote is good for 15 days.
Sales tax and freight not included
Jim Baril I Account Manager
Network catalyst
949-852.6660
Authorized Signature
All Nourmohamadian
Print Name
Print Title
00
Date
NETWORK CATALYST
Price Quotation
Aft: All Nourmohamadian
City of Vernon
4305 Santa Fe Ave
Vernon, CA 90058
Tel: 32-583-8811
Fax: 323-583-1983
1370 Reynolds Ave. #101
Irvine, CA 92614
PH: 949-852-6660
FAX: 949-852-6665
09/07/00
Rev #4
Page 1 of 1
Total page #1: $22.070
Product oescription
unit Price
Extension
Line # Qry
Product Number
City Hall Server Farm
1
WS-04006-S2
Catalyst 4000 Chassis (6-Siot),Suprvsr Ii,(2)AC PS, Fans
77
$8,2S0
$8,277
$0
1
SC4K SUP-5.5.1
Catalyst 4000 Supervisor Flash Image. Release 5.5(1)
$0
$0
2
CAB-7KAC
AC Power Cord North America
$2,067
$2,067
1
WS-X4306-GB
Catalyst 4000 Gigabit Ethernet Module, 6-Ports (GBIC)
47
$$1,3,308
Catalyst 4000 EIFE/GE L3 Module, 2-GE(GBIC),32-10/100
$1 347
1
WS-X4232-L3
"Short Wavelength" GBIC (MuNimode only)
$345
4
WS-G5484
1QOOBASE-SX
Net: 30 Days / FOB: Irvine, CA.
Delivery: 3 - 4 weeks ARO
This quote is good for 15 days.
Sales tax and freight not Included
Note: Estimated frieght $200
Estimated lead time is 3-4 weeks, will try to improve delivery for customer with Cisco
Authorized Signature
All Nourrnohamadian
Print Name
Print Title
Jim Baril / Account Manager / 100
Network Catalyst .
Date
949-852.6660
NETWORK CATALYST
Price Quotation
1370 Reynolds Ave. #101
Irvine, CA 92614
PH: 949-852-6660
FAX: 949-852-6665
09/07/00
Rev #4
Page 1 of 1
Att: All Nourmohamadian Total page #1: $6,486
City of Vernon
4305 Santa Fe Ave
Vernon, CA 90058
Tel: 32-583-8811
Fax:323-583-1983
Line t# Qty Product Number Product Description unit Price Extension
NCIPS
1 NWsvc
Net: 3o Days I FOB: Irvine, CA.
Delivery: 3.4 weeks ARO
This quote Is good for 15 days.
Sales tax and freight not Included
Jim Barn I Account Manager
Network Catalyst
949.852-6660
Professional Services
Network Catalyst professional services for installation
and configuration and over -the -shoulder training
NetWATCH service for hardware replacement
Benefits: a x 5 x Next Business Day via Shipment
NetWATCH service for Cisco 4006 $2,513
r
Authorized Signature
All Nourrnohamadian
Print Name
Print Title
I 100
Date
$3,973
$2,513
EXHIBIT
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INSURANCE SCHEDULE (NETWORK CATALYST)
Network Catalyst shall provide proof of insurance, within thirty (30) days of the full execution of this
Contract, including a standard certificate of insurance, in at least the following amounts and coverage
(combined single limit permitted):
Coveraize and
Hazards Each Per•Each Accident,Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non Owned Automobiles $ 500,000 $1 000 000 $ 500,000
Workers# Compensation $ Statutory
Employers' Liability $1 000,000 per employer
Il. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000,000
Contract Liability
Professional Liability
$2 000 000
$2,000,000
$2 000.000
a. The general liability policy shall contain the following special endorsements which shall be noted on
or attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Contract.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability
coverage shall be furnished in the form checked below. Certification of the following proofs by the
insurance agent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
the signator is an officer authorized to so certify.
A copy of each policy certified by an officer of the underwriter or carrier and notarized
EXHIBIT B