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Resolution No. 7663x 1 1 RESOLUTION NO. 7663 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF 4 AN EQUIPMENT PURCHASE CONTRACT BY AND BETWEEN THE 5 CITY OF VERNON AND ANICOM MULTIMEDIA WIRING SYSTEMS, INC. FOR THE CITY'S.FIBER OPTIC SYSTEM AND 6 RATIFYING THE ISSUANCE OF A PURCHASE ORDER 7 WHEREAS, on November 7, 2000, the City Council of the City of 8 Vernon adopted Resolution No. 7654 approving an amendment to the 9 contract with VCI Telcom, Inc. ("VCI Telcom") because VCI Telcom was 10 unable to provide the necessary fiber optic cable for the construction 11 of the City's Utilities Communication System, Phases II, III and IV; 12 and 13 WHEREAS, the Utilities Department staff was able to find only 14 one vendor, Anicom Multimedia Wiring Systems, Inc. ("Anicom"), that was 15 capable of providing the necessary quality fiber optic cable meeting 16 the City's specifications by December 1, 2000, to enable VCI Telcom to 17 proceed with its contract with the City; and 18 WHEREAS, the Utilities Department needed to purchase 80,000 19 feet of fiber optic cable for delivery as soon as possible in order to 20 ensure the completion of the fiber optic system; and 21 WHEREAS, Anicom has agreed to sell and deliver the fiber optic 22 cable to the City for the sum of Four Hundred Thousand Dollars and No 23 Cents ($400,000.00), plus tax; and 24 WHEREAS, in order to meet the urgent need for fiber optic 25 cable, the City Administrator authorized the Finance Department to 26 issue a Purchase Order, subject to ratification by the City Council; 27 and 28 WHEREAS, the City Council desires to approve and ratify the 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 issuance of a Purchase Order; and WHEREAS, by letter dated November 15,.2000, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that an Equipment Purchase Contract with Anicom be entered into; and WHEREAS, the City Council finds that, based upon the above, Anicom is the only qualified vendor able to provide the services and supplies necessary for the quality fiber optic cable; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of Subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to proceed with the purchase of quality fiber optic cable for the fiber optic system and to enter into an agreement with Anicom. 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, authorizes and ratifies the issuance of a Purchase Order for the purchase of fiber optic cable for the fiber optic system. SECTION 3: The City Council of the City of Vernon hereby approves the Equipment Purchase Contract with Anicom, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Contract for, and on behalf of, the City of Vernon. - 2 - ` e 1 SECTION 5: The City Council of the City of Vernon hereby 2 directs the City Clerk, or his designee, to send one fully executed 3 Contract to: 4 Anicom Multimedia Wiring Systems, Inc.. 5 Attn: Dylen Wannop, Data Sales Manager 1140 California Avenue 6 Corona, CA 91719 7 SECTION 6: The City Clerk of the City of Vernon shall certify 8 to the passage of this resolution, and thereupon and thereafter the 9 same shall be in full force and effect. 10 APPROVED AND ADOPTED this 21St day of November, 2000. 11 12 G 13 LEONIS C. MAL URG, M or ATTES 14 15, BRUCE V. MALKENHORST, City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - T l STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 1, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7663, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Tuesday, November 21, 8 2000, and thereafter was duly signed by the Mayor of the City of 9 Vernon. 10 11 BRUCE V. MALKENHORST, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 - EXHIBIT 1 EQUIPMENT PURCHASE CONTRACT 2 3 THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of 4 which maybe considered and used as the original hereof for all purposes, as of this _ day of 5 November, 2000, in the City of Vernon, County of Los Angeles, 6 BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 7 4305 Santa Fe Avenue Vernon, CA 90058 8 AND ANICOM MULTIMEDIA WIRING 9 SYSTEMS, INC. (hereinafter referred to as the "Anicom") 10 1140 California Avenue Corona, CA 91719 11 12 WHEREAS, the City is in the process of constructing its fiber optic system; and 13 WHEREAS, the City requires quality fiber optic cable for the fiber optic system; and 14 WHEREAS, Anicom has advised the City that it can provide the City with fiber optic cable that 15 meets the City's specifications; and 16 WHEREAS, the City desires to enter into an agreement with Anicom to provide for the purchase 17 and delivery of the fiber optic cable. 18 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH 19 HEREIN: 20 1 chase. Anicom agrees to sell and deliver to the City eighty thousand (80,000) feet of 21 1 fiber optic cable that meets the specifications set forth in Exhibit "A" which is attached hereto and 22 incorporated herein by reference. The cable ends shall be sealed with heat -shrinkable end caps to 23 protect the ends from damage during shipping. Anicom shall also provide two meters of extra cable in a 24 drum that may be utilized by the City for testing purposes. 25 2. Delix=. Anicom shall deliver the fiber optic cable to the City of Vernon Warehouse, 26 4305 Santa. Fe Avenue, Vernon California, F.O.B. no later than December 1, 2000. If the fiber optic 27 cable is not delivered by that date, the City shall have the option of canceling this Agreement in order 28 to proceed with the purchase of the cable from another supplier. 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171I 18I 19' 20 21 22 23 24 25 26 27 28 3. Testing. The City shall have seventy-two (72) hours after the delivery of the fiber optic cable in order to assure that it meets the specifications set forth in Exhibit "A." The City's acceptance of the fiber optic cable shall be contingent upon the City's verification of the test results. In the event that the test results reveal that the fiber optic cable does not meet the City's specifications or the City identifies any shipping damages, or other damage to the fiber optic cable, the City shall have the option of rejecting the entire shipment, rejecting only the damaged fiber optic cable or accepting the entire shipment. Anicom shall be responsible for all costs that may be incurred in connection with returning such cable. 4. Price. Anicom agrees to sell and, deliver the fiber optic cable for five dollars ($5.00 ) per foot, or a total of four hundred thousand dollars ($400,000), plus tax. 5. Payment Terms. After delivery of the fiber optic cable and acceptance by the City, Anicom shall invoice the City. The City agrees to pay Anicom for the full amount of the fiber optic cable within thirty (30) days after the City's testing and acceptance of the cable and the City's receipt of an invoice from Anicom. 6. Warranties. Anicom and the manufacturer shall provide, at a minimum, a two (2) year material warranty to begin upon acceptance of the cable by the City. All manufacturers' warranties, and any other warranties made applicable by law, shall apply to the City's purchase of the fiber optic cable. 7. General Provisions. A. Independent Contractor. At. all times during the term of this Agreement, Anicom shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control Anicom only insofar as the results of Anicom's services rendered pursuant to this Agreement; however, the City shall not have the right to control the means by which Anicom accomplishes services rendered pursuant to the Agreement except to the extent that such services involve the use of City property or confidential information. B. Assiam__ent and Subcontracting Prohibited. No party to this Agreement may assign or subcontract any right or obligation pursuant to this Agreement or with the express written consent of the other party. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. -2 1 C. Anicom Not Agent. Except as the City may specify in writing, Anicom shall 2 have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an 3 agent. Anicom shall have no authority, expressed or implied, pursuant to this Contract to bind the City 4 to any obligation whatsoever. 5 D. Governing Law. The laws of the State of California shall govern the rights, .6 obligations, duties and liability of the parties to this Contract and shall also govern the interpretation of 7 this Contract. 8 E. Indemnification. Anicom shall indemnify, defend, protect and hold the City and 91 its ,officers, agents and employees, free and harmless from and against any and all claims, demands, 10 losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and expenses 11 incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of 12 or attributable to the negligent or wrongful acts of Anicom or its subcontractors, employees or agents in 13 the performance of services under this Agreement, except to the extent arising from or caused by the 14 sole negligence or willful misconduct of the City, its officers, agents or employees. 15 F. Insurance. Anicom shall maintain automobile liability insurance coverage in an 16 amount approved by the City Administrator's office throughout the term of the Contract. 17 G. Notices. Notices to the parties, unless otherwise requested in writing, shall be 18 sent to: 19 City: THE CITY OF VERNON ATTN: CITY ADMINISTRATOR 20 4305 SANTA FE AVENUE 21 VERNON, CA 90058-0805 22 Anicom: ANICOM MULTIMEDIA WIRING SYSTEMS, INC. 1140 California Avenue 23 Corona, CA 91719 24 8. Entire Agmmol. This Contract is the entire agreement of the parties, Anicom 25 represents that in entering into this Contract, it has not relied on any previous representations or 26 understandings of any kind or nature. 27 9. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their 28 heirs, successors, and permitted assigns. -3 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. CITY OF VERNON By: LEONIS C. MALBURG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney LN OMrYS LTIMEDIA WIRING TEMS, INC .. -4- EXHIBIT CITY OF VERNON UTILITIES DEPARTMENT OPS FIBER OPTIC CABLE SPECIFICATION Single -mode All Dielectric Optical Fiber 144 strand - Outside Plant Loose Tube -12 Fiber Per Tube Cladding diameter: 125+/- 1.0 um Dispersion: Zero dispersion wavelength: 1301.5 - 1321.5 mn Zero dispersion slope: Less than or equal to 0.092 ps/(nm2.km) Cladding non -circularity: Less than 1.0% Core -clad concentricity: Less than or equal to 0.6 um Mode -field diameter Cable cutoff wavelength: 9.3 +/- 0.50 um at 1310nm 10.50 +/- 1.0 um at 1550 nm Less than 1260 mn Attenuation: Less than or equal to 0.40 at 1310 nm Less than or equal to 0.30 at 1550 mu Attenuation at 1383 +/- 3 nm shall not exceed 2.1 dB/km Attenuation uniformity: There shall be no point discontinuity greater than 0.10 dB at either 1310 nm or 1550 mn. Environmental Performance: -40 C - +85 C Mechanical Characteristics: Tensile strength: 3000N Crush strength: 1000N/100mm Outer Jacket: Medium Density polyethylene (MOPE) Dark color Fiber shall be manufactured by the outside vapor deposition (OVD) process. October 16, 2000 Page 1 of 1 Fiber Spec. EXHIBIT "A" SUPPORTING DOCUMENTS r v 1 EQUIPMENT PURCHASE CONTRACT 2 3 THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of 4 which may be considered and used as the original hereof for all purposes, as of this _ day of 5 November, 2000, in the City of Vernon, County of Los Angeles, 6 BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 7 4305 Santa Fe Avenue Vernon, CA 90058 8 AND ANICOM MULTIMEDIA WIRING 9 SYSTEMS, INC. (hereinafter referred to as the "Anicom") 10 1140 California Avenue Corona, CA 91719 11 12 WHEREAS, the City is in the process of constructing its fiber optic system; and 13 WHEREAS, the City requires quality fiber optic cable for the fiber optic system; and 14 WHEREAS, Anicom has advised the City that it can provide the City with fiber optic cable that 15 meets the City's specifications; and 16 WHEREAS, the City desires to enter into an agreement with Anicom to provide for the purchase 17 and delivery of the fiber optic cable. 18 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH 19 HEREIN: 20 1. Purchase. Anicom agrees to sell and deliver to the City eighty thousand (80,000) feet of 21 fiber optic cable that meets the specifications set forth in Exhibit "A" which is attached hereto and 22 incorporated herein by reference. The cable ends shall be sealed with heat -shrinkable end caps to 23 protect the ends from damage during shipping. Anicom shall also provide two meters of extra cable in a 24 drum that may be utilized by the City for testing purposes. 25 2. Delivery. Anicom shall deliver the fiber optic cable to the City of Vernon Warehouse, 26 4305 Santa Fe Avenue, Vernon California, F.O.B. no later than December 1, 2000. If the fiber optic 27 cable is not delivered by that date, the City shall have the option of canceling this Agreement in order 28 to proceed with the purchase of the cable from another supplier. 1 3. Testing. The City shall have seventy-two (72) hours after the delivery of the fiber optic 2 cable in order to assure that it meets the specifications set forth in Exhibit "A." The City's acceptance 3 of the fiber optic cable shall be contingent upon the City's verification of the test results. In the event 4 that the test results reveal that the fiber optic cable does not meet the City's specifications or the City 5 identifies any shipping damages, or other damage to the fiber optic cable, the City shall have the option 6 of rejecting the entire shipment, rejecting only the damaged fiber optic cable or accepting the entire 7 shipment. Anicom shall be responsible for all costs that may be incurred in connection with returning 8 such cable. 9 4. Price. Anicom agrees to sell and deliver the fiber optic cable for five dollars ($5.00 ) per 10 foot, or a total of four hundred thousand dollars ($400,000), plus tax. 11 5. Payment Terms. After delivery of the fiber optic cable and acceptance by the City, 12 Anicom shall invoice the City. The City agrees to pay Anicom for the full amount of the fiber optic 13 cable within thirty (30) days after the City's testing and acceptance of the cable and the City's receipt of 14 an invoice from Anicom. 15 6. Warranties. Anicom and the manufacturer shall provide, at a minimum, a two (2) year 16 material warranty to begin upon acceptance of the cable by the City. All manufacturers' warranties, and 17 any other warranties made applicable by law, shall apply to the City's purchase of the fiber optic cable. 18 7. General Provisions. 19 A. Independent Contractor. At all times during the term of this Agreement, Anicom 20 shall be an independent contractor and shall not be an employee of the City. The City shall have the 21 right to control Anicom only insofar as the results of Anicom's services rendered pursuant to this 22 Agreement; however, the City shall not have the right to control the means by which Anicom 23 accomplishes services rendered pursuant to the Agreement except to the extent that such services 24 involve the use of City property or confidential information. 25 B. Assignment and Subcontracting Prohibited. No party to this Agreement may 26 assign or subcontract any right or obligation pursuant to this Agreement or with the express written 27 consent of the other party. Any other attempted or purported assignment of any right or obligation 28 pursuant to this Agreement shall be void and of no effect. -2- f I C. Anicom Not Agent. Except as the City may specify in writing, Anicom shall 2 have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an 3 agent. Anicom shall have no authority, expressed or implied, pursuant to this Contract to bind the City 4 to any obligation whatsoever. 5 D. Governing Law. The laws of the State of California shall govern the rights, 6 obligations, duties and liability of the parties to this Contract and shall also govern the interpretation of 7 this Contract. 8 E. Indemnification. Anicom shall indemnify, defend, protect and hold the City and 9 its officers, agents and employees, free and harmless from and against any and all claims, demands, 10 losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and expenses 11 incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of 12 or attributable to the negligent or wrongful acts of Anicom or its subcontractors, employees or agents in 13 the performance of services under this Agreement, except to the extent arising from or caused by the 14 sole negligence or willful misconduct of the City, its officers, agents or employees. 15 F. Insurance. Anicom shall maintain automobile liability insurance coverage in an 16 amount approved by the City Administrator's office throughout the term of the Contract. 17 G. Notices. Notices to the parties, unless otherwise requested in writing, shall be 18 sent to: 19 City: THE CITY OF VERNON ATTN: CITY ADMINISTRATOR 20 4305 SANTA FE AVENUE 21 VERNON, CA 90058-0805 22 Anicom: ANICOM MULTIMEDIA WIRING SYSTEMS, INC. 1140 California Avenue 23 Corona, CA 91719 24 8. Entire Agreement. This Contract is the entire agreement of the parties, Anicom 25 represents that in entering into this Contract, it has not relied on any previous representations or 26 understandings of any kind or nature. 27 9. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their 28 heirs, successors, and permitted assigns. -3- 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 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 CITY OF VERNON By: LEONIS C. MALB RG, Ma or Ifl T 1.9 -4- EXHIBIT VA& CITY OF VERNON UTILITIES DEPARTMENT OPS FIBER OPTIC CABLE SPECIFICATION Single -mode All Dielectric Optical Fiber 144 strand - Outside Plant Loose Tube -12 Fiber Per Tube Cladding diameter: 125+/- 1.0 um Dispersion: Zero dispersion wavelength: 1301.5-1321.5 nm Zero dispersion slope: Less than or equal to 0.092 ps/(nm2.km) Cladding non -circularity: Less than 1.0% Core -clad concentricity: Less than or equal to 0.6 um Mode -field diameter. - Cable cutoff wavelength: 9.3 +/- 0.50 um at 1310 nm 10.50 +/- 1.0 um at 1550 nm Less than 1260 nm Attenuation: Less than or equal to 0.40 at 1310 nm Less than or equal to 0.30 at 1550 nm Attenuation at 1383 +/- 3 nm shall not exceed 2.1 dB/km Attenuation uniformity: There shall be no point discontinuity greater than 0.10 dB at either 1310 nm or 1550 nm. Environmental Performance: Mechanical Characteristics: Outer Jacket: -40 C - +85 C Tensile strength: 300ON Crush strength: 1000N/100mm Medium Density polyethylene (MDPE) Dark color Fiber shall be manufactured by the outside vapor deposition (OVD) process. October 16, 2000 Page 1 of 1 Fiber Spec. EXHIBIT "A"