Resolution No. 76681
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RESOLUTION NO. 7668
A RESOLUTION OF THE CITT COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EQUIPMENT PURCHASE CONTRACT BY AND BETWEEN THE
CITY OF VERNON AND COMMUNICATIONS SUPPLY
CORPORATION FOR THE CITY'S FIBER OPTIC SYSTEM AND
RATIFYING THE ISSUANCE OF A PURCHASE ORDER
WHEREAS, on November 7, 2000, the City Council of the City of
Vernon adopted Resolution No. 7654 approving an amendment to the
contract with VCI Telcom, Inc. ("VCI Telcom") because VCI Telcom was
unable to provide the necessary fiber optic cable for the construction
of the City's Utilities I Communication System, Phases II, III and IV;
I and
WHEREAS, on November 21, 2000, the City Council of the City
of Vernon adopted Resolution No. 7663 approving a contract with Anicom
Multimedia Wiring Systems, Inc. ("Anicom") to provide 80,000 feet of
fiber optic cable by December 1, 2000, to enable VCI Telcom to proceed
with its contract with the City; and
WHEREAS, Anicom has notified the City of Vernon that it is
unable to provide the necessary fiber optic cable and desires to
terminate its contract with the City; and
WHEREAS, the Utilities Department staff was able to find only
one vendor, Communications Supply Corporation ("Communications
Supply"), that was capable of providing the necessary quality fiber
optic cable meeting the City's specifications by December 21, 2000, to
enable VCI Telcom to proceed with its contract with the City; and
WHEREAS, there is a shortage of supply of fiber optic cable
in the market; and
1 WHEREAS, the Utilities Department needed to purchase 81,736
2 feet of fiber optic cable for delivery as soon as possible'in order to
3 ensure the completion of the fiber optic system; and
4 WHEREAS, Communications Supply has agreed to sell and deliver
S the fiber optic cable to the City for the sum of Three Hundred Twenty-
6 One Thousand Two Hundred Twenty -Two Dollars and Forty -Eight Cents
7 ($321,222.48), plus shipping and tax; and
8 WHEREAS, in order to meet the urgent need for fiber optic
9 cable, the City Administrator authorized the Finance Department to
10 issue a Purchase Order, subject to ratification by the City Council,
11 and
12 WHEREAS, the City Council desires to approve and ratify the
13 issuance of'a Purchase Order; and
14 WHEREAS, by letter dated November 29, 2000, Bruce V.
15 Malkenhorst, City Administrator/City Clerk, recommended that an
16 Equipment Purchase Contract with Communications Supply be entered into;
17 and
18 WHEREAS, the City Council finds that, based upon the above,
19 Communications Supply is the only qualified vendor able to provide the
20 services and supplies necessary for the quality fiber optic cable; and
21 WHEREAS, the City Council of the City of Vernon has determined
22 that, pursuant to the provisions of Subsection (a) of Section 2.27 of
23 the Vernon City Code, it is in the public interest and necessity to
24 proceed with the purchase of quality fiber optic cable for the fiber
25 optic system and to enter into an agreement with Communications Supply.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
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JOF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
Ifinds and determines that the recitals contained hereinabove are true
land 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 a: The City Council of the City of Vernon hereby
approves the Equipment Purchase Contract with Communications Supply, 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 I Clerk to execute said Contract for,
and on behalf of, the City of Vernon.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
lContract to:
Communications Supply Corporation
Attn: Henry Cohen, Vice President
6400 Artesia Boulevard
Buena Park, CA 90620
SECTION 6: 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 5th day of December, 2000.
ATT S
BRUCE V. MALKENHORST, City Clerk
LEONIS C. M��L �GMaor
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1 STATE OF CALIFORNIA j
2 ) ss
COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7668, 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, December 5,
8 2000, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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2 BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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I EQUIPMENT PURCHASE CONTRACT
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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 December; 2000, in the City of Vernon, Countyof Los Angeles,
b BY AND BETWEEN THE CITY OF VERNON (hereinafter
7 referred to as the "City")
4305 Santa Fe Avenue
8 Vernon, CA 90058
9 AND COMMUNICATIONS SUPPLY
CORPORATION (hereinafter referred to as
10 the "Communications Supply")
6400 Artesia Boulevard
11 Buena Park, CA 90620
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, Communications Supply has advised the City that it can provide the City with fiber
15 optic cable that meets the City's specifications; and
16 WHEREAS, the City desires to enter into an agreement with Communications Supply to provide
17 for the purchase and delivery of the f ber optic cable.
18 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH
19 HEREIN:
20 1. 1 Purchase. Communications Supply agrees to sell and deliver to the City eighty-one
21 thousand seven hundred thirty-six (81,736) feet of fiber optic cable that meets the specifications set
22 forth in Exhibit "A" which is attached hereto and incorporated herein by reference. The cable ends shall
23 be sealed with heat -shrinkable end caps to protect the ends from damage during shipping.
24 2, Deliygz, Communications Supply shall deliver the fiber optic cable to the City of
25 Vernon Warehouse, 4305 Santa Fe Avenue, Vernon California, F.O.B. no later than December 21, 2000.
26 if the fiber optic cable is not delivered by that date, the City shall have the option of canceling this
27 Agreement in order to proceed with the purchase of the cable from another supplier. Communications
28 Supply shall have a representative present and available at the time of delivery for visual inspection of
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the product.
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 performance test results.
In the event that the test results reveal that the fiber optic cable does not meet the City's and the
manufacturer's preliminary 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. Communications Supply shall be
responsible for all costs that may be incurred in connection with returning such cable.
4. R. Communications Supply agrees to sell and deliver the fiber optic cable for three
dollars and ninety-three cents ($3.93) per foot, or a total of three hundred twenty-one thousand two
hundred twenty-two dollars and forty-eight cents ($321,222.48), plus shipping and tax.
5. Pa vent Terms. The City agrees to pay Communications Supply 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 Communications Supply.
6. Warranties. Communications Supply and the manufacturer shall provide, at a minimum,
a ten (10) 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,
Communications Supply shall be an independent contractor and shall not be an employee of the City.
The City shall have the right to control Communications Supply only insofar as the results of
Communications Supply's services rendered pursuant to this Agreement; however, the City shall not
have the right to control the means by which Communications Supply accomplishes services rendered
pursuant to the Agreement except to the extent that such services involve the use of City property or
confidential information.
B. Assignment m—dSubcontracting Prohibited. -No party to this -Agreement may
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I assign or subcontract any right or obligation pursuant to this Agreement or with the express written
2 consent of the other party. Any other attempted or purported assignment of any right or obligation
3 pursuant to this Agreement shall be void and of no effect.
4 C. Communications Supply -Not. Agent. Except as the City may specify in writing,
5 Communications Supply shall have no authority, express or implied, to act on behalf of the City in any
6 capacity whatsoever as an agent. Communications Supply shall have no authority, expressed or implied,
7 pursuant to this Contract to bind the City to any obligation whatsoever.
8 D. Governing Law. The laws of the State of California shall govern the rights,
9 obligations, duties and liability of the parties to this Contract and shall also govern the interpretation of
10 this Contract.
11 ` E. Indemnification. Communications Supply shall indemnify, defend, protect and
12 hold the City and its officers, agents and employees, free and harmless from and against any and all
13 claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs
14 and expenses incurred in connection therewith, including reasonable attorneys fees and costs of defense
15 arising out of or attributable to the negligent or wrongful acts of Communications Supply or its
16 ` subcontractors, employees or agents in the performance of services under this Agreement, except to the
17 extent arising from or caused by the sole negligence or willful misconduct of the City, its officers,
18 agents or employees.
19 F. Insurance. Communications Supply shall maintain automobile liability insurance
20 coverage in an amount approved by the City Administrator's office throughout the term of the Contract.
21 G. Notices. Notices to the parties, unless otherwise requested in writing, shall be
22 sent to:
23 City: THE CITY OF VERNON
ATTN: CITY ADMINISTRATOR
24 4305 SANTA FE AVENUE
25 VERNON, CA 90058-0805
26 Communications Supply: COMMUNICATIONS SUPPLY CORPORATION
ATTN: HENRY COHEN, VICE PRESIDENT
27 6400 ARTESIA BOULEVARD
28 BUENA PARK, CA 90620
Ism
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8. Entire A=ement. This Contract is the entire agreement of the parties, Communications
Supply 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
CITY OF VERNON
LEONIS C. MALBURG, Mayor
COMMUNICATIONSLY ORPORATION
By: Q��a
Title: 1 V t4J-0cal
By:
Title:
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CITY OF VERNON
UTILITIES DEPARTMENT
OPS FIBER OPTIC CABLE SPECMCATION
Single -mode All Dielectric Optical Fiber
96 strand - Outside Plant
Larose Tube -12 Fiber Per Tube
Cladding diameter:
125+/ 1.0 urn
Dispersion:
Zero dispersion wavelength:
1301.5 - 1321.5 nm
Zero dispersion slope:
Less than or equal to 0.092 ps/(nnr2.km)
Cladding non -circularity:
Less than 1.0%
Core -clad concentricity:
Less than or equal to 0.6 um
Mode -field diameter:
9.3 +/- 0.50 um at 1310, nm
10.50 +/-1.0 um at 1550 nm
Cable cutoff wavelength:
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 +I- 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:
-40 C - +85 C
Mechanical Characteristics:
Tensile strength- 3000N
Crush strength: 1000N/100mm
Outer Jacket: Medium Density polyethylene (MDPE)
Fiber shall be manufactured by the outside vapor deposition (OVD) process.
October 16, 2000
Page 1 of 1
EXHIBIT A
Fiber Spec.
SUPPORTING
DOCUMENTS
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
November 30, 2000
Mr. Henry Cohen, Vice President
Communications Supply Corporation
6400 Artesia Boulevard
Buena Park, CA 90620
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
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
py
Re: Equipment Purchase Contract For Fiber Optic Cable
Dear Mr. Cohen:
Enclosed please find two duplicate originals of the
aforementioned Contract which needs to be signed by the
appropriate parties and returned to the City, to the attention
of Judy Lehr, Legal'Department, by Monday, December 4, 2000.
The Contract is scheduled to be considered by the Council at its
meeting on December 5, 2000.
Once the originals are executed by the City, one fully
executed original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
Requirements for City Agreements" and comply with the
requirements set forth for your company.
I thank you for your cooperation regarding this matter.
Very truly yours,
Eduardo Olivo
City Attorney
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OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: December 6, 2000
TO: Dolores Fonseca, Purchasing Assistant
FROM: Gloria J. Oroso_e'Kii'ef Deputy City Clerk
RE: Resolution No.7668
Transmitted herewith is a copy of the Resolution No. 7668, which was
approved by Vernon City Council on December 5, 2000.
The originals of the Resolution NO. 7668 are being retained in this
office for our files.
Thank you.
GJO/mt
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: December 14, 2000
TO: Kenneth DeDario, Director of Utilities
Dolores Fonseca, Purchase Assistant
FROM: Gloria J. Or4&1 Chief Deputy City Clerk
RE: Resolution No. 7668 & Equipment Purchase Contract
Transmitted herewith is a fully executed copy of the above mentioned
resolution and contract by and between the City of Vernon and
Communications Supply Corporation for the City's Fiber Optic System,
which was approved by the City Council on December 5, 2000.
The originals are being retained in this office for our files.
Thank you.
GJO/mt