Resolution No. 77151
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
RESOLUTION NO. 7715
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EQUIPMENT PURCHASE CONTRACT BY AND BETWEEN THE
CITY OF.VERNON AND ECONOLITE CONTROL PRODUCTS, INC.
FOR VIDEO DETECTION SYSTEM TO IMPLEMENT TRAFFIC
SYNCHRONIZATION PROJECT
WHEREAS, the Community Services & Water Department of the
City of Vernon has determined that, in order to implement Contract No.
552, Traffic Signal Synchronization Project on Santa Fe Avenue and Soto
Street, a video detection system is needed that is compatible with the
new TS-2 traffic signal controller cabinets being installed and which
utilizes a communication interface; and
WHEREAS, since the Community Services & Water Department
determined that it would be more costly to proceed through the
contractor for such a system, staff sought informal quotes for the
installation, set-up and training on a video detection system; and
WHEREAS, the Community Services & Water Department received
two quotations, one from Econolite Control Products, Inc. in the sum
of One Hundred Ten Thousand Five Hundred Dollars and No Cents
($110,500.00), taxes and freight not included, and one from Synchronex
in the sum of Eighty -One Thousand One Hundred Eighty Dollars and No
Cents ($81,180.00), taxes and wiring not included; and
WHEREAS, the bid of Synchronex was for an Odetics video
detection system which does not have a communication interface, which
is needed for the City's project; and
WHEREAS, the Community Services & Water Department advises
that that Econolite Control Products, Inc. is the only vendor who can
provide a video detection system that meets the Department's
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
specifications and requirements; and
WHEREAS, on March 6, 2001, the Finance Committee approved they!
recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated March 1, 2001, that the City purchase the video detection
system from Econolite Control Products, Inc.; 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 enter into a contract with Econolite Control Products,
Inc. for the purchase of a video detection system to implement Contract
No. 552, Traffic Signal Synchronization.
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 Equipment Purchase Contract with Econolite Control
Products, Inc., a copy of which is attached hereto as Exhibit "A" and
made a part hereof.
SECTION 3: 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.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Contract to:
Econolite Control Products, Inc.
Attn. Ritchie G. Cleveland
3360 East La Palma Avenue
Anaheim, CA 92806
- 2 -
1
2
3',
4''
5
6
7
8
9'
10
11
12
13
14 III
15
16 III,
17
18
19
20 II,
21
22
23
24
25
26
27
28
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 7th day of March, 2001.
IATTEST:
BRUCE V. MALKENHORST, City Clerk
G J
LEONIS C. MALB G, Mayo
- 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
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.
7715, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 7,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 4 -
EXHIBIT
A"
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
EQUIPMENT PURCHASE CONTRACT
THIS CONTRACT is made, entered into and executed in duplicate originals, either copy
of which may be considered and used as the original hereof for all purposes, as of this _ day of
March, 2001, in the City of Vernon, County of Los Angeles,
BY AND BETWEEN
W 0I17i
THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
ECONOLITE CONTROL PRODUCTS,
INC.
(hereinafter referred to as the "Econolite")
3360 East. La Palma Avenue
Anaheim, California 92806
WHEREAS, the City's Department of Community Services & Water has determined that
the City is in need of a video detection system to work with the new TS-2 traffic signal controller
cabinets being installed on Santa Fe Avenue to implement Contract No. 552, Traffic Signal
Synchronization Project, at twenty (20) locations on Santa Fe Avenue; and
WHEREAS, Econolite prepared a Quotation dated February 12, 2001 (hereinafter the
"Quotation"), a copy of which is attached hereto as Exhibit "A" and made a part hereof; and
WHEREAS, Econolite has advised the City that it can provide an Autoscope SOLO PRO
Video Detection System using video cameras, communications interface panel and Mini Hub TS-2
detector rack interface card as provided for in the Quotation; and
WHEREAS, the City desires to enter into an agreement with Econolite to provide for the
purchase and delivery of the Autoscope SOLO PRO Video Detection System at twenty (20)_ locations on
Santa Fe Avenue, the installation in existing new cabinets and detector set-up assistance in the field and
eight-(8) hour training class for Traffic Engineer and up to four (4) others; and an Autoscope SOLO 4
MVP communications interface panel and Mini Hub TS-2 detector rack card for 25 h/26 h Streets and
I Santa Fe; and
WHEREAS, Econolite represents that it is qualified to perform such services under this
I Contract.
2
3
4
5
6
7
8
9
10
11
12I
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1. Purchase. Econolite agrees to sell and deliver twenty (20) Autoscope SOLO
PRO Zoom Lens Color Video Detection Systems, including SOLO Color MVP with zoom lens,
communications interface panel, Mini Hub TS-2 detector rack interface card, camera mounting bracket,
60 foot twisted pair camera cable and cabinet communications cables, and one (1) Autoscope SOLO 4
MVP communications interface panel and Mini Hub TS-2 detector rack card for 25 h/26t' Streets and
Santa Fe as part of the City's Traffic Signal Synchronization Project on Santa Fe Avenue, as set forth in
the Quotation as described in the attached Exhibit "A." Econolite further agrees to install the Systems
in existing new cabinets, provide detector set-up assistance in the field and provide an eight (8) hour
training class for the City's Traffic Engineer and up to four (4) other people.
2. Price. Consistent with the Quotation, Econolite agrees to sell and deliver the
Systems and install, set-up and train on the System for the total sum of One Hundred Ten Thousand Five
Hundred Dollars and No Cents ($110,500.00) plus tax and freight.
3. Payment Terms. The City agrees to pay Econolite progress payments as
follows:
A. Ninety percent (90%) after shipment of the equipment and acceptance
of the equipment by the City, calculated as a percent of the total invoice that is due and payable to
Econolite thirty (30) days after City's receipt of the invoice.
B. Balance of the invoice amount will be invoiced upon final testing and
completion of setup and training of the City and will be due thirty (30) days after City's receipt of an
invoice.
C. If Econolite cannot, through no fault of its own, complete the setup
and training provided for in Subsection B above within five (5) months from the date the equipment is
shipped to the City and accepted by the City, the City will pay the remaining ten percent (10%) of the
Contract price within thirty (30) days of receiving an invoice. Econolite will still be required to
complete the final testing and setup and training of the City.
-2-
1 4. Confidential Information.
2 A. Access to Confidential Information. The City may provide Econolite
3 with, or allow Econolite access to, certain information not available to the public concerning, but not
4 limited to the City, or businesses located in the City. The information may include, but is not limited to,
5 company information, taxes, sales, value of assets, utility usage, or other such information. All such
6 information shall be known as "Confidential Information" and may not be used to circumvent the
7 responsibility of either party to this Contract.
8 B. No Disclosure. Except as expressly permitted, Econolite shall not
9 disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other
10 means, any part of such Confidential Information to any other person or entity, whether corporate,
11 governmental, or individual, without the express prior written consent of an authorized representative of
12 the City. Econolite shall return any written Confidential Information, and all copies made of such items,
13 to the City upon the City's written request, but in any event not later than the date that Econolite has
14 performed all services to be performed pursuant to this Contract. Econolite hereby agrees that such
15 Confidential Information and any documents provided may be used by Econolite only as authorized by
16 the City. Econolite shall take reasonable measures to avoid any disclosure of any such Confidential
17 Information to any unauthorized person.
18 C. Court Ordered Disclosure. Econolite shall immediately notify the City
19 of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate
20 with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only
21 disclose Confidential Information required to be disclosed pursuant to court order or subpoena after
22 legal counsel has exhausted any lawful and timely appeal or challenge.
23 D. Remedies. In addition to any other remedies that it may have at law or
24 in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent
25 jurisdiction against any breach or threatened breach of the Confidential Information provisions of this
26 Contract. Econolite acknowledges that in case of such breach or threatened breach of said provisions,
27 the City would have no adequate remedy at law.
28 5. Warranties. Econolite shall provide, at a minimum, a two (2) year parts and
-3-
I labor warranty to begin upon acceptance of the equipment and computer hardware and software by the
2 City. All manufacturers' warranties, and any other warranties made applicable by law, shall apply to the
3 City's purchase of the above -referenced equipment and computer hardware and software.
4 6. General Provisions.
5 A. Independent Contractor. At all times during the term of this Contract,
6 Econolite shall be an independent contractor and shall not be an employee of the City. The City shall
7 have the right to control Econolite only insofar as the results of Econolite's services rendered pursuant
8 to this Contract; however, the City shall not have the right to control the means by which Econolite
9 accomplishes services rendered pursuant to the Contract except to the extent that such services involve
10 the use of City property or Confidential Information.
11 B. Econolite shall not be eligible for, nor claim any benefits under, the
12 Public Employee's Retirement System, State Unemployment Insurance, Disability Insurance, Workers'
13 Compensation Insurance, or other benefits through the City as such benefits are commonly conferred
14 upon employees of the City; provided, however, that nothing contained herein shall be deemed to affect
15 any benefits which may have accrued to the Econolite while employed by any other public or private
16 employer, whether prior to or after the effective date of this Contract.
17 C. Products of Consulting. All products of consulting services, including
18 but not limited to computer software, shall become the property of the City and shall be delivered to the
19 City before the end of the performance of this Contract. Basic notes and sketches, charts, computations
20 and other data shall be made available to City without restriction or limitation on their use:
21 D. Assignment and Subcontracting Prohibited. No party to this Contract
22 may assign or subcontract any right or obligation pursuant to this Contract except as provided for in the
23 Proposal or with the express written consent of the other party. Any other attempted or purported
24 assignment of any right or obligation pursuant to this Contract shall be void and of no effect.
25 E. Econolite Not Agent. Except as the City may specify in writing,
26 Econolite shall have no authority, express or implied, to act on behalf of the City in any capacity
27 whatsoever as an agent. Econolite shall have no authority, expressed or implied, pursuant to this
28 Contract to bind the City to any obligation whatsoever.
4-
I F. Governing Law. The laws of the State of California shall govern the
2 rights, obligations, duties and liability of the parties to this Contract and shall also govern the
3 interpretation of this Contract.
4 G. Indemnification. Econolite shall indemnify, defend, protect and hold the
5 City and its officers, agents and employees, free and harmless from and against any and all claims,
6 demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and
7 expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense
8 arising out of or attributable to the negligent or wrongful acts of Econolite or its subcontractors,
9 employees or agents in the performance of services under this Contract, except to the extent arising from
10 or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees.
11 H. Insurance. Econolite agrees to provide insurance in the amounts and
12 forms specified in Exhibit "B," which is attached hereto and made a part hereof by reference.
13 Comparable coverage shall be provided for each subcontractor used in the performance of this Contract.
14 Econolite shall submit to the City documentation indicating compliance with these minimum
15 requirements no less than one (1) day prior to the beginning of performance under this Contract.
16 Econolite shall not commence performance of its services under this Contract until the above insurance
17 has been obtained and proof of insurance has been filed with and approved by the City.
18 I. Notices. Notices to the parties, unless otherwise requested in writing,
19 shall be sent to:
20 City: THE CITY OF VERNON
ATTN: DOLORES FONSECA, PURCHASING
21 CITY ADMINISTRATOR
22 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
23 Econolite: ECONOLITE CONTROL PRODUCTS, INC.
24 ATTN: RITCHIE G. CLEVELAND
3360 EAST LA PALMA AVENUE
25 ANAHEIM, CA 92806
26 7. Entire Agreement. This Contract is the entire agreement of the parties,
27 Econolite represents that in entering into this Contract, it has not relied on any previous representations
28 or understandings of any kind or nature.
IWE
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
8. 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
Un
CITY OF VERNON
LEONIS C. MALBURG, Mayor
ECONOLITE CONTROL PRODUCTS, INC.
Title: aA�
sm
C
=ECONOLITE
CONTROL PRODUCTS, INC.
Dolores Fonseca
City of Vernon
4305 Santa Fe Ave
Vernon, CA. 90058-1786
Solving Tomorrow's Traffic Problems ... Today
Quotation
February 12, 2001
Project Name / Subject:
AUTOSCOPE SOLO PRO VIDEO DETECTIO
Phone: 323-583-8811
Fax:323-588-2761
IWe are offering the following products at prices and conditions set forth on this form.
We will provide a complete Autoscope SOLO PRO Video Detection System at 20 locations on Santa
Fe Street meeting all of the requirements and specifications supplied. The SOLO Video Detection
System is the only system which is a single camera system and uses the industry standard TCP1P
communications protocol and uses an IP address in a network configuration that allows the user to
communicate to any single SOLO unit from anywhere on the network. These SOLO PRO cameras,
will also interface with the 3 existing Autoscope SOLO cameras at Santa Fe & 25/th/26th Street.
Item Qty Description
Unit Price Extended Price
1 20 Autoscope SOLO PRO Zoom Lens Color Video
$5,400.00 $108,000.00
Detection Systems. Includes SOLO Color MVP with
zoom lens, communications interface panel, Mini Hub TS-2
detector rack interface card, camera mounting bracket, 60
foot twisted pair camera cable and cabinet communications
cables. Also included is installation in existing new
cabinets and detector set-up assistance in the field.
In addition, although not in the specifications, included will
be an 8 hour training class for the Traffic Engineer and up
to 4 others.
2 1 OPTION: Autoscope SOLO 4 MVP communications
$2,500.00 $2,500.00
interface panel and Mini Hub TS-2 detector rack card for
25th/26th Streets and Santa Fe. Required to connect the.
existing Autoscope SOLO cameras to the new system.
QUOTE TOTAL
$110,500.00
Terms:
Net 30 Days
Delivery:
4 to 6 Weeks ARO
Freight:
Not Included, Prepaid & Charged
F.O.B.:
Anaheim, CA.
Taxes:
Not Included
Quote valid
for 60 days.
Ritchie Cleveland, Sales Representative
Econolite Control Products, Inc. - 3360 E. La Palma Ave. - Anaheim, CA. 92806
Phone (714) 630 3700 x240 / Fax (714) 630-6349
e-mail: rcievelandC3a econolite.com
1
I EXHIBIT B
2 INSURANCE SCHEDULE (ECONOLITE)
3 Econolite shall provide proof of insurance, within thirty (30) days of the full execution of this Contract,
4 including a standard certificate of insurance, in at least the following amounts and coverage (combined
single limit permitted):
5
I. Coverage and Limits
6 Bodily Injury . Property Damage
Hazards Each Person Each Accident Each Accident
7
8 Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
9 Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
10 Workers' Compensation $ Statutory
I Employers' Liability $1,000,000 per employer
12 II. General and Professional Liability
13 General Liability $1,000,000 $2,000,000 $1,000,000
Premises Operations $1,000,000 $2,000,000 $1,000,000
14 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
15 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
16 Contract Liability $1,000,000 $2,000,000 $1,000,000
Professional Liability $2,000,000 $2,000,000 $2,000,000
17
a. The general liability policy shall contain the following special endorsements which shall be noted on
18 or attached to the standard certificate of insurance:
19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
20 under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
21 reduction of coverage.
3. An endorsement providing coverage for all operations under this Contract.
22 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
insurance agent or broker will not be accepted:
25
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
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
March 29, 2001
Econolite Control Products, Inc.
Attn: Ritchier G. Cleveland
3360 East La Palma Avenue
Anaheim, CA 92806
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
Re: Equipment Purchase Contract/Video Detection System
Dear Mr. Cleveland:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Transmitted herewith is an original copy of an Equipment Purchase
Contract By and Between the City of Vernon and Econolite Control
Products, Inc., approved by Vernon City Council on March 7, 2001.
If you have any questions regarding this matter, please call Samuel
Kevin Wilson, Director of Community Services and Water, at 323/583-8811
ext. 245.
Very ruly yours
oria J. 0 s /
Chief Depu City Clerk
GJO:ng
CC: Kevin Wilson
Dolores Fonseca
µ ` 77
rgreement F11e io. 01-011
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAELMCCORMICK
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
Econolite Control Products, Inc.
Attn: Ritchier G. Cleveland
3360 East La Palma Avenue
Anaheim, CA 92806
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
March 13, 2001
Re: Equipment Purchase Contract/Video Detection System
Dear Mr. Cleveland:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583--1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
An Equipment Purchase Contract was approved by the Vernon City Council
on March 7, 2001.
In accordance with Section 6.H. of said agreement, you are to furnish
the City with proof of insurance at least one day prior to commencing
work.
Please submit your proof of insurance to Joan Francone, Risk Manager,
for review and approval. Upon receipt of said documentation this office
will forward to you a fully executed duplicate original contract.
If you should have any questions please contact Joan Francone, at ext.
322.
Very truly yours
i
Glor�ia� rosco
Chief eputy City Clerk
GJO:ng
CC: Joan Francone
Dolores Fonseca
Contract File No. 01-011
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: March 29, 2001
TO: Dolores Fonseca, Purchasing Assistant
FROM: Gloria Orozel-,Qhief Deputy City Clerk
RE: Resolution No. 7715
Transmitted herewith are copies of Resolution No. 7715 and
the Equipment Purchase Contract By and Between the City of
Vernon and Econolite Control Products, Inc., for a Video
Detection System.
The insurance requirement has been satisfied, reviewed, and
approved by the Risk Manager.
GJO:ng
CC: Kevin Wilson
Agreement File No. 01-011