Resolution No. 77303
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 7730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO THE REVERSE 911 INTERACTIVE
NOTIFICATION SYSTEM LICENSE AGREEMENT
WHEREAS, on December 19, 2000, the City Council of the City
of Vernon adopted Resolution No. 7678 approving and authorizing the
execution of a REVERSE 911 Interactive Notification System License
Agreement ("Agreement") with Sigma Communications, Inc. ("Sigma"); and
WHEREAS, Sigma's technical installation staff has notified
the City of Vernon that, despite previous verification by a Sigma
employee of the compatibility of the REVERSE 911 System with the
City's existing telephone system, activation of the REVERSE 911 System
would severely disrupt the existing telephone system; and
WHEREAS, the City of Vernon desires to install a new
telephone system that is compatible with the REVERSE 911 System; and. —
WHEREAS, Sigma is willing to hold the REVERSE 911 System and
defer payment until the City installs a new telephone system and
notifies Sigma to deliver the REVERSE 911 System; and
WHEREAS, Exhibits "B" and "D" of the Agreement needs to be
amended to reflect the new delivery schedule and new invoice date and
payment terms; and
WHEREAS, in accordance with Section C14.0 of the Agreement,
the City of Vernon and Sigma desire to amend the Agreement to
incorporate the aforementioned changes; and
WHEREAS, by letter dated March 14, 2001, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that an
amendment to the Agreement be approved and executed.
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
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 Amendment No. One to the REVERSE 911 System Purchase
Agreement and License with Sigma, 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 Amendment 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
Amendment to:
Sigma Communications, Inc.
Attn. Jim Jones
6720 Parkdale Place
Indianapolis, IN 46254
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 4th day of April, 2001.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
L
LLE_ONIS C. URG, M yor
- 2 -
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.
7730, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, April 4,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
0
1 AMENDMENT NO. ONE TO THE
REVERSE 911 INTERACTIVE NOTIFICATION
2 SYSTEM LICENSE AGREEMENT
3
4 THIS AMENDMENT NO. ONE TO THE REVERSE 911 INTERACTIVE
5 NOTIFICATION SYSTEM LICENSE AGREEMENT (the "Amendment") is made,
6 entered into and executed in duplicate originals, either copy of which
7 may be considered and used as the original hereof for all purposes, as
8 of this day of March, 2001.
9 BY AND BETWEEN THE CITY OF VERNON,'a municipal
10 corporation (hereinafter referred to
as the "Licensee")
11 4305 Santa Fe Avenue
Vernon, California 90058
12
AND SIGMA COMMUNICATIONS, INC.
13 (hereinafter referred to as "Sigma")
14 6720 Parkdale Place
Indianapolis, Indiana 46254
15
16 RECITALS
17 WHEREAS, Licensee and Sigma are parties to a REVERSE 911
18 System License Agreement dated December 19, 2000 (hereinafter referred
19 to as the "License") with respect to an automated telephone calling
20 system employed during emergencies to notify residents and businesses
21 in a specified geographic area of evaluation procedures; and
22 WHEREAS, prior to entering into the License, Licensee was
23 assured that its existing telephone system was compatible with the
24 REVERSE 911 System equipment ordered; and
25 WHEREAS, Sigma was to ship and invoice the REVERSE 911
26 System within 60 days of receipt of the executed License; and
27 WHEREAS, on or about January 29, 2001, the fully executed
28 License was mailed to Sigma; and
1 WHEREAS, prior to the installation of the equipment, Sigma's
2 technical staff determined that activation of the REVERSE 911 System
3 would severely disrupt the Licensee's current telephone system; and
4 WHEREAS, Sigma has acknowledged that its prior assessment of
5 the integration of the systems was incorrect and will cooperate with
6 the Licensee to rectify the situation; and
7 WHEREAS, Licensee needs to install a new telephone system
8 that is compatible with the REVERSE 911 System and, therefore, has
9 returned the shipment of the REVERSE 911 System components and issued
10 a stop payment on the processing of the check issued to Sigma; and
11 WHEREAS, Exhibit "B" and Exhibit "D" of the License needs to
12 be amended to reflect a new delivery schedule and a new invoice date
13 and payment terms; and
14 WHEREAS, in accordance with Section C14.0 of the License,
15 the Licensee and Sigma desire to amend the License to incorporate the
16 aforementioned changes.
17 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
18 THE PARTIES HERETO AGREE AS FOLLOWS:
19 SECTION 1: Exhibit "B" of the License entitled "Invoice
20 Date and Payment Terms," is hereby amended to read as follows:
21 Sigma will send customer an invoice on or about
22 sixty (60) days from written notification from the
23 Licensee of the installation of a new telephone
24 system. Payment is due in full upon receipt of
25 invoice.
26 SECTION 2: Exhibit "D" of the License entitled "Delivery
27 Schedule," is hereby amended to read as follows:
28 The REVERSE 911 System as defined in Exhibits A and
- 2 -
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
F will be shipped within 60 days following date of
written notification from the Licensee of
installation of new telephone system.
SECTION 3: In all other respects, the terms and conditions
of the License shall be renewed in its entirety.
IN WITNESS WHEREOF, Licensee and Sigma have executed this
Amendment as of the date first hereinabove set forth.
I ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City At ney
By:
CITY OF VERNON
LEONIS C. MALBURG, Mayor
SIGMA COMYRKICATIONS, INC.
By:
y W. Doster
Title: esident
By:
Alber gsenkamp
Title: Chairman
- 3 -
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
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
April 17, 2001
Sigma Communications, Inc.
Attn: Jim Jones
6720 Parkdale Place
Indianapolis, IN 46254
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Re: Amendment One to the Reverse 911 Interactive Notification System
License Agreement
Dear Mr. Jim Jones:
Transmitted herewith is an original copy of a fully executed Amendment
One to the Reverse 911 Interactive Notification System License Agreement
approved by the Vernon City Council at their meeting held April 4, 2001.
If you have any questions regarding this matter, please call Lewis
Pozzebon, Director of Environmental Health, at 323/583-8811 ext. 229.
Very truiy yours,
Sr i,a J. 0 oo
Chief Depu City Clerk
GJO:ng
cc: Lewis Pozzebon
Agreement File No. 01-022