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Resolution No. 7811
t 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 W. RESOLUTION NO. 7811 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 COMSERCO COMMUNICATIONS, INC. WHEREAS, the Fire Department of the City of Vernon has requested that the City purchase seven (7) laptop computers and other necessary parts to implement Phase I of a Mobile Data Computer System ("System") allowing the automatic transfer of emergency information from dispatch to the computers on certain vehicles; and WHEREAS, the City is proposing to implement the System in two', phases, with the first phase consisting of the purchase, installation, testing and activation of the necessary hardware, software and cellular digital packaging components of the System, and the second phase consisting of the integration of the features into a citywide geographic information system project; and WHEREAS, the City's staff has determined that the purchase, installation and activation of the System is a highly technical process requiring knowledge and experience with the hardware, software and cellular digital packaging elements of the System; and WHEREAS, ComSerCo Communications, Inc. ("ComSerCo") has installed and implemented Systems for many agencies, including the City of Los Angeles, the County of Los Angeles, Orange County and Newport Beach, and has a working knowledge of the software and cellular digital packaging system currently used by the Vernon Police Department; and WHEREAS, the Fire Department advises that ComSerCo is a full service vendor that can provide the equipment and services to meet the. 4 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I[:o 17 WE 19 20 21 22 23 24 25 26 27 28 department's specifications and requirements regarding the System; and WHEREAS, ComSerCo submitted a proposal to the City that includes a description of the proposed equipment and a cost estimate; Iand WHEREAS, on July 24, 2001, the Finance Committee recommended that the City Council approve the recommendation of Bruce V. Malkenhorst, the Director of Finance, dated July 19, 2001, that the seven (7) laptop computers be purchased at an approximate cost of Seventy -Seven Thousand Six Hundred Thirty -Seven Dollars and Eighty -Nine Cents ($77,637.89) and that an equipment purchase agreement be entered into with ComSerCo; 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 ComSerCo Communications, Inc. for the purchase of the seven (7) laptop computers and parts to implement Phase I of the System. 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 land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Equipment Purchase Contract with ComSerCo Communications, 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, - 2 - 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 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: ComSerCo Communications, Inc. Attn. Jerry Moskal 2020 Iowa Riverside, CA 92507 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 22"d day of August, 2001. (ATTEST: IBRUCE V. MALKENHORST, City Clerk F EONIS C. MAL8URG, May r - 3 - 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 7811, was duly adopted by the City Council of the City of Vernon at an 7 adjourned regular meeting of the City Council duly held on Wednesday, 8 August 22, 2001, and thereafter was duly signed by the Mayor of the 9 City of 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 V4& 1 EQUIPMENT PURCHASE CONTRACT 2 3 THIS CONTRACT is made, entered into and executed in duplicate 4 originals, either copy of which may be considered and used as the 5 original hereof for all purposes, as of this f�day of August 2001, 6 in the City of Vernon, County of Los Angeles, California 7 BY AND BETWEEN The City of Vernon (hereinafter referred to as the "City") 8 4305 Santa Fe Avenue Vernon, CA 90058 9 AND ComSerCo Communications, Inc. 10 (hereinafter referred to as "ComSerCo") 11 2020 Iowa 12 Riverside, CA 92507 13 RECITALS 14 WHEREAS, the City is in the process of implementing Phase I 15 of a Mobile Data Computer System,(the "System") to allow the automatic 16 transfer of emergency information from dispatch to computers on 17 vehicles operated by the City Fire Department's engine companies, truck 18 company, Battalion Chief and the Fire Chief; and 19 WHEREAS, the City's Fire Department has determined that the 20 City needs to purchase and install seven (7) laptop computers with 21 parts to implement one part of Phase I of the System; and 22 WHEREAS, ComSerCo has prepared a Quotation (hereinafter the 23 "Quotation"), a copy of which is attached hereto as Exhibit "A" and 24 incorporated herein by reference. 25 WHEREAS, ComSerCo has advised the City that it can provide 26 the City with and install the seven (7) laptop computers, together with 27 all the necessary computer hardware, accessories, parts as provided for 28 in the Quotation that meets the City's specifications; and 1 WHEREAS, the City desires to enter into an agreement with 2 ComSerCo to provide for the purchase, delivery, installation and 3 testing of the seven (7) laptop computers, together with all the 4 necessary computer hardware, accessories and parts and installation; 5 and 6 WHEREAS, ComSerCo represents that it is qualified and capable 7 of providing the equipment described in Exhibit "A" that the City 8 requires and is willing to do so on the terms and conditions set forth 9 below. 10 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 11 FORTH HEREIN: 12 1. Purchase. 13 ComSerCo agrees to sell, deliver, install and test the 14 equipment as set forth and described in detail in the attached Exhibit 15 "A" and to perform the services outlined in the attached "Scope of 16 Work" which is attached hereto as Exhibit "B" and incorporated herein 17 by reference. In the event of a conflict between the Quotation or 18 Scope of Work and this Contract, the terms of this Contract shall 19 prevail. 20 2. Time of Performance. 21 ComSerCo's performance as identified herein shall commence 22 upon the signing of this Contract and shall be completed by ComSerCo, 23 unless terminated or extended. 24 3. Price. 25, ComSerCo agrees to sell, deliver, install and test the 26 equipment described in its Quotation in the total amount of Seventy- 27 Seven Thousand Six Hundred Thirty -Seven Dollars and Eighty -Nine Cents 28 ($77,637.89)., This price includes the equipment, installation, 2 1 shipping charges, and sales tax. 2 4. Payment Terms. 3 The City agrees to pay ComSerCo progress payments as follows: 4 Three payments will be made to ComSerCo as follows: thirty-five percent 5 (35%) of the total purchase price or $27,173.00; thirty-five percent 6 (35%) or $27,173.00; and thirty percent (30%) or $231291.89. The first 7 payment will be made upon ordering the equipment. The second payment 8 will be due upon notification from ComSerCo that all equipment has been 9 received by ComSerCo; that the equipment has been staged, connected and 10 tested in order to assure that all components, cables and accessories 11 are received prior to installation; that all computer equipment boots 12 properly and that all touch screens work; and to familiarize the 13 installation team with equipment set-up and cable connections. Upon 14 this verification, the City will authorize installation. After the 15 installation has been completed and accepted by the City, the third and 16 final payment will be made to ComSerCo. All checks will be made 17 payable to ComSerCo Communications, Inc. 18 S. Change and Extra Services. 19 The City reserves the right to request changes in the 2p equipment design, delivery dates, or additions to or deletions from the 21 equipment purchased from ComSerCo. All such changes shall be 22 incorporated in written change orders executed by the City and ComSerCo 23 that shall specify the changes ordered and the adjustment of prices, 241 delivery schedules and warranties. Any equipment or services added to 25 this Contract, under this section, shall be executed under all 26 applicable conditions of this Contract. No claim for additional 27 compensation or extension of time shall be recognized unless contained 28 in a duly executed change order. - 3 - 1 6. Cancellation/Default. 2 A. This Contract may be terminated by the City for its 3 convenience upon fifteen (15) days prior written notice and upon 4 payment of reasonable and proper termination charges, including, but 5 not limited to, all costs incurred or committed prior to the effective 6 date of notice of termination and all charges incurred by ComSerCo in 7 connection with the termination, plus reasonable overhead and profit. 8 B. In the event that ComSerCo commits a breach of a g material condition of this Contract, the City shall notify ComSerCo in 10 writing of said breach and if ComSerCo has not cured or begun 11 reasonable efforts to cure after fifteen (15) days of receipt of said 12 notice, and fails to diligently pursue corrective action, then the City 13 shall have the right to cancel this Contract. ComSerCo shall be 14 responsible for any direct costs due to the City's re -procurement of 15 the equivalent of the equipment or services cancelled from ComSerCo'. 16 7. Confidential Information. 17 A. Access to Confidential Information. The City may 18 provide ComSerCo with, or allow ComSerCo access to, certain information 19 not available to the public concerning, but not limited to the City, or 20businesses located in the City. The information may include, but is 21 not limited to, company information, taxes, sales, value of 'assets, 22 utility usage, or other such information. All such information shall 23 be known as "Confidential Information" and may not be used to 24 circumvent the responsibility of either party to this Contract. 25 B. No Disclosure. Except as expressly permitted, ComSerCo 26 shall not disclose, permit the disclosure of, release, disseminate, or 27 transfer, whether orally or by any other means, any part of such 28 Confidential Information to any other person: or entity, whether _ 4 _ 4 1 corporate, governmental, or individual, without the express prior 2 written consent of an authorized representative of the City. ComSerCo 3 shall return any written Confidential Information, and all copies made 4 of such items, to the City upon the City's written request, but in any 5 event not later than the date that ComSerCo has performed all services 6 to be performed pursuant to this Contract. ComSerCo hereby agrees that 7 such Confidential Information and any documents provided may be used by 8 ComSerCo only as authorized by the City. ComSerCo shall take 9 reasonable measures to avoid any disclosure of any such Confidential to Information to any unauthorized person. 11 C. Court Ordered Disclosure. ComSerCo shall immediately 12 notify the City of any court order or subpoena requiring disclosure of 13 Confidential Information, and shall cooperate with legal counsel in the 14 appeal or challenge of any such order or subpoena. Recipient may only 15 disclose Confidential Information required to be disclosed pursuant to 16 court order or subpoena after legal counsel has exhausted any lawful I 17 and timely appeal or challenge. 18 D. Remedies. In addition to any other remedies that it may 19 have at law or in equity, the City shall be entitled to a temporary and 20 permanent injunction by a court of competent jurisdiction against any 21 breach or threatened breach of the Confidential Information provisions 22 of this Contract. ComSerCo acknowledges that in case of such breach or 23 threatened breach of said provisions, the City would have no adequate 24 remedy at law. 25 8. Warranties. 26 ComSerCo warrants title to the equipment purchased hereunder 27 and any part thereof to be free of any claim of any security interest, 28lien or any encumbrance. ComSerCo also warrants that the equipment - 5 - 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 will be delivered new and shall be free from defects in material and workmanship for the warranty period of twelve months from operation. All manufacturers' warranties, any warranties typicallyprovided by ComSerCo, and any other warranties made applicable by law shall apply to the parts and labor provided by ComSerCo. 9. Compliance with Laws. ComSerCo shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to any permit or license requirements of the United States Department of Commerce, as well as any laws of the United States of America. 10. Governing Law. The validity, interpretation and performance of this Contract', shall be controlled and construed under.the laws of the State of California as enacted and in force at the time this Contract is fully executed. 11. Forum Selection. Any action brought relating to this Contract shall be brought' and held exclusively in a State Court in the County of Los Angeles, California. 12. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 ='� ComSerCo: COMSERCO COMMUNICATIONS, INC. 1 ATTN: JERRY MOSKAL 2020 IOWA 2 RIVERSIDE, CA 92507 3 13. General Provisions. 4 A. Independent Contractor. 5 At all times during the term of this Contract, ComSerCo shall 6 be an independent contractor and shall not be an employee of the City. 7 The City shall have the right to control ComSerCo only insofar as the 8 results of ComSerCo services rendered pursuant to this Contract; 9 however, the City shall not have the right to control the means by 10 which ComSerCo accomplishes services rendered pursuant to the Contract 11 except to the extent that such services involve the use of City 12 property or Confidential Information. 13 B. ComSerCo Not Agent. 14 Except as the City may specify in writing, ComSerCo shall 15 have no authority, express or impli-ed, to act on behalf of the City in 16 any capacity whatsoever as an agent. ComSerCo shall have no authority, 17 express or implied, pursuant to this Contract to bind the City to any 18 obligation whatsoever. 19 C. Indemnification. 20 ComSerCo shall indemnify, defend, protect and hold the City 21 and its officers, agents and employees, free and harmless from and 22 against any and all claims, demands, losses, damages, liabilities, 23 fines, charges, penalties, orders, judgments and all costs and expenses 24 incurred in connection therewith, including reasonable attorney's fees 25 and costs of defense arising out of the services performed under this 26 Contract, except to the extent arising from or caused by the sole 27 negligence or willful.misconduct of the City, its officers, agents or 28 - 7 - 1 employees. 2 D. Comprehensive General and Automobile Insurance. 3 ComSerCo agrees to provide insurance in the amounts and forms 4 specified in Exhibit "C," which is.attached hereto and made a part 5 hereof by reference. Comparable coverage shall be provided for each 6 subcontractor used in the performance of this Contract. ComSerCo shall 7 submit to the City documentation indicating compliance with these 8 minimum requirements no less than one (1) day prior to the beginning of 9 performance under this Contract. ComSerCo shall not commence 10 performance of its services under this Contract until the above 11 insurance has been obtained and proof of insurance has been filed with 12 and approved by the City. 13 E. Assignment and Subcontracting Prohibited. 14 No party to this Contract may assign or subcontract any right 15 or obligation pursuant to this Contract without the express written 16 consent of the other party. Any other attempted or purported 17 assignment of any right or obligation pursuant to this Contract shall 18 be void and of no effect. 19 F. Entire Agreement. 20 This Contract constitutes the complete and final expression 21 of the agreement of the parties and is intended as a complete and 22 exclusive statement of the terms of their agreements and supersedes all 23 prior and contemporaneous offers, promises, representations, 24 negotiations, discussions, communications and agreements which may have 251 been made in connection with the subject matter hereof. All exhibits 26 are incorporated by reference. ComSerCo represents that in entering 27 into this Contract, it has not relied on any previous representations 28 or understandings of any kind or nature. 8 _ 1 G. Partial Invalidity. 2 Wherever possible, each provision hereof will be interpreted 3 in such manner as to be effective and valid under applicable law, but 4 in case any one or more of the provisions contained herein will, for 5 any reason, be held to be invalid, illegal or unenforceable in any 6 respect, such provision will be ineffective to the extent, but only to 7 the extent, of such invalidity, illegality or unenforceability without 8 invalidating the remainder of such invalid, illegal or unenforceable 9 provision or provisions or any other provision hereof, unless such a 10 construction would be unreasonable or contrary to the intent of the 11 parties as expressed in this Contract. 12 13 H. Time of the Essence. 14 Time is of the essence in the performance of this Contract 15 and of each and every provision hereof. The waiver by the City of any 16 breach or breaches hereof shall not be deemed, nor shall the same 17 constitute, a waiver of any subsequent breach or breaches. 18 I. Risk of Loss. 19 Title and risk of loss or damage shall pass to the City and 20 delivery shall be deemed to be complete upon delivery FOB Vernon or 21 upon moving into storage at the City's request, whichever occurs first. 22 J. Attorneys' Fees. 23 In the event that it becomes necessary for either party to 24 this Contract to enforce any of the provisions of this Contract, the 25 parties agree that a court of competent jurisdiction may determine and 26 fix reasonable attorney's fees to be paid to the successful litigant. 27 K. Benefit of Agreement. 28 This Contract shall bind and benefit the parties hereto and 1 their heirs, successors, and permitted assigns. 2 L. Force Majeure. 3 Neither party shall be considered to be in default in any of 4 its obligations under this.Contract when a failure of performance shall 5 be due to an uncontrollable force. The terms "uncontrollable force" 6 shall mean any cause beyond the control of the party affected, 7 including, but not restricted to, flood, earthquake, storm, fire, g lightening, epidemic, war, riot, civil disturbance or disobedience, 9 labor dispute, labor material shortage, sabotage, federal, state, or 10 municipal action, statute, ordinance, or regulation, embargoes or the 11 United States Government or any other government, which by exercise of 12 due diligence such party could not reasonably have been expected to 131 avoid and by exercise to due diligence has been unable to overcome. 14 Either party rendered unable to fulfill any of its obligations under 15 this Contract by reason of an uncontrollable force, shall give written 16 notice within five (5) business days of such fact to the other party 171 and shall exercise due diligence to remove such inability with all 181 reasonable dispatch., 19 M. Waiver. 20 Any waiver at any time by either party of its rights with 21 respect to a default under this Contract, or with respect to any other 22 matters arising in connection with this Contract, shall not be deemed a 23 waiver with respect to subsequent default or other matter. 24 N. Amendment. 25 All changes or modifications to this Contract shall be in a 26 writing stating that it is an amendment to this Contract and shall be 27 signed by both parties or their duly authorized agents. This Contract 28 shall not be modified through course of dealing, usage or trade. 10 - 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. MALBURG, Mayor COMSERCQ COMMUNICATIONS, INC. EXHIBIT AV ' . ' AWIR RNOW O C! 925" 11MiNIM�t ., , pMcy6�V�gj#ipit: 800„p Ma>u0e sir 1°i �:�p`"� ,1 ldtosial Customer # NEW 06 City of Vernon Fire iMPL gales Sax Ares t a Custo"r / Bttl to :% Santa Fe Aave, 8. �— Gates Address : CKY / St. / 23P Vernon, CA "063 CtintaCt lige Cord : Chief Oavid Kknes (323) #�S-3a11 eat, Chief phone # : F x 3 3 1 6a2 Phone Number End User contact UMmate Cleat. 7-tp 11 7 CF46M � CF'G PfA 600.4a�1 Xcft�oucN 128 M9 Ram,104B Rd, MD, Win NY bervice Pack 6 or Higher 1 7 CFWEB2T3 CF26 VWde Port Repll"W RMmote VtdeO DUP'"w/Touch, 3 7 CFV"WKB lrdegpated spkts, Function Keys, and B"M Key bow 4 1 CFVCMIW CF2$ cD RoM 24X 6 7 d 7 6640.624T f3 Z4T74 300 W 0 Power Amp 7 7 LNotY" Lmom Lund Vshk3e Maur+ts vehiae Ant+m►a Sob eoln a 7 • 7 PA4640- PA1640�01 Und Poww Adapter DC 10 7 7 49743 K0 opXg Backtk Keyboard 11 it 7 l6�601 9254M Koy6oard IMOCation bto CFI WSA0 "9.00 $367.00 $"TAO $519.00 $6".00 MOO $107.00 $10.00 $3"AO 00.00 ;3,7f3.00 ils,eta.00 s367A0 $4,10 -90 Q3,433.00 $4,4011,00 $2 0.00 $749.00 MAO i2.4"•00 $"Q.00 2A-01 : 1 1 7 04AMi L`pm3r1iYC0 t609 i ge43 2 9 COmSaICO Commun/cavom, Inc. Attachment "A" kQ n4W ANDend hw=kv did W*q alw" g4perflely oc► t common o c*ffW. F(P do" a� end aV hVV � Wl ° udsd an heMpQIt_aeble lmro{os, (a9ee+t m h d to chac ► � agreeve to O+nr'uon lD h4uhdd4e eed Nt amildwatbn Ot CQM1�t� O wNhvAM rdb the *,duet at>a . ePP� aN delkerlee ero IVitRY, PAY MI8TAtLAT1OK t11 tE ANON• tJur►b.s stated t to make tletfarttit PPMOOrdeiN�ydeteoerebMtnim •ONY COMIMOOrssac"s xyt1 #iCO, Kh�.lrad•, t b+ ewsrahl. e. ldsud+ initdmetKs, erred wsl'�� a (n (nrtaM �• oantcsor Clatmeior at�vn�ont slam co OQMSfsR Md b OOMtERt:O M1n0? OeYs d deNvay °t eepA eMaae MI NO pOR RIOREAB�Q CG8'f8. LO85OR FRQ OR 1iaGOD Wtl Olt ANYOiII�R MCIpEiTAt. CI'r OONMllENiiAL �Eis we b bM a ppndsNwry d t atit4q in nAV* EAOO MwtN� 1M «►++pnnnt, OdASERGO s tM Me b BtUift vo "Ap ym o o� nu tMvr�t a MCI. � �.�u+ed In.tanstison IN IwN stall h 1M Nbtpwt� NsAlaMi 8•r bstsweioe etendpdr• t oa o to r/eion Ot Bur+Ye 114WN s�,waI11R TM vAli be ala+trea q o►v4 ai+a bueM�ea hY � otro•dwdulM�v.nd tlerewlM bMa ohm" of h an eAu��llor►ute b ra coca It 9..ft w n+d q k not need.. d"W as 6CLAMeIt Or 61NtN fY NGR O[t ttN.An OR O� PAo10 R9UN' WL For M epW6c er dsi�d CAM t�t's RAN©E, ao QealNctsp +d�0 *^d GWOLY V AOASslaPn _ _ l qt Rµ l t!r� n epa#d M OOnteoW. OOVMCO pq tt?6lfi Y btBGt, EQ R #A OMPA ACID LMSY TY FQR ANY WWKGRAWOF I,AWEpt)AtttY,tEUU1e'1�MlTCOMPA I4TY.tiYsTBADO�NN111fi IIm maaM10 MO tMOKtVO. AN p�.'Ka at�d_�ealde0 sto be in �pooedotw. va ggg aaaMgePrAd �01arplfterrudt0 Demo, ew.*oarioarlrAdeloryll" . pbyar d �f OdMr atu thrret n FOG p+�!Me_ �'!r' ~• -- ^ toMetsl N►�ny one or r+roro in�te a WA to atf p. MM&MgbtPWvt d f s OL '� i IMivo d M o welMer of NN qq�� rwhhtsaPr+atfa:+h �ryN Orb *rend** atlrripMer otetachrtp� ogit�etohd M�R __oor„yentaK��i�,na.rot - EXHIBIT to] SCOPE OF WORK Gb:NERAI, The purpose of this document is to establish the responsibilities of ComScrCo, Inc. In the 4piC, preparation, lnstallation and final testing of panasonic Pl)RC devices for ft City of Vernon Fire Uepaxtrnant is M—E OF UNQUIRNEW - -signed li4aaa VERCILE MOUNTING 've of the Ci of Vernon Fire nepartmult will and cottfor with� etCo reeprescntative(,$) to determine: 1. Tie mounting location for the remote video screen, CF28 computer, povver amplifier and external antenna. for each typeof vehicle. 2. Agree upon the typo of mounting device RM01"iate COMScrCo will incledo the mounting devices in the equipmeN• list that is Incorporated into the equipment order. I&QUIpmy,NT STAGING All pment will be opened and -up. Ail ComSetCo will restive the equipmtia se of tl�o cquipmetrt eomputex equipment will be connected and tested. The purpo 114* 1. To essura that nu components, cablts and aocessories are received prior to equipment installation. d that all touch sorcc work, 2. 'f hat all Computerequipmeni boots pxo1�and went set-up arid. cable 3. Familiarize the installation team with the oquip oonntotions. QU pM»NT TKSTA'hLATION ComS"Co installers will install all computer mounts, moderns and antennas in the agreed upon locations, They will also make all electrical connoc6ons between the vehicle and the computer equipment. All wuin8 will be end in split toonr . All workmenahip will be professionally done to assure tt)0 longterm operation of all Computer equipment. Scope of Work Page 2 FINAL TEST AND ACCVPTANCE A representative of the City of Vernon Fire Depariment, and a member of the ComSerCo installation team, will perform the final test on each installation. The test wall connsist of: 1. Sending a' signal from the oomP uter device, through the CDPD system to the City of Vernon computer aided dispatch equipment. 2. Receipt of an acknowledgement from tho City of Vernon computer aided dispatch equipment at the vehicle mounted Computer. Suomssful completion of the above test will indicate that the computer equipment is operating and that the City of Vernon Fire Department agrees to MOW the computer equipment in the vehicle tasted. Ilowever, if upon completion of installation of all computer equipment, the sty of Vernon Fire Department hasn't completed the needed work to provide a link between the computer and the City of Vernon computer aided dispatch Sys+ an alternative test shall be used. This test will consist of a test of the cornputerb modem and, pow amplifier to the modem and amPli ier M assure that the oomputer is sending required signal otxned by hooking a watt receiving and re-transmi U the signal. miffs test will be lwf meter to the output of the power amplifier and observing that the sigma is sent. Upon successful Completion of either of tests above, the City of Vernon Fire Department Will consider the work complete and give final acceptance of tho equipment to ComserCo, Inc. EXHIBIT . 0, 1 EXHIBIT C 2 INSURANCE SCHEDULE 3 ComSerCo shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): 4 I. Coverage and Limits 5 Bodily Iniury Property Damage 6 Hazards Each Person Each Accident Each Accident 7 Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 8 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500.000 Workers' Compensation $ Statutory 10 Employers' Liability $1,000,000 per employer 11 II. General and Professional Liability 12 General Liability $1,000,000 $2,000,000 $1,000,000 13 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 14 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 15 Contract Liability $1,000,000 $2,000,000 $1,000,000 16 Professional Liabilily $2,000,000 $2,000,000 $2,000,000 17 1 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 18 19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 21 3. An endorsement providing coverage for all operations under this Agreement. 22 4. Such other endorsement as may be required by addendum hereto. 23 1 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 24 insurance agent or broker will not be accepted: 25 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and 26 statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. 27 A copy of each policy certified by an officer of the underwriter or carrier and notarized. 28 EXHIBIT "Cff 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 October 16, 2001 ComSerCo Communications, Inc. Attn: Jerry Moskal 2020 Iowa Riverside, CA 92507 Re: Equipment Purchase Contract Dear Mr. Moskal: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323)826-1481 The insurance requirement has been met. Transmitted herewith is a duplicate original copy of a fully executed contract approved by the Vernon City Council on August 22, 2001. If you have any questions regarding this matter, please call Dolores Fonseca at 323/583-8811 ext. 234. Very truly yours, CITY F VERNON 1 o ao s Chief Deputy City Clerk GJO:ng CC: Dolores Fonseca Fire Chief Agreement File No. 01-056 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 27, 2001 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323)826-1481 ComSerco Communications, Inc. c,�\ Attn: Jerry Moskal 2 02-0 Iowa Riverside, CA 92507 Re: Equipment Purchase Contract Dear Mr. Moskal In accordance with Section 13.D. of said agreement, you are to furnish the City with proof of insurance as set forth in the Insurance Schedule, Exhibit " C" of the agreement. 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 agreement. If you should have any questions please contact Joan Francone, at ext. 322. Very truly yours, oriarosco Chief Deputy City Clerk GJO:ng CC: Joan Francone Steven Parker Resolution No. 7811 Agreement File No. 01-056