Resolution No. 80581
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RESOLUTION NO. 8058
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 KR NIDA CORPORATION
WHEREAS, on October 3, 2001, the City Council of the City of
Vernon adopted Resolution No. 7839 approving an Equipment Purchase
Contract with KR Nida Communications, Inc. for a Communications
Repeater System/System Base Radio and Speaker System ("System") to
improve the emergency communication network within the Fire Department;
and
WHEREAS, the City's Fire Department has requested that the
City purchase various Mobile VHF, UHF and 800 MHz MCS 2000 Radios,
software and accessories ("Radios") for installation in its new command
vehicle and engines 2 and 3; and
WHEREAS, the new Radios are the same type of radios currently
installed and used by the Department; and
WHEREAS, the City's staff has determined that the purchase of
the Radios will enhance communication throughout the City, thereby
benefiting the health and welfare of Vernon's citizens; and
WHEREAS, City staff sought informal quotes for the purchase
lof the Radios; and
WHEREAS, K.R. Nida Corporation, formerly KR Nida
Communications, Inc., provided the System currently used in the
Department's vehicles and is familiar with Motorola radios and related
equipment; and
WHEREAS, the City's Fire Department believes that K.R. Nida
Corporation is the only vendor that can provide the necessary
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equipment for the Radios meeting the Fire Department's specifications
and requirements; and
WHEREAS, on September 3, 2002, the Finance Committee
recommended that the City Council approve the recommendation of Bruce
V. Malkenhorst, Director of Finance, dated August 22, 2002, that the
Radios be purchased from K.R. Nida Corporation; 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 K.R. Nida Corporation for the
purchase of the Radios to enhance services provided to the Vernon
community.
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 K.R. Nida Corporation, 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:
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K.R. Nida Corporation
Attn. Steven Page
2712 Foothill Blvd., Suite A
La Crescenta, CA 91214
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 September, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
^Y,LE
ONIS C. MAL URG, M yor
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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.
8058, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 4, 2002, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
EXHIBIT
AM"
EXHIBIT A
1 � ,
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 day of August, 2002,
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
9 Vernon, CA 90058
10 AND K.R. Nida Corporation
(hereinafter referred to as
11 "K.R. Nida")
2712 Foothill Blvd., Suite A
12 La Crescenta, CA 91214-3516
13 RECITALS
14 WHEREAS, the City's Fire Department has acquired a new
15 command Vehicle and two new engines; and
16 WHEREAS, communications equipment will need to be installed
17 in the new vehicles; and
18 WHEREAS, the City's Fire Department has determined that the
19 City needs to purchase various Mobile VHF, UHF and 800 MHz radios for
20 installation; and
21 WHEREAS, the City requires a vendor familiar with Motorola
22 radios and related equipment; and
23 WHEREAS, K.R. Nida, has prepared three Quotations
24 (collectively referred to hereinafter as the "Quotation"), a copy of
25 which is attached hereto as Exhibit "A" and incorporated herein by
26 reference; and
27 WHEREAS, K.R. Nida has advised the City that it can provide
28 the necessary radios, software and accessories, as provided for in the
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Quotation that meets the City's specifications; and
WHEREAS, the City desires to enter into an agreement with
K.R. Nida to provide for the purchase and delivery of the radios
associated software and accessories; and
WHEREAS, K.R. Nida represents that it is qualified and
capable of providing the equipment described in Exhibit "A" that the
City requires and is willing to do so on the terms and conditions set
forth below.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1. Purchase.
K.R. Nida agrees to sell and deliver the equipment and
associated software and accessories as set forth and described in
detail in Exhibit "A" which is attached hereto and incorporated herein
by reference.
2. Time of Performance.
K.R. Nida's performance as identified herein shall commence
upon the signing of this Contract and shall be completed by K.R. Nida,
unless terminated or extended.
3. Price.
K.R. Nida agrees to sell and deliver the radio equipment and
associated software and accessories described in its Quotation in the
total amount of Twenty -Eight Thousand Five Hundred Fifty -Two Dollars
and Two Cents ($28,552.02), including sales tax and freight.
4. Payment Terms.
The City agrees to pay K.R. Nida for the full amount of the
equipment and associated software and accessories within thirty (30)
days after the City's testing and acceptance of the equipment and the
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1 City's receipt of an invoice from K.R. Nida.
2 S. Change and Extra Services.
3 The City reserves the right to request changes in the
4 equipment design, delivery dates, or additions to or deletions from the
5 equipment purchased from K.R. Nida. All such changes shall be
6 incorporated in written change orders executed by the City and K.R.
7 Nida that shall specify the changes ordered and the adjustment of
8 prices, delivery schedules and warranties. Any equipment or services
9 added to this Contract, under this section, shall be executed under all
10 applicable conditions of this Contract. No claim for additional
11 compensation or extension of time shall be recognized unless contained
12 in a duly executed change order.
13 6. Cancellation/Default.
14 A. This Contract may be terminated by the City for its
15 convenience upon fifteen (15) days prior written notice and upon
16 payment of reasonable and proper termination charges, including, but
17 not limited to, all costs incurred or committed prior to the effective
18 date of notice of termination and all charges incurred by K.R. Nida in
19 connection with the termination, plus reasonable overhead and profit.
20 B. In the event that K.R. Nida commits a breach of a
21 material condition of this Contract, the City shall notify K.R. Nida in
22 writing of said breach and if K.R. Nida has not cured or begun
23 reasonable efforts to cure after fifteen (15) days of receipt of said
24 notice, and fails to diligently pursue corrective action, then the City
25 shall have the right to cancel this Contract. K.R. Nida shall be
26 responsible for any direct costs due to the City's re -procurement of
27 the equivalent of the equipment or services cancelled from K.R. Nida.
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1 7. Confidential Information.
2 A. Access to Confidential Information. The City may
3 provide K.R. Nida with, or allow K.R. Nida access to, certain
4 information not available to the public concerning, but not limited to
5 the City, or businesses located in the City. The information may
6 include, but is not limited to, company information, taxes, sales,
7 value of assets, utility usage, or other such information. All such
8 information shall be known as "Confidential Information" and may not be
9 used to circumvent the responsibility of either party to this Contract.
10 B. No Disclosure. Except as expressly permitted, K.R. Nida
11 shall not disclose, permit the disclosure of, release, disseminate, or
12 transfer, whether orally or by any other means, any part of such
13 Confidential Information to any other person or entity, whether
14 corporate, governmental, or individual, without the express prior
15 written consent of an authorized representative of the City. K.R. Nida
16 shall return any written Confidential Information, and all copies made
17 of such items, to the City upon the City's written request, but in any
18 event not later than the date that K.R. Nida has performed all services
19 to be performed pursuant to this Contract. K.R. Nida hereby agrees
20 that such Confidential Information and any documents provided may be
21 used by K.R. Nida only as authorized by the City. K.R. Nida shall take
22 reasonable measures to avoid any disclosure of any such Confidential
23 Information to any unauthorized person.
24 C. Court Ordered Disclosure. K.R. Nida shall immediately
25 notify the City of any court order or subpoena requiring disclosure of
26 Confidential Information, and shall cooperate with legal counsel in the
27 appeal or challenge of any such order or subpoena. Recipient may only
28 disclose Confidential Information required to be disclosed pursuant to
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I court order or subpoena after legal counsel has exhausted any lawful
2 and timely appeal or challenge.
3 D. Remedies. In addition to any other remedies that it may
4 have at law or in equity, the City shall be entitled to a temporary and
5 permanent injunction by a court of competent jurisdiction against any
6 breach or threatened breach of the Confidential Information provisions
7 of this Contract. K.R. Nida acknowledges that in case of such breach
8 or threatened breach of said provisions, the City would have no
9 adequate remedy at law.
10 8. Warranties.
11 K.R. Nida warrants title to the equipment purchased hereunder
12 and any part thereof to be free of any claim of any security interest,
13 lien or any encumbrance. K.R. Nida also warrants that the equipment
14 will be delivered new and shall be free from defects in material and
15 workmanship for the warranty period of twelve months from operation.
16 All manufacturers' warranties, any warranties typically provided by
17 K.R. Nida, and any other warranties made applicable by law shall apply
18 to the parts and labor provided by K.R. Nida.
19 9. Compliance with Laws.
20 K.R. Nida shall strictly observe and comply with all
21 applicable federal, state, and local laws, ordinances and regulations
22 governing this sale, including but not limited to any permit or license
23 requirements of the United States Department of Commerce, as well as
24 any laws of the United States of America.
25 10. Governing Law.
26 The validity, interpretation and performance of this Contract
27 shall be controlled and construed under the laws of the State of
28 California.
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1 11. Forum Selection.
2 Any action brought relating to this Contract shall be brought
3 and held exclusively in a State Court in the County of Los Angeles,
4 California.
5 12. Notices.
6 Notices to the parties, unless otherwise requested in
7 writing, shall be sent to:
8 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
9 CITY ADMINISTRATOR
10 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
11 K.R. Nida: K.R. NIDA CORPORATION
12 ATTN: KEVIN R. NIDA
2712 FOOTHILL BLVD., SUITE A
13 LA CRESCENTA, CA 91214
14 13. General Provisions.
15 A. Independent Contractor.
16 At all times during the term of this Contract, K.R. Nida
17 shall be an independent contractor and shall not be an employee of the
18 City. The City shall have the right to control K.R. Nida only insofar
19 as the results of K.R. Nida services rendered pursuant to this
20 Contract; however, the City shall not have the right to control the
21 means by which K.R. Nida accomplishes services rendered pursuant to the
22 Contract except to the extent that such services involve the use of
23 City property or Confidential Information.
24 B. K.R. Nida Not Agent.
25 Except as the City may specify in writing, K.R. Nida shall
26 have no authority, express or implied, to act on behalf of the City in
27 any capacity whatsoever as an agent. K.R. Nida shall have no authority,
28 express or implied, pursuant to this Contract to bind the City to any
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1 obligation whatsoever.
2 C. Indemnification.
3 K.R. Nida shall indemnify, defend, protect and hold the City
4 and its officers, agents and employees, free and harmless from and
5 against any and all claims, demands, losses, damages, liabilities,
6 fines, charges, penalties, orders, judgments and all costs and expenses
7 incurred in connection therewith, including reasonable attorney's fees
8 and costs of defense arising out of the services performed under this
9 Contract, except to the extent arising from or caused by the sole
10 negligence or willful misconduct of the City, its officers, agents or
11 employees.
12 D. Comprehensive General and Automobile Insurance.
13 K.R. Nida agrees to provide insurance in the amounts and
14 forms specified in Exhibit "B," which is attached hereto and made a
15 part hereof by reference. Comparable coverage shall be provided for
16 each subcontractor used in the performance of this Contract. K.R. Nida
17 shall submit to the City documentation indicating compliance with these
18 minimum requirements no less than one (1) day prior to the beginning of
19 performance under this Contract. K.R. Nida shall not commence
20 performance of its services under this Contract until the above
21 insurance has been obtained and proof of insurance has been filed with
22 and approved by the City.
23 E. Assignment and Subcontracting Prohibited.
24 No party to this Contract may assign or subcontract any right
25 or obligation pursuant to this Contract without the express written
26 consent of the other party. Any other attempted or purported
27 assignment of any right or obligation pursuant to this Contract shall
28 be void and of no effect.
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1 F. Entire Agreement.'
2 This Contract constitutes the complete and final expression
3 of the agreement of the parties and is intended as a complete and
4 exclusive statement of the terms of their agreements and supersedes all
5 prior and contemporaneous offers, promises, representations,
6 negotiations, discussions, communications and agreements which may have
7 been made in connection with the subject matter hereof. All exhibits
8 are incorporated by reference. K.R. Nida represents that in entering
9 into this Contract, it has not relied on any previous representations
10 or understandings of any kind or nature.
11 G. Partial Invalidity.
12 Wherever possible, each provision hereof will be interpreted
13 in such manner as to be effective and valid under applicable law, but
14 in case any one or more of the provisions contained herein will, for
15 any reason, be held to be invalid, illegal or unenforceable in any
16 respect, such provision will be ineffective to the extent, but only to
17 the extent, of such invalidity, illegality or unenforceability without
18 invalidating the remainder of such invalid, illegal or unenforceable
19 provision or provisions or any other provision hereof, unless such a
20 construction would be unreasonable or contrary to the intent of the
21 parties as expressed in this Contract.
22 H. Time of the Essence.
23 Time is of the essence in the performance of this Contract
24 and of each and every provision hereof. The waiver by the City of any
25 breach or breaches hereof shall not be deemed, nor shall the same
26 constitute, a waiver of any subsequent breach or breaches.
27 I. Risk of Loss.
28 Title and risk of loss or damage shall pass to the City and
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1 delivery shall be deemed to be complete upon delivery FOB jobsite or
2 upon moving into storage at the City's request, whichever occurs first.
3 J. Attorneys' Fees.
4 In the event that it becomes necessary for either party to
5 this Contract to enforce any of the provisions of this Contract, the
6 parties agree that a court of competent jurisdiction may determine and
7 fix reasonable attorney's fees to be paid to the successful litigant.
8 K. Benefit of Agreement.
9 This Contract shall bind and benefit the parties hereto and
10 their heirs, successors, and permitted assigns.
11 L. Force Majeure.
12 Neither party shall be considered to be in default in any of
13 its obligations under this Contract when a failure of performance shall
14 be due to an uncontrollable force. The terms "uncontrollable force"
15 shall mean any cause beyond the control of the party affected,
16 including, but not restricted to, flood, earthquake, storm, fire,
17 lightening, epidemic, war, riot, civil disturbance or disobedience,
18 labor dispute, labor material shortage, sabotage, federal, state, or
19 municipal action, statute, ordinance, or regulation, embargoes or the
20 United States Government or any other government, which by exercise of
21 due diligence such party could not reasonably have been expected to
22 avoid and by exercise to due diligence has been unable to overcome.
23 Either party rendered unable to fulfill any of its obligations under
24 this Contract by reason of an uncontrollable force, shall give written
25 notice within five (5) business days of such fact to the other party
26 and shall exercise due diligence to remove such inability with all
27 reasonable dispatch.
28
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M. Waiver.
Any waiver at any time by either party of its rights with
respect to a default under this Contract, or with respect to any other
matters arising in connection with this Contract, shall not be deemed a
waiver with respect to subsequent default or other matter.
N. Amendment.
All changes or modifications to this Contract shall be in a
writing stating that it is an amendment to this Contract and shall be
signed by both parties or their duly authorized agents. This Contract
shall not be modified through course of dealing, usage or trade.
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
By:
Title:
By:
Title:
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CITY OF VERNON
LEONIS C. MALBURG, Mayor
K.R. NIDA CORPORATION
(818) 957-0719
P.3
KR NIDA CORPORATION
2712 FOOTHILL BLVD, SUITE A
LA CRESCENTA, CA 91214-3516
(818) 957-1248 FAX (818) 957-0719
http:!lwww.krn Ida. corn
Fire communications equipment for New Command Vehicle, revised July 16, 2002:
Q Modei
VHF RADIOS SINGLE HEAD
hem Descrl tion Price
2 M01KLN9PW6 NREMOTE
VHF 146-174 MHz. Mobile, 160 Channel, 50-110 Watt,
Remote Mount
$ 5,300.00
2 H35
Conventional System Software
E_1450.00
2 B382
Standard Palm Micro hone
2 B713
1 nition Sense Cable
$ N/C
2 8101
Remote Mount Kit
$ N/C
VHF RADIO DUAL HEAD
V'HF /. Wave Rooftop Antenna
$ 440.00
$ N/C
1
M01Ki.N8PW6_NREMOTE
VHF 146-174 MHz. Mobile, 160 Channel, 50-110 Watt,
$ 2,650.00
Remote Mount
1
1
35
B 382
Conventional System Software
$225A0
1
8113
Standard Palm Microphone
$ N/C
1
B800
nition Sense Cable
$ N/C
1
B777
Remote Mount Kit
"
$ 975.00
UHF
RADIO
VHF Wave RooftopAntenna
$ N!G
1 M0ISKMN9PW6 NREMOTE
UHF 450-520 MHz. Mobile, 160 Channel, 20-40 Watt,
$ 2,021.00
Remote Mount
1 H35
1 6382
Conventional S stem Software
$ 225.00
1 8113
Standard Palm Microphone
$ N/C
1 6101
Ignition Sense Cable
$ N!C
1 G493
Remote Mount Kit
$ 220.00
800 MHz. RADIO
UHF 3.5 dB Gain Antenna
$ 50.00
1
1
molUGN6PW6 NREMOTE
H35
800 MHz. Mobile, 160 Channel 7-15 Watt, Remote Mount
$2,475.00
1
6382
Conventional S stem Software
$ 225.00
1
B113
Standard Palm Micro hone
$ N!C
1
8101
I nition Sense Cable
$ N/C
1
8123
Remote Mount Kit
$ 220.00
i
800 MHz. 3d8 Gain Antenna
$ 12.00
Sub -Total
$ 15,488.00
Discount
$ 3 097.60
Sub -Total
$12 390.40
825% Sales Tax
$ 1 02220
Total for New Command Vehicle
$ 13.412.60
(81H) 957-0719
P.4
SCR NIDA CORPORATION
2712 FOOTHILL BLVD, SUITE A
LA CRESCENTA, CA 91214-3516
(818) 957-1248 FAX (818) 957-0719
httP://www.kmida.com
Fire communications equipment for New Engine 2, revised July 16, 2002:
Q Model
VHF RADIO
Item Dascri tion price
1 M01KLN90W6 NREMOTE
VHF 146-174 MHz. Mobile, 160 Channel, 50-110 Watt,
$ 2,650.00
Remote Mount
1 B35
1 382
Conventional S tem Software
$ 225.00
1 B113
Standard Palm Microhone
$ N!C
1 B101
Ignition Sense Cable
$ N/C
1 13777
Remote Mount Kit
$ 220.00
1 HMN4072
VHF % Wave Rooftop Antenna
1, N/C
1 HKN6130
Second Microphone for Pump Panel
$ 82.50
1 HSN4039
40 ft. Adapter cable for second microphone
$ 44.00
UHF RADIO
13 Watt water resistant remote mounts speaker
$ 71.50
1 MOiSKMN9PW6 NREMOTE
UHF 450-520 MHz. Mobile, 160 Channel, 20-40 Watt,
$ 2,021.00
Remote Mount
1 H35
1 6382
Conventional System Software
$ 225.00
1 B113
Standard Palm Microphone
$ N!C
i B101
Ignition Sense Cable
$ N/C
N/C
1 G493
Remote Mount Kit
$20.00
800 MHz. RADIO
UHF 3.5 dB Gain Antenna
$ 50.00
1 M01UGN6PW6 NREMOTE
800 MHz. Mobile, 160 Channel, 7-15 Watt, Remote Mount
$ 2,475.00
I 1 H35
1
Conventional System Software
$ 225.00
13382
1 B113
Standard Palm Microphone
$ N00
1 B101
1 nition Sense Cable
N/C $
NIC
1 6123
Remote Mount Kit
$ 220.00
800 MHz. 3dB Gain Antenna
$ .00
Sub -Total
$ 8 741.00
Discount
$ 1,478.20
Sub -Total
$ 6,992.80
8.25yo Sales Tax
$ 576.91
Total for New En ine 2
S 7,569.71
C U 1 O/ J J!" U/ 1 j
KR NIDAA-CORPORATION
2712 FOOTHILL BLVD, SUITE A
LA CRESCENTA, CA 91214-3516
(818) 957-1248 FAX (818) 957-0719
httP://www.kmida.com
Fire communications equipment for New Engine 3, revised July 16, 2002:
P.
IF RADIuem u uescn on Price -
VO
1
M01KLN9PW6_NREMOTE
VHF 146-174 MHz. Mobile, 160 Channel, 50-110 Watt,
$ 2,650.00
Remote Mount
1
H35 Conventional System Software $ 225.00
1
B382 Standard Palm Microphone $ NIC
1
B113 Ignition Sense Cable $ NIC
1
6101 Remote Mount Kit $ 220.00
1
B777 VHF % Wave Rooftop Antenna $ NIC
1
1
HMN4072 Second Microphone for Pum2 Panel 1 $ 82.50
HKN6130 ! 40 ft. Adapter cable for second microphone $ 44.00
1
HSN4039 — ---- - -- ----- - . _-- - . .
13 Watt water resistant remote mountspeaker
UHF
RADIO
1
M0ISKMN9PW6 NREMOTE
UHF 450-520 MHz. Mobile, 160 Channel, 20-40 Watt,
$ 2,021,00
Remote Mount
1
H35
Conventional S stem Software
$ 225.00
1
B382
Standard Palm Microphone
$ N/C
1
B113
t nition Sense Cable
$ WC
1
B101
Remote Mount Kit
$ 220.00
1 10493
UHF 3.5 de Gain Antenna
$ 50.00
800 MHz.
RADIO
1
M01UaN6PW6 NREMOTE
800 MHz. Mobile, 160 Channel, 7-15 Watt, Remote Mount
$ 2,475.00
1
H35
Conventional System Software
$ 225.00
1
B382
Standard Palm Microphone
$ NIC
1
B113
Ignition Sense Cable
$ N/C
1
6101
Remote Mount Kit
$ 220.00
1
B12-3
$00 MHz. 3dB Gain Antenna
$ 12.00
Sub -Total $ 8,741.00
Discount $ 1,478.20
Sub Total
$ 6,992.80
$ 576.91
$ 7,569.71
825% Sales Tax
Total for New Engine 3
EXHIBIT B
1 EXHIBIT B
2 INSURANCE SCHEDULE
3 K.R. Nida 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 Injury 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 $1,000,000 $1,000,000
13 Premises Operations $1,000,000 $1,000,000 $1,000,000
Elevators (if applicable) $1,000,000 $1,000,000 $1,000,000
14 Independent Contractors $1,000,000 $1,000,000 $1,000,000
Products - Completed Operations $1,000,000 $1,000,000 $1,000,000
15 Contract Liability $1,000,000 $1,000,000 $1,000,000
16 Professional Liability $1,000,000 $1,000,000 $1 000 000
17 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 b. In addition to the standard certificate of insurance, proof of general and professional liability
coverage shall be furnished in the form checked below. Only certification of the following proofs
24 will 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
28 A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT "B"
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA f
j
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
Finance Committee
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
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
August 22, 2002 Q,V
ti
,o
The Fire Department is requesting to purchase several types of radios
to be installed on the Command Vehicle and the two fire engines
recently purchased:
• four (4) Nremote single head VHF,
• three (3) Nremote single head UHF,
• one (1) Nremote dual head VHF, and
• three (3) Nremote dual head 800 MHz,
Funds were budgeted for this purchase. Three quotes were received;
Advanced Electronics submitted the lowest quote of $28,072.28. Due to
the familiarity with the City's vehicle radios, the department is
requesting that the radios be purchased from Nida Co. It is hereby
recommended that the requested radios be purchased from Nida Co., at
an approximate cost of $28,552.02 including sales tax. Installation
will be requested in the future.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gm
eL
�Z'
4� ,
To: BRUCE MALKENHORST, CITY ADMINISTRATOR
Vrom: DEBBY NICKENS, PURCHASING
Date: 8/22/2002
Re: FIRE DEPARTMENT REQUISITION NO(S) 2221, 2222 & 2223
Attached for your approval are requisition no(s) 2221, 2222 & 2223. The Fire
Department is requesting to purchase several types of MCS 2000 radios. The
purchase breakdown is as follows; (4) #MOIKLN9PW6 NREMOTE, SINGLE
HEAD VHF, (3) #MOISKMN9PW6 NREMOTE SINGLE HEAD UHF, (1)
#M01KLN9PW6 NREMOTE DUAL HEAD VHF and (3) #MOIUGN6PW6
NREMOTE DUAL HEAD 800 MHz RADIOS. The requested units are for the
new Command Vehicle and the two new engines on order. The requested units are
the same type of radios currently installed and used on the other department
vehicles.
The department has requested that there be no vendor substitutions for the requested
radios. I`spoke with Firefighter Craig Peltier questioning why the department is
making this request. Peltier advised that Nida Companies provided the initial
consultation services, in the design of the communication systems for the new
vehicles. This vendor has a proven track record when it comes to the Motorola
radios and related equipment. The installation for Nida Co. is provided by a
company called "911 ". This company specializes in the installation of
communication equipment for Fire and Police vehicles. The Fire department will
have 911 and Nida out together and work on a proposal for installation once the
equipment is received.
Two price quotations were obtained, with Advanced Electronics providing the
lowest pricing, with a quoted price of $28,072.28 (cost includes materials, sales tax,
and installation). The preferred vendor, Nida Companies is offering the requested
radios with a total discount in the amount of $6,054.00. The approximate cost
including the discount is $28,552.02 (cost includes sales tax, excludes installation ).
Purchasing is recommending the purchase order be awarded to Nida Companies.
Funds have been specifically budgeted for this expenditure, and are available.
To: BRUCE MALKENHORST, CITY ADMINISTRATOR
rom: DEBBY NICKENS, PURCHASING`
Date: 8/22/2002
Re: FIRE DEPARTMENT REQUISITION NO(S) 2221, 2222 & 2223
Attached for your approval are requisition no(s) 2221, 2222 & 2223. The Fire
Department is requesting to purchase several types of MCS 2000 radios. The
purchase breakdown is as follows; (4) #MOIKLN9PW6 NREMOTE, SINGLE
HEAD VHF, (3) #MOISKMN9PW6 NREMOTE SINGLE HEAD UHF, (1)
#MOIKLN9PW6 NREMOTE DUAL HEAD VHF and (3) #MOIUGN6PW6
NREMOTE DUAL HEAD 800 MHz RADIOS. The requested units are for the
new Command Vehicle and the two new engines on order. The requested units are
the same type of radios currently installed and used on the other department
vehicles.
The department has requested that there be no vendor substitutions for the requested
radios. I" spoke with Firefighter Craig Peltier questioning why the department is
making this request. Peltier advised that Nida Companies provided the initial
consultation services, in the design of the communication systems for the new
vehicles. This vendor has a proven track record when it comes to the Motorola
radios and related equipment. The installation for Nida Co. is provided by a
company called "911". This company specializes in the installation of
communication equipment for Fire and Police vehicles.
Three price quotations were obtained, with Advanced Electronics providing the
lowest pricing, with a quoted price of $28,072.28 (cost includes materials, sales tax,
and installation). The preferred vendor, Nida Companies is offering the requested
radios with a total discount in the amount of $6,054.00. The approximate cost
including the discount is $28,552.02 (cost includes sales tax and installation
charges). The difference is $479.74. Purchasing is recommending the purchase
order be awarded to Nida Companies.
Funds have been specifically budgeted for this expenditure, and are available.
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 26, 2002
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
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
Mr. Steven Page VIA Federal Express
K.R. Nida Corporation
2712 Foothill Blvd., Suite A
La Crescenta, CA 91214
Re: Equipment Purchase Contract
Dear Mr. Page:
Enclosed please find two duplicate originals of the
aforementioned Contract which need to be signed by the
appropriate parties and returned to the City, to the attention
of Judy Lehr, Legal Department, by Wednesday morning, August 28,
2002. The Contract is scheduled to be considered by the City
Council at its meeting on August 28, 2002.
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 trppuly yours, }
Eduardo Olivo
City Attorney
jl
Enclosures
cc: GIs. Nell ,'Gixonf Assistant to Chief Deputy City Clerk (w/o
encls . )
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, 2002
K.R. Nida Corporation
Attn: Steven Page
2712 Foothill Blvd., Suite A
La Crescenta, CA 91214
Re: Equipment Purchase Contract
Dear Mr. Page:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
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 the above referenced contract approved by
the Vernon City Council on October 4, 2002.
If you have any questions regarding this matter, please call Ms.
Dolores Fonseca at (323) 583-8811 ext. 324.
er truly yours,
Nelly /6n?
Assistant to the
Chief Deputy City Clerk
NG/gm
CC: Steven Parker
Dolores Fonseca
Resolution No. 8058
Agreement No. 02-070
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) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
K.R. Nida Corporation
2712 Foothill Blvd., Suite A
La Crescenta, CA 91214
Attn: Steven Page
Re: Equipment Purchase Contract
Dear Mr. Page:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
September 24, 2002
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
In accordance with Section 13.D of said contract, you are to furnish
the City with proof of Insurance as set forth in the Insurance
Schedule, Exhibit "B" 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,
osc
Chief Deputy City Clerk
GJO/gm
cc: Joan Francone
Steven Parker
Dolores Fonseca
Resolution No. 8058
Agreement File No. 02-070
N 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 _day of August, 2002,
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
9 Vernon, CA 90058
0 AND K.R. Nida Corporation
(hereinafter referred to as
11 "K.R. Nida")
2712 Foothill Blvd., Suite A
12 La Crescenta, CA 91214-3516
13 RECITALS
14 WHEREAS, the City's Fire Department has acquired a new
15 command Vehicle and two new engines; and
16 WHEREAS, communications equipment will need to be installed
17 in the new vehicles; and
18 WHEREAS, the City's Fire Department has determined that the
19 City needs to purchase various Mobile VHF, UHF and 800 MHz radios for
20 installation; and
21 WHEREAS, the City requires a vendor familiar with Motorola
22 radios and related equipment; and
23 WHEREAS, K.R. Nida, has prepared three Quotations
24 (collectively referred to hereinafter as the "Quotation"), a copy of
25 which is attached hereto as Exhibit "A" and incorporated herein by
26 reference; and
27 WHEREAS, K.R. Nida has advised the City that it can provide
28 the necessary radios, software and accessories, as provided for in the
1 Quotation that meets the City's specifications; and
J
2 WHEREAS, the City desires to enter into an agreement with
3 K.R. Nida to provide for the purchase and delivery of the radios
4 associated software and accessories; and
5 WHEREAS, K.R. Nida represents that it is qualified and
6 capable of providing the equipment described in Exhibit "A" that the
7 City requires and is willing to do so on the terms and conditions set
8 forth below.
9 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
10 FORTH HEREIN:
11 1. Purchase.
12 K.R. Nida agrees to sell and deliver the equipment and
13 associated software and accessories as set forth and described in
14 detail in Exhibit "A" which is attached hereto and incorporated herein
15 by reference.
16 2. Time of Performance.
17 K.R. Nida's performance as identified herein shall commence
18 upon the signing of this Contract and shall be completed by K.R. Nida,
19 unless terminated or extended.
20 3. Price.
21 K.R. Nida'agrees to sell and deliver the radio equipment and
22 associated software and accessories described in its Quotation in the
23 total amount of Twenty -Eight Thousand Five Hundred Fifty -Two Dollars
24 and Two Cents ($28,552.02), including sales tax and freight.
25 4. Payment Terms.
26 The City agrees to pay K.R. Nida for the full amount of the
27 equipment and associated software and accessories within thirty (30)
28 days after the City's testing and acceptance of the equipment and the
2 -
1 City's receipt of an invoice,'from K.R. Nida.
2 5. Change and Extra Services.
3 The City reserves the right to request changes in the
4 equipment design, delivery dates, or additions to or deletions from the
5 equipment purchased from K.R. Nida. All such changes shall be
6 incorporated in written change orders executed by the City and K.R.
7 Nida that shall specify the changes ordered and the adjustment of
8 prices, delivery schedules and warranties. Any equipment or services
9 added to this Contract, under this section, shall be executed under all
10 applicable conditions of this Contract. No claim for additional
11 compensation or extension of time shall be recognized unless contained
12 in a duly executed change order.
13 6. Cancellation/Default.
14 A. This Contract may be terminated by the City for its
15 convenience upon fifteen (15) days prior written notice and upon
16 payment of reasonable and proper termination charges, including, but
17 not limited to, all costs incurred or committed prior to the effective
18 date of notice of termination and all charges incurred by K.R. Nida in
19 connection with the termination, plus reasonable overhead and profit.
20 B. In the event that K.R. Nida commits a breach of a
21 material condition of this Contract, the City shall notify K.R. Nida in
22 writing of said breach and if K.R. Nida has not cured or begun
23 reasonable efforts to cure after fifteen (15) days of receipt of said
24 notice, and fails to diligently pursue corrective action, then the City
25 shall have the right to cancel this Contract. K.R. Nida shall be
26 responsible for any direct costs due to the City's re -procurement of
27 the equivalent of the equipment or services cancelled from K.R. Nida.
28
3 _
1 7. Confidential Information.
2 A. Access to Confidential Information. The City may
3 provide K.R. Nida with, or allow K.R. Nida access to, certain
4 information not available to the public concerning, but not limited to
5 the City, or businesses located in the City. The information may
6 include, but is not limited to, company information, taxes, sales,
7 value of assets, utility usage, or other such information. All such
8 information shall be known as "Confidential Information" and may not be
9 used to circumvent the responsibility of either party to this Contract.
,10 B. No Disclosure. Except as expressly permitted, K.R. Nida
11 shall not disclose, permit the disclosure of, release, disseminate, or
12 transfer, whether orally or by any other means, any part of such
13 Confidential Information to any other person or entity, whether
14 corporate, governmental, or individual, without the express prior
15 written consent of an authorized representative of the City. K.R. Nida
16 shall return any written Confidential Information, and all copies made
17 of such items, to the City upon the City's written request, but in any
18 event not later than the date that K.R. Nida has performed all services
19 to be performed pursuant to this Contract. K.R. Nida hereby agrees
20 that such Confidential Information and any documents provided may be
21 used by K.R. Nida only as authorized by the City. K.R. Nida shall take
22 reasonable measures to avoid any disclosure of any such Confidential
23 Information to any unauthorized person.
24 C. Court Ordered Disclosure. K.R. Nida shall immediately
25 notify the City of any court order or subpoena requiring disclosure of
26 Confidential Information, and shall cooperate with legal counsel in the
27 appeal or challenge of any such order or subpoena. Recipient may only
28 disclose Confidential Information required to be disclosed pursuant to
4 -
f
1 court order or subpoena after legal counsel has exhausted any lawful
2 and timely appeal or challenge.
3 D. Remedies. In addition to any other remedies that it may
4 have at law or in equity, the City shall be entitled to a temporary and
5 permanent injunction by a court of competent jurisdiction against any
6 breach or threatened breach of the Confidential Information provisions
7 of this Contract. K.R. Nida acknowledges that in case of such breach
8 or threatened breach of said provisions, the City would have no
9 adequate remedy at law.
'10 8. Warranties.
�11 K.R. Nida warrants title to the equipment purchased hereunder
12 and any part thereof to be free of any claim of any security interest,
13 lien or any encumbrance. K.R. Nida also warrants that the equipment
14 will be delivered new and shall be free from defects in material and
15 workmanship for the warranty period of twelve months from operation.
16 All manufacturers' warranties, any warranties typically provided by
17 K.R. Nida, and any other warranties made applicable by law shall apply
18 to the parts and labor provided by K.R. Nida.
19 9. Compliance with Laws.
20 K.R. Nida shall strictly observe and comply with all
21 applicable federal, state, and local laws, ordinances and regulations
22 governing this sale, including but not limited to any permit or license
23 requirements of the United States Department of Commerce, as well as
24 any laws of the United States of America.
25 10. Governing Law.
26 The validity, interpretation and performance of this Contract
27 shall be controlled and construed under the laws of the State of
28 California.
- 5 -
f
1 11. Forum Selection.
2 Any action brought relating to this Contract shall be brought
3 and held exclusively in a State Court in the County of Los Angeles,
4 California.
5 12. Notices.
6 Notices to the parties, unless otherwise requested in
7 writing, shall be sent to:
8 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
9 CITY ADMINISTRATOR
4305 SANTA FE AVENUE
10 VERNON, CA 90058-0805
11 K.R. Nida: K.R. NIDA CORPORATION
12 ATTN: KEVIN R. NIDA
2712 FOOTHILL BLVD., SUITE A
13 LA CRESCENTA, CA 91214
14 13. General Provisions.
15 A. Independent Contractor.
16 At all times during the term of this Contract, K.R. Nida
17 shall be an independent contractor and shall not be an employee of the
18 City. The City shall have the right to control K.R. Nida only insofar
19 as the results of K.R. Nida services rendered pursuant to this
20 Contract; however, the City shall not have the right to control the
21 means by which K.R. Nida accomplishes services rendered pursuant to the
22 Contract except to the extent that such services involve the use of
23 City property or Confidential Information.
24 B. K.R. Nida Not Agent.
25 Except as the City may specify in writing, K.R. Nida shall
26 have no authority, express or implied, to act on behalf of the City in
27 any capacity whatsoever as an agent. K.R. Nida shall have no authority,
28 express or implied, pursuant to this Contract to bind the City to any
6 -
r,
1 obligation whatsoever.
2 C. Indemnification.
3 K.R. Nida shall indemnify, defend, protect and hold the City
4 and its officers, agents and employees, free and harmless from and
5 against any and all claims, demands, losses, damages, liabilities,
6 fines, charges, penalties, orders, judgments and all costs and expenses
7 incurred in connection therewith, including reasonable attorney's fees
8 and costs of defense arising out of the services performed under this
9 Contract, except to the extent arising from or caused by the sole
;10 negligence or willful misconduct of the City, its officers, agents or
11 employees.
12 D. Comprehensive General and Automobile Insurance.
13 K.R. Nida agrees to provide insurance in the amounts and
14 forms specified in Exhibit "B," which is attached hereto and made a
15 part hereof by reference. Comparable coverage shall be provided for
16 each subcontractor used in the performance of this Contract. K.R. Nida
17 shall submit to the City documentation indicating compliance with these
18 minimum requirements no less than one (1) day prior to the beginning of
19 performance under this Contract. K.R. Nida shall not commence
20 performance of its services under this Contract until the above
21 insurance has been obtained and proof of insurance has been filed with
22 and approved by the City.
23 E. Assignment and Subcontracting Prohibited.
24 No party to this Contract may assign or subcontract any right
25 or obligation pursuant to this Contract without the express written
26 consent of the other party. Any other attempted or purported
27 assignment of any right or obligation pursuant to this Contract shall
28 be void and of no effect.
- 7 -
f
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3
4
5
6
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8
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12
13
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15
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17
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191
20
21
22
23
24
25
26
27
28
F. Entire Agreement.
This Contract constitutes the complete and final expression
of the agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements and supersedes all
prior and contemporaneous offers, promises, representations,
negotiations, discussions, communications and agreements which may have
been made in connection with the subject matter hereof. All exhibits
are incorporated by reference. K.R. Nida represents that in entering
into this Contract, it has not relied on any previous representations
or understandings of any kind or nature.
G, Partial Invalidity.
Wherever possible, each provision hereof will be interpreted
in such manner as to be effective and valid under applicable law, but
in case any one or more of the provisions contained herein will, for
any reason, be held to be invalid, illegal or unenforceable in any
respect, such provision will be ineffective to the extent, but only to
the extent, of such invalidity, illegality or unenforceability without
invalidating the remainder of such invalid, illegal or unenforceable
provision or provisions or any other provision hereof, unless such a
construction would be unreasonable or contrary to the intent of the
parties as expressed in this Contract.
H. Time of the Essence.
Time is of the essence in the performance of this Contract
and of each and every provision hereof. The waiver by the City of any
breach or breaches hereof shall not be deemed, nor shall the same
constitute, a waiver of any subsequent breach or breaches.
I. Risk of Loss.
Title and risk of loss or damage shall pass to the City and
- 8 -
1 delivery shall be deemed to be complete upon delivery FOB jobsite or
2 upon moving into storage at the City's request, whichever occurs first.
3 J. Attorneys' Fees.
4 In the event that it becomes necessary for either party to
5 this Contract to enforce any of the provisions of this Contract, the
6 parties agree that a court of competent jurisdiction may determine and
7 fix reasonable attorney's fees to be paid to the successful litigant.
8 K. Benefit of Agreement.
9 This Contract shall bind and benefit the parties hereto and
10 their heirs, successors, and permitted assigns.
11 L. Force Majeure.
12 Neither party shall be considered to be in default in any of
13 its obligations under this Contract when a failure of performance shall
14 be due to an uncontrollable force. The terms "uncontrollable force"
15 shall mean any cause beyond the control of the party affected,
16 including, but not restricted to, flood, earthquake, storm, fire,
17 lightening, epidemic, war, riot, civil disturbance or disobedience,
18 labor dispute, labor material shortage, sabotage, federal, state, or
19 municipal action, statute, ordinance, or regulation, embargoes or the
20 United States Government or any other government, which by exercise of
21 due diligence such party could not reasonably have been expected to
22 avoid and by exercise to due diligence has been unable to overcome.
23 Either party rendered unable to fulfill any of its obligations under
24 this Contract by reason of an uncontrollable force, shall give written
25 notice within five (5) business days of such fact to the other party
26 and shall exercise due diligence to remove such inability with all
27 reasonable dispatch.
28
9 -
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M. Waiver.
Any waiver at any time by either party of its rights with
respect to a default under this Contract, or with respect to any other
matters arising in connection with this Contract, shall not be deemed a
waiver with respect to subsequent default or other matter.
N. Amendment.
All changes or modifications to this Contract shall be in a
writing stating that it is an amendment to this Contract and shall be
signed by both parties or their duly authorized agents. This Contract
shall not be modified through course of dealing, usage or trade.
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
11I
.� I(EONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
K.R. NIDA CORPORATION
By:
Tit
By: c'�
Title: ;Gizg5i�f
- 10 -
. KR NIDA CORPORATION
2712 FOOTHILL BLVD, SUITE A
LA CRESCENTA, CA 91214-3.516
(818) 957-1248 FAX (818) 957-0719
http:llwww.kmida.com
Fire communications equipment for New Command Vehicle, revised July 16, 2002:
l kom Price
SINGLE HEAD
I-N9PW6 NREMOTE
VHF 146.174 MHz. Mobile,160 Channel, 50-110 Watt, $5,300.00
Remote Mount
Conventional 5 stem Software S 450.00
3--
Standard Palm Micro hone $N/C
1 nition Sense Cable $ NIC
. Remote Mount Kit $446.00
1 VHF % Wave Rooftop Antenna $ NIC
VHF
RADIO DUAL HEAD
1
M01KLN9PW6 NREMOTE
VHF 146-174 MHz. Mobile, 160 Channel, 50-110 Watt, $ 2,650.00
Remote Mount
1
H35 Conventional System Software $ 225.00
1
13382 Standard Palm Microphone $NIC
1
B113 nition Sense Cable $ NIC
1
8800 Remote Mount Kit $ 975.00
i
B777 VHF Y. Wavo Rooftop Antenna $NIC
UHF
RADIO
1
M01SKMN9PW6 NREMOTE
UHF 450-620 MHz. Mobile, 160 Channel, 20-40 Watt,
$ 2,021.00
Remote Mount
1
H35 Conventional S tem Software $ 225.00
1
-
B382 Standard Palm Microphone $ NIC
1
113113 Ignition Sense Cable $ NIC
1
8101 1 Remote Mount Kit $ 220.00
1
G493 I UHF 3.5 dB Gain Antenna $ 50.00
800 MHz.
RADIO
1
M01UGN6PW$ NREMOTE
800 MHz. Mobile, 160 Channel 7-15 Watt, Remote Mount
$ 2,475.00
1
H35
Conventional System Software
$ 225.00
1
B382
Standard Palm Microphone
$ NIC
1
B113
Innifinn Sense Cable
$ NIC
1
8101
Remote Mount Kit
$ 220.00
1
8123
800 MHz. US Gain Antenna ,
$ 12.00
Sub -Total
$ 15,488.00
Discount
$ 3 097.60
Sub -Total
$11,390.40
8.25% Sales Tax
$1 022.20
Total for New Command Vehicle
$ 13,412.60
SCR ~NIDA CORPORATION
2712 FOOTHILL BLVD, SUITE A
LA CRESCENTA, CA 91214-3516
(818) 957-1248 FAX (818) 957-0719
hftP:I/Www.kmida.com
Fire communications equipment for New Engine 2, revised July 16, 2002:
City I Model Item Description Price
VHF RADIO
1
M01KLN9PW6 NREMOTE
I VHF 146.174 MHz. Mobile, 160 Channel, 50-110 Watt,
$ 2,650.00
Remote Mount
1
35
Conventional System Software
$ 225.00
1
B 382
Standard Palm Microphone
$ NIC
1
B113
Ignition Sense Cable
$ NIC
1
5101
Remote Mount Kit
$ 220.00
1
67"
VHF % Wave Rooftoo Antenna
$ NIC
1
HMN4072
Second for Pump Panel
$ 82.50
i
HKN6130
-Microphone
40 ft. Adapter cable for second microphone
,
$ 44.00
1
HSN4039
13 Watt water resistant remote mount speaker
$ 71.50
UHF
RADIO
I `
MOISKMN9PW6_NREMOTE
UHF 450.520 MHz. Mobile, 160 Channel, 20-40 Watt,
$ 2,021.00
Remote Mount
1
H35 Conventional System Software
$ 225.00
1
8382 Standard Palm Microphone
( $ N/C
1
B113 I Ignition Sense Cable
$ WC
1
8101 Remote Mount Kit
$ 220.00
1
G493 1 UHF 3.5 dB Gain Antenna
$ 5Q.00
800 MHz.
RADIO
1
M01UGN6PW6 NREMOTE
800 MHz. Mobile, 160 Channel, 7-15 Watt, Remote Mount
$ 2,475.00
I 1
H35
Conventional System Software
$ 225.00
1
P382
Standard Palm Microphone
$ NIC
1
113113
Ignition Sense Cable
$ NIC
1
B101
Remote Mount Kit
$ 220.00
1
B123
800 MHz. 3dB Gain Antenna
$12.00
Sub -Total
$ 8,741.00
Discount
$1,478.20
Sub -Total
$ 6,992.80
8.25% Sales Tax
$ 576.91
Total for New En ine 2
$ 7,569.71
1. f.
KR NIDAA-CORPORATION
2712 FOOTHILL BLVD, SUITE A
LA CRESCENTA, CA 91214-3516
(818) 957-1248 FAX (818) 967-0719
httP:Uwww.kmide.com
Fire communications equipment for New Engine 3, revised July 16, 2002:
Qt Model Item Descri lion Price
VHF RADIO
1
M01KLN9PW6_NREMOTE
VHF 146-174 MHz. Mobile,160 Channel, 50-110 Watt,
Remote Mount
$ 2,660.00
1
H35
Conventional §ntem Software
$ 225.00
1
1
1
1
1
1
13382 Standard Palm Microphone $ N/C
B113 1 nition Sense Cable $ NIC
13101 Remote Mount Kit $ 220.00
B777 VHF Y4 Wave Rooftop Antenna I $ NIC
HMN4072 Second Microphone for Pump Panel $ 82.50
HKN6130 ` 40 ft. Ada ter cable for second microphone
HSN4039 13 Watt water resistant remote mountspeaker $ 71.50
I.
UHF
RADIO
1 `
M0ISKMN9PW6 NREMOTE
UHF 450.520 MHz. Mobile, 160 Channel, 20-40 Watt,
Remote Mount
$ 2,021.00
1
H35
Conventional System Software
$ 225.00
1
B382
Standard Palm Microphone
$ NIC
1
8113
Ignition Sense Cable
$ N/C
1
8101
Remote Mount Kit
$ 220.00
1
0,AAA1
3.5 dB Gain Antenna
$ 50.00
800 MHz.
RADIO
1
1
M01 UGN6PW6 NREMOTE
H35
$00 MHz. Mobile,160 Channel, 7-15 Watt, Remote Mount
Conventional System Software
$ 2,475.00
$ 225.00
1
B382
Standard Palm Microphone
$ NIC
1
B113
Ignition Sense Cable
$ N/C
1
U101
Remote Mount Kit
$ 220.00
1
B123
800 MHz. US Gain Antenna
$12.00
Sub -Total
$ 8,741-00
Discount $ 1,478.20
Sub Total
$ 6,992.80
8.25% Sales Tax
$ 576.91
Total for New - ine 3
$ 7,569.71
Q
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15
16
17
18
19
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21
22
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25
26
27
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EXHIBIT B
INSURANCE SCHEDULE
K.R Nida shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
I.
Automobile Liability
• n andL"its
Rub—Itim t•lthL! D:u,•
Owned Automobiles r t t t► $1,000,000 S 500,000
Hired Automobiles 500.000 $1,000,000 300,000
� ��-• •m!bilo_ S 5M000 S1,00000t
tt ttt
� 1� ► t1 ° l�tii t't'1 � :, - may•
II- General. and Professional Liability
General Liability
Premises Operations
$1.000,000
$1,000,000
$1,000,000
$1,000,000
-$1,000,000
$1,000,000
Elevators (if applicable)
Independent Contractors
$1,000,000
51,000,000
$1,000,000
Products - Completed Operations
CDnnttact
$1,000,000
$1,0001000
$1,000,000
$1,000,000
41,000,000
$1,000,000
Pt41ibility
Sl •000 OOO$
1,000M
S 1.000.000
)00,000 0,000M
$1 000 000
a. The general liability policy shall contain the following special endorsements which shall be noted on
or attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general and professional liability
coverage shall be furnished in the form checked below. Qnly RWficatio0 of the fQ1lQn ft Droofs
wily accepted;
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
the signator is an officer authorized to so. certify.
A copy of each policy certified by an officer of the. underwriter or carrier and notarized.
EXHIBIT „Bff
2