Resolution No. 82911
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
RESOLUTION NO. 8291
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 POWER MONITORS, INC., THROUGH
MCAVOY & MARKHAM
WHEREAS, the City of Vernon is interested in replacing the
current monitoring equipment used to determine the cause of minor
electrical service interruptions in order to improve its electrical
(service and the effectiveness of its operation; and
WHEREAS, the City's Light & Power Department sought informal
quotes for the purchase of the monitoring equipment; and
WHEREAS, the Light & Power Department has determined that
Power Monitors Inc. is the only manufacturer that can provide the
Inecessary monitoring equipment and accessories meeting the Department's
specifications and requirements; and
WHEREAS, McAvoy & Markham Engineering & Sales Company is the
exclusive sales representative of Power Monitors Inc. in Southern
California; and
WHEREAS, on September 23, 2003, the Finance Committee of the
City of Vernon considered the recommendation of Bruce V. Malkenhorst,
Finance Director, dated September 18, 2003, that the requested
equipment be purchased from Power Monitors Inc., c/o McAvoy & Markham,
and a contract be approved and executed; 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 Power Monitors Inc., through
1
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
McAvoy & Markham as the Southern California representative of Power
Monitors Inc. for the purchase of the monitoring equipment and
accessories 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 Power Monitors Inc., a
copy of which is attached hereto as Exhibit "A" and made a part
hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Contract for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Contract to:
Power Monitors, Inc.
c/o McAvoy & Markham
Attn. Richard Salemme
16 Technology Drive, Suite 113
Irvine, CA 92618
- 2 -
r
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
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 1st day of October, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
c
�LEON�ISC�.�A��UR��,, ayor
- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8291, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, October 1,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 4 -
EXHIBIT
"I&
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
51 original hereof for all purposes, as of this day of October, 2003,
6 in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN CITY OF VERNON (hereinafter
referred to as "City")
8 4305 Santa Fe Avenue
9 Vernon, CA 90058
10 AND POWER MONITORS INC.
(hereinafter referred to as
11 "Power Monitors")
1661 Virginia Avenue
12 Harrisonburg, VA 22802
13 RECITALS
14 WHEREAS, the City's Light & Power Department has determined
15 that some of the monitoring equipment currently being used to measure
16 power quality at customer facilities has become obsolete and needs to
17 be replaced; and
18 WHEREAS, the power data provided by the monitoring equipment
19 helps the City's Light & Power Department determine the cause of minor
20 electrical service interruptions and allows them to take the necessary
21 actions to restore power to its optimum level; and
22 WHEREAS, the purchase of new equipment would provide the
23 Light & Power Department with the ability to improve electrical
24 services and the effectiveness of its operation, thereby enhancing the
25 services provided to citizens, residents and businesses within the
26 Vernon community; and
27 WHEREAS, the City's Light & Power Department has determined
28 that Power Monitors, 1661 Virginia Avenue, Harrisonburg, VA 22802
1 manufactures equipment meeting the specifications and requirements of
2 the Department; and
3 WHEREAS, McAvoy & Markham Engineering & Sales Company
4 ("McAvoy"), 16 Technology Drive, Suite 113, Irvine, CA 92618, is the
5 exclusive representative of Power Monitors in Southern California; and
6 WHEREAS, McAvoy has prepared a Quotation dated on or about
7 September 23, 2003, (the "Proposal") on behalf of Power Monitors, a
8 copy of which is attached hereto as Exhibit "A" and incorporated herein
9 by reference; and
10 WHEREAS, the City desires to enter into an agreement with
11 Power Monitors, through its representative McAvoy, to provide for the
12 purchase and delivery of three (3) VIP -PLUS 600V, 5000A Power &
13 Harmonics Recorders and the necessary auxiliary equipment to complete
14 the package, three ( 3 ) sets of FCT 4 /24 Flex CT' s, one (1) VS-3S OPT
15 12S, Form 12S Three Phase Power Quality Recorder and one (1) VS-3S OPT
16 16S, Form 16S Three Phase Power Quality Recorder (hereinafter
17 collectively referred to the "PMI Equipment"); and
18 WHEREAS, Power Monitors represents that it is qualified and
19 capable of providing the PMI Equipment described in Exhibit "A" that
20 the City requires and is willing to do so on the terms and conditions
21 set forth below.
22 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
23 FORTH HEREIN:
24 1. Purchase.
25 Power Monitors, on its own behalf and through its
26 representative McAvoy, agrees to sell and deliver the PMI Equipment as
27 set forth and described in detail in its Proposal. It is understood
28 and agreed that in the event of a conflict between this Contract and
- 2 -
1 the Proposal, the terms of this Contract shall prevail.
2 2. Time of Performance.
3 The performance of Power Monitors as identified herein shall
4 commence upon the signing of this Contract and shall be completed by
5 Power Monitors, unless otherwise terminated or extended. Delivery is
6 expected to be completed no later than four (4) weeks from the issuance
7 of City's purchase order. If delivery of the PMI Equipment is not
8 completed within this time period, the City shall have the option of
9 canceling this Contract in order to proceed with the equipment purchase
10 from another vendor. The Contract completion date may also be
11 extended, at the City's sole discretion, for an additional thirty (30)
12 days, or such other time as the parties may agree in order to complete
13 the work specified herein.
14 3• Price.
15
Power Monitors, through its McAvoy representative, agrees to
16 sell and deliver the PMI Equipment described in its Proposal in the
17 total amount of Twenty -Nine Thousand Nine Hundred Twenty -Five Dollars
18 ($29,925.00), including freight and excluding taxes. Power Monitors is
19 only authorized to charge and collect sales and use taxes imposed by
20 the State of Virginia. If other sales taxes are applicable, City will
21 report and pay such taxes to the appropriate taxing entity.
22 4. Payment Terms.
23 The City agrees to pay Power Monitors one hundred percent
24 (100%) of the total purchase price, net thirty (30) days after delivery
25 and acceptance of the PMI Equipment by City FOB destination and City's
26 receipt of an invoice from Power Monitors. Power Monitors shall be
27 responsible for paying McAvoy and/or any subcontractors used in the
28performance of this Contract; subcontractors shall not bill the City
- 3 -
1 directly. City shall address its purchase order to Power Monitors, c/o
2 McAvoy, 16 Technology Drive, Suite 113, Irvine, CA 92618.
3 5. Change and Extra Services.
4 The City reserves the right to request changes in the
5 equipment design, delivery dates, or additions to or deletions from the
6 equipment purchased from Power Monitors, through McAvoy. All such
7 changes shall be incorporated in written change orders executed by the
8 City and Power Monitors, through McAvoy, that shall specify the changes
9 ordered and the adjustment of prices, delivery schedules and
10 warranties. Any equipment or services added to this Contract, under
11 this section, shall be executed under all applicable conditions of this
12 Contract. No claim for additional compensation or extension of time
13 shall be recognized unless contained in a duly executed change order.
14 6. Cancellation/Default.
15 In the event that Power Monitors commits a breach of a
16 material condition of this Contract, City shall notify Power Monitors,
17 through McAvoy, in writing of said breach and if Power Monitors has not
18 cured or begun reasonable efforts to cure after fifteen (15) days of
19 receipt of said notice, and fails to diligently pursue corrective
20 action, then City shall have the right to cancel this Contract for
21 cause based on Power Monitors' default. Power Monitors shall be
22 responsible for any direct costs due to City's re -procurement of the
231 equivalent of the equipment or services cancelled from Power Monitors.
24 7. Confidential Information.
25 A. Access to Confidential Information. City may provide
26 Power Monitors, McAvoy and/or its subcontractor with, or allow Power
27 Monitors and/or McAvoy access to, certain information not available to
28 the public concerning, but not limited to City, or businesses located
- 4 -
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 City. The information may include, but is not limited to, company
information, taxes, sales, value of assets, utility usage, or other
such information. All such information shall be known as "Confidential
Information" and may not be used to circumvent the responsibility of
either party to this Contract.
B. No Disclosure. Except as expressly permitted, Power
Monitors, McAvoy and/or its subcontractor shall not disclose, permit
the disclosure of, release, disseminate, or transfer, whether orally or
by any other means, any part of such Confidential Information to any
other person or entity, whether corporate, governmental, or individual,)
without the express prior written consent of an authorized
representative of City. Power Monitors, McAvoy and/or its
subcontractor shall return any written Confidential Information, and
all copies made of such items, to City upon City's written request, but
in any event not later than the date that Power Monitors and/or McAvoy
has performed all services to be performed pursuant to this Contract.
Power Monitors and/or McAvoy hereby agrees that such Confidential
Information and any documents provided may be used by Power Monitors,
McAvoy and/or its subcontractor only as authorized by City. Power
Monitors and/or McAvoy shall include a contract provision in its
contract with subcontractors that bind the subcontractors to this non-
disclosure requirement. Power Monitors and/or McAvoy shall take
reasonable measures to avoid any disclosure of any such Confidential
Information to any unauthorized person.
C. Court Ordered Disclosure.
Power Monitors and/or McAvoy
shall immediately notify City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with City's
legal counsel in responding to any such order or subpoena. Power
- 5 -
I Monitors and/or McAvoy may only disclose Confidential Information
2 required to be disclosed pursuant to court order or subpoena after
3 legal counsel has exhausted any lawful and timely appeal or challenge.
4 D. Remedies. In addition to any other remedies that it may
5 have at law or in equity, City shall be entitled to a temporary and
6 permanent injunction by a court of competent jurisdiction against,any
7 breach or threatened breach of the Confidential Information provisions
8 of this Contract. Power Monitors and/or McAvoy acknowledge that in
9 case of such breach or threatened breach of said provisions, City would
10 have no adequate remedy at law.
11 8. Warranties.
12 Power Monitors warrants title to the equipment purchased
13 hereunder and any part thereof to be free of any claim of any security
14 interest, lien or any encumbrance. Power Monitors, also warrants that
15 the equipment will be delivered new and shall be free from defects in
16 material and workmanship. Power Monitors shall provide a one (1) year
17 material warranty to begin upon acceptance of the PMI Equipment by
18 City. All manufacturers' warranties, any warranties typically provided
19 by Power Monitors and any other warranties made applicable by law shall
20 apply to the City's purchase of the PMI Equipment.
21 9. Compliance with Laws.
22 Power Monitors and its representative McAvoy shall strictly
23 observe and comply with all applicable federal, state, and local laws,
24 ordinances and regulations governing this sale, including but not
25 limited to any permit or license requirements of the United States
26 Department of Commerce, as well as any laws of the United States of
27 America.
28
- 6 -
1 10. Governing Law.
2 The validity, interpretation and performance of this Contract
3 shall be controlled and construed under the laws of the State of
4 California.
5 11. Forum Selection.
6 Any action brought relating to this Contract shall be brought
7 and held exclusively in a State Court in the County of Los Angeles,
8 California.
9 12. Notices.
10 Notices to the parties, unless otherwise requested in
11 writing, shall be sent to:
12 City: CITY OF VERNON
13 ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
14 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
15 power Monitors: POWER MONITORS, INC.
16 c/o MCAVOY & MARKHAM ENGINEERING & SALES COMPANY
ATTN: RICHARD SALEMME
17 16 TECHNOLOGY DRIVE, SUITE 113
IRVINE, CA 92618
18
19 13. General Provisions.
20 A. Independent Contractor.
21 At all times during the term of this Contract, Power Monitors
22 shall be an independent contractor and shall not be an employee of the
23 City. The City shall have the right to control Power Monitors only
24 insofar as the results of Power Monitors services rendered pursuant to
25 this Contract; however, the City shall not have the right to control
26 the means by which Power Monitors accomplishes services rendered
27 pursuant to the Contract except to the extent that such services
28 involve the use of City property or Confidential Information.
- 7 -
1 B. Power Monitors Not Agent.
2 Except as the City may specify in writing, Power Monitors
3 shall have no authority, express or implied, to act on behalf of the
4 City in any capacity whatsoever as an agent. Power Monitors shall have
5 no authority, express or implied, pursuant to this Contract to bind the
6 City to any obligation whatsoever.
7 C. Indemnification.
8 Power Monitors shall indemnify, defend, protect and hold the
9 City and its officers, agents and employees, free and harmless from and
10 against any and all claims, demands, losses, damages, liabilities,
11 fines, charges, penalties, orders, judgments and all costs and expenses)
12 incurred in connection therewith, including reasonable attorney's fees
13 and costs of defense arising out of or attributable to the negligent or
14 wrongful acts of Power Monitors, McAvoy or its subcontractors,
15 employees or agents in the performance of services under this Contract,
16 except to the extent arising from or caused by the sole negligence or
17 willful misconduct of the City, its officers, agents or employees.
18 D. Comprehensive General and Automobile Insurance.
19 Power Monitors agrees to provide insurance in the amounts and
20 forms specified in Exhibit "B, which is attached hereto and made a
21 part hereof by reference. Comparable coverage shall be provided for
22 each subcontractor used in the performance of this Contract. Power
23 Monitors shall submit to the City documentation indicating compliance
24 with these minimum requirements no less than one (1) day prior to the
25 beginning of performance under this Contract. Power Monitors shall not
26 commence performance of its services under this Contract until the
27 above insurance has been obtained and proof of insurance has been filed
28with and approved by the City.
- 8 -
I E. Assignment and Subcontracting Prohibited.
2 No party to this Contract may assign or subcontract any right
3 or obligation pursuant to this Contract without the express written
4 consent of the other party. Any other attempted or purported
5 assignment of any right or obligation pursuant to this Contract shall
6 be void and of no effect.
7 F. Entire Agreement.
8 This Contract constitutes the complete and final expression
9 of the agreement of the parties and is intended as a complete and
10 exclusive statement of the terms of their agreements and supersedes all
11 prior and contemporaneous offers, promises, representations,
12 negotiations, discussions, communications and agreements which may have
13 been made in connection with the subject matter hereof. All exhibits
14' are incorporated by reference. Power Monitors represents that in
15 entering into this Contract, it has not relied on any previous
16 representations or understandings of any kind or nature.
17 G. Partial Invalidity.
18 Wherever possible, each provision hereof will be interpreted
19 in such manner as to be effective and valid under applicable law, but
20 in case any one or more of the provisions contained herein will, for
21 any reason, be held to be invalid, illegal or unenforceable in any
22 respect, such provision will be ineffective to the extent, but only to
23 the extent, of such invalidity, illegality or unenforceability without
24 invalidating the remainder of such invalid, illegal or unenforceable
25 provision or provisions or any other provision hereof, unless such a
26 construction would be unreasonable or contrary to the intent of the
27 parties as expressed in this Contract.
28
- 9 -
1 H. Time of the Essence.
2 Time is of the essence in the performance of this Contract
3 and of each and every provision hereof. The waiver by the City of any
4 breach or breaches hereof shall not be deemed, nor shall the same
5 constitute, a waiver of any subsequent breach or breaches.
6 I. Risk of Loss.
71 Title and risk of loss or damage shall pass to City and
8 delivery shall be deemed to be complete upon delivery FOB destination.
9 J. Attorneys' Fees.
10 In the event that it becomes necessary for either party to
11 this Contract to enforce any of the provisions of this Contract, the
12 parties agree that a court of competent jurisdiction may determine and
13 fix reasonable attorney's fees to be paid to the successful litigant.
14 K. Benefit of Agreement.
15 This Contract shall bind and benefit the parties hereto and
16 their heirs, successors, and permitted assigns.
17 L. Force Majeure.
18 Neither party shall be considered to be in default in any of
19 its obligations under this Contract when a failure of performance shall
20 be due to an uncontrollable force. The terms "uncontrollable force"
21 shall mean any cause beyond the control of the party affected,
22 including, but not restricted to, flood, earthquake, storm, fire,
23 lightening, epidemic, war, riot, civil disturbance or disobedience,
24 labor dispute, labor material shortage, sabotage, federal, state, or
25 municipal action, statute, ordinance, or regulation, embargoes or the
26 United States Government or any other government, which by exercise of
27 due diligence such party could not reasonably have been expected to
28 avoid and by exercise to due diligence has been unable to overcome.
- 10 -
1 Either party rendered unable to fulfill any of its obligations under
2 this Contract by reason of an uncontrollable force, shall give written
3 notice within five (5) business days of such fact to the other party
4 and shall exercise due diligence to remove such inability with all
5 reasonable dispatch.
6 M. Waiver.
7 Any waiver at any time by either party of its rights with
8 respect -to a default under this Contract, or with respect to any other
9 matters arising in connection with this Contract, shall not be deemed a
10 waiver with respect to subsequent default or other matter.
11 N. Amendment.
12 All changes or modifications to this Contract shall be in a
13 writing stating that it is an amendment to this Contract and shall be
14 signed by both parties or their duly authorized agents. This Contract
15 shall not be modified through course of dealing, usage or trade.
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
I ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
POWER MONITORS, INC.
C/O MCAVOY & MARKHAM SALES &
ENGINEERING COMPANY,
MANUFACTURERS' EXCLUSIVE
REPRESENTATIVE
By:
Title.
M
Title.
- 12 -
EXHIBIT
AM"
MC AVOY & MARKHAM
ENGINEERING & SALES CO.
Debby Nickens
City of Vernon
4305 Santa Fe Ave
Vernon CA 90058
Re: PMI Bid
Dear Debby:
Thank you, for the opportunity to bid on Vernon's electrical requirements
Quantity Description Price/Ea
Extended $
3 VIP -PLUS 600V, 5000A $5,495.00
$16,485.00
Power & Harmonics Recorder
3 FCT 4/24 Flex Ct's $1,150.00
$ 3,450.00
Set of 4 24" Flex Ct's
1 VS-3S OPT 12S, Form 12S $4,995.00
$ 4995.00
Three Phase Power Quality Recorder
1 VS-3S OPT 16S, Form 16S $4,995.00
$ 4995.00
Three Phase Power Quality Recorder
Total $
$29,925.00
Please make the purchase order to PMI c/o McAvoy & Markham,
as the invoice will
come from PMI. Note, PMI does not collect California sales tax.
All PMI products have a one year warrantee.
Terms Net 30 Days
Freight Prepaid and Allowed
Delivery 2-3 weeks ARO
FOB Harrisonburg, VA
Let me know if you have any questions regarding this bid.
Sinc rely,
R' and J Salemme
(949) 727-3966 • FAX (949) 727-3910
16 Technology Drive, Suite 113, Irvine, California 92618
E-mail: sales@mcavoy-markham.com
TAR-51 WAS, I W
EXHIBIT
III
1 EXHIBIT B
2 INSURANCE SCHEDULE
3 Power Monitors 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 InjurX PropeLty 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 EmployersLiability $1,000,000 per employer
11 H. General
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 Contractual Liability $1 000 000 $2,000,000 $1,000,000
16 Umbrella Liability $2 000 000 $2,000,000 $2,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted
18 on or attached to the standard certificate of insurance:
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"
SEP-29-2003, MON 02:51 PM OLIVO & PLASCENCIA
sop PS air ui; 3zp
marsh us*
FAX NO. 1 P. 02
8a493440 p.3
MARSH
S(5pt6rr bcrr 29, 2003
City of V'cmoyk
city Ifall
4305 SAnto fie Avonuc
Vernon, CA 9058
suaJocl;
IRM POVverr M or>r, Ina,
Akkv -' 1WNrr, CIC
A"kImW Vka Prftki l
Mwmh USA Inc.
ami Eat Eltvd 94W
" ODD
RkMW . vA maxis
a" U4 a" frac aw U4 mm
P°owar UmdtorsIIW.'kv insmmwe pm&mw is duo i'r remwal oo (Jcwher S. 2003, We barn
rt5l'olvaci Yr! mni PWPQRIS ftm the Hartford J. ,tg,. Compaey atld am leviewing than this
W"k with Tower i++tonitoro. A filw dodsion on tiro renewal pnqUBM Will be made prior to
(00bCr 3, 2003, A rigw cortiRcnte will be iauuexl `at that t imc, showing &C new policy toms
i-nibaoa ton.
Ss erely,
Ana F. V*jttoy, CtC
Aui�t ant Vim Prfldcnt
lCtilify that dw information contained on the attar
llod oortificate of insuraace is corri+cct.
1121(
ltliy•_ i' &rwx, Not public
r my C'j#) A-g3ion expima:
�'�lrwdr�ttdb�ta�s�41!oi' . .
1.4 MwIh fi sram" mob-*
:gym -J -(71 1?L11&1 CO--ht-Ge
SEP-29-2003,MON OM I PM OLIVO & PLASCENCIA FAX NO. 1 P. 03
z
-- -- - ._. _.. __� .•r r-
9
rNaouCttR
Wrlih tr-3A Ma,
001 F. BWd StrdW
RiAIMI VA �.Vjfi
tAoo6t- Q7S
P~ k44ANOwk m0.
ft o nnbur�V � 2801
- �swTrr�rrn Q+rQ1�F1I
TINS otraTl�cA7M M Wig A� ! M�TtrfR d WNA Wt/ OyLY AND COX"
i10 Opp" %roll Me o{Im/}*M MW.oft 01"I TMM WON f0ftpm iM -Mg
(aAICT. t!!N Ok11Ti/10►T! Odzi aeT AfToiloRe 11r AwCYir L%MrMO OF ATM WN QUTA
rltt rouara o OYsa�r,
-- AIG AirFORpEN6 C "" "'"'
A HMrr6Rn FRE WWR W e COIAPANY
C+ONPAW —
B HARYPOM IN& CQ, OF IIDWST
C HARTFORD GBUALTY DWRAKC.It COMPANY
OOWW& ~ �'
D
tq
AWW � p D i ASM IK1rt am . Ta TIC MWt to WPM
Yam s t~Gil Um POLICY At�bO ti�ItllTFla
PtWAN. TiNk N& 'z Ar +�►+u �alhT4 T ow<oT 1, N oClsat►I I M " PqW W TQWWH T►C OfIi 4 C► TI kaY E M&Ao oR Wy
� W NailPh a1f THE Ptstkie:a Cf,QGIm l 14 Ctl:��r t ;� y TIC ltile44� CONOlt04 A►0 IDEauA Opa (w SUCH tom+ 00, �f"yE
Lours Si jotF/pt N+iY HAVE eslilNb+cca ar vAQ} q, p
� TYplr 6f IYdyMA�ca
c.Tw MIWYYUrrRQ P iuNIwmm Gue wagur1mm LWTr
A �enrw�l rJQ#fUiY .. IAUIE lUF3244
A X cttrY 14iJUNUN^JMA iag5�ll2ZOO
M f
. � cwusMAN
uvcPu;ty d COMrmw.'i Ks mor eADV Irrllxlr f i,00
_ ---- � OC+MAMetJr4p i 1.Od
IA wTvf;CQ'tsWbCJTY
�t�wu+�5aaros
xs�lcx�wlurrou
� ia►cxm>~:1tus
� hKYsawa+ix►AuTpi
OAK* kil IIA�kUYIf
„ ANYAV!j
WMOLM FOku
CAWL.AYQgQLIAQMI7Y
TtlErrrwr»,«7�1y � :�
PAf 1Y *t�A W�x�•rl,rTvl;
HkIW4 Cat Phys" i4AIC"
cityof Vetrmn
ia
43Q81iSwft Fs Awark4
tIM4s 'r! - - -- 101Ofdp7 oo�INNEIC>anArrluE l,J�tT f
t�NERtYDAUAr)f -
10l06r09 oca i
1ara5os --
ssm
I,QKWO
QNo� Q rwY Q tMl ►ar.M OrM7mIQ NJIfW R CAlICpiJO QIMrt M pONAlgw6a[!i sq¢g,
lit! dgirq !1`�Qno�o GWIi1uq[ OYU. p M MVL ,_� o►T1 w�wTArl wm�C tq oft
9W WAT9 mM--mmW wQra•� Qw>•uut 70 Irr. VjN parKS ■A& Q*aQr W&k* /or a
wQo �rrdarr+o uraA►nQ ��A'4+WMIr�fYG n3AQ>tNTQ a �I�+rYAe+� 6R1111
Pr-
r W r:1 C1' lwsaltT�`w7!
�tq 'L_
T 0'A
-0 C 6 L 1 4 t EO-C-azu-so
SUPPORTING
DOCUMENTS
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
An
5 original hereof for all purposes, as of this q"' day of October, 2003,
6 in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN CITY OF VERNON (hereinafter
referred to as "City")
8 4305 Santa Fe Avenue
9 Vernon, CA 90058
10 AND POWER MONITORS INC.
(hereinafter referred to as
11 "Power Monitors")
1661 Virginia Avenue
12 Harrisonburg, VA 22802
13 RECITALS
14 WHEREAS, the City's Light & Power Department has determined
15 that some of the monitoring equipment currently being used to measure
16 power quality at customer facilities has become obsolete and needs to
17 be replaced; and
18 WHEREAS, the power data provided by the monitoring equipment
19 helps the City's Light & Power Department determine the cause of minor
20 electrical service interruptions and allows them to take the necessary
21 actions to restore power to its optimum level; and
22 WHEREAS, the purchase of new equipment would provide the
23 Light & Power Department with the ability to improve electrical
24 services and the effectiveness of its operation, thereby enhancing the
25 services provided to citizens, residents and businesses within the
26 Vernon community; and
27 WHEREAS, the City's Light & Power Department has determined
28 that Power Monitors, 1661 Virginia Avenue, Harrisonburg, VA 22802
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
fl manufactures equipment meeting the specifications and requirements of
P the Department; and
WHEREAS, McAvoy & Markham Engineering & Sales Company
("McAvoy"), 16 Technology Drive, Suite 113, Irvine, CA 92618, is the
exclusive representative of Power Monitors in Southern California; and
WHEREAS, McAvoy has prepared a Quotation dated on or about
September 23, 2003, (the "Proposal") on behalf of Power Monitors, a
copy of which is attached hereto as Exhibit "A" and incorporated herein
by reference; and
WHEREAS, the City desires to enter into an agreement with
Power Monitors, through its representative McAvoy, to provide for the
purchase and delivery of three (3) VIP -PLUS 600V, 5000A Power &
Harmonics Recorders and the necessary auxiliary equipment to complete
the package, three (3) sets of FCT 4/24 Flex CT's, one (1) VS-3S OPT
125, Form 12S Three Phase Power Quality Recorder and one (1) VS-3S OPT
16S, Form 16S Three Phase Power Quality Recorder (hereinafter
collectively referred to the "PMI Equipment"); and
WHEREAS, Power Monitors represents that it is qualified and
capable of providing the PMI 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.
Power Monitors, on its own behalf and through its
representative McAvoy, agrees to sell and deliver the PMI Equipment as
set forth and described in detail in its Proposal. It is understood
and agreed that in the event of a conflict between this Contract and
- 2 -
1 the Proposal, the terms of this Contract shall prevail.
2 2. Time of Performance.
3 The performance of Power Monitors as identified herein shall
4 commence upon the signing of this Contract and shall be completed by
5 Power Monitors, unless otherwise terminated or extended. Delivery is
6 expected to be completed no later than four (4) weeks from the issuance
7 of City's purchase order. If delivery of the PMI Equipment is not
8 completed within this time period, the City shall have the option of
9 canceling this Contract in order to proceed with the equipment purchase
10 from another vendor. The Contract completion date may also be
11 extended, at the City's sole discretion, for an additional thirty (30)
12 days, or such other time as the parties may agree in order to complete
13the work specified herein.
3. Price.
14
15 Power Monitors, through its McAvoy representative, agrees to
16 sell and deliver the PMI Equipment described in its Proposal in the
17 total amount of Twenty -Nine Thousand Nine Hundred Twenty -Five Dollars
18 ($29,925.00), including freight and excluding taxes. Power Monitors is
only authorized to charge and collect sales and use taxes imposed by
19
20 the State of Virginia. If other sales taxes are applicable, City will
21 report and pay such taxes to the appropriate taxing entity.
22 4. Payment Terms.
The City agrees to pay Power Monitors one hundred percent
23 r.
24 (100%) of the total purchase price, net thirty (30) days after delivery
25 and acceptance of the PMI Equipment by City FOB destination and City's
26 receipt of an invoice from Power Monitors. Power Monitors shall be
27 responsible for paying McAvoy and/or any subcontractors used in the
28 performance of this Contract; subcontractors shall not bill the City
- 3 -
1 directly. City shall address its purchase order to Power Monitors, c/o
2 McAvoy, 16 Technology Drive, Suite 113, Irvine, CA 92618.
3 5. Change and Extra Services.
4 The City reserves the right to request changes in the
5 equipment design, delivery dates, or additions to or deletions from the
6 equipment purchased from Power Monitors, through McAvoy. All such
7 changes shall be incorporated in written change orders executed by the
8 City and Power Monitors, through McAvoy, that shall specify the changes
9 ordered and the adjustment of prices, delivery schedules and
10 warranties. Any equipment or services added to this Contract, under
11 this section, shall be executed under all applicable conditions of this
12 Contract. No claim for additional compensation or extension of time
13 shall be recognized unless contained in a duly executed change order.
141 6. Cancellation/Default.
15 In the event that Power Monitors commits a breach of a
16 material condition of this Contract, City shall notify Power Monitors,
17 through McAvoy, in writing of said breach and if Power Monitors has not
18 cured or begun reasonable efforts to cure after fifteen (15) days of
19 receipt of said notice, and fails to diligently pursue corrective
20 action, then City shall have the right to cancel this Contract for
21 cause based on Power Monitors' default. Power Monitors shall be
22 responsible for any direct costs due to City's re -procurement of the
23 equivalent of the equipment or services cancelled from -Power Monitors.
24 7. Confidential Information.
25 A. Access to Confidential Information. City may provide
26 Power Monitors, McAvoy and/or its subcontractor with, or allow Power
27 Monitors and/or McAvoy access to, certain information not available to
28 the public concerning, but not limited to City,. or businesses located
- 4 -
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
261
2711
28 H
in City. The information may include, but is not limited to, company
information, taxes, sales, value of assets, utility usage, or other
such information. All such information shall be known as "Confidential
Information" and may not be used to circumvent the responsibility of
either party to this Contract.
B. No Disclosure. Except as expressly permitted, Power
Monitors, McAvoy and/or its subcontractor shall not disclose, permit
the disclosure of, release, disseminate, or transfer, whether orally or
by any other means, any part of such Confidential Information to any
other person or entity, whether corporate, governmental, or individual,
without the express prior written consent of an authorized
representative of City. Power Monitors, McAvoy and/or its
subcontractor shall return any written Confidential Information, and
all copies made of such items, to City upon City's written request, but
in any event not later than the date that Power Monitors and/or McAvoy
has performed all services to be performed pursuant to this Contract.
Power Monitors and/or McAvoy hereby agrees that such Confidential
Information and any documents provided may be used by Power Monitors,
McAvoy and/or its subcontractor only as authorized by City. Power
Monitors and/or McAvoy shall include a contract provision in its
contract with subcontractors that bind the subcontractors to this non-
disclosure requirement. Power Monitors and/or McAvoy shall take
reasonable measures to avoid any disclosure of any sucnConfidential
Information to any unauthorized person.
C. Court Ordered Disclosure.
Power Monitors and/or McAvoy
shall immediately notify City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with City's
legal counsel in responding to any such order or subpoena. Power
- 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
II Monitors and/or McAvoy may only disclose Confidential Information
required to be disclosed pursuant to court order or subpoena after
legal counsel has exhausted any lawful and timely appeal or challenge.
D. Remedies. In addition to any other remedies that it may
have at law or in equity, City shall be entitled to a temporary and
permanent injunction by a court of competent jurisdiction against any
breach or threatened breach of the Confidential Information provisions
of this Contract. Power Monitors and/or McAvoy acknowledge that in
case of such breach or threatened breach of said provisions, City would
have no adequate remedy at law.
8. Warranties.
Power Monitors warrants title to the equipment purchased
hereunder and any part thereof to be free of any claim of any security
interest, lien or any encumbrance. Power Monitors, also warrants that
the equipment will be delivered new and shall be free from defects in
material and workmanship. Power Monitors shall provide a one (1) year
material warranty to begin upon acceptance of the PMI Equipment by
City. All manufacturers' warranties, any warranties typically provided
by Power Monitors and any other warranties made applicable by law shall
apply to the City's purchase of the PMI Equipment.
9. Compliance with Laws.
Power Monitors and its representative McAvoy shall strictly
observe and comply with all applicable federal, state,Yand 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.
- 6 -
1 10. Governing Law.
2 The validity, interpretation and performance of this Contract
3 shall be controlled and construed under the laws of the State of
4 California.
5 11. Forum Selection.
6 Any action brought relating to this Contract shall be brought
7 and held exclusively in a State Court in the County of Los Angeles,
8 California.
9 12. Notices.
10 Notices to the parties, unless otherwise requested in
11 writing, shall be sent to:
12 City: CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
13 CITY.ADMINISTRATOR
14 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
15 power Monitors: POWER MONITORS, INC.
16 c/o MCAVOY & MARKHAM ENGINEERING & SALES COMPANY
ATTN: RICHARD SALEMME
17 16 TECHNOLOGY DRIVE, SUITE 113
IRVINE, CA 92618
18
13. General Provisions.
19
A. Independent Contractor.
20
At all times during the term of this Contract, Power Monitors
21
shall be an independent contractor and shall not be an employee of the
22
City. The City shall have the right to control Power Monitors only
23 Y'
insofar as the results of Power Monitors services rendered pursuant to
24
this Contract; however, the City shall not have the right to control
25
the means by which Power Monitors accomplishes services rendered
26
pursuant to the Contract except to the extent that such services
27
involve the use of City property or Confidential Information.
28
- 7 -
1 B. Power Monitors Not Agent.
2 Except as the City may specify in writing, Power Monitors
3 shall have no authority, express or implied, to act on behalf of the
4 City in any capacity whatsoever as an agent. Power Monitors shall have
5 no authority, express or implied, pursuant to this Contract to bind the
6 City to any obligation whatsoever.
7 C. Indemnification.
8 Power Monitors shall indemnify, defend, protect and hold the
9 City and its officers, agents and employees, free and harmless from and
10 against any and all claims, demands, losses, damages, liabilities,
11 fines, charges, penalties, orders, judgments and all costs and expenses
12 incurred in connection therewith, including reasonable attorney's fees
13 and costs of defense arising out of or attributable to the negligent or
14 wrongful acts of Power Monitors, McAvoy or its subcontractors,
15 employees or agents in the performance of services under this Contract,
16 except to the extent arising from or caused by the sole negligence or
17 willful misconduct of the City, its officers, agents or employees.
18 D. Comprehensive General and Automobile Insurance.
19 Power Monitors agrees to provide insurance in the amounts and
20 forms specified in Exhibit "B," which is attached hereto and made a
21 part hereof by reference. Comparable coverage shall be provided for
22 each subcontractor used in the performance of this Contract. Power
23 Monitors shall submit to the City documentation indicating compliance
24 with these minimum requirements no less than one (1) day prior to the
251 beginning of performance under this Contract. Power Monitors shall not
26 commence performance of its services under this Contract until the
27 above insurance has been obtained and proof of insurance has been filed
28 with and approved by the City.
- 8 -
1 E. Assignment and Subcontracting Prohibited.
2 No party to this Contract may assign or subcontract any right
3 or obligation pursuant to this Contract without the express written
4 consent of the other party. Any other attempted or purported
5 assignment of any right or obligation pursuant to this Contract shall
6 be void and of no effect.
7 F. Entire Agreement.
8 This Contract constitutes the complete and final expression
9 of the agreement of the parties and is intended as a complete and
10 exclusive statement of the terms of their agreements and supersedes all
11 prior and contemporaneous offers, promises, representations,
12 negotiations, discussions, communications and agreements which may have
13 been made in connection with the subject matter hereof. All exhibits
14 are incorporated by reference. Power Monitors represents that in
15 entering into this Contract, it has not relied on any previous
16 representations or understandings of any kind or nature.
17 G. Partial Invalidity.
18 Wherever possible, each provision hereof will be interpreted
19 in such manner as to be effective and valid under applicable law, but
201 in case any one or more of the provisions contained herein will, for
21 any reason, be held to be invalid, illegal or unenforceable in any
22 respect, such provision will be ineffective to the extent, but only to
23 the extent, of such invalidity, illegality or unenforce'ability without
24 invalidating the remainder of such invalid, illegal or unenforceable
25 provision or provisions or any other provision hereof, unless such a
26 construction would be unreasonable or contrary to the intent of the
271 parties as expressed in this Contract.
28
- 9 -
1 H. Time of the Essence.
2 Time is of the essence in the performance of this Contract
3 and of each and every provision hereof. The waiver by the City of any
4 breach or breaches hereof shall not be deemed, nor shall the same
5 constitute, a waiver of any subsequent breach or breaches.
6 I. Risk of Loss.
7 Title and risk of loss or damage shall pass to City and
8 delivery shall be deemed to be complete upon delivery FOB destination.
9 J. Attorneys' Fees.
10 In the event that it becomes necessary for either party to
11 this Contract to enforce any of the provisions of this Contract, the
12 parties agree that a court of competent jurisdiction may determine and
13 fix reasonable attorney's fees to be paid to the successful litigant.
14 K. Benefit of Agreement.
15 This Contract shall bind and benefit the parties hereto and
16 their heirs, successors, and permitted assigns.
17 L. Force Majeure.
181 Neither party shall be considered to be in default in any of
19 its obligations under this Contract when a failure of performance shall
20 be due to an uncontrollable force. The terms "uncontrollable force"
21 shall mean any cause beyond the control of the party affected,
22 including, but not restricted to, flood, earthquake, storm, fire,
Jlightening, epidemic, war, riot, civil disturbance or disobedience,
24 labor dispute, labor material shortage, sabotage, federal, state, or
25 municipal action, statute, ordinance, or regulation, embargoes or the
26 United States Government or any other government, which by exercise of
27 due diligence such party could not reasonably have been expected to
28 avoid and by exercise to due diligence has been unable to overcome.
- 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
Either party rendered unable to fulfill any of its obligations under
this Contract by reason of an uncontrollable force, shall give written
notice within five (5) business days of such fact to the other party.
and shall exercise due diligence to remove such inability with all
reasonable dispatch.
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1711
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, Ci torney
CITY OF VERNON
By:
EONIS C. MALB RG, Mayor
POWER MONITORS, INC.
C/O MCAVOY & MARKHAM SALES &
ENGINEERING COMPANY,
MANUFACTURERS' EXCLUSIVE
REPRESENTATIVE
By:
Tit1 215604 ^
By
Tit
- 12 -
MC AVOY & MARKHAM
ENGINEERING &- SALES CO.
Debby Nickens
City of Vernon
4305 Santa Fe Ave
Vernon CA 90058
Re: PMI Bid
Dear Debby:
Thank you, for the opportunity to bid on Vernon's electrical requirements.
Quantity Description Price/Ea
Extended $
3 VIP -PLUS 600V, 5000A $5,495.00
$16,485.00
Power & Harmonics Recorder
3 FCT 4/24 Flex Ct's $1,150.00
$ 3,450.00
Set of 4 24" Flex Ct's
1 VS-3S OPT 12S, Form 12S $4,995.00
$ 4995.00
Three Phase Power Quality Recorder
1 VS-3S OPT 16S, Form 16S $4,995.00
$ 4995.00
Three Phase Power Quality Recorder
Total $
$29,925.00
Please make the purchase order to PMI c/o McAvoy & Markham,
as the invoice will
come from PMI. Note, PMI does not collect California sales tax.
All PMI products have a one year warrantee.
Terms Net 30 Days
Freight Prepaid and Allowed
Delivery 2-3 weeks ARO
FOB Harrisonburg, VA
Let me know if you have any questions regarding this bid.
Sing rely,
and J Salemme
6 a
(949) 727-3966 • FAX (949) 727-3910
16 Technology Drive, Suite 113, Irvine, California 92618
E-mail: sales@mcavoy-markham.com
a
1 EXHIBIT B
2 INSURANCE SCHEDULE
3 Power Monitors 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 ProppM Damage
6 Hazards Each Person Each Accident Each Accident
j7 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 Emnloyers' Liability $1,000,000 per employe
11 II. General
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 Contractual Liability $1,000,000 $2,000,000 $1,000,000
161 Umbrella Liability $2,000,000 $2,000,000 $2,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted
on 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"
SUPPORTING
DOCUMENTS
CITY OF VERNON PG. 7.3
8000 EQUIPMENT REQUEST SCHEDULE 28-Jul-2003
2003-2004
DEPT: FIELD OPERATIONS
TITLE OF ITEM REQUESTED: POWER QUALITY MEASURING EQUIPMENT
PRIORITY: 1. ESSENTIAL - A service or program will be cancelled without
the item.
2. DESIRABLE - Item is required to maintain efficient operation. X
3. DEFERRABLE - Item is needed, but possibly deferrable for one
year.
NET COST: AUTO
Including sales tax and installation less applicable trade-in*.
NON -AUTO $32.000
Manufacturer, Supplier, Brand.
Source of quoted price.
*Note: Show detail below.
PMI
SALES CATALOG
Number requested: 6 Replacement 6
Number now in use by requesting unit. 8
Equipment number(s) of items(s) being replaced.
Recommended disposition.
EXPLANATION OF NEED:
Present Equipment is:
New Equipment will
Additional
Obsolete X Unreliable
Unsafe Worn out
Increase Safety
Reduce Down Time
Improve Service X
Save Manpower
NARRATIVE JUSTIFICATION:
This unit is used to measure power quality at customer facilities and to provide power data
to prevent unscheduled outages.
Date :
Pages incl. cover:
To:
Company:
Fax Number:
From:
Company:
Phone Number:
Fax Number:
Reference:
Power Quality Makes a Difference!!!
Power Monitors Incorporated
1661 Virginia Avenue
Harrisonburg, VA 22802
Fax Cover Sheet
August 13, 2003
Debbie Nickens
Vernon Municipal Light
323 826-1433
Dale Fulk
Power Monitors Inc.
(800)296-4120
(540)432-9430
McAvoy & Markham Letter
08/13/03 SPED 09:10 [TX/RX NO 66951 Q 001
City, Of -Vernon, California PURCHASE REQUISITION
De artment: Utilities
_ '
`'-"""- `""Lr
Requestor: �- 9
- --
Date: 06/26/2003
i Vendors: Mcavoy & Markham Engineering
I- =
Phone No: (949) 727-3966
en or Address: 16 Technology Dr. --- --- - -- --_-.. --
Vendor Fax: (949) 727-3910
Contact Person: Richard Salemme
Required Date: Normal
i Account Numbers - - (, � - � �;
Delivery Location: Warehouse
Budget Item: Yes --- ------
3 Ea
Power Monitor $3 995.00 ; $11,985.0d
600 Volt, 3000 Amp, Power & Harmonic Scanner
Model: VIP - 1
3
Ea Option 4M - Harmonic & Memo upgrade with Waveform Capture
Memory p9 p $800.00 ii $2,400.00 ;
3
Ea
Option B -Battery �200.00 $600.00
i
3 Sets Flex CT L1,150.00 J $3,450.00
1 T
Ea
Power Monitor �$4,999.00 f $4,999.00
Model: VS-3S
3-Phase 3Wire Delta i
�Form
Equipped with movable 6:00 - 9:00 clip
1 Ea Power Monitor $4,999.00$4,999.00
Model: VS-3S
Form 16S
Total: $28,433.0Q
i
i
* ITEMS ARE NOT BUDGETED EXPLAIN NATURE OF REQUEST BELOW, OR SUBMIT MEMORANDUM.
This unit is a replacement for a failed BMI recorder. Existing unit is no longer supported by vendor. The requested unit will be
used to monitor power at customer sites that are complaining of poor power quality. This unit then helps engineering determine
the causes of the poor power quality and take the appropriate actions.
Cal
PMI EQUIPMENT PRICE SAVINGS
AVAILABLE NOW H
PMI's last price increase on power quality equipment was effective in January 2000.
In response to today's economy, we have held price levels firm as long as possible.
Major increases in component and other costs are forcing PMI to raise its prices on
certain equipment lines. These cost increases become effective on all orders placed
after July 14, 2003.
Substantial savings are available to customers placing orders on equipment at the
existing price levels prior to the coming increases. The savings are indicated below.
Old price levels will.be honored for all orders received on or before July 14, 2003.
Troublenrian's Kit - SAVE $240.00
Power Quality Kit - SAVE $500.00
VP-2 Plug In Scanner - SAVE $120.00
2SX .Meter socket Scanner - SAVE $120.00 -
iVS-3 Voltage and Current Scanner (300V) - SAVE $175.00
ower
lonitors iVS3/600 Voltage and Current Scanner (600V) - SAVE $500.00
icorporated
VIP Power Quality Scanner - SAVE $500.00
>69 Virginia Ave. Take advantage of these savings while .the are available. For additional
�rrisonburg, VA2802 g g y
3A information, equipment specification booklets, pricing or to place your order,
40) 434-4120 please call your local representative or PMI at 800-296-4120.
;00) 296-4120
ix (540) 432-9430 www.Dowermonitors.com
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
FAX TRANSMITTAL COVER LETTER
DATE: 6
TO:
0 %
COMPANY: ` 2� '11-
FAX NO.
10
FROM:
DEPT:
Re:
i
Number of pages including cover sheet
Please call to confirm receipt of the following. Thank you
Phone No. (323) 583-8811, ext. 203 Fax No. (323) 826-1433
A1UG-42-03 09:52 AM McAYOY & MARKHAM 949 727 Z910 P.01
To: Curtis Kirkland
From: John MCAVOV
Re, PMl Powcr Quality Monitors
We received the requisition to quote today.The first three items are:
1. VINI
2. Option 4M (2MB Memory)
3. Battery
These three items add up to one complete unit O S4,995,00.
The latest product upgrtde took effect on 7/15/03. All three of the items above arc in one package called
the VIP -PLUS (Description page attached). Price is $5,495.00,
Enhanced boncfits are 4MB of memory (double previous model), current measurement capability is now
5b(Xi amps instead of .3000 amps, and recording and resolution graphing capability is now down to a single
cycle. As 1 mentioned in our phone conversation, there are a few of the old runts still available, but I think
the advancements of the new unit make it a worthwhile choice.
Tile 24" Flcc CT's are still S1,15o,00. Actual Part Number is FCT 4124.
The socket scimners arc still $4,995.00.
Call if you have any questions.
Thank you.
John McAvoy
MC AVQY & MARKHAM
IS Technology Drive, Suite 113
Irvine, CA 92818
(949)727-3968 • FAX (949)727.3910
A G--12-03 09:53 AM
Vu,11.•VU u-j 1a
MGAVOY & MARKHAM
ity of Vrrnon INA,C
430S'S%mta F'c A%
Y•.ttttut, CA 90058
023) 583 - 8511
FAX (32?) 826. 1433
FF.D'rAX mX : uf-00090R
x8jj9iy,
Y1£NT�OR I.D.k� — — 7
V pv
FM TECH&��/O
HAM
#) 13
VINE, A 92 918
n
0
949 727 3910 P.03
w 00;
RFQVISITION
-a. o00003670 1 OF '_
l p�TE 21 ME I E RE9111REL5
L as z u0003 _ __ P9�-05,Lu-o �
s
}j w'i:Hc s$ pp pp,,
1 V.3,01OAI A`A9035FE
P
R T
rBUY(~R
i D-AORAK MEDINA
' DE ItITI10ENT SNIP VIA 9•V.B. -
' UTI� '1.E3 �.�.._, _.. _
VMS(-•" _ F..SCR1PTtPN a rr' PR[C EXTE j)bii NN1C_E I
T �ij1�RggS GE p{}�A RPLATCCIZMMRNT .F�7pRR A WE),
8MI
R1-�7cyTED
TUDEI �,}HR�BSTJT VEND R
DD 1 � ITO R IPLAII:ING OF' Tula 9BO0R
! SN� XXKi_�7�i3In R!IINEETTim t.AU9E8 OF TtI9: POOR POWZi
��vn�'•*y lTD TxF
I� P,Pi?R PRIf u A - ONS .
{ I rIHI��H CHAS FN DEPTEQUEST ICHEDULE WILL BE SENT :OI
c�c
CONTACT PERSON: 1tICHARD SALENlN1E
3 d00 VVRCL77N33IpTopOorpZpp�Vp:P-1-3,955.GOI 11,385.00j 1
� IHARMONIC SCARff, POWER % (I
055-a000-eeso� 99999949
3 HA O Mb" 4MM -�)i0 W vBBORM I 8G0.00 2,400,0U
I RY UPC3 / A
i (U55-8000-96500-99999999 j i
i 3 gA OPTION R - SAT.ERY I 2(10.00 400.'J0,.�
1055.8G00-88500-99999999 -�^ jj
3 3T ?LEX Cr j G vYy�,�) 1, Iso. 001 1.450.00 i t
�055-80tl0 98504-99999999 ,j�- I`
1 EA 3P?YyP� ON TOORRVVS-3S G "� 4, 9,19. 00
EQU7P 5 WITH MOVAB-E� 600 121.
2 .00 CLIP y� l�
' 05S-0000-88500-99999999 I
,.� 1 I SA I POWFR MQNITOR VS-30 y���•- 4, 91)9. 00 4, 9951,00
FORM 165 ..
(055-8000-08500-99999999 }
' I
aE.CFfvrWi HOUk9-. 7:00 A M TO 4 30 ryt TOTAL 28,435.001,
Mlk4DAY-1VASUAY
WAREttvUlf CLOSED ON FkiDAY9
BY: _ DATE: l--.
City Of Vernon, California
i Department Utilities
Vendors: Mcavoy & Markham Engineering
Vendor Address: 16 Technology Dr.
Vendor Fax: (949) 727-3910
Required Date: Normal
Account Number
PURCHASE REQUISITION
Requestor. Imo; #EM Date 06/26/2003
Phone No: (949) 727-3966
Contact Person: Richard Salemme
Delivery Location: Warehouse
Budget Item: Yes
3 Ea Power Monitor L$3,995.00 1$11,985.Od
600 Volt, 3000 Amp, Power & Harmonic Scanner
Model: VIP - 1
3 Ea Option 4M - Harmonic & Memory upgrade with Waveform Capture $800 00 $2,400.00'
3 Ea TOption B - Battery
3 1 Sets 1 Flex CT
Ea 1 Power Monitor
Model: VS-3S
3-Phase 3Wire Delta
Equipped with movable 6:00 - 9:00 clip
1 Ea 1 Power Monitor
Model: VS-3S
Form 16S
$4,999.00
Total: $28,433.001
* ITEMS ARE NOT BUDGETED, EXPLAIN NATURE OF REQUEST BELOW, OR SUBMIT MEMORANDUM.
This unit is a replacement for a failed BMI recorder. Existing unit is no longer supported by vendor. The requested unit will be
used to monitor power at customer sites that are complaining of poor power quality. This unit then helps engineering determine
the causes of the poor power quality and take the appropriate actions.
Power
Monitors
Incorporated
1661 Virginia Ave.
Harrisonburg, VA 2802
USA
(540) 434-4120
(800) 296-4120
Fax (540)432-9430
PMI EQUIPMENT PRICE SAVINGS
AVAILABLE NOW !!
j PMI's last price increase on power quality equipment was effective in January 2000.
In response to today's economy, we have held price levels firm as long as possible.
Major increases in component and other costs are forcing PMI to raise its prices on
certain equipment lines. These cost increases become effective on all orders placed
j after July 14, 2003.
Substantial savings are available to customers placing orders on equipment at the
existing price levels prior to the coming increases. The savings are indicated below.
Old price levels will be honored for all orders received on or before July 14, 2003.
Troubleman's Kit
Power Quality Kit
- SAVE $240.00
- SAVE $500.00
VP-2 Plug In Scanner - SAVE $120.00
2SX Meter socket Scanner - SAVE $120.00
iVS-3 Voltage and Current Scanner (300V) - SAVE $175.00
iVS3/600 Voltage and Current Scanner (600V) - SAVE $500.00
VIP Power Quality Scanner - SAVE $500.00
Take advantage of these savings while they are available. For additional
information, equipment specification booklets, pricing or to place your order,
please call your local representative or PMI at 800-296-4120.
www. nowermonitors. com
1.4r
a71e
P.01
MC AVOY & MARKHAM
ENGINEERING & SAL ES CO.
T0: e /506y it/lt�enS At:vle� M Date:
Company
From Pages: �
h ,c% le s / Ac .11-v
/' � "I-e he^-Vo
0-4 d i s a ��� 6 c rXT �'/� I'YJe o4va7 14-Me'" 1
rr lo.rs16h
(%9) 727.3966 / FAX (W) 727-3910
16 Technology Drive, Suite 113, Irvine, CA 92618
Email; 5alc8Qmc4voy-markham.com -
08/12/03 TUE 10:00 [TX/RX NO 66851 Q 001
I
To: Curtis Kirkland
From: John McAvoy
Rc: PM1 Power Quality Monitors
We received the requisition to quote today,The lust throe items arc:
I. VIP-1
2. Option 4M (2MB Mcmory)
3. Buttery
These three items add up to one complete unit @ $4.995,00.
The latest product upgrade took effect on 7/15/03. All three of the items above arc in one package called
the VIP -PLUS (Description page attached). Price is $5.495.00.
Enhanced benefits are 4MB of memory (double previous model), current measurement capability is now
5000 amps instead of 3000 amps, and recording and resolution graphing capability is now down to a single
cvcle. As I mentioned in our phone conversation, there arc a few of the old units still available, but 1 think
the advancements of tide new unit make it a worthwhile choice.
The 24" Flex CT's arc stilt $1.150.00. Actual Pan Number is FCT 4/24.
The socko scanners are still $4,095.00.
Call if you have any questions.
Thank you.
John MCAvoy
MO AVOY & MARKHAM
15 Technology Drive, Sulte 113
Irvine, CA 92ale
(940)727-3960 • FAX (949)727-3910
08/12/03 T[JE 10:00 1TX/RX NO 66851 U 002
$5,495.00
•0
Price List
POWER QUALITY RECORDER
ViP-PLUS: 600 VOLT 5000 AM 13
POWER & HARMONICS R1.CO RI) I? It
BASE PRICE:
Optional modem available for an additional $550.00
The ViP-PLUS is our top of the line Power
Quality instrument. It comes fully configured
with 4MB of memory and the capability to
record 4 channels of voltage, 4 channels of
current, power functions, harmonics, and
waveform capture up to 600 VAC and 5000
amps. The ViP-PLUS weighs less than 5
pounds. With it's small size and 266
samples/cycle/channel, the VIP -PLUS Is
perfect for any utility or industrial application.
Optional Us are needed for current measurement
- see page 9 for more information.
The ViP-PLUS easily fits inside padmounted transformers
No substation is complete without a VIP -PLUS watching over it.
Power Monitors, Inc. -1581 Virginia Ave. - Harrisonburg, VA 22802 - Prone: (800) 2964120 - Fax: (540) 432-9430 - www.powermordtors.com Page 7
08/12/03 TUE 10:00 [T%/R% NO 66851 U 003