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Resolution No. 83821 1 2 3 C! 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. 8382 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 NELS E. SWANSON, DBA SWANSON ENGINEERING & MANUFACTURING COMPANY, FOR THE MALBURG GENERATING STATION PROJECT WHEREAS, the City of Vernon ("City") is constructing a 134 MW Combined Cycle Power Plant, the Malburg Generating Station (the "Malburg Project"), for the purpose of installing additional generating capacity that will yield an efficient, cost-effective, and reliable source of electric generation to the City's inhabitants; and WHEREAS, on July 16, 2003, the City Council of the City of Vernon adopted Resolution No. 8252 with the intention of expediting the purchase of supplies and services for the Malburg Project; and WHEREAS, the City has determined that it needs to purchase twenty-two (22) monitor support systems, two (2) equipment support systems, four (4) three stage 45 degree transition units, two (2) single stage 48" units with optional features, two (2) three stage 30" units each with optional features, two (2) three stage 72" units with optional features, one (1) two stage 60" unit with optional features, two (2) two stage 72" units with optional features, three (3) 72" tall printer cabinets with optional features and two (2) end cover panels (hereinafter collectively referred to as the "Station A Control Console"), to facilitate the Malburg Project; and WHEREAS, Nels E. Swanson, dba Swanson Engineering & Manufacturing Company ("Swanson") submitted a proposal dated January 1, 2004, that includes a description of the proposed Station A Control Console; and 1 2 3 4 5'' 6 7' 8 9' 10 12 I'I 13 14 II' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City has determined that Swanson possesses the technical knowledge and expertise to furnish the Station A Control Console to facilitate the Malburg Project; and WHEREAS, on February 10, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, Director of Finance, dated February 5, 2004, to purchase the Station A Control Console from Swanson to facilitate the construction and operation of the Malburg Project; 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 Swanson. 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 Nels E. Swanson, dba Swanson Engineering & Manufacturing Company, 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: - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 Nels E. Swanson 1133 Redondo Boulevard Inglewood, Ca 90302 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 18th day of February, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk EONIS C. MALBURG4 Mayor - 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. 8382, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 18, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT 0 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 2711 2811 EQUIPMENT PURCHASE CONTRACT` THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 18th day of February, 2004, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN AND nnrrmrr n THE CITY OF VERNON (hereinafter referred to as ••City„ ) 4305 Santa Fe Avenue Vernon, CA 90058 NELS E. SWANSON, dba SWANSON ENGINEERING & MANUFACTURING COMPANY (hereinafter referred to as "Swanson") 1133 Redondo Boulevard Inglewood, CA 90302 WHEREAS, City is constructing the Malburg Generating Station Combined Cycle Power Plant at 2715 E. 50th Street in the City of Vernon (the "Malburg Project") for purposes of installing additional generating capacity that is capable of yielding cost effective, efficient and reliable electricity to meet its goals, while meeting Federal, State and local environmental and siting requirements; and WHEREAS, the Malburg Project team has determined that it needs to purchase twenty-two (22) monitor support systems, two (2) equipment support systems, four (4) three stage 45 degree transition units, two (2) single stage 48" units with optional features, two (2) three stage 30" units each with optional features, two (2) three stage 72" units with optional features, one (1) two stage 60" unit with optional features, two (2) two stage 72" units with optional features, I three (3) 72" tall printer cabinets with optional features and two (2) 2 end cover panels (hereinafter collectively referred to as the "Station 3 A Control Console"); and 4 WHEREAS, Swanson prepared a proposal dated on or about 5 January 1, 2004, (hereinafter referred to as the "Proposal") copies of 6 which are attached hereto as Exhibit "A" and made a part hereof, for 7 the Station A Control Console; and 8 WHEREAS, Swanson represents that it is qualified and capable 9 of furnishing the Station A Control Console described in Exhibit "A" 10 and is willing to do so on the terms and conditions set forth below; I1 and 12 WHEREAS, the City desires to enter into an agreement with 13 Swanson to provide for the purchase and delivery of the Station A 14 Control Console. 15 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 161 FORTH HEREIN: 17 1. Purchase. 18 Swanson agrees to sell and deliver the Station A Control 19 Console set forth and described in detail in Exhibit "A." It is 20 understood and agreed that in the event of a conflict between the 21 Proposal and this Contract, the terms of this Contract shall prevail. 22 2. Time of Performance. 23 The performance of Swanson as identified herein, shall 24 commence upon the full execution of this Contract and shall be 25 completed by Swanson pursuant to the terms of the Proposal, unless 26 otherwise terminated or extended. Delivery of the equipment is 27 expected to be completed no later than six (6) weeks from the issuance 28 of the City's Purchase Order. If delivery of the Station A Control - 2 - PI 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2611 2711 2811 Console is not completed within this time period, the City shall have the option of canceling this Contract in order to proceed with the purchase of the equipment from another vendor, if one can be located. The delivery date may also be extended, at the City's sole discretion, for an additional thirty (30) days,'or such other time as the parties may agree. 3. Price. Swanson agrees to perform the work described in its proposal for a sum not exceed Thirty -Nine Thousand Eight Hundred Forty -One Dollars and No Cents ($39,841.00), plus tax and shipping. 4. Payment Terms. The City agrees to pay Swanson one hundred percent (100%) of the total purchase price, net thirty (30) days after delivery and acceptance of the Station A Control Console by City FOB destination and City's receipt of an invoice from Swanson. S. Change and Extra Services. City reserves the right to make additions to or deletions from the equipment purchased from Swanson. All such changes shall be incorporated in written change orders executed by City and Swanson and shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any equipment added under this section shall be executed under all applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 6. Cancellation/Default. In the event that Swanson commits a breach of a material condition of this Contract, City shall notify Swanson in writing of said breach and if Swanson has not cured or begun reasonable efforts - 3 - 2 A 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, City shall have the right to cancel this Contract for cause based on Swanson' default. Swanson shall be responsible for any direct costs due to City's re -procurement of the equivalent of the equipment cancelled from Swanson. 7. Products of Professional Services. A. All plans, drawings, documents and other writings prepared by and for Swanson, its officers, employees, agents and subcontractors in the course of performing the services under this Contract, except working notes and internal documents, shall become the property of the City upon payment to Swanson for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Swanson or to any other party. Swanson shall, at Swanson' expense, provide such plans, drawings, documents and other writings to City upon written request. All drawings shall be in Autocad 2000 or higher. All design documents shall be in Microsoft Word format. B. Drawings produced by Swanson shall conform to the best standards of that profession. Information shall be organized in a logical and systematic manner. Drawings shall contain as much information on a single drawing as can be done without impairing clarity and quality. C. City has relied upon the professional training and ability of Swanson to perform the services hereunder as a material inducement to enter into this Contract. Swanson shall therefore provide properly skilled professional and technical personnel to perform all services under this Contract. All work performed by Swanson under this Contract shall be in accordance with applicable - 4 - I legal requirements and shall meet the standard of quality ordinarily 2 to be expected of competent professionals in Swanson' field of 3 expertise. 4 8. Confidential Information. 5 A. Access to Confidential Information. City may 6 provide Swanson and/or its subcontractors with, or allow Swanson 7 access to, certain information not available to the public concerning 8 City, or businesses located in City. The information may include 9 company information, taxes, sales, value of assets ,_or other such 10 information. All such information shall be known as "Confidential 11 Information" and may not be used to circumvent the responsibility of 12 either party to this Contract. 13 B. No Disclosure. Except as expressly p p y permitted, 14 Swanson and/or its subcontractors shall not disclose permit the 15 disclosure of, release, disseminate, or transfer, whether orally or by 16 any other means, any part of such Confidential Information to any 17 other person or entity, whether corporate, p governmental, or 18 individual, without the express prior written consent of an authorized 19 representative of City. Swanson and/or its subcontractors shall return 20 any written Confidential Information and all copies made of such items 21 to City upon City's written request, but in any event not later than 22 the date that Swanson has performed all services to be performed 231 pursuant to this Contract. Swanson hereby agrees that such 24 Confidential Information and an documents Y provided may be used by 25 Swanson and/or its subcontractors only as authorized by the City. 26 Swanson shall include a contract provision in its contract with 27 subcontractors that binds the subcontractors to this non -disclosure 28 requirement. Swanson shall take reasonable measures to avoid any - 5 - 1 2 3 4 5 6 7 8 9 10 11 121 131 141 15 16 17 18 19 20 21 22 23 24 25 26 27 2811 disclosure of any such Confidential Information to any unauthorized person. C. Court Ordered Disclosure. Swanson 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. Swanson 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 Agreement. Swanson acknowledges that in case of such breach or threatened breach of said provisions, City would have no adequate remedy at law. 9. Warranties. Swanson 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. Swanson also warrants that the equipment will be delivered new and shall be free from defects in material and workmanship. Swanson shall provide a fifteen (15) year material and labor warranty to begin upon City's acceptance of the Station A Control Console. In addition, all manufacturers' warranties, any warranties typically provided by Swanson, and any other warranties made applicable by law shall apply to the City's purchase of the materials and labor provided by Swanson. 10. Compliance with Laws. Swanson shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not - 6 - I limited to any permit or license requirements of the United States 2 Department of Commerce, as well as any laws of the United States of 31 America. 4 11. Governing Law. The validity, interpretation and 51 performance of this Contract shall be controlled and construed under 6 the laws of the State of California. 7 12. Forum Selection. Any action brought relating to this 8 Contract shall be brought and held exclusively in a state court in the 9 County of Los Angeles, California. 10 13. Notices. Notices to the parties, unless otherwise 11 requested in writing, shall be sent to: 12 13 City: THE CITY OF VERNON 14 ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR IS 4305 SANTA FE AVENUE VERNON, CA 90058-0805 16 Swanson: NELS E. SWANSON dba 17 SWANSON ENGINEERING & MANUFACTURING COMPANY 1133 REDONDO BOULEVARD 18 INGLEWOOD, CA 90302 19 15. General Provisions. 20 A. Independent Contractor. At all times during the 21 term of this Contract, Swanson shall be an independent contractor and 22 shall not be an employee of the City. The City shall have the right 23 to control Swanson only insofar as the results of Swanson' services 24 rendered pursuant to this Contract; however, the City shall not have 25 the right to control the means by which Swanson accomplishes services 26 rendered pursuant to the Contract except to the extent that such 27 services involve the use of City property or Confidential Information. 28 B. Swanson Not Agent. Except as the City may specify - 7 I in writing, Swanson shall have no authority , express or implied, to 2 act on behalf of the City in any capacity whatsoever as an agent. 3 Swanson shall have no authority, expressed or implied, pursuant to 4 this Contract to bind the City to any obligation whatsoever. 5 C. Indemnification. Swanson shall indemnify, defend, 6 protect and hold the City and its officers, agents and employees, free 7 and harmless from and against any and all claims, demands, losses, 8 damages, liabilities, fines, charges, penalties orders judgments and 9 all costs and expenses incurred in connection therewith, including 10 reasonable attorney's fees and costs of defense arising out of or 11 attributable to the negligent or wrongful acts of Swanson or its 12 subcontractors, employees or agents in the g performance of .services 13 under this Contract, except to the extent arising from or caused by 14 the sole negligence or willful misconduct of the City, its officers, 15 agents or employees. 161 D. Assignment and Subcontracting Prohibited. No party 17 to this Contract may assign or subcontract any right or obligation 18 pursuant to this Contract, except as especially and specifically 19 provided for in the Proposal or with the express written consent of 20 the other party. Any other attempted or purported assignment of any 21 right or obligation pursuant to this Contract shall be void and of no 22 effect. 23 E. Entire Agreement. This Contract constitutes the 24 complete and final expression of the agreement of the parties and is 25 intended as a complete and exclusive statement of the terms of their 26 agreement and supersedes all prior and contemporaneous offers, 27 promises, representations, negotiations, discussions, communications 28 and agreements which may have been made in connection with the subject - 8 - 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17, 18 19 20 21 22 23 24 25 26 27 28 matter hereof. All exhibits are incorporated by reference. Swanson represents that in entering into this Contract it has not relied on any previous representations or understandings of any kind or nature. F. 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 provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the parties' intent as expressed in this Contract. G. Time of the Essence. Time is of the essence in the performance of this Contract and of each and every provision hereof. H. Risk of Loss. Risk of loss or damage shall pass to the City upon installation and acceptance by the City.. I. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. J. Waiver. 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. 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. - 9 - 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K. Amendment. All changes or modifications to this Contract shall be in 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. L. Attorneys' Fees. In the event that it becomes necessary for either party to this Contract to enforce any of the provisions of this Contract, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. M. Force Ma'eure. Neither Party shall be considered to be in default in any of its obligations under this Contract when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement 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. - 10 - 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. 1 ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: Eric T. Fresch, City Attorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor NELS E. SWANSON dba SWANSON ENGINEERING & MANUFACTURING COMPANY By: NELS E .`90ANSON EXHIBIT Ll- Swanson Engineering & Manufacturing Company — . E Dataview' Console System Custom Consoles Custom Enclosures City of Vernon Proposal for New Console System January 1, 2004 Mr. Curtis Kirkland Senior Electronics Technician City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Telephone No: (323) 583-8811 Ext. 589 Fax No: (323) 585-3119 Re: Dataview Console System Quotation Quotation No: S-9725 RA Expiration Date: March 31, 2004 Terms: Net 30 Estimated Shipping Date: Four - Six Weeks After Receipt of Confirming Order This proposal contains the following information: Our Company 2 Our Products 3-4 References 4 Customer List 5 Pricing 6-7 Drawings 8-9 Renderings 10-11 (310) 673.1331 Fax (310) 673-3027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard. Inglewood. California 90302 Our Company Swanson Engineering & Manufacturing Company is a major manufacturer of custom and semi -custom consoles as used in the Data Processing, Process Control, and Traffic Management Industries. Swanson owns a 120,000 square -foot facility in Inglewood, California, of which 70,000 square -feet is dedicated to the Dataview Console product line. This allows the staging of large complex projects. Nels and Teresa Swanson founded the company in 1951. At that time, they established a simple and straight forward business philosophy: Provide their services with integrity and responsibility, manufacture quality products that fulfill the customers needs, and sell them at competitive prices. This philosophy has been the cornerstone of our success for over 50 years. During this time Swanson Engineering has pioneered the industrial marketplace with such products as Dataview Panels Boards (including the world's first walk through panel board)- - Monitrols' I, II, III, a proprietary distributive control system - - Single sided, double sided, and multi -layer printed circuit boards - - and all three lines of the Dataview Console System; Access Series, Classic Series, and Low Profile Series. Today, Swanson Engineering is still family owned and operated. The principles that have served us well over the years have been incorporated into the following mission statement: Our mission is to maintain our leadership position in the console market for unexcelled quality in products and services, and to adhere to the principles on which the company was founded in 1951. Our strategy to accomplish this is to: • Assure customer satisfaction by providing our services with responsibility and integrity • Provide innovated products at competitive prices that will adapt to meet the changing needs of our customers • For a wide range of customers and applications, continue to design, manufacture, and install our family of standard Dataview Modular Console Systems for computer data and control centers. • Unique in the industry, maintain our engineering capability to design, manufacture, and install custom fabricated consoles and enclosures for the specific requirements of our clients • Maintain open communication with representatives and distributors to foster a team environment • Empower our employees with the skills and equipment to achieve our high quality objectives • Continue to be pro -active in our responsibilities to our community and to the environment • Generate a reasonable profit for our company • (310) 673-1331 Fax (310) 673-3027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard. Inglewood. California 90302 Our Products Swanson Engineering and Manufacturing is in its 50°i year of designing and manufacturing solutions for the interfacing of man and machine. In 1984 we conceived the Dataview Modular Console, which revolutionized the interface of man and computers in the Data Process and Process Control Industries. This system was the first and only ergonomically designed, modular, custom configurable enclosure for housing industrial computers and monitors. Since that time many competitors have tried to imitate our consoles, but none have succeeded in replicating the quality and ergonomic principles that are engineered into the Dataview product line. The new Access Series Dataview Console System is the latest innovation in our pursuit of human and data interface; it is the highest quality and most advanced console available. There is more to designing a data center than simply allocating space to mount equipment. Considerable thought must be given to functionality of the layout, optimization of the human interface, overall aesthetics, and future growth possibilities. Compromises can substantially reduce the efficiency and longevity of a command center. With these facts in mind, Swanson's team of engineers designed the Dataview Console System around these four basic theories: 1) Focus on the operator Even with today's advancing technology, people are still the key to a successful data processing, network operations, or process control center. Because of this, the Dataview Console System has been designed around the operator. Strict ergonomic principles have been incorporated into the design of the console. Monitors and controls have been placed in comfortable positions to reduce repetitive motions; glare has been removed from the monitor face to reduce eye strain; proper lines of sight from the operator to the monitor have been kept to reduce operator strain; task lighting provides ample light to the work surface for reading. The monolithic black front panel has been designed to draw the operator's attention to the information displayed on the monitor by eliminating distracting changes of color on the face of the console. These features, combined with many others, help to make the Dataview System not just a cabinet to enclose equipment, but a valuable tool to assist the operator in monitoring information. 2) Aesthetics Realizing that the computer control room is the heart of a data center, as well as a showplace of its technology, aesthetics is a primary concern. The ability to match the control center's colors, provide matching peripheral equipment custom to the clients needs, and provide an aesthetically pleasing decor is a must. The attractive lines of the Dataview Console System help to turn your data center into a corporate showplace. (310) 673-1331 Fax (310) 673-3027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard. Inglewood. California 90302 3) Quality It is essential for a console system to stand up to harsh environments associated with industrial applications. It must be able to not only withstand 24 hour a day, 7 day a week operations, it must also be able to protect the equipment housed inside. Dataview's all steel design and unique features, such as its integrated spill proof ventilation system, will easily provide 15+ years of continuous operations while maintaining its showplace look. 4) Modularity Recognizing that technology is rapidly changing, it is essential that the console be completely modular. This allows for an initial installation to meet the client's current needs, as well as reconfiguration and additions to meet their future needs. References Mr. Scott Smith Mitsubishi Cement Corporation 5808 State Highway 18 Lucerne Valley, CA 92356 (760) 248-7373 Mr. Jim Warner Los Angeles County Sheriff's Department 441 Bauchet Street Los Angeles, CA 90012 (213)974-8525 Mr. Bob Miller Computer Power Solutions 4644 Katella Avenue Los Alamitos, CA 90720 (800) 493-4487 Ext. 29 The customers listed above have allowed us to use them for references, however, we ask that their privacy be respected and that this information be used solely for the purpose of ascertaining customer satisfaction for the products and services provided by Swanson Engineering & Manufacturing Co. The following page contains a partial list of customers and location that we have worked with over our 50 years in business. (310) 673-1331 Fax (310) 673-3027 WWW DATAVIEWONLINE.COM 1133 Redondo Boulevard. Inglewood. California 90302 PARTIAL CUSTOMER LIST ANHEUSER-BUSCH CORPORATION Baldwinsville, NY Houston, TX* Jacksonville, FL* Los Angeles, CA* Merriac, NH Newark, NJ St. Louis, MO* Williamsburg, VA* AT&T CORPORATION Alpharetta, GA El Segundo, CA Jacksonville, FL Maitland, FL San Jose, CA BECHTEL SYSTEMS Arkadelphia, AR Carlin, NV Dagget, CA BANK OF AMERICA Concord, CA Los Angeles, CA San Francisco, CA BURLINGTON NORTHERN Idaho Falls, ID St. Paul, MN CEMEX Hermosillo, Sonora, Mexico* Monterrey, Nuevo Leon, Mexico Tamuin, Mexico* Torreon, Coahuila, Mexico Victorville, CA, USA* COLUMBIAN CHEMICAL Centerville, LA* El Dorado, GA* Hamilton, Ontario, Canada Ulysses, KS Franklin Lakes, NJ Poughkeepsie, NY Tampa, FL Tucson, AZ JET PROPULSION LABORATORY Cassini Real Time Ops, Pasadena, CA , Demonstration Room, Pasadena, CA KRAFT FOODS Battle Creek, MI Jonesboro, AR Madeira, CA Modesto, CA LAFARGE CEMENT Alpena, MI Baffalo, IA Chesapeake, VA Kamloops, BC, Canada LOS ANGELES SHERIFF'S DEPARTMENT TST Division, Los Angeles, CA Men's Central Jail, Los Angeles, CA* MCI Lodi, CA Rybrook, NY METROPOLITAN LIFE Clark Summit, PA Greenbush, NY Troy, NY ROAMER ONE Garden Grove, CA Kansas City, MO ROSS/ABBOT LABS Casa Grande, AZ* Sturgis, MI IBM CORPORATION SOUTHERN CALIFORNIA EDISON Austin, TX Bishop, CA Boulder, CO Monterey Park, CA --Y 1331 Fax (310) 673-3027 —-WWW.DAYRHIR7�(7rIN-Z OM - -- :BOCa Ram - ---- Dallas. TX 1133 Redondo Boulevard. Inglewood. California 90302 TEXACO, CORPORATION North Plant, Eunice, NM South Plant, Eunice, NM UNOCAL CORPORATION Kenai, AK Mountain Pass, CA U.S. BORAX Dissolver Control Room, Boron, CA Granulating Control Room, Boron, CA * Multiple control rooms at these locations (310) 673-1331 Fax (310) 673-3027 WWW_DATAVIEWONLINE.COM 1133 Redondo Boulevard. Inglewood. California 90302 Console Components • Twenty -Two (22) Monitor Support Systems • Two (2) Equipment Support Systems • Four (4) Three Stage 45 Degree Transition Units • Two (2) Single Stage 48" Units each with the following standard and optional features (Units Number 1 & 2): (1) Front Hinged Doors (1) Removable Floor (1) Six Receptacle Power Strip 15 Amp (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Removable panel with hole and grommet for keyboard and mouse Wiring ♦ Two (2) Three Stage 30" Units each with the following standard and optional features (Units Number 4 & 8): (1) Front Hinged Door (1) Removable Floor (1) Six Receptacle Power Strip 15 Amp (1) Second Stage Equipment Support Foundation (1) Third Stage Equipment Support Foundation (2) (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Removable panel with hole and grommet for keyboard and mouse Wiring ♦ Two (2) Three Stage 72" Units each with the following standard and optional features (Units Number 3 & 9): (1) Front Hinged Doors (1) Removable Floor (2) Six Receptacle Power Strips 15 Amp (1) Second Stage Equipment Support Foundation (1) Third Stage Equipment Support Foundation (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Removable panel with hole and grommet for keyboard and mouse Wiring Console Components (Continued) • One (1) Two Stage 60" Unit with the following standard and optional features (Unit Number 6): (1) Front Hinged Door (1) Removable Floor (1) Six Receptacle Power Strip 15 Amp (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Second Stage Equipment Support Foundation (1) Removable panel with hole and grommet for keyboard and mouse Wiring • Two (2) Two Stage 72" Units including a single 24" Third Stage Unit with the following standard and optional features (Unit Number 5 & 7): (1) Front Hinged Door (1) Removable floor (1) Six Receptacle Power Strip 15 Amp (1) 2" High Pressure particle board work surface covered with a post forming high pressure laminate (1) Second Stage Equipment Support Foundation (1) Third Stage Equipment Support Foundation (1) Removable panel with hole and grommet for keyboard and mouse Wiring Console Total: $ 34,291.00 Printer Cabinets • Three (3) 72" Tall Printer Cabinets with the following standard and optional features: (1) Front Hinged Door (3) Printer Slide Out Trays (1) Six Receptacle Power Strip 15 Amp ♦ Two (2) End Cover Panels Printer Cabinet Total: $ 5,550.00 Total Console and Printer Cabinet Price: $ 39,841.00 Estimated Shipping and Installation Price: $ 2,500.00 Grand Total: $ 42,341.00 Note. Prices are F.O.B., our dock, Inglewood, California. They are exclusive of any state or local taxes. We thank you for considering us as the supplier for your needs and assure you and your associates of our full cooperation should this proposal result in a purchase order. Sincerely, Brian R. Swanson Marketing Manager f afj, s } )i.ili }pi - 3 3. r( sf;i;Jf�Jt a��c]ft� 3 +sr4 P, ` 11:-q t g 5•; `�!a�j ,�r6 ) �t t !s� ; 4 rib a }'A it{, ��x afi a+ .j+i 7 /};4[ }r� � #�� � t f tr• ,! is ,a} r ��� �� i��akZ � 3{ s f ��f � ,,.; � � 3 +� t F i / F moms a ai 1 "• a � ! x -yj f r x? RAW ] NV - y 'ring fax k MV MUNN Au !f�°=i� +fir/�tt,;, '•r��=i���yyc�ff� ; � ��Yt�1�. at g 1� � _ (ri �a3-�P A fi 1?)t FfFa Z i fil }1- ! iiy t i� +f �t r. � y ;t iii I lit � ! • r i � � + a i a 110 SUPPORTING DOCUMENTS r e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 221 231 24 25 26 27 28 EQUIPMENT PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 18th day of February, 2004, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN AND RECITALS THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 NELS E. SWANSON, dba SWANSON ENGINEERING & MANUFACTURING COMPANY (hereinafter referred to as "Swanson") 1133 Redondo Boulevard Inglewood, CA 90302 WHEREAS, City is constructing the Malburg Generating Station Combined Cycle Power Plant at 2715 E. 50th Street in the City of Vernon (the "Malburg Project") for purposes of installing additional generating capacity that is capable of yielding cost effective, efficient and reliable electricity to meet its goals, while meeting Federal, State and local environmental and siting requirements; and WHEREAS, the Malburg Project team has determined that it needs to purchase twenty-two (22) monitor support systems, two (2) equipment support systems, four (4) three stage 45 degree transition units, two (2) single stage 48" units with optional features, two (2) three stage 30" units each with optional features, two (2) three stage 72" units with optional features, one (1) two stage 60" unit with optional features, two (2) two stage 72" units with optional features, three (3) 72" tall printer cabinets with optional features and two (2) end cover panels (hereinafter collectively referred to as the `Station A Control Console"); and WHEREAS, Swanson prepared a proposal dated on or about January 1, 2004, (hereinafter referred to as the "Proposal") copies of which are attached hereto as Exhibit "A" and made a part hereof, for the Station A Control Console; and WHEREAS, Swanson represents that it is qualified and capable of furnishing the Station A Control Console described in Exhibit "A" and is willing to do so on the terms and conditions set forth below; and WHEREAS, the City desires to enter into an agreement with Swanson to provide for the purchase and delivery of the Station A Control Console. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Purchase. Swanson agrees to sell and deliver the Station A Control Console set forth and described in detail in Exhibit "A." It is understood and agreed that in the event of a conflict between the Proposal and this Contract, the terms of this Contract shall prevail. 2. Time of Performance. The performance of Swanson as identified herein, shall commence upon the full execution of this Contract and shall be completed by Swanson pursuant to the terms of the Proposal, unless otherwise terminated or extended. Delivery of the equipment is expected to be completed no later than six (6) weeks from the issuance of the City's Purchase Order. If delivery of the Station A Control - 2 - Console is not completed within this time period, the City shall have the option of canceling this Contract in order to proceed with the purchase of the equipment from another vendor, if one can be located. The delivery date may also be extended, at the City's sole discretion, for an additional thirty (30) days, or such other time as the parties may agree. 3. Price. Swanson agrees to perform the work described in its proposal for a sum not exceed Thirty -Nine Thousand Eight Hundred Forty -One Dollars and No Cents ($39,841.00), plus tax and shipping. 4. Payment Terms. The City agrees to pay Swanson one hundred percent (1000) of the total purchase price, net thirty (30) days after delivery and acceptance of the Station A Control Console by City FOB destination and City's receipt of an invoice from Swanson. 5. Change and Extra Services. City reserves the right to make additions to or deletions from the equipment purchased from Swanson. All such changes shall be incorporated in written change orders executed by City and Swanson and shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any equipment added under this section shall be executed under all applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 6. Cancellation/Default. In the event that Swanson commits a breach of a material condition of this Contract, City shall notify Swanson in writing of said breach and if Swanson has not cured or begun reasonable efforts - 3 - to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, City shall have the right to cancel this Contract for cause based on Swanson' default. Swanson shall be responsible for any direct costs due to City's re -procurement of the equivalent of the equipment cancelled from Swanson. 7. Products of Professional Services. A. All plans, drawings, documents and other writings prepared by and for Swanson, its officers, employees, agents and subcontractors in the course of performing the services under this Contract, except working notes and internal documents, shall become the property of the City upon payment to Swanson for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Swanson or to any other party. Swanson shall, at Swanson' expense, provide such plans, drawings, documents and other writings to City upon written request. All drawings shall be in Autocad 2000 or higher. All design documents shall be in Microsoft Word format. B. Drawings produced by Swanson shall conform to the best standards of that profession. Information shall be organized in a logical and systematic manner. Drawings shall contain as much information on a single drawing as can be done without impairing clarity and quality. C. City has relied upon the professional training and ability of Swanson to perform the services hereunder as a material inducement to enter into this Contract. Swanson shall therefore provide properly skilled professional and technical personnel to perform all services under this Contract. All work performed by Swanson under this Contract shall be in accordance with applicable - 4 - I legal requirements and shall meet the standard of quality ordinarily 2 to be expected of competent professionals in Swanson' field of 3 expertise. 4 8. Confidential Information. 5 A. Access to Confidential Information. City may 6 provide Swanson and/or its subcontractors with, or allow Swanson 7 access to, certain information not available to the public concerning 8 City, or businesses located in City. The information may include 9 company information, taxes, sales, value of assets, or other such 10 information. All such information shall be known as "Confidential 11 Information" and may not be used to circumvent the responsibility of 12 either party to this Contract. 13 B. No Disclosure. Except as expressly permitted, 14 Swanson and/or its subcontractors shall not disclose, permit the 15 disclosure of, release, disseminate, or transfer, whether orally or by 16 any other means, any part of such Confidential Information to any 17 other person or entity, whether corporate, governmental, or 18 individual, without the express prior written consent of an authorized 19 representative of City. Swanson and/or its subcontractors shall return 20 any written Confidential Information and all copies made of such items 21 to City upon City's written request, but in any event not later than 22 the date that Swanson has performed all services to be performed 23 pursuant to this Contract. Swanson hereby agrees that such 24 Confidential Information and any documents provided may be used by 25 Swanson and/or its subcontractors only as authorized by the City. 26 Swanson shall include a contract provision in its contract with 27 subcontractors that binds the subcontractors to this non -disclosure 28 requirement. Swanson shall take reasonable measures to avoid any - 5 - I disclosure of any such Confidential Information to any unauthorized 2 person. 3 C. Court Ordered Disclosure. Swanson shall 4 immediately notify City of any court order or subpoena requiring 5 disclosure of Confidential Information, and shall cooperate with 6 City's legal counsel in responding to any such order or subpoena. 7 Swanson may only disclose Confidential Information required to be 8 disclosed pursuant to court order or subpoena after legal counsel has 9 exhausted any lawful and timely appeal or challenge. 10 D. Remedies. In addition to any other remedies that 11 it may have at law or in equity, City shall be entitled to a temporary 12 and permanent injunction by a court of competent jurisdiction against 13 any breach or threatened breach of the Confidential Information 14 provisions of this Agreement. Swanson acknowledges that in case of 15 such breach or threatened breach of said provisions, City would have 16 no adequate remedy at law. 17 9. Warranties. Swanson warrants title to the equipment 18 purchased hereunder and any part thereof to be free of any claim of 19 any security interest, lien or any encumbrance. Swanson also warrants 20 that the equipment will be delivered new and shall be free from 21 defects in material and workmanship. Swanson shall provide a fifteen 22 (15) year material and labor warranty to begin upon City's acceptance 23 of the Station A Control Console. In addition, all manufacturers' 24 warranties, any warranties typically provided by Swanson, and any 25 other warranties made applicable by law shall apply to the City's 26 purchase of the materials and labor provided by Swanson. 27 10. Compliance with Laws. Swanson shall strictly observe 28 and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not - 6 - I limited to any permit or license requirements of the United States 2 Department of Commerce, as well as any laws of the United States of 3 America. 4 11. Governing Law. The validity, interpretation and 5 performance of this Contract shall be controlled and construed under 6 the laws of the State of California. 7 12. Forum Selection. Any action brought relating to this 8 Contract shall be brought and held exclusively in a state court in the 9 County of Los Angeles, California. 10 13. Notices. Notices to the parties, unless otherwise 11 requested in writing, shall be sent to: 12 13 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST 14 CITY ADMINISTRATOR 15 4305 SANTA FE AVENUE VERNON, CA 90058-0805 16 Swanson: NELS E. SWANSON dba 17 SWANSON ENGINEERING & MANUFACTURING COMPANY 1133 REDONDO BOULEVARD 18 INGLEWOOD, CA 90302 19 15. General Provisions. 20 A. Independent Contractor. At all times during the 21 term of,this Contract, Swanson shall be an independent contractor and 22 shall not be an employee of the City. The City shall have the right 23 to control Swanson only insofar as the results of Swanson' services 24 rendered pursuant to this Contract; however, the City shall not have 25 the right to control the means by which Swanson accomplishes services 26 rendered pursuant to the Contract except to the extent that such 27 services involve the use of City property or Confidential Information. 28 B. Swanson Not Agent. Except as the City may specify - 7 - I in writing, Swanson shall have no authority, express or implied, to 2 act on behalf of the City in any capacity whatsoever as an agent. 3 Swanson shall have no authority, expressed or implied, pursuant to 4 this Contract to bind the City to any obligation whatsoever. 5 C. Indemnification. Swanson shall indemnify, defend, 6 protect and hold the City and its officers, agents and employees, free 7 and harmless from and against any and all claims, demands, losses, 8 damages, liabilities, fines, charges, penalties, orders, judgments and 9 all costs and expenses incurred in connection therewith, including 10 reasonable attorney's fees and costs of defense arising out of or 11 attributable to the negligent or wrongful acts of Swanson or its 12 subcontractors, employees or agents in the performance of services 13 under this Contract, except to the extent arising from or caused by 14 the sole negligence or willful misconduct of the City, its officers, 15 agents or employees. 16 D. Assignment and Subcontracting Prohibited. No party 17 to this Contract may assign or subcontract any right or obligation 18 pursuant to this Contract, except as especially and specifically 19 provided for in the Proposal or with the express written consent of 20 the other party. Any other attempted or purported assignment of any 21 right or obligation pursuant to this Contract shall be void and of no 22 effect. 23 E. Entire Agreement. This Contract constitutes the 24 complete and final expression of the agreement of the parties and is 25 intended as a complete and exclusive statement of the terms of their 26 agreement and supersedes all prior and contemporaneous offers, 27 promises, representations, negotiations, discussions, communications 28 and.agreements which may have been made in connection with the subject - 8 - matter hereof. All exhibits are incorporated by reference. Swanson represents that in entering into this Contract it has not relied on any previous representations or understandings of any kind or nature. F. 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 provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the parties' intent as expressed in this Contract. G. Time of the Essence. Time is of the essence in the performance of this Contract and of each and every provision hereof. H. Risk of Loss. Risk of loss or damage shall pass to the City upon installation and acceptance by the City. I. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. J. Waiver. 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. 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. - 9 - I K. Amendment. All changes or modifications to this 2 Contract shall be in writing stating that it is an amendment to this 3 Contract and shall be signed by both parties or their duly authorized 4 agents. This Contract shall not be modified through course of 5 dealing, usage or trade. 6 L. Attorneys' Fees. 7 In the event that it becomes necessary for either party 8 to this Contract to enforce any of the provisions of this Contract, 9 the parties agree that a court of competent jurisdiction may determine 10 and fix reasonable attorney's fees to be paid to the successful 11 litigant. 12 M. Force Majeure. Neither Party shall be considered 13 to be in default in any of its obligations under this Contract when a 14 failure of performance shall be due to an uncontrollable force. The 15 term "uncontrollable force" shall mean any cause beyond the control of 16 the party affected, including, but not restricted to, flood, 17 earthquake, storm, fire, lightening, epidemic, war, riot, civil 18 disturbance or disobedience, labor dispute, labor material shortage, 19 sabotage, federal, state, or municipal action, statute, ordinance, or 20 regulation, embargoes of the United States Government or any other 21 government, which by exercise of due diligence such party could not 22 reasonably have been expected to avoid and by exercise of due 23 diligence has been unable to overcome. Either party rendered unable 24 to fulfill any of its obligations under this Agreement by reason of an 25 uncontrollable force, shall give written notice within five (5) 26 business days of such fact to the other party and shall exercise due 27 diligence to remove such inability with all reasonable dispatch. 28 - 10 - 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 B y :.� , LEONIS C. MAL8JQRG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO F RM: E c T. Fr sch, C y Attorney NELS E. SWANSON dba SWANSON ENGINEERING & MANUFACTURING COMPANY BY'd/%/.�/ice NELS��/ SWANSON Swanson Engineering & Manufacturing Company Datavlew "Console System Custom Consoles Custom Enclosures NeIS e�- .- City of Vernon Proposal for New Console System January 1, 2004 Mr. Curtis Kirkland Senior Electronics Technician City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Telephone No: (323) 583-8811 Ext. 589 Fax No: (323) 585-3119 Re: Dataview Console System Quotation Quotation No: S-9725 RA Expiration Date: March 31, 2004 Terms: Net 30 Estimated Shipping Date: Four - Six Weeks After Receipt of Confirming Order This proposal contains the following information: Our Company 2 Our Products 3-4 References 4 Customer List 5 Pricing 6-7 Drawings 8-9 Renderings 10 - 11 (310) 673-1331 Fax (310) 6733027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard. Inglewood. California 90302 Our Company Swanson Engineering & Manufacturing Company is a major manufacturer of custom and semi -custom consoles as used in the Data Processing, Process Control, and Traffic Management Industries. Swanson owns a 120,000 square -foot facility in Inglewood, California, of which 70,000 square -feet is dedicated to the Dataview Console product line. This allows the staging of large complex projects. Nels and Teresa Swanson founded the company in 1951. At that time, they established a simple and straight forward business philosophy: Provide their services with integrity and responsibility, manufacture quality products that fulfill the customers needs, and sell them at competitive prices. This philosophy has been the cornerstone of our success for over 50 years. During this time Swanson Engineering has pioneered the industrial marketplace with such products as Dataview Panels Boards (including the world's first walk through panel board)- - Monitrols' I, II, III, a proprietary distributive control system - - Single sided, double sided, and multi -layer printed circuit boards - - and all three lines of the Dataview Console System; Access Series, Classic Series, and Low Profile Series. Today, Swanson Engineering is still family owned and operated. The principles that have served us well over the years have been incorporated into the following mission statement: Our mission is to maintain our leadership position in the console market for unexcelled quality in products and services, and to adhere to the principles on which the company was founded in 1951. Our strategy to accomplish this is to: • Assure customer satisfaction by providing our services with responsibility and integrity • Provide innovated products at competitive prices that will adapt to meet the changing needs of our customers • For a wide range of customers and applications, continue to design, manufacture, and install our family of standard Dataview Modular Console Systems for computer data and control centers. • Unique in the industry, maintain our engineering capability to design, manufacture, and install custom fabricated consoles and enclosures for the specific requirements of our clients • Maintain open communication with representatives and distributors to foster a team environment • Empower our employees with the skills and equipment to achieve our high quality objectives • Continue to be pro -active in our responsibilities to our community and to the environment _•_ Generate a reasonable profit for our company (310)673-1331 Fax (310) 673-3027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard, Inglewood, California 90302 Our Products Swanson Engineering and Manufacturing is in its 5e year of designing and manufacturing solutions for the interfacing of man and machine. In 1984 we conceived the Dataview Modular Console, which revolutionized the interface of man and computers in the Data Process and Process Control Industries. This system was the first and only ergonomically designed, modular, custom configurable enclosure for housing industrial computers and monitors. Since that time many competitors have tried to imitate our consoles, but none have succeeded in replicating the quality and ergonomic principles that are engineered into the Dataview product line The new Access Series Dataview Console System is the latest innovation in our pursuit of human and data interface; it is the highest quality and most advanced console available. There is more to designing a data center than simply allocating space to mount equipment. Considerable thought must be given to functionality of the layout, optimization of the human interface, overall aesthetics, and future growth possibilities. Compromises can substantially reduce the efficiency and longevity of a command center. With these facts in mind, Swanson's team of engineers designed the Dataview Console System around these four basic theories: 1) Focus on the operator Even with today's advancing technology, people are still the key to a successful data processing, network operations, or process control center. Because of this, the Dataview Console System has been designed around the operator. Strict ergonomic principles have been incorporated into the design of the console. Monitors and controls have been placed in comfortable positions to reduce repetitive motions; glare has been removed from the monitor face to reduce eye strain; proper lines of sight from the operator to the monitor have been kept to reduce operator strain; task lighting provides ample light to the work surface for reading. The monolithic black front panel has been designed to draw the operator's attention to the information displayed on the monitor by eliminating distracting changes of color on the face of the console. These features, combined with many others, help to make the Dataview System not just a cabinet to enclose equipment, but a valuable tool to assist the operator in monitoring information. 2) Aesthetics Realizing that the computer control room is the heart of a data center, as well as a showplace of its technology, aesthetics is a primary concern. The ability to match the control center's colors, provide matching peripheral equipment custom to the clients needs, and provide an aesthetically pleasing decor is a must. The attractive lines of the Dataview Console System help to turn your data center into a corporate showplace. • (310) 673 1331 Fax (310) 673-3027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard, Inglewood. California 90302 3) Quality It is essential for a console system to stand up to harsh environments associated with industrial applications. It must be able to not only withstand 24 hour a day, 7 day a week operations, it must also be able to protect the equipment housed inside. Dataview's all steel design and unique features, such as its integrated spill proof ventilation system, will easily provide 15+ years of continuous operations while maintaining its showplace look. 4) Modularity Recognizing that technology is rapidly changing, it is essential that the console be completely modular. This allows for an initial installation to meet the client's current needs, as well as reconfiguration and additions to meet their future needs. References Mr. Scott Smith Mitsubishi Cement Corporation 5808 State Highway 18 Lucerne Valley, CA 92356 (760) 248-7373 Mr. Jim Warner Los Angeles County Sheriff's Department 441 Bauchet Street Los Angeles, CA .90012 (213)974-8525 Mr. Bob Miller Computer Power Solutions 4644 Katella Avenue Los Alamitos, CA 90720 (800) 493-4487 Ext. 29 The customers listed above have allowed us to use them for references, however, we ask that their privacy be respected and that this information be used solely for the purpose of ascertaining customer satisfaction for the products and services provided by Swanson Engineering & Manufacturing Co. The following page contains a partial list of customers and location that we have worked with over our 50 years in business. • (310) 673-1331 Fax (310) 6733027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard. Inglewood. California 90302 PARTIAL CUSTOMER LIST ANHEUSER-BUSCH CORPORATION Baldwinsville, NY Houston, TX* Jacksonville, FL* Los Angeles, CA* Merriac, NH Newark, NJ St. Louis, MO* Williamsburg, VA* AT&T CORPORATION Alpharetta, GA El Segundo, CA Jacksonville, FL Maitland, FL San Jose, CA BECHTEL SYSTEMS Arkadelphia, AR Carlin, NV Dagget, CA BANK OF AMERICA Concord, CA Los Angeles, CA San Francisco, CA BURLINGTON NORTHERN Idaho Falls, ID St. Paul, MN CEMEX Hermosillo, Sonora, Mexico* Monterrey, Nuevo Leon, Mexico Tamuin, Mexico* Torreon, Coahuila, Mexico Victorville, CA, USA* COLUMBIAN CHEMICAL Centerville, LA* El Dorado, GA* Hamilton, Ontario, Canada Ulysses, KS Franklin Lakes, NJ Poughkeepsie, NY Tampa, FL Tucson, AZ JET PROPULSION LABORATORY Cassini Real Time Ops, Pasadena, CA , Demonstration Room, Pasadena, CA I RAFT FOODS Battle Creek, MI Jonesboro, AR Madeira, CA Modesto, CA LAFARGE CEMENT Alpena, MI Baffalo, IA Chesapeake, VA Kamloops, BC, Canada LOS ANGELES SHERIFF'S DEPARTMENT TST Division, Los Angeles, CA Men's Central Jail, Los Angeles, CA* IMCI Lodi, CA Rybrook, NY METROPOLITAN LIFE Clark Summit, PA Greenbush, NY Troy, NY ROAMER ONE Garden Grove, CA Kansas City, MO ROSS/ABBOT LABS Casa Grande, AZ* Sturgis, MI IBM CORPORATION SOUTHERN CALIFORNIA EDISON Austin, TX Bishop, CA Boulder, CO Monterey Park, CA -- -�$OCa Rag1331 Fax (310) 6733027 WWW. DA I . OM -- Dallas. TX 1133 Redondo Boulevard. Inglewood. California 90302 TEXACO, CORPORATION North Plant, Eunice, NM U.S. BORAX South Plant, Eunice, NM Dissolver Control Room, Boron, CA UNOCAL CORPORATION Granulating Control Room, Kenai, AK Boron, CA Mountain Pass, CA Multiple control rooms at these locations • (310) 673-1331 Fax (310) 673-3027 WWW.DATAVIEWONLINE.COM 1133 Redondo Boulevard, Inglewood. California 90302 Console Components ♦ Twenty -Two (22) Monitor Support Systems ♦ Two (2) Equipment Support Systems • Four (4) Three Stage 45 Degree Transition Units ♦ Two (2) Single Stage 48" Units each with the following standard and optional features (Units Number 1 & 2): (1) Front Hinged Doors (1) Removable Floor (1) Six Receptacle Power Strip 15 Amp (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Removable panel with hole and grommet for keyboard and mouse Wiring ♦ Two (2) Three Stage 30" Units each with the following standard and optional features (Units Number 4 & 8): (1) Front Hinged Door (1) Removable Floor (1) Six Receptacle Power Strip 15 Amp (1) Second Stage Equipment Support Foundation (1) Third Stage Equipment Support Foundation (2) (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Removable panel with hole and grommet for keyboard and mouse Wiring ♦ Two (2) Three Stage 72" Units each with the following. standard and optional features (Units Number 3 & 9): (1) Front Hinged Doors (1) Removable Floor (2) Six Receptacle Power Strips 15 Amp (1) Second Stage Equipment Support Foundation (1) Third Stage Equipment Support Foundation (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Removable panel with hole and grommet for keyboard and mouse Wiring Console Components (Continued) ♦ One (1) Two Stage 60" Unit with the following standard and optional features (Unit Number 6): (1) Front Hinged Door (1) Removable Floor (1) Six Receptacle Power Strip 15 Amp (1) 2" High pressure particle board work surface covered with a post forming high pressure laminate (1) Second Stage Equipment Support Foundation (1) Removable panel with hole and grommet for keyboard and mouse Wiring ♦ Two (2) Two Stage 72" Units including a single 2V Third Stage Unit with the following standard and optional features (Unit Number- 5 & 7): (1) Front Hinged Door (1) Removable floor (1) Six Receptacle Power Strip 15 Amp (1) 2" High Pressure particle board work surface covered with a post forming high pressure laminate (1) Second Stage Equipment support Foundation (1) Third Stage Equipment Support Foundation (1) Removable panel with hole and grommet for keyboard and mouse Wiring Console Total: $ 34,291.00 Printer Cabinets ♦ Three (3) 72" Tall Printer Cabinets with the following standard and optional features: (1) Front Hinged Door (3) Printer Slide Out Trays (1) Six Receptacle Power Strip 15 Amp ♦ Two (2) End Cover Panels Printer Cabinet Total: $ 5,550.00 Total Console and Printer Cabinet Price: $ 39,841.00 Estimated Shipping and Installation Price: $ 2,500.00 Grand Total: $ 42,341.00 Note: Prices are F.O.B., our dock, Inglewood, Califomia. They are exclusive of any state or local taxes. We thank you for considering us as the supplier for your needs and assure you and your associates of our full cooperation should this proposal result in a purchase order. Sincerely, Brian R. Swanson Marketing Manager S owl c 9� o i lI_AW s .s s 9 .s s ,8.s r e a s R R J Li dJ 1 ------- -- ---- ---- terra P V N ©: 4 a a 0