Resolution No. 83941
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RESOLUTION NO, 8394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO EQUIPMENT ORDER AGREEMENT
BY AND BETWEEN THE CITY OF VERNON AND ACCURATE
TELECOM INC. 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, to facilitate the construction of the Malburg
Project, the City needs to create suitable office space to house
support staff and provide storage at 2670 Leonis Boulevard in the City
of Vernon (the "Leonis Property"); and
WHEREAS, certain building improvements are required to
effectuate the relocation of the City's staff; and
WHEREAS, on May 2, 2001, the City Council of the City of
Vernon adopted Resolution No. 7754 approving and authorizing the
execution of an Equipment Order Agreement (No. DC7070 Rev2) ("the
Agreement") with Accurate Telecom, Inc. ("Accurate") for the purchase
and installation of the City's Mitel Telephone System and continuing
maintenance support; and
WHEREAS, the Agreement with Accurate provides that it may be
amended by mutual consent of the parties; and
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WHEREAS, on or about January 15, 2004, Accurate provided the
City with Quotation No. 103119 to provide twenty-six (26) telephones
and licenses for the remodeling of the offices located at the Leonis
Property; and
WHEREAS, on February 24, 2004, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Finance, to purchase the telephones and licenses from Accurate Telecom
Inc. for the remodeling 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 an amendment with Accurate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION l: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. One to Equipment Order Agreement with
Accurate Telecom 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 Amendment for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Amendment to:
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Accurate Telecom Inc.
Attn. K. C. Jones, President
16108 Corvello Street
Van Nuys, CA 91406
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 3rd day of March, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALBORG, Ma or
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8394, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 3,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Cler
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EXHIBIT
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AMENDMENT NO. ONE TO EQUIPMENT
ORDER AGREEMENT
THIS AMENDMENT NO. ONE TO EQUIPMENT ORDER AGREEMENT 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 3Id day of March, 2004, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
AND
THE CITY OF VERNON
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
ACCURATE TELECOM INC.
(hereinafter referred
to as "ATI")
16108 Corvello Street
Van Nuys, CA 91406
WHEREAS, City and ATI are parties to an Equipment Order
Agreement No. dated February 5, 2001 (hereinafter referred to as the
"Agreement") for the purchase of the City's Mitel Telephone System; and
WHEREAS, Section 22 of the Agreement provides for amendments
and modifications to the Agreement; and
WHEREAS, City and ATI desire to amend the Agreement to
provide for the purchase, installation and programming of twenty-six
(26) SS5220 IP phones and twenty-six (26) 3300 IP telephone user
licenses at 2670 Leonis Boulevard for the Malburg Generating Station
Project in accordance with Quotation No. 103119 dated January 15,
2004.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1 SECTION 1: In addition to the equipment outlined in Section
2 1 of the Agreement entitled AGREEMENT OF SALE, ATI shall sell, deliver
3 and install the equipment described in Quotation No. 103119 dated
4 January 15, 2004, (a copy of which is attached hereto as Exhibit "A"
5 and incorporated herein by reference) to the Customer's facility at
6 2670 Leonis Blvd., Vernon, California.
7 SECTION 2: In addition to the installation date outlined in
8 Section 2 of the Agreement entitled ESTIMATED INSTALLATION DATE, the
9 parties' best estimate of the installation date for the equipment that
10 is the subject of this amendment is February 27, 2004.
11 SECTION 3: In addition to the payment due dates outlined in
12 Section 3 of the Agreement entitled PURCHASE AND TERMS OF PAYMENT,
13 Customer shall purchase the equipment for the purchase price of
14 $13,088.44, including labor, materials, sales tax and less discounts,
15 payable one hundred percent (1000) of the total purchase price, net
16 thirty (30) days after delivery and acceptance of the equipment by
17 City and City's receipt of an invoice from ATI.
18 SECTION 4: In all other respects, the terms and conditions
19 of the Agreement shall be renewed in its entirety.
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IN WITNESS WHEREOF, the parties have caused this Amendment
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:
ERIC T. FRESCH, City Attorney
CITY OF VERNON
LEONIS C. MALBURG, Mayor
ACCURATE TELECOM INC.
A California Corporation
By:
K.C. Jones
Title: President
By:
Title:
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EXHIBIT
VA&
• Ali 1��104 11:39am P. 002
ACCURATE TELECOM INC QUOTATION
16108 COVELLO, VAN NUYS, CA 91406
SERVICE (818) 779-6144 • SALES (818) 997-6700 • FAX (818) 77MI14
BILLING ADDRESS: _ INSTALLATION ADDRESS:
CITY OF VERNON ,l- , f � ,� -~ '.:;,� Y.:bt~IJQIN';
4305 SANTA FE. AVE. ; ; j4 , 44N.r� Fit
VERNON - • `., , �,...
CA . 90058- CA 90058-_.
CARLOS FANDINO
(323) 583-8811"
ovorAT10N s: 103119
DATE:
03. / 15 / 2004
SALES REP.;: 217
UANTITY
ITEM--AAR•I-_ #��
Z fEM-DESCRP1 IOM
GUST -PRICE
26
26
SeQ-02818
M
52.20 IF PHONE OK GREY
9,828 00
52001161,
M
3300 IP PHONE LIC
2,379.78
-1
DISCOUNT
M
EQUIPMENT DISCOUNT
-1.220.77
1
LABOR
M
INSTALLATION LABOR
1,195.00
Scope of Work: Provide, install & program (26) SS5220 IP
telephones at cLIstomer's new bui.ldinq location 7-670 Leonis Blvd. Install
(26) 3300 IP telephone user licenses.
Note: The installation of the user licenses require for the 3300 to be shut-
down. The installation will take place after hours.
Accepted By:
CV/CV
TOTAL LABOR
TOTAL MATERIAL.
TOTAL SALES -TAX ON MATERIAL:
TOTAL SALES --TAX ON LABOR ,
DEPOSIT RECEIVEO:
TOTAL AMOUNT DUE:
Date: /
*** Thank you for the opportunity to provide this Quotation ***
*** We look forward to your acceptance '**
1.195.00
10,987.01
906.43
0.00
0.00
13,088.44
Return Fees: Returned Itemsare subject a max
-4 'mum 25% ieatotidng charge. No return on Special Ordered Items. No returns wUl be allowed
SUPPORTING
DOCUMENTS
R .¢
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AMENDMENT NO. ONE TO EQUIPMENT
ORDER AGREEMENT
THIS AMENDMENT NO. ONE TO EQUIPMENT ORDER AGREEMENT 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 3rd day of March, 2004, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
AND
RECITALS
THE CITY OF VERNON
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
ACCURATE TELECOM INC.
(hereinafter referred
to as "ATI")
16108 Corvello Street
Van Nuys, CA 91406
WHEREAS, City and ATI are parties to an Equipment Order
Agreement No. dated February 5, 2001 (hereinafter referred to as the
"Agreement") for the purchase of the City',s Mitel Telephone System; and
WHEREAS, Section 22 of the Agreement provides for amendments
and modifications to the Agreement; and
WHEREAS, City and ATI desire to amend the Agreement to
provide for the purchase, installation and programming of twenty-six
(26) SS5220 IP phones and twenty-six (26) 3300 IP telephone user
licenses at 2670 Leonis Boulevard for the Malburg Generating Station
Project in accordance with Quotation No. 103119 dated January 15,
2004.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1 SECTION 1: In addition to the equipment outlined in Section
2 1 of the Agreement entitled AGREEMENT OF SALE, ATI shall sell, deliver
3 and install the equipment described in Quotation No. 103119 dated
4 January 15, 2004, (a copy of which is attached hereto as Exhibit "A"
5 and incorporated herein by reference) to the Customer's facility at
6 2670 Leonis Blvd., Vernon, California.
7 SECTION 2: In addition to the installation date outlined in
8 Section 2 of the Agreement entitled ESTIMATED INSTALLATION DATE, the
9 parties' best estimate of the installation date for the equipment that
10 is the subject of this amendment is February 27, 2004.
11 SECTION 3: In addition to the payment due dates outlined in
12 Section 3 of the Agreement entitled PURCHASE AND TERMS OF PAYMENT,
13 Customer shall purchase the equipment for the purchase price of
14 $13,088.44, including labor, materials, sales tax and less discounts,
15 payable one hundred percent (100%) of the total purchase price, net
16 thirty (30) days after delivery and acceptance of the equipment by
17 City and City's receipt of an invoice from ATI.
18 SECTION 4: In all other respects, the terms and conditions
19 of the Agreement shall be renewed in its entirety.
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IN WITNESS WHEREOF, the parties have caused this Amendment
2
3 to be executed by and through their authorized officers on the date,
month and year first written above.
4
5
CITY OF VERNON
6
B � -
EONIS C. MALB RG, Ma r
8 ATTEST: 00,
o
10 BRUCE V. MALKENHORST, City Clerk
11 APPROVED AS TO FORM:
12
13 ERIC FRES H, Cit Attorney
14 ACCURATE TELECOM INC.
15 A California Corporation
16 By:
K.C. Jo s
17 Title: President
18
By:
19
Title: CORPORATE SECRETARY
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ACCURATE TELECOM INC
16108 COVELLO, VAN NUYS, CA 91406
SERVICE (818) 779-6144 • SALES (818) 997-6700 • FAX (818) 779-6114
BILLING ADDRESS: INSTALLATION ADDRESS:
CITY OF VERNON
4305 SANTA ! � { � : ,�• ;C �'w•:bK" �/c•tJQiN'•:.� •. '"�. ri
VERNON FE AVE, j�- ',4Qa%igMfi G ErgE •j I i'ej 1
CA . 90058- CA 90056-
QUOTATION =: 10:3119
DATE: 01 / 15 / 2004
QUANTITY
ITEM --PART- t#
26
5e(,-*32818 Y
26
52001153,
-1
DISCOUNT
1
LABOR
CARLOS FANDINO
(323) 583-8811
QUOTATION
SALES REP, #: 217
ITEM --DESCRIPTION CUSP -PRICE
M 5226 IF PHONE DK GREY 9,828.00
M 3300 IP PHONE LIC 2,379.78
M EQUIPMENT DISCOUNT-1,220.77
M INSTALLATION LABOR 1,195.00
Scope of Work: Provide, install & program (26) SS5220 IP
telephones at Customer's new bui.ldinq location 2670 Leonis Blvd, Install
(26) 3300 IP telephone user licenses.
Note: The installation of the user licenses require for the 3300 to be shut-
down. The installation will take place after hours.
Accepted By:
CV/CV
TOTAL LABOR
TOTAL MATERIAL
TOTAL SALES -TAX ON MATERIAL:
TOTAL. SALES -TAX ON LABOR
DEPOSIT RECEIVED:
TOTAL AMOUNT DUE:
Date:
** Thank you for the opportunity to provide this. P Quotation ***
*** We look forward to Your ,cceptanca -**
1,195.00
10,987.01
906.43
0.00
0.0@
13,088.44
Return Fees: Returned hems are subject to a maximum 25% ieatodUng charge. No return Orr Speelat Ordered Items. No returns wllt be Mowed