HomeMy WebLinkAboutHOFFMAN ELECTRONICS CORPROATION - 1974-12-10THIS AGREEMENT, made this _ ,%E� day of 19
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by and between the City of Huntington Beach, P. O. Box 70, Hunt vgtou Beach,
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California 92645 (hereinafter •.referred to as "Buyer"), and HOFFMAN ELECTRONICS
CORPORATION, 4323 North Arden Dr ?'z�, i-1 Monte, California 91734, U.S. A,,
�ereinafter referred to as 'Seller
WITNEoSETl .
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WHE PEAS, Seller is•desirous of selling and the Buyer is desirous of
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purchasing an !automatic Vehicle Monitoring System (hereinafter referred to as
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AVM) and related equipment, software ant. services as described in the Statement
of Work hereof.
''OW '''I REFORE. IN CONSIDERn.`_l'ION OF THE MLJTUAL COVENANTS,
?PROMISES AND AGREEIVIENT HEREMTAFTER SET FCRTH, IT IS AGREZD BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
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ARTICLE Z'�"
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TATEMENT OF WORK
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1 The Seller shall provide to Buyer the equipment and services described in
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fioffman Electronics Proposal or an Ant imatic Vehicle Monitoring System
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for tlt.- City of Huntington Beach Police Department submitted on November
5 974 and, in the addendum thereto dated November 12, 1974 and listed hereinafter
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at the prices set forth herein:
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Items 1Base Equuipmen;
A. Resign, fabricate and install in Buyer vclAcles tiv.r -y-five (35) Vehicle
AV3 m its which interface vAth existing Motorola 'WICOR Radios.
B. Desi an, fabricate and install two (2) display consoles with map,
vehicle location, call location, status (by color code) and zoom, capability,
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C. Design, fabricate and install one (1) Base Station Radio interface unit.
D. Design, f-,bricate and install an adequate number of battery operated
(5 year .life_) signpost units to meet syste,,k requirements (winimum 475 units).
Item. 2 - Spares
A. Three (3) Vehicle AV'Munits (Item. Z.A. ).
B. Teu. (10) Signpost units (item 1.:D. ).
Item 3 - Software
A. Provide a computer program to interface -with existing CADS (PDP 11/35).
B Provide a computer program to operate displays (PDP 11/15).
Item 4 -Acceptance Test Plans It
Th,', following to _'t p.abs ire to verify the pexformane , requirements set
fo�h in Axtiely 3.
A. Pro -.ride three (5) copies of a Svstem Level Acceptance Test Plan.
B. Provide three (5) copies of a Vehicle/Signpost {Tait Acceptanen Vest Plan.
C. Provide three (5) copies of a Base Station. Display Acceptance Test Plan.
Item 5 - Technical Manuals
A. Provide five Via) copies of a System Description. Manual.
B. Provido five. (5) copies of a Ve , i:.le Unit Operational and Test Manual,
C, Provide five (5) copies of a Signpost Unit Operational and Test Manual,
11. Ptovido fl7ie (5) copies of a Base Station Radio Interface Unit Operations
Manuaa.
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ARTICLE 2
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DELIVERY/COMPLETION
The Seller shall complete all design, fabrication, installation and test
of :all AVM. Systems equipment within ten (101 months after the execution
date of this Agreement. F4nai Acceptance Tests sluili' o conducted in the tenth
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month or sooner.
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Completion within the stated period is contingent upon t`ae Buyer providing
to Seller the fallowing equipment/services and documentation at the tiine> indicated:
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ur:ment/Services mate Required
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1. Documentation describing the Motoroia Computer As required by Sellers
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Aided Dispatching System hardware and. software
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interface with which the Seller's equipment is to
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interface and operate, and access to Motorola
personnel knowledgeable in the deign of the CAD
system for the purpose of answering questions
necessary to design the hardware and softNv xe
interfaces.
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2.Use of W"' erry Picker" Equipment and Operator. As required by Seller
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S. DEC' Computer equipment for dedicated use by the
Seller for the impiimentation of the Automatic
Vehicle Location System;
1 ea. PDP 11/1.5 }�s^.o-pssor, pro;;rwnmer!,sconsale
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irodel XYC1 with no iisable core storage
1 ea.. RF-11/RS-11 Fixed Head. Disc witii 2561
words of storage capacity and interface to
the 0,bve listed PDP 11/15 Processor:
4, Spare and electrical power in the customer's facility 8 mantbs after execution
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for; of contract
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(A) Display consoles in operations area
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(B.) Compute x' and video egid:pment i
equipment room:: - approximately 30 sq.
it. with good access to front and near
of eq,!4!pment Wiys
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ARTICLE L (Continued)
q' IjRment/Services Date Required
(fr) Workbench or desks (2) for equipment "
trouble shooting and programmer's use, 5
Access to above space by Sel'ars personnel at 3 months after
anytime during the installation, acceptance tes+; execution of contract
warranty and maintenance periods.
6. Usage of existing utility poles and street lamp A.sr-Yquretd by
extensions thereto, including payment of any fees Seller
required thexefor, for the purpose of mounting
signpost units. City is also to provide poles or
other suitable mounting structures required to
' locate signposts to meet vehicle loeation
requirements where no utility poles exist.
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ARTICLE 3
INSPECTION, TEST hND ACCEPTANCE
The Seller shall provide -the :test plans set forth in Article 1., Item 4, which
F shall form the basis for final test and acceptance of the Vehicjs Locator System
equipment. Acceptance tests, shall be conducted on site at Huntington Beach,
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Calif-urnia. These tests shall verify that the systcrik meets the Performance
Requirements specified below.
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The Buyer shall provide to Selie (5) days after successful
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completion of the 'final acceptance .: �,n acceptance of the Vehicle Locator
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System,
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ri Performance Requirements
A. System Performance
1. The VLS system will reduce time required to report vehicle location by
at least 50 %.
2. The VLS system will electronically subdivide the City of Huntu.-*ton Beacb
into a minimum of 1000 regions in which vehicles can be located.
3. The VLS system will utilize a minimum of 475 electronic signposts
to achieve the minimum of 1000 location regions.
1. The vehicle location regions will be such that a vehicle c=nmot travel 1/2
mule in any one direction 90% of the time without entering s, new location
egion.
5. The, 1ILS system will operate with �existiug radio and CADS equipment.
6. T:ie VLS system will provide two color video displays wN ch c ,,m be controlled
independently from the existing dispatcher keyboards to di %play a minimum of
3000 distinct regions of Htiatington Beact. photographed frc= snaps supplied
by Huntington Beach Police Department.
7, The VLS system will provide the reporting and dispatch m,oden described in
Proposal dated 31 October 1974 as rmended in addendum to proposal dated
26 November 1914,
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13. Vehicle Location Per' srmance
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I. The VLS systezxs ,rill allow a vehicle position to'be known +,300' -0% of the tim,
when entering a new signpost region and +6001 95% of the time.
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ARTICLE 3 (Continued3
B. Vehicle Location Performance
2. The AVM electronic vehicle unit will allow a vehicle to record a:ew Ineations
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90170 of the tune while traveling at speeds up to 55 mph when passing within
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501 (ground distance) of an electronic signpost,
3. The AVM electronic vehicle unit will allow a vehicle to record new locations
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90% of the time while traveling at speeds up to 55 mph when passing within
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100' (ground distance) of an electronic signpost."
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C. Vehicle Reporting Performance
1. The AVM oys°tem will provide a mtnirnuni of three distinct veh icIv reporting
modes as described below:
a. Specific vehicle - A specific vehicle will report location when requested
by dispatcher.
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b. Region polling - Only those vehicles in a region specified by the dispatcher
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report locations.
c. Automatic reporting <- Vehicle reports new location automatically upon
entering new electronic location region.
2. The vehicle location reporting time must meet or exceed the following criteria
when the radio channel is unoccupied from iniation of the location request until
the complete receipt of the location. information.
All times are plus radio equipmen4 switching time and shall be met 90%a of the
tine.
a. Single unit specific ear poll. in 0.5 seconds.
la. Region poll o> 5 vehicles in 2. 0 seco£ads.
c. region Boll of 10 vehicles in 5. 0 seconds.
d. All city pelt of 25 vehicles ni 10. G seconds,
e. All city poll of 35 vehicles in 12. 0 seconds.
1 . Base Station Performance
1. Two dispatch color video .onsoles will allow vehicle Ili and status to be read
at distances up to 10' is thB i.RD display mode (1/4 mi2 region of tow^,) under
normAl control center lIgI'd levy ls.
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2. Each AVM TV console is ready for operation within 45 seconds from turn on.
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3, The momimum response time from the initial poll. request to the actual c'.isplPy
-,f map and locattisft information Oill meet or exceed the following crite-ria 90%
of the time not including radio equipment switching -time and slew tianz of
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microfische syGtom which shall not wieceed 10 seconds for worst case of 10, 00
fro rcaes,
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ARTICLE 3 (vnt nued)
r D. Base Station Performance ��•�
a. Single unit in 1.5 seconds.
b. Region poll where 5 units respond snd sufficient units are available
:i the 9RD .area in 3. 0 seconds.
c. Worst case region poll where no units are available, which includes
a; Mj) area poll of 5 units, x 25RA area poll of 10 units, a section poll:
of 15 units, and a default city poll of 25 units in 26.0 seconds.
4. A minimnin Of 3000 Huntington Beachh city regions will. be available for display
and will include the following sizes:t
a. The viho,e city pia =>
b. Sections of the city representing approximately 1./4 of city
c; Sections of the city representing 2 1/2 miles on a aide }
d. Sections of the city representing 1 1/2 miles on a side
e. Sectious of the city representing 1/2 male on a side
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5. Software w1joh will deflect mid report an electronic signpost nxalfunction,if
more than 20 consecutive vehicles pass the signpost without reporting.
G> Software which will cause a report to the dispatcher when a vehicle in
the field cannot be located after two (or as specified tip to four) consecutive
requests for location have been requested.
7. Each dispatcher AVM console will be controlled from the existing aispatch.er
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S. The video display shall be of suffic ent quality, within the limitations of the
maps furnished for microfische copying,°to pe.-Plit the intended use for vehicle
location for dispatching as judged by 'Buyer, The following are display visual
quality spe ficatiozns
(1) Deflection Line�crity within 2% n:,, picture be3 ht
(2) Resolution: Horizontal, greater fhaii 350 lines
Vertical, greater than 300 Iinea
(3) A gray i6cale of not less than 10 shaded
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ARTICLE 4
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PAYAMNT SCHEDULE AND TERMS
The total price for the .AVibi System` equipment and services tr be provided by
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Seller to Buyer hereunder is $238, 260 and the total pri-le snail be paid to Seller
by Buyer in accordance with the :following;
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A. The Buyer shall pay to Seller an amount equal to forty percer` (4.0%) of the
.total price hereof upon exemition of this Purchase Agreement.,
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B, Buyer shall further pay to Seller an amou t equal to forty percent (401 o) of
the ,price of each hardware and software item. (listed in Article z, hereof)
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within thirty (30) days after delz ery and/or installation.
C. Buyer shall pay to Seller a final payment equal to tvjenty percent (20%) of the
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total pried hereof within thirty (30) days aft-- ]Buyers final acceptance of the
AVM System pursuant to Article 3, hereof.
The Seller shall, within thirty (30) days of the execut on date hereof, establish
a Performance Bond based upon the criteria. stated in Article 3,
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ARTICLE_ a
EXCUSABLE D4"IAY
A. Excusable Delays: Seller shall not be hell in default for failure to deliver or
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for delay in delivery arising out of causes beyond its control and without its
fault or negligence, including, but not limited to, acts Of God or of the public
enemy, acts of Government(s) in either it covereigu, or contraf.Au:al capacity,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,__''
and unusually severe weather. If the delay or failure to deliver is caused by
delay or failure of a Subcontractor of Seller, and if each delay or failure arises
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out of causes beyond the control of Seller, anti without the fault or negligence of
Seller, such delay shall be considered excusable. Seller will. notify the Buyer in
writing within, a reasonable time after the beginning of any delay.
B. In the event that Seller is pv! vented by an excuctable delay from meeting the
delivery dates established in Artie' 2 hereof, the soid date of delivery shall be
extended by a. period equal to the time lost by reason of such delay.
ARTICI,I., G
TE'RMIAXAT10ti`.
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A. The Buyer shall have the right to terminate this agreement at any
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Lilac dt;riqg the term hereof upon service of t•,riLten noUce tljcreof upon Seller.
Upon receipt, of stteh notice, Seller shall stop work inlluediaLely, nutify any
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s:-bcontractor to slop Nvork, protect all property in its posses:sir" 1 hi which the
Buyer sliall have acquired or may thereafter acquire tui attic±rest, awd tale such
other reasonable action as may reduce the termination cost clue Seller under
subsection G (13) llercof.
13. In the evY _Lt of termination of this a greenteut iIa a('cordance with subsection
G (A) her eof,, Seller shall then be untitled to rClnlbur5t.'nlvnI leer all actual Costs and
expenses which sball be properly allocable or atpportionalile to Llae perlormanee of
this awreenlent aml its turrainaLliva, plus a reasilnablic profit. PaynicnLs previou6ly
made tterewldur by Wyer shall be credited agahist such rei}Ilbursenient.
C. Upon payanviiL of the anlotutt providu:d ;for bi mbsec•tiun G (13) above,
together with any hacking costs, Seller shall transfer title to and leliver to the
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Buyer, Jr.0. B. Scl'lvrIs Plaint, the said incompleLe equipllIvIlL falbricaLed or
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wlfabricated parts, work in process, Supplies Mitt other III;Itt't'i;tl, the cost of which
shL.11 be- included in Lhoo ,osts deterl211ned in accurdanr with SUbseeLion li (13) above.
1). Notwithstanding subsection 6 (C;)_:'.helve, Seller m.tV, with the Buyer's
Consent, retain the said illcotl plate equipment, fabricated or unfabrleaLed.parts,
worl(in process, fiuytpltt*s ;;'ad other niatarial. referred to it7 subsection 6(C;) above,
in which event Seller shalt not be entitled to reimburst3nt;lnt wider subsection (13)
of this Article CI for the aatltal cost of the property so ratain('kl or the profit on
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said cost. Seller sbal'l also sell or otherwise dispose of way ;property which :it
does cxt�t trlmt to retaJn, as above, provid ..t, for the arccunt of the DUN r, if
VCffacsted to do o by Buyer, mid the 'got proceeds from saeh >:Ile or other
&slaosition shall bo )mid or othtlrwise CredI4-d to Buyer by Sell4w.
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CHANGES
A. This agreement and the specifications incorporated herein may be
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amended by the mutual agreement of the parties hercLo, from Lime to tin7c, �� }
r by change orders in writing which shall set forth particular ebanges to be madc,
g the specification sections involved, and the effect, if any, of such chan,.'es in
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the price, design, perL'ar.mauce and flute of payment or delivery herein provided.
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B. A chano-C order shall not be bindinb on either party WAil executed in
writing by both Seller and Buyer.
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ARTICTZ,
TAXES AND DUTIES
In addition to the agreed purchase price of any item, Seller shall be responsible
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for the payment of all taxes Levi-e by any Governmental agency whatsoever with
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respect to the equipments and services being provided hereunder.
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ARTICLE 9
WARRANTY sROVISIONS
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Seller warrants that at the time of delivery for a period of (A) six (6) months on
Seller, -manufactured Base Station Equipment (The original Manufacturer's Warranty
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shall 1 tc major components uechased b Seller, as listed in Article 10
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paragraph 3), (B) size (6) months on Seller -manufactured Vehicle Units, (C) one (1)
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year on Seller -manufactured Signpost Units after delivery, each item furnished
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hereunder will be free from defects in materials furnished by Seller and workmanship
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performed by Seller. This warranty is limited to either giving credit- or repairing
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or replacing at Seller's option with reasonable promptness after return to Seller of
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any articles or materials which are actually defective and only if said articles or
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materials are returned to Seller promptly after discovery of such defect and in no
event later than twelve months from the date of delivery thereof. Transportation
charges in connection with items returned 'shall be at Seller's e:tpeuse only if Seller
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is responsible under the t?rms of this warranty. The Buyer shalt notify Seller in
wriffng of any such detect, relevant information with respect thereto, and of the
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intended return, of the item sufficiently in advance of the intended shipment date to
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allow Seller to arrange for shipment should Seller so desire. This warranty does
not extend to any itom which has been subject to misuse, neglect or accident ncr
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does it extend to any item which has been repaired or altered ,by other than Seller,
and the Buyer, upon request, shall furnis'i to Seller reasonable evidence that the
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defect arose from causes other than those contained in this sentence. The Seller
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warrants that all sign post installations will conform. to FCC requirements. If
frequency licensing is required it shall be the responsibility of Seller to prepare
all applications and render assistance in securing the appropriate licenses. ANY
OT1 ER PROVISIONS OF THIS CONTRACT TO THE CONTRARY NOTWITHSTANDING,
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THIS WARRAi`ITY EXCEPT AS 'TO TITLE IS IN LIEU OF ALL OTHER WARRANTIES
EXPRESSED OR TioIPLIED INCLUDING MERCHANTABILITY, WHETHER ARISING
BY LAW, CUSTOM OR CONDUCT, AND THE RIGHTS AND REMEDIES PROVIDED
HE, ARE EXCLUSIVE AND 1N LIEU OF ANY OTHER RIGHT OR REMEDIES.
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iN NO EVENT SHALL SELLER BE LIABLE FOR CONSI•vQUEI�TTIAL DA'MAGI<~5.
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The following terms apply to the repair of the specified items following the
expiration of the Warranty period:
1;. Signposts - Seller will repair any failure of a signpost on return of the
signpost to Seller for a fixed charge of $50.00 based on 1974 dollars for a,
period of four (4) years following the expiration of the Warranty period up
tomaximum cumulative total of such repair charges of $10, 000 based on
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1974 dollars.
2. Vehicle Units - Sellerwill repair any failure of a -vehicle unit on return of
that unit to Seller for a charge not to exceed $100. 00 based on 1974 dollars for y�
period of four and a half (4 1/2) years following the expiration, of the'warr2nty
period up to a maximum cumulative total of such repair charges of $10, 000, l
on 1974.dollars.
3. Base Station Equipment - All Seller built items that fail will be repaired, either
on site or upon. return of thit item to Seller! s facility at the option of Seller, for
,eriod of four and a half (4 1/2) years following the expiration of the warranty
period with charges for such repairs to be made on a time and materials basis
up to a maximum cumulative total of $10, 000 based on 1974 dollars. The
following major Seller purchased items are excepted from this provision and
the manufacturers repair terms shall apply: microfiche transport, media, and
optical system; video cameras, monitors, combiner, and character generator;
DEC computer equipment and teletype or other computer input/output device.
Selo r agrees to provide Signpost cr Vehicle Units for purchase to expand the system
or to replace units lost or damaged for a period of six (6) years :from contract signature
date. Prices for such units will be the lower of Current prices charged by Seller to its
most favored customers for like quantities purchased or $3�50. 00 per signpost unit .and
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$900, 00 per vehicle unit. The prices stated in this Article 10 shall be subject to
awustment rased on any increase or decrease in Seller's cost of supplies, materials,
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ARTICLE 11<"
GENERAL PROVISIONS
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A OCJP Stardard T'iird Party ContractProriszons
The Seiler, as "Contractor" agrees to comply with the Office of Criznina
Justice Planning Third Party Contract Provisions dated June 1974.
B. :applicable Conditions and Disclaimers ,
The terms and conditions set forth in this agreement constitute the entire
agreement betiveen, Buyer and Seller with respect to the subject matter hereof. r '
This agreement may be modei.fied or terminated only by a written instrument
exEtzted by both parties. Fr
Cs Notices
Noti,es served hereunder shall be deemed sufficient if addressed via first
class registered or certified mail, return recent requested, addressed to
Seller at Roffman Electronics Corporation, 4323 North Arden Drive, El Monte,
California 91.7U, and to Buyer attention; City of H=tington Beach, P. Q. Box 70,
i uatington Beach, California, attention; Chief of Police, or to such other
' respective addresses as either :party may designate in writing to the other.
D. Priority of Documents
In the event of a conflict between the terms of this document mid any specification
drawings or exhibits attached hereto or i eferred to herein, the terms of this
document shall bd the controllingterms. This document and the documents
referred to herein., constitute the entire a-reeir_Ent between the parties.
E. Applicable Laws
The Lucas of the State; of California shall govern in the iiterpretat on mid
performance hereunder.
h. Bislt of Storage
Six We event the Byer is unable to accept delivery is stated herein and Seller
Is, required to delays delivery, Buyer shall assume full 46k for any damages to
products so delayed. 'rho Buyer sWl beliable for the expense of holding or
storing suah prodttots.
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OFFICr OF CRIAUNAL JUSTICE PLANNING
STANDARD TTIIRD PARTY CONTRACT PROVISIONS
1. Compliance with Grant Award. The Subgrantee, hereafter referred to as-
Subgrantee. and the Office of Criminal Justice Planning, hereafter referred.
t-6 as OCJP, ertered Into a grant award, No. _, dated
hereafter referred to as 11grant award". Said grant award is Incorporated irk
the within Agreement. It is expressly understood and agreed that Subgrantee
will retain ultimate control and responsibility for the grant award project and
the Seller agrees to be bound by the Terms axed Conditions of said grant award
applicable to Subgrantee in the conduct of the project.
2. Cam oliance. with Fiscal Requirements, The Seller agrees to perform under this
Agreement In accordance with all terms and conditions contained in the OCR
Fiscal Affairs Manual and the financial guidelines prescribed by the Law
Worcement Assistance Administration (hereafter referred to as LEAA) and
the 0CJP.
3. Assignment or Subcoptrqq!Lng. No performance of this Agreement or any
portion thereof may be assigned or subcontracted, by the Seller without the
express written consent of Subgrantee and any attempt by the Seller to a3sign
or subcontract any performance of the terms of 'this Agreement without the
express written consent of Subgrantee shall be null and void and -( hall constitute
a breach of this Agreemeak, Whenever the Seller is authorized to subcontract or
assign, he will inebade all the terms of this Agreement in each sut!h subcontract
or assignment.
4. .Assurance of CoMRIiance. with Civil R2rlits Laws. 'Elie Seller hereby assures that
it will comply with Title V1, of the Civil Rights Act of 1964'and all requirements
Imposed toy or pursmont tD regulations of the Department of aistiop amd the LE AA
issued pursuant to that title, to the and that to person shall, on tW grounds of
race, creed, color, sex, or national: origin be pxcluded from participatlon in,
be denied the benefits of, or be othemise subjec,'z-d. to -1scrlmlnation under this
Agreeme-,,# or under any project, program, or activiot-opported by this Agreement,
The SQpr will, coxuplywlth Justice, Department Equal Employment.Regulations in
tedsrallyxassistetl programsi (2a CV R Part 42, 5abpart D)to the en - that einploymeot
dtloringnatloo bi. 4iuch progra= on the grounds of race} color, creed, sex, or
natloo4l. oligin shall be alludauted. Tho,$oller recognizes the right of the United
states to Soot of the foregoing covenants against discrimination.
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if this Agreement provides for payment to the Seller in excess of $10, 000,
r the Seller sham, comply with Executive Order No. 11246, entitled "Equal.
Eployment Opportunity", as sapplemeuted. The Seder shall be required
to have an affirmative action plan which declares that it sloes not discriminate
on the basis of race, color, religion, creed, national origin, sex, and age and
which specifies goals ?zd target dates to assure the implementation of equal
employment.
5. iviaintenrknce and Inspection of Contractual Records. The Seller agrees that
the Suligrautee, the OCJP, the LEAA, the Comptroller General of the United
States, or any of their duly authorized representatives shall have access to
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and the right to examine, audit, excerpt and :transcribe any directly pertinent
books, documenz, papers and records of the Seller, involving transactions
relating to this .Agreement. Such material must be kept and maintained fora
period of three years after termin tion of the grant award or until an audit is
cannpleied vy OCJP and LEAA and all questions arising theref> --ni are resolved,
whichever is sooner. The Selzer agrees to keep and maintair. all records
required by the Fiscal Affairs Manual, the financial guidelines prescribed by
LEAA, and any other records that may be required by other Laws or regulations
of rederat, State or Locnt } overnmeatal units,
$. go vrl ri�i mW Rights in: Data. Where activities supported by this Agreement
produce original computer program-, writing, sound recordings, pictorial
reproductions, drawings or other grk(ph eal rep esentaticn and works of any
similar nature (the terin computer progranislincludes executable computer
programs and supporting data in any form), the 0CJ-P, ill-, LE AA, and Subgrantee
reserve the right touse, duplicate :and disclose, in whole of in part, hi any
ma'n,ver for any purpose whatsoever, and to authorize other to do so. If the
material is sul)ject copyright, the Subgrantee reserves the right. to copyright
s1ach and the Seller agrees not to copyright such: material. If the material is
copyrighted, the OCJP and the LB AA reserve a royalty -free, riots -exclusive,
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end irrevocable lleenso to reproduce, publish, and use o ucli materials, in the
whale or in part, and to authorize other to do so.
I. P�ubjicatfonslg Both the OCJP and the Subgrantcz reserve the right to require
klih $eilo vat -to publish:, and the Setter thereupon shall refrain from publishing
or,!g. Wo1 boot s, itaiwals, .films or other copyrightable material produced by
activities supported t?y this Agreement, whether copyrighted or not, that may
be, dgs1pate4 b_y the OCJ Iti or the Stabgrantee. Such right shall bra exercised by
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t, addressing vrritteu notice to that effect to the Seller. Before publishing any
4 materials produced by activities supported by this Agreement, the Seller
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s mD, notify SL.bgrantee and OCR sixty days in advance of any such publication.
If the Subgrantee and OCJP fail to exercise the right to prohibit publication e,s
3
set forth above within sixty days of the receipt of the notice of intent to publish
the Seller may publish said material. The Seller small furnish twenty copies of
the materials so published to Subgrantee and OCJP. Any such publication by ehe
Seller shall include on the title page the following standard disclaimer;
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'rThe preparation of these materials was financially aided through'::
'k a federal grant from the Law Enforcement Assistance Administration:
and. the Office of Crir_unal Justice Planning under the Omnibus
Crime Control and Safe Streets Act of 1968, as antnded. The opinions,
findings and conclusions in this I;inblication .are those of thr,author and
are'not necessarily those of the Law Enforcement Assistance
pp+ Administration or the Office of Criminal Justice Planning. "
L.
"OC.TP reserves a royalty -free, non-exclusive and irrevocable
license to reprodme, publish and use these materials, and to
authorize other to do so.'r
8. Patents. If any discovery or invention arises or is ,ievoloped in the course
of or as m result of 'worts .performed under this agreement, the Seller shall
refer the discovery or invention to Subgrintee and OCJP. The Seller hereby
agrees that determinations of tights to i irentionns or discoveries made under
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this Agreement. shall be nade by LEAA, or its duly auth: razed representative,
who shall have the sole -aid exclusive powers to determine whether c r not and
where a patent applications should be filed and to determine the dispostion of all
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.rights in such inventions or discoveries, including title to and license rights
under any patent application or patent which may issue thereon. The
determination of LEAA, or its duty authorized representat;.. , shall be
ac(� ted as final. The Seller agrees and otherwise recognizes that LEAA,
OCJP, and Subgraxntee shall require at least an irrevocable, non-exclusive,
,end royalty -free license to practice and have practiced throughout the world
for governmental purposes any invention made in the course of or under this
Agreothent.
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9. Seller Work Hours and Safety Standards. If this Agreement provides for
payme t in excess of .$2, 500 ($2, 000 for construction contracts) and involvee
the employment of mechanics or laborers, the Seller agrees: a) That each
mechanic or laborer will Have wages computed on the basis of a standard work-
day of eight hours and a standard work week of forty hours. Work in excess of
the standard work weep or day is permissible provided that the worker is
compensated, at the rate of not less than one and one --half times the basic rate
of pay for all hours worked in excess of eight hours in any calendar day or forty
hours in the work week, b) That no laborer or mechanic. shall be required to
woxk in surroluidings or under working conditions which are unsanitary, hazardous
or dangerous io his health and safety as determined tinder construction safety and.
health standards promulgated by the Secretary of Labor by regulation (29 CFR 1518).
TIZese requirements dc, not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
10. Clean Air Act. If this Agreement provides for payment in excess: of -$100, 000,
the Seller agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air .tact of 1970. Violations shall be reported to
OC JP and the regional office of the Environmental Protection Agency.
116 Public Availability of lnfornmtlon. The Seller .shall conmiu with the requirements
of Sections 6250 through 6260 of the Guvernment Code of mate of California and
the LEAA Guide for Comprehensive Law Enforcement Planning and Action Grants
relating to the awallability to the public of idintiflable records or other do'.tumeats
that av, pertlitent to the receipt of expenditure of LEAA funds.
12. Security and Privacy.
(a) The Seller agrees thmt, except as provided by federal law other than the
Crime Control Act of 1972 (42 U.S. C. Sections 5701 et seq.), none of its
officers or employees shall use or reveal any research or statistical
lnforxnation f zx zished by any person and identifiable to any specific private
person for any purpose other than the p-zrpose for which it was obtained.
Copies of such information shall be immune coin legal process, and shall
not, without the consent of the 'person furnished such informelon, be
admitted as evidfince or used for any purpose in guy :action, suit, or other
ju&oial or adm nistrativo proceedings.
(b) Crixmnal history information:
(x) The tern. "criminal history information" includes records and
related data compiled b law enforcement
, p y agencies. for purposes.
Y
of identifying criminal offenders and alleged offenders and
maintaining as to such; persons summaries of arrest, the nature
and disposition of criminal charges, sentencing, confinement,
rehabilitation and release,'
(2) If the Seller utilizes "criminal history information", the Seller shallt
comply with the following:
r All criminal history information collected, stored, or disseminated
F shall contain, to the maximum extent feaiAble, disposition as well
as arrest data where arrest data is included therein. The collection,
storage, and dissemination of such information shall tale place under't:a°;
procedures re tjonably designed to insure titat all such information is
kept current therein; the Seller shall as. -Are that the security and
privacy of all information is adegzzately provided for and such information
shall: ooly be used for law enforcement and criminal justice and other
Lawful purposes. In addition, an individual who believes that criminal
history information concerning him contained in an automated system
in inaccurate, incomplete, or maintained is violation of the Crime
Control Act of 1973, shall, upon satisfactory serif nation of his
identity, be entitled to review such information, to obtain a copy of it
for the purpose of cha.4_enge or correction.
(c) Any person violating the Security and privacy provisions of this Contract or
o e Control f 93 4 SC Section C r
f the Crime C n .. o x 7 (� U.37fii( }) o any rule,
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regulations, or order issued thereunder, small be fined not to exceed $10, 000
in addition to any other penalty imposer. by Iaiv.
{d) The Seller assures that the foregoing pjovisions of the Security and Prix_ acy
clause shall be incorporated into all of its subcontracts.
Cite of Huntington Beach
o
P, 0. BOX 70 CALWORNIA9264
n '
TELEPHONE
536 53 t I
December 3, 1974
Honorable Mayor
and City Council.
City of Huntington Beach
Attention% David D. Rowlands
City Administrator
E E ROE31TAILLE
11d C _r OF Aqt_ UC
t. Si I .d'
Subject: APPROVAL AND SIGNATURE OF A CONTRACT WITH
ROFFMAN NAVCOM SYSTEMS FOR AN AUTOMATIC
WZ141CLE LOCATOR SYSTEM
The Police Department has been involved in a computerized
a" command and control project for the past three years. The
entire project has been funded, in part, through the Omnibus
Crime Control and Safe Streets Act of 1966 administered by
the California Council an Criminal Justice.
ThePhaseI Grant developed the basic computer aided dispatch
system which was completed March .31, 1973. The Phase II Grant
developed the address data base file which was completed.
March 51,.1974,
On October 1, 1973 the City Cour7 1 approved Resolution
No. 3774'which authorized the application for the third phase
grant. The Police Depar.`tment prepares the Phase III Grant for
the development of an automatic vehicle location system. The
applicati-on was signed by Mayor Alvin Coen and approved for
funding by the California Council, on Crini.nal Justice on
September 10, 1974..
The total project is for $238,900. The federal, funding at 90
percent amounts to $215,010 and the state buy -in at 5 percent
amo4nts to $11,945. The local funds required for this grant
a)-e $11,945 which have been budgeted for this fiscal year.
PILtsuant to t,'-e grant regulations, the Police Department
issued a request for proposal to 15 firms on September 30,
9744. 4f the three firms which responded, Hoffman NAVCOM
Sy 8tema met all of the systems requirements and was low bidder.
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Addtesg aft conmun cations to the Chief of Police
a,
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SUBJEC '. APPROVAL AND SIGNATURE OF A CONTRACT
`
WITH HOFFMAN NA.VCOM SYSTEM`,,; FOR AN
AUTOMATIC VEHICLE LOCATOR SYSTE14 Page 2.
F
1.2/3/74
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It is hereby requested that the City Council approve any
that the Honorable Mayor sign the contract. with Hoffman
NAVCOM Systems for the installation of the Automatic
Vehicle Locator System,;;
CAPTAIN BERT T. EKSTROM
Acting Chief of Police
E,HctfI
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