Resolution No. 80631
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RESOLUTION NO. 8063
A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO MAINTENANCE AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND THOMASON
MECHANICAL CORPORATION
WHEREAS, on November 28, 2001, the City Council of the City
of Vernon adopted Resolution No. 7875 approving and authorizing the
execution of a Maintenance Agreement (the "Agreement") with Thomason
Mechanical Corporation ("Thomason") for mechanical preventative
maintenance and emergency services on the diesel units at the City's
Power Plant; and
WHEREAS, in accordance with Section 9.G of the Agreement, the
City of Vernon and Thomason desire to amend the Agreement to extend the
term through and including June 30, 2003, and modify the compensation
from July 1, 2002 through June 30, 2003 to a sum not to exceed Ninety
Thousand Dollars and No Cents ($90,000.00); and
WHEREAS, on September 10, 2002, the Finance Committee
recommended that the City Council approve the recommendation of Bruce
V. Malkenhorst, Director of Finance, dated September 5, 2002, that an
agreement be entered into with Thomason for mechanical preventative
maintenance for fiscal year 2002-2003.
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
1 approves the Amendment No. One to Maintenance Agreement with Thomason,
2 a copy of which is attached hereto as Exhibit "A" and made a part
3 hereof.
4 SECTION 3: The City Council of the City of Vernon hereby
5 authorizes the Mayor and the City Clerk to execute said Amendment for,
6 and on behalf of, the City of Vernon.
7 SECTION 4: The City Council of the City of Vernon hereby
8 directs the City Clerk, or his designee, to send one fully executed
9 Amendment to:
10 Thomason Mechanical Corporation
Attn: Ed Davis, Jr., Engine Division Manager
11 19002 S. Santa Fe Avenue
12 Rancho Dominguez, CA 90221
13 SECTION 5: The City Clerk of the City of Vernon shall
14 certify to the passage of this resolution, and thereupon and
15 thereafter the same shall be in full force and effect.
16 APPROVED AND ADOPTED this 18th day of September, 2002.
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19 ;LEONIS C. MAL URG, Ma or
20 ATTEST:
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23 BRUCE V. MALKENHORST, City Clerk
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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.
8063, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 18, 2002, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
EXHIBIT
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AMENDMENT NO. ONE TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. ONE TO THE MAINTENANCE 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 day of September, 2002.
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND THOMASON MECHANICAL CORPORATION
(hereinafter referred to as "TMC")
19002 South Santa Fe Avenue
Rancho Dominguez, California 90221
RECITALS
WHEREAS, the City and TMC are parties to a Maintenance
Agreement dated November 28, 2001 (hereinafter referred to as the
"Agreement") under which TMC was to perform mechanical preventative
maintenance and emergency services on an as -needed -basis for the
generating units located at the City's Power Plant; and
WHEREAS, TMC's services under the Agreement are to end on
November 28, 2002; and
WHEREAS, TMC's rates were guaranteed until June 30, 2002, and
could be adjusted after that date with at least thirty (30) days
notice; and
WHEREAS, TMC notified the City on March 21, 2002, of its
intention to increase its rates; and
WHEREAS, TMC's compensation under the Agreement was for a sum
not to exceed $70,000.00, unless the Agreement was amended; and
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1 WHEREAS, TMC has received the total amount of compensation to
2 which it was entitled under the November 28, 2001 Agreement; and
3 WHEREAS, the City and TMC desire to amend the time of
4 performance of TMC's Agreement to be from July 1, 2002 through June 30,
5 2003 and to modify the compensation for that time period to a sum not
6 to exceed $90,000.00; and
7 WHEREAS, Section 5 of the Agreement allows for changes and
8 additions to the scope of services to be performed by TMC and
9 adjustments in compensation; and
10 WHEREAS, Section 9.G of the Agreement provides for amendments
11 and modifications to the Agreement.
12 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
13 THE PARTIES HERETO AGREE AS FOLLOWS:
14 SECTION 1: Section 2 of the Agreement entitled "TIME OF
15 PERFORMANCE" is hereby amended by replacing the text so that it now
16 reads as follows:
17 TMC's services under the Agreement and Amendment No.
18 One to the Agreement shall continue until June 30,
19 2003, unless the Agreement is terminated or extended.
20 SECTION 2: Section 3 of the Agreement entitled
21 "COMPENSATION" is hereby amended by deleting the text under Subsection
22 "A" and replacing it as set forth below:
23 A. Services. The City will compensate TMC for
24 actual effort expended on a time and materials
25 basis in accordance with the Employee Rates set
26 forth in Exhibit "A" to the Agreement dated
27 November 28, 2001. The total amount to be paid
28 to TMC for its services during the time period of
1 July 1, 2002 through June 30, 2003 shall not
2 exceed $90,000.00, unless the Agreement is
3 amended or a Change Order agreed to by the
4 parties.
5 SECTION 3: In all other respects, the terms and conditions
6 of the Agreement shall be renewed in its entirety.
7 IN WITNESS WHEREOF, City and Consultant have executed this
8 Amendment as of the date first hereinabove set forth.
9 CITY OF VERNON
10 By:
LEONIS C. MALBURG, Mayor
11 ATTEST:
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13 BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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16 EDUARDO OLIVO, City Attorney
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THOMASON MECHANICAL CORP.
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By
20 P/1F�'��rcur
Title:
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Title:
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST CITY HALL
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 826-1438 TELEPHONE (323) 583-8811
October 2, 2002
Thomason Mechanical Corporation
Attn: Ed Davis, Jr., Engine Division Manager
19002 S. Santa Fe Avenue
Rancho Dominguez, CA 90221
Re: Amendment No. One to Maintenance Agreement
Dear Mr. Davis:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Transmitted herewith is a duplicate original copy of the above
referenced amendment approved by the Vernon City Council on September
18, 2002.
If you have any questions regarding this matter, please call Mr.
Kenneth DeDario at (323) 583-8811 ext. 211.
ery truly yours,
Nel Gi n
Assistant to the
Chief Deputy City Clerk
NG/gm
CC: Kenneth DeDario
Dolores Fonseca
Resolution No. 8063
Agreement No. 02-071
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro —Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
Finance Committee
City of Vernon
Honorable Members:
DUARDO OLIVO
47 City Attorney
FAX: (562) 869-1883
a KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
September 5, 2002
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
The Utilities Department is requesting to issue a yearly purchase
order for mechanical preventative maintenance for the generating units
located at the Power Plant. Thomason Mechanical Corp., provided a
proposal projected on a tentative basis at an approximate cost of
$94,000.00 for services to be rendered during this fiscal year. Funds
have been budgeted for this expense. It is hereby recommended that an
agreement be entered into and a purchase order be issued to Thomason
Mechanical, Corp., at a cost not to exceed $90,000.00.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gm
w
Memo
To: Bruce V. Malkenhorst, City Administrator
From: Dolores Fonseca, Purchasing Assistant
Date: 9/5/2002f
Re: REQUISITION #2021
Attached for your approval is requisition #2021. The Utilities Department is requesting a
yearly purchase order for the mechanical preventative maintenance of the generating
units at the Power Plant.
Attached is a yearly maintenance recommendation from Thomason Mechanical Corp. with an
estimated total cost of $94,900. The department requested this preventive maintenance list
solely on a tentative basis to allow for maintenance which is projected for the (fiscal) year.
The department is requesting a not to exceed $90,000.00 yearly purchase order. Funds have
been specifically budgeted for this expenditure.
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AMENDMENT NO. ONE TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. ONE TO THE MAINTENANCE 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 thi;( may of September, 2002.
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND THOMASON MECHANICAL CORPORATION
(hereinafter referred to as "TMC")
19002 South Santa Fe Avenue
Rancho Dominguez, California 90221
7-1 T I"T MTT t'
WHEREAS, the City and TMC are parties to a Maintenance
Agreement dated November 28, 2001 (hereinafter referred to as the
"Agreement") under which TMC was to perform mechanical preventative
maintenance and emergency services on an as -needed -basis for the
generating units located at the City's Power Plant; and
WHEREAS, TMC's services under the Agreement are to end on
November 28, 2002; and
WHEREAS, TMC's rates were guaranteed until June 30, 2002, and
could be adjusted after that date with at least thirty (30) days
notice; and
WHEREAS, TMC notified the City on March 21, 2002, of its
intention to increase its rates; and
WHEREAS, TMC's compensation under the Agreement was for a sum
not to exceed $70,000.00, unless the Agreement was amended; and
1 WHEREAS, TMC has received the total amount of compensation to
2 which it was entitled under the November 28, 2001 Agreement; and
3 WHEREAS, the City and TMC desire to amend the time of
4 performance of TMC's Agreement to be from July 1, 2002 through June 30,
5 2003 and to modify the compensation for that time period to a sum not
6 to exceed $90,000.00; and
7 WHEREAS, Section 5 of the Agreement allows for changes and
8 additions to the scope of services to be performed by TMC and
9 adjustments in compensation; and
10 WHEREAS, Section 9.G of the Agreement provides for amendments
11 and modifications to the Agreement.
12 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
13 THE PARTIES HERETO AGREE AS FOLLOWS:
14 SECTION 1: Section 2 of the Agreement entitled "TIME OF
15 PERFORMANCE" is hereby amended by replacing the text so that it now
16 reads as follows:
17 TMC's services under the Agreement and Amendment No.
18 One to the Agreement shall continue until June 30,
19 2003, unless the Agreement is terminated or extended.
20 SECTION 2: Section 3 of the Agreement entitled
21 "COMPENSATION" is hereby amended by deleting the text under Subsection
22 "A" and replacing it as set forth below:
23 A. Services. The City will compensate TMC for
24 actual effort expended on a time and materials
25 basis in accordance with the Employee Rates set
26 forth in Exhibit "A" to the Agreement dated
27 November 28, 2001. The total amount to be paid
28 to TMC for its services during the time period of
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July 1, 2002 through June 30, 2003 shall not
exceed $90,000.00, unless the Agreement is
amended or a Change Order agreed to by the
parties.
SECTION 3: In all other respects, the terms and conditions
of the Agreement shall be renewed in its entirety.
IN WITNESS WHEREOF, City and Consultant have executed this
Amendment as of the date first hereinabove set forth.
CITY OF VERNON
By:
LEONIS C. MAL RG, Ma or
ATTEST: --_
X�<L�
BRUCE V. MALKENHORST, City Clerk
.AP�D AS TO FORM:
OLIVO, City rney
THOMASON MECHANICAL CORP.
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