Resolution No. 8110r
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RESOLUTION NO. 8110
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 VCI TELCOM, INC.
WHEREAS, on November 7, 2001, the City Council of the City
of Vernon adopted Resolution No. 7854 approving and authorizing the
execution of a Maintenance Agreement (the `Agreement") with VCI
Telcom, Inc. ("VCI") for maintenance and emergency restoration
services on the City's fiber optic network system on an as -needed
basis; and
WHEREAS, in accordance with Section 9.G of the Agreement, the
City of Vernon and VCI desire to amend the Agreement to extend the term
through and including December 17, 2003, under the same terms and
conditions of the existing Agreement and to update the Emergency Call
Out List identified in Exhibit "A" of the Agreement,; and
WHEREAS, by letter dated November 26, 2002, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that an
amendment to the Agreement be entered into with VCI.
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 Amendment No. One to Maintenance Agreement with VCI, a
copy of which is attached hereto as Exhibit "A" and made a part
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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:
VCI Telcom, Inc.
Attn: Brett Johnson, Vice President, Upland Branch
1921 W. 11th Street
Upland, CA 91786
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 4tn day of December, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALBUR , Mayo
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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.
8110, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, December 4,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
4
BRUCE V. MALKENHORST, City Clerk
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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 December, 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 VCI TELCOM, INC., a subsidiary of
Quanta Services, Inc.
(hereinafter referred to as "VCI
Telcom")
1921 W. 11t`' Street
Upland, CA 91786
■®
WHEREAS, the City and VCI Telcom are parties to a Maintenance
Agreement dated November 7, 2001 and effective December 17, 2001
(hereinafter referred to as the "Agreement") under which VCI Telcom was
to perform maintenance and emergency restoration services on the City's
fiber optic network system on an as -needed basis; and
WHEREAS, VCI Telcom's services under the Agreement are to end
on December 17, 2002; and
WHEREAS, the total annual amount to be paid to VCI Telcom
under the Agreement was a sum not to exceed Seventy -Five Thousand
Dollars and No Cents ($75,000.00); and
WHEREAS, less than Twelve Thousand Dollars and No Cents
($12,000.00) has been spent under the Agreement over the past year; and
1 WHEREAS, VCI Telcom notified the City on November 18, 2002,
2 that it was willing to perform maintenance and emergency restoration
3 services for another year under the same terms and conditions of the
4 existing Agreement and submitted to the City an updated Emergency Call
5 Out List; and
6 WHEREAS, the City and VCI Telcom desire to amend the time of
7 performance of VCI Telcom's Agreement to extend it from December 17,
8 2002 through December 17, 2003, under the same terms and conditions of
9 the existing Agreement; and
10 WHEREAS, Exhibit "A" of the Agreement will be amended to
11 reflect a new Emergency Call Out List; and
12 WHEREAS, Section 5 of the Agreement allows for changes and
13 additions to the scope of services to be performed by VCI Telcom and
14 adjustments in compensation; and
15 WHEREAS, Section 9.G of the Agreement provides for amendments
16 and modifications to the Agreement.
17 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
18 THE PARTIES HERETO AGREE AS FOLLOWS:
19 SECTION 1: Item 2 of the Agreement entitled "TIME OF
20 PERFORMANCE" is hereby amended by replacing the text so that it now
21 reads as follows:
22 VCT Telcom's services, at the rates proposed under
23 the original Agreement, shall be extended under
24 Amendment No. One to the Agreement until
25 December 17, 2003, unless the Agreement is otherwise
26 terminated or extended.
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SECTION 2: Exhibit "A" of the Agreement, Emergency Call Out
List, is hereby amended by replacing with a new updated List which is
attached hereto as Exhibit "A" and made a part hereof.
SECTION 3 In all other respects, the terms and conditions
of the Agreement shall be renewed in its entirety.
IN WITNESS WHEREOF, City and VCI Telcom have executed. this
Amendment as of the date first hereinabove set forth.
CITY OF VERNON
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
By:
LEONIS C. MALBURG, Mayor
By:
Title:
By:
Title:
VCI TELCOM, INC.
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SUPPORTING
DOCUMENTS
✓ CITY COUNCIL
LEONIS C V MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
November 26, 2002
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
ZlL41 a-zSjiD
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0Z—d —1 8
On November 27, 2001, this legislative body approved an agreement with
VCI Telecom, Inc., (VCI) to provide the City with routine maintenance
and emergency restoration services for the City's fiber optic network
at an annual cost not -to -exceed $75,000.00, of which less than
$12,000.00, has been spent and that will expire on December 17, 2002.
At this time it is necessary that Amendment No. One to the existing
VCI maintenance agreement be approved for another year at a cost not -
to -exceed $75,000.00.
This has been reviewed by the Director of Community Services and Water
and the City Attorney and it is hereby recommended that Amendment No.
One to the maintenance and emergency restoration agreement with VCI
Telecom, Inc., be approved for another year.
Very truly yours,
9
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
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COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, iirector of Community Services & Water
DATE: November 14, 2002
SUBJECT: VCI Telecom, Inc. Maintenance Agreement Extension
VCI Telecom, Inc. has been providing the City with routine maintenance and emergency
restoration services on our fiber optic network for the past year. An annual Maintenance Agreement
was established last year with a not -to -exceed annual total expenditure of $75,000 of which less than
$12,000 has been spent.
VCI Telecom, Inc. has expressed interest in renewing the annual maintenance agreement. The
Community Services Department hereby requests your authorization to ask the City Attorney to
amend the existing agreement by extending the maintenance agreement for a not -to -exceed $75,000
for one more year.
Should you need additional information, please let me know.
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Attachments
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COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
AN
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: November 26, 2002
SUBJECT: VCI Telcom, Inc. - Maintenance Agreement Amendment No. One
The Community Services and Water Department recommends that the Maintenance
Agreement with VCI Telcom, Inc. to perform maintenance and emergency restoration services on the
City's fiber optic network system on an as -needed basis be amended to extend the time of
performance from December 17, 2002 through December 17, 2003. The total annual contract amount
to be paid to VCI Telcom, Inc. under the amended agreement shall be for a sum not to exceed
$75,000.00.
It is recommended that Amendment No. One to the Agreement be approved by the City
Council and the Mayor and the City Clerk be authorized to execute the document.
SKW/am
Enclosure
c: CityAttorney
GMaudiaNy Docs\AUAUVClanrdl.doc
11/19/02 TUE 07:05 FAX 909 823 7303
VC1 002
November 18, 2002
Ali Nour
City of Vernon
2nd Floor Utilities
4305 Santa Fe Ave.
Vernon, CA 90058
RE: Maintenance Contract
Dear Mr. Nour,
PH 323-583-8811 xt 316
FX 323-826-1435
VCI Telcom, Inc. agrees to be available for all maintenance and emergency restoration
services for the City of Vernon for the year 2003 at the existing terms. We offer 24 hour
service for all of your telecommunication needs. If we are required to perform
unscheduled work, we will bill the City of Vernon at a premium hourly rate. If this work
can be scheduled ahead of time, we will either negotiate a lump sum rate or bill at our
regular hourly rates. I have attached our updated Emergency Call Out List. If you have
any questions please give me a call at 800-993-6637.
Respectfully submitted,
VCI Telaom, Inc.
Brett Johnso
VP Upland Branch
CC: Royce Jaime
1921 W.11t' Street, Upland, CA 91786
(909) 946-0905 - (909) 946-0924
Caliromia state License 765716
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
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
December 16, 2002
VCI Telcom, Inc.
Attn: Brett Johnson, Vice President, Upland Branch
1921 W. llth Street
Upland, CA 91783
Re: Amendment No. One to Maintenance Agreement
Dear Mr. Johnson:
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 agreement approved by the Vernon City Council on December
4, 2002.
If you have any questions regarding this matter, please call Mr.
Samuel Kevin Wilson at (323) 583-8811 ext. 245.
Very truly yours,
Nelly Gi on
Assistant to the
Chief Deputy City Clerk
NG/gm
CC: Samuel Kevin Wilson
Dolores Fonseca �ygg
Agreement No. 02-098
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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 December, 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 VCI TELCOM, INC., a subsidiary of
Quanta Services; Inc.
(hereinafter referred to as "VCI
Telcom")
1921 W. 1lth Street
Upland, CA 91786
RECITALS
WHEREAS, the City and VCI Telcom are parties to a Maintenance
Agreement dated November 7, 2001 and effective December 17, 2001
(hereinafter referred to as the "Agreement") under which VCI Telcom was
to perform maintenance and emergency restoration services on the City's
fiber optic network system on an as -needed basis; and
WHEREAS, VCI Telcom's services under the Agreement are to end
on December 17, 2002; and
WHEREAS, the total annual amount to be paid to VCI Telcom
under the Agreement was a sum not to exceed Seventy -Five Thousand
Dollars and No Cents ($75,000.00); and
WHEREAS, less than Twelve Thousand Dollars and No Cents
($12,000.00) has been spent under the Agreement over the past year; and
I WHEREAS, VCI Telcom notified the City on November 18, 2002,
2 that it was willing to perform maintenance and emergency restoration
3 services for another year under the same terms and conditions of the
4 existing Agreement and submitted to the City an updated Emergency Call
5 Out List; and
6 WHEREAS, the City and VCI Telcom desire to amend the time of
7 performance of VCI Telcom's Agreement to extend it from December 17,
8 2002 through December 17, 2003, under the same terms and conditions of
9 the existing Agreement; and
10 WHEREAS, Exhibit "A" of the Agreement will be amended to
11 reflect a new Emergency Call Out List; and
12 WHEREAS, Section 5 of the Agreement allows for changes and
13 additions to the scope of services to be performed by VCI Telcom and
14 adjustments in compensation; and
15 WHEREAS, Section 9.G of the Agreement provides for amendments
16 and modifications to the Agreement.
17 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
18 THE PARTIES HERETO AGREE AS FOLLOWS:
19 SECTION 1: Item 2 of the Agreement entitled "TIME OF
20 PERFORMANCE" is hereby amended by replacing -the text so that it now
21 reads as follows:
22 VCI Telcom's services, at the rates proposed under
23 the original Agreement, shall be extended under
24 Amendment No. One to the Agreement until
25 December 17, 2003, unless the Agreement is otherwise
26 terminated or extended.
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SECTION 2: Exhibit "A" of the Agree__Lent, 3-gerge-:cy Call Out
List, is hereby amended by replacing with a ne:. upda-ed Lis- _:hick is
attached rereto as Exhibit "A" and made a part hereo-f
.
SECTICN 3 In all other respects, --e ter-_s and ccndi-ions
of -he Agreement shall be renewed in its entire-v.
I
IN WITNESS WHEREOF, City and VCI Telcom ha-e exec-ated this
I
Ame-�:ment as of -he date first hereinabove set =orth.
C_ _`_' OF IRNOI.
LEONI��M�L3 RG, _`av r
ATT-ST:
BRUCE V. lvALKENHORST, City C_erk
APT—PtQVED AS TO FORM:
DUrRDO OLIVO, City Attorney
VC- TELCOM, INC.
r
T i t l e:
By.
Title:
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