Resolution No. 8368i
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RESOLUTION NO. 8368
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. TWO 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 Ci.ty's fiber optic network system on an as -needed
basis; and
WHEREAS, on December 4, 2002, the City Council of the City of
Vernon adopted Resolution No. 8110 approving and authorizing the
execution of an Amendment No. One to Maintenance Agreement with VCI
Telcom, Inc. extending the term of the Agreement through and including
December 17, 2003; 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, 2004, under the same terms and
conditions of the existing Agreement, to update the Emergency Call Out
List identified in Exhibit "A" of the Agreement and to update the
schedule of labor and equipment rates identified in Exhibits "B" and
"C" of the Agreement; and
WHEREAS, February 4, 2004, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated January 28, 2004, that a second amendment to the Agreement be
entered into with VCI.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE:
t
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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. Two to Maintenance Agreement with VCI, 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:
VCI Telcom, Inc.
Attn: Roy Brown, General Manager
1921 W. llth 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 4th day of February, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB RG, Mayor.
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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.
8368, 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 4,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AMENDMENT NO. TWO TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. TWO 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 February, 2004.
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. llth 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, the City and VCI Telcom are parties to an Amendment
No. One to the Agreement dated on or about July 2, 2003 (hereinafter
referred to as "Amendment No. One") that extended the Agreement through
and including December 17, 2003; 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
a
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WHEREAS, less than Four Thousand Dollars and No Cents
($4,000.00) has been spent under the Agreement over the past year; and
WHEREAS, VCI Telcom notified the City on January 27, 2004,
that it was willing to continue its maintenance and emergency
restoration services for another year under the same terms and
conditions of the existing Agreement and submitted an updated Emergency
Call Out List and schedule of labor and equipment rates to the City;
and
WHEREAS, the City and VCI Telcom desire to extend the time of
performance of VCI Telcom's Agreement from December 17, 2003 through
December 17, 2004, under the same terms and conditions of the existing
Agreement; and
WHEREAS, Exhibit "A" of the Agreement will be amended to
reflect a new Emergency Call Out List; and
WHEREAS, Exhibit "B" of the Agreement will be amended to
reflect new labor rates for Supervisor and Lineman; and
WHEREAS, Exhibit "C" of the Agreement will be amended to
reflect new equipment rates for the Aerial Lift Truck, Digger Derick,
Pickup Truck, Pole Dolly and Arrow Board; and
WHEREAS, Section 5 of the Agreement allows for changes and
additions to the scope of services to be performed by VCI Telcom and
ladjustments in compensation; and
WHEREAS, Section 9.G of the Agreement provides for amendments
and modifications to the Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Item 2 of the Agreement entitled "TIME OF
PERFORMANCE" is hereby amended by replacing the text so that it now
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1 reads as follows:
2 VCI Telcom's services, at the rates proposed under
3 the original Agreement, shall be extended under
4 Amendment No. Two to the Agreement until
S December 17, 2004, unless the Agreement is otherwise
6 terminated or extended.
7 SECTION 2: Exhibit "A" of the Agreement, Emergency Call Out
8 List, is hereby amended by replacing with a new updated List which is
9 attached hereto as Exhibit "A" and made a part hereof.
10 SECTION 3: Exhibits "B" and "C" of the Agreement, Labor
11 Rates and Equipment Rates, respectively, are hereby amended by
12 replacing with new updated rates, a copy of which is attached hereto as
13 Exhibit "B" and made a part hereof.
14 SECTION 4: In all other respects, the terms and conditions
15 of the Agreement shall be renewed in its entirety.
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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:
RkMftR9XXYjLUffi, City Attorney
ERIC T. FRESCH
am
LEONIS C. MALBURG, Mayor
VCI TELCOM, INC.
(which will do business in
California as Delaware VCI
Telcom, Inc.)
By:
Title: ViG�
By:
Tit 1 e : S.0—t.�cti•,+"1
EXHIBIT
0
UNDERGROUND DIVISION
EMPLOYEE
TITLE
OFFICE PH. -
FRANK MADERA
GEN SUP
(909) 946-0905
JERRY BEESON
SUPER
(909) 946-0905
GARY THOMPSON
SUPER
(909) 946-0905
BRIAN MARTISON
FORMAN
(909) 946-0905
AL LOPEZ
FORMAN
(909) 946-0905
JAY FURGOSEN
FORMAN
(909) 946-0905
TONY SIMENTAL
FORMAN
(909) 946-0905
SHANE SHORES
FORMAN
(909) 946-0905
BOB ROYER
FORMAN
(909) 946-0905
JORGE PALOMO
FORMAN
(909) 946-0905
BRETT BIGNAMI
FORMAN
(909) 946-0905
CHARLES MARRIOTT FORMAN
WrA
(909) 946-0905
CELL PH.
(562) 824-1551
(562)577-6758
(909) 841-7506
(619) 247-8295
(805)207-7649
(619) 843-8211
(562)572-1656
(909) 830-9427
(562)577-5009
(562)577-9324
(619) 843-0155
(909) 538-6487
HOME PH.-
(909) 786-9103
(562) 863-8075
(714) 539-4838
(619) 247-8295
(909) 688-0014
(949) 589-9423
(909) 656-1163
(760) 244-3239
(818) 364-0106
(818) 985-3424
(909) 899-3492
(760) 949-3037
TIM BURKS
ROY BROWN
MAN
(909) 946-0905
(909) 634-2572
(909) 336-2163
GEN MAN
(909) 946-0905
(909) 757-9487
(661) 269-5041
AERIAL DIVISION
EMPLOYEE
TITLE
OFFICE PH:
CELL PH:
HOME PH:
DOUG WILEY
GILBERT ORONA
SUPER
FORMAN
(909) 946-0905
(909) 946-0905
(619) 520-9394
(909) 941-6867
JIM SCOTT
FORMAN
(909) 946-0905
(619) 572-7173
(609) 841-8660
(909) 873-2026
(805) 654-1905
CONSTRUCTION SERVICES AT ITS FINEST!
EXHIBIT
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SUPPORTING
DOCUMENTS
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AMENDMENT NO. TWO TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. TWO 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 10"Vday of February, 2004.
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. llth 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, the City and VCI Telcom are parties to an Amendment
No. One to the Agreement dated on or about July 2, 2003 (hereinafter
referred to as "Amendment No. One") that extended the Agreement through
and including December 17, 2003; 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
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fAl rm
ME
WHEREAS, less than Four Thousand Dollars and No Cents
($4,000.00) has been spent under the Agreement over the past year; and
WHEREAS, VCI Telcom notified the City on January 27, 2004,
that it was willing to continue its maintenance and emergency
restoration services for another year under the same terms and
conditions of the existing Agreement and submitted an updated Emergency
Call Out List and schedule of labor and equipment rates to the City;
and
WHEREAS, the City and VCI Telcom desire to extend the time of
performance of VCI Telcom's Agreement from December 17, 2003 through
December 17, 2004, under the same terms and conditions of the existing
Agreement; and
WHEREAS, Exhibit "A" of the Agreement will be amended to
reflect a new Emergency Call Out List; and
WHEREAS, Exhibit"B" of the Agreement will be amended to
reflect new labor rates for Supervisor and Lineman; and
WHEREAS, Exhibit "C" of the Agreement will be amended to
reflect new equipment rates for the Aerial Lift Truck, Digger Derick,
Pickup Truck, Pole Dolly and Arrow Board; and
WHEREAS, Section 5 of the Agreement allows for changes and
additions to the scope of services to be performed by VCI Telcom and
adjustments in compensation; and
WHEREAS, Section 9.G of the Agreement provides for amendments
and modifications to the Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Item 2 of the Agreement entitled "TIME OF
PERFORMANCE" is hereby amended by replacing the text so that it now
1 IN WITNESS WHEREOF, City and VCI Telcom have executed this
2 Amendment as of the date first hereinabove set forth.
3 CITY OF VERNON
4 By:
5 rEOSC.MALB , MayoATTEST•
6 ✓,
7 BRUCE V. MALKENHORST, City Clerk
8
APPROVED AS TO RM:
9 4X�\
10 00MUX01MM, City"Attorney
ERIC T. FRESCH
11
12 VCI TELCOM, INC.
(which will do business in
13 California as Delaware VCI
Telcom, Inc.)
14
15 By: k I LA.,
16 Title • 1 ?,I �/�1
17
18 By:
19 Title:�('�c;
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_ n _
1 IN WITNESS WHEREOF, City and VCI Telcom have executed this
2 Amendment as of the date first hereinabove set forth.
3 CITY OF VERNON
4 By; r
r'EONI�SC-�MALB , Mayo
5 ATTEST-
6
7 BRUCE V. MALKENHORST, City Clerk
8
APPROVED AS TO RM:
9 ---'�
10 City"Attorney
ERIC T. FRESCH
11
12 VCI TELCOM, INC.
(which will do business in
13 California as Delaware VCI
Telcom, Inc.)
14
15 By:
16 Title • q� tjl EJ--,-
17
18 By: __ Lam-------_
19 Title:
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_ n _
I st Quarter 2004
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND DIWISION
EMPLOYEE
TITLE
OFFICE PH:
CELL PH:
HOME PH:
FRANK MADERA
JERRY BEESON
GEN SUP (909) 946-0905
SUPER (909) 946-0905
(562) 824-1551
(909) 786-9103
GARY THOMPSON
BRIAN
SUPER
(909) 946-0905
(562) 577-6758
(909) 841-7506
(562) 863-8075
(714) 539-4838
MARTISON
AL LOPEZ
FORMAN
(909) 946-0905
(619) 247-8295
(619) 247-8295
JAY FURGOSEN
FORMAN
FORMAN
(909) 946-0905
(909) 946-0905
(805) 207-7649
(909) 688-0014
TONY SIMENTAL
SHANE SHORES
FORMAN
(909) 946-0905
(619) 843-8211
(562) 572-1656
(949) 589-9423
(909) 656-1163
BOB ROYER
FORMAN
FORMAN
(909) 946-0905
(909) 946-0905
(909) 830-9427
(760) 244-3239
JORGE PALOMO
BRETT BIGNAMI
FORMAN
(909) 946-0905
(562) 577-5009
(562) 577-9324
(818) 364-0106
(818) 985-3424
FORMAN
CHARLES MARRIOTT FORMAN
(909) 946-0905
(909) 946-0905
(619) 843-0155
(909) 899-3492
Mem
(909) 538-6487
(760) 949-3037
TIM BURKS
ROY BROWN
am
MAN (909) 946-0905
GEN MAN (909) 946-0905
(909) 634-2572
MWAAmm
2163
(661)
(909) 757-9487
(661) 269-5041
269-5041
AERIAL DMSION
EMPLOYEE
TITLE
OFFICE PH:
CELL PH:
HOME PH:
DOUG WILEY
GILBERT ORONA
SUPER
FORMAN
(909) 946-0905
(909) 946-0905
(619) 520-9394
(909) 941-6867
JIM SCOTT
FORMAN
(909) 946-0905
(619) 572-7173
(609) 841-8660
(909) 873-2026
(805) 654-1905
CONSTRUCTION SERVICES AT ITS FINESTI
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