Resolution No. 86221
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RESOLUTION NO. 8622
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. THREE 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
lbasis; 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 the Agreement with VCI extending
the term of the Agreement through and including December 17, 2003; and
WHEREAS, on February 4, 2004, the City Council of the City of
Vernon adopted Resolution No. 8368 approving and authorizing the
execution of an Amendment No. Two to the Agreement with VCI extending
the term of the Agreement through and including December 17, 2004; 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, 2005, 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 equipment rates identified in Exhibit C of the Agreement;
hand
WHEREAS, December 14, 2004, the Finance Committee considered
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the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated December 9, 2004, that a third amendment to the Agreement with
VCI be approved and executed.
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. Three to Maintenance Agreement with VCI, a
copy of which is attached hereto as Exhibit A and incorporated by
reference.
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
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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 15th day of December, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MA M ayor
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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.
8622, 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 15, 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. THREE TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. THREE 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 15th day of December, 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 and Amendment
No. Two to the Agreement dated on or about February 4, 2004
(hereinafter referred to as the "Amendments") that extended the
Agreement through and including December 17, 2004; 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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WHEREAS, less than Fourteen Thousand Dollars and No Cents
($14,000.00) has been spent under the Agreement over the past year; and
WHEREAS, VCI Telcom notified the City on December 1, 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, 2004 through
December 17, 2005, 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 "C" of the Agreement will be amended to
reflect new equipment rates for Arrow Board and materials; 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
reads as follows:
VCI Telcom's services, at the rates proposed under
the original Agreement, shall be extended under
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1L/10/U4 WEV 11:U4 FAX 9099460924 VCI
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Amendment No. Three to the Agreement until
December 17, 2005, unless the Agreement is otherwise
terminated or extended.
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 incorporated by reference.
SECTION 3: Exhibit "C" of the Agreement, Equipment Rates,
is hereby amended by replacing with new updated rates, a copy of which
is attached hereto as Exhibit C and .incorporated by reference.
SECTION 4: In all other respects, the terms and conditions
of -he 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. MALRENHORST, City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
Sy:
LEONIS C. MA-LBURG, Mayor
VCI TELCOM, INC.
(which will do business in
California as Delaware VCI
Telcom, Inc.)
By:
Title:
By: �---
Title:
EXHIBIT
0
''fir
AEC
'S59
i Telcom_ Inc.
A Subsidiary of Quanta Services, Inc. 1921 W. 11th St. Upland, CA 91786
UPDATED: 10/28/2004
4nd Quarter 2004
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND DIVISION
EMPLOYEE
TITLE
OFFICE PH.
CELL PH.
HOME PH.
FRANK MADERA
GEN SUP
(909) 946-0905
(562) 824-1551
(951) 786-9103
JERRY BEESON
SUPER
(909) 946-0905
(562) 577-6758
(562) 863-8075
GARY THOMPSON
SUPER
(909) 946-0905
(909) 841-7506
(714) 539-4838
BRIAN MARTISON
FOREMAN
(909) 946-0905
(951) 232-7021
(619) 247-8295
AL LOPEZ
FOREMAN
(909) 946-0905
(805) 207-7649
(951) 688-0014
JAY FERGUSON
FOREMAN
(909) 946-0905
(951) 232-5604
(949) 589-9423
SHANE SHORES
FOREMAN
(909) 946-0905
(951) 830-9427
(760) 244-3239
BRETT BIGNAMI
FOREMAN
(909) 946-0905
(951) 232-5227
(909) 899-3496
CHARLES MARRIOTT FOREMAN
(909) 946-0905
(951) 538-6487
(760) 949-3037
JOE CLAVEAU
PM/EST
(909) 946-0905
(951) 232-4475
(951) 943-2458
BEN VALDEZ
FOREMAN
(909)946-0905
(951)232-3301
AERIAL DIVISION
TITLE
OFFICE PH.
CELL PH.
HOME PH.
GILBERT ORONA
FOREMAN
(909) 946-0905
(951) 232-9775
(909) 873-2026
JIM SCOTT
FOREMAN
(909) 946-0905
(909) 841-8660
(805) 654-1905
DOUG WILEY
SUPER
(909) 946-0905
(909) 376-4633
(818) 881-8124
MP DIVISION
TITLE
OFFICE PH.
CELL PH.
HOME PH.
GARY GOODHUE
SUPER
(909)946-0905
(714)920-9001
AARON LINSS
FOREMAN
(909)946-0905
(714)981-5181
RALPH DELGADO
FOREMAN
(909)946-0905
(909)841-4084
CONSTRUCTION SERVICES AT ITS FINEST!
EXHIBIT
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SUPPORTING
DOCUMENTS
r
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
Chief Executive Officer of
Light & Power
FAX: (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 3, 2005
VCI Telcom, Inc.
Attn: Roy Brown, General Manager
1921 W. 11th Street
Upland, CA 91786
Re: Amendment No. Three to Maintenance Agreement
Dear Mr. Brown:
ERIC T. FRESCH
City Attorney
FAX: (323) 826-1439
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
SOL BENUDIZ
Police Chief
FAX: (323) 826-1481
LEWIS J. POZZEBON
Director of Environmental Health
FAX: (323) 588-4320
Transmitted herewith is a duplicate original agreement as referenced
above that was approved by the Vernon City Council on December 15,
2004 through Resolution No. 8622.
If you have any questions regarding this matter, please call Mr. Jorge
Somoano at (323) 583-8811 ext. 248.
NG/rcm
CC: Jorge Somoano
Agreement File #04-137
Resolution No. 8622
Very truly yours,
Nelly Gi on
Deputy City Clerk
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AMENDMENT NO. THREE TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. THREE 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 15th day of December, 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. 11th 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 and Amendment
No. Two to the Agreement dated on or about February 4, 2004
(hereinafter referred to as the "Amendments") that extended the
Agreement through and including December 17, 2004; 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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WHEREAS, less than Fourteen Thousand Dollars and No Cents
($14,000.00) has been spent under the Agreement over the past year; and
WHEREAS, VCI Telcom notified the City on December 1, 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, 2004 through
December 17, 2005, 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 "C" of the Agreement will be amended to
reflect new equipment rates for Arrow Board and materials; 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
reads as follows:
VCI Telcom's services, at the rates proposed under
the original Agreement, shall be extended under
- 2 -
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Amendment No. Three to the Agreement until
December 17, 2005, unless the Agreement is otherwise
terminated or extended.
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 incorporated by reference..
SECTION 3: Exhibit "C" of the Agreement, Equipment Rates,
is hereby amended by replacing with new updated rates, a copy of which
is attached hereto as Exhibit C and incorporated by reference.
SECTION 4: 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
By: h
EONIS C. MALBUAG, May r
ATTEST: /
BRUCE V. MALKENHORST, City Clerk
APPROVED AS T FORM:
ERIC T. FRESC , ity Attorney
VCI TELCOM, INC.
(which will do business in
California as Delaware VCI
com, Inc.)
By:
Title:51�'�,
By: c
Title: VO e FO
- '-Z -
�Amlw
WAIW
Adw
VCI Telcom_ Inc.
A Subsidiary of Quanta Services, Inc. 1921 W. I Ith St. Upland, CA 91786
UPDATED: 10/28/2004
4nd Quarter 2004
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND DMSION
EMPLOYEE TITLE OFFICE PH. CELL PH. -
FRANK MADERA
GEN SUP
(909) 946-0905
JERRY BEESON
SUPER
(909) 946-0905
GARY THOMPSON
SUPER
(909) 946-0905
BRIAN MARTISON
FOREMAN
(909) 946-0905
AL LOPEZ
FOREMAN
(909) 946-0905
JAY FERGUSON
FOREMAN
(909) 946-0905
SHANE SHORES
FOREMAN
(909) 946-0905
BRETT BIGNAMI
FOREMAN
(909) 946-0905
CHARLES MARRIOTT FOREMAN
(909) 946-0905
JOE CLAVEAU
PM/EST
(909) 946-0905
BEN VALDEZ
FOREMAN
(909)946-0905
AERIAL DMSION
GILBERT ORONA
JIM SCOTT
DOUG WILEY
FTTP DIVISION
GARY GOODHUE
AARON LINSS
RALPH DELGADO
(562)824-1551
(562) 577-6758
(909) 841-7506
(951) 232-7021
(805) 207-7649
(951) 232-5604
(951) 830-9427
(951) 232-5227
(951) 538-6487
(951) 232 4475
(951)232-3301
TITLE OFFICE PH. CELL PH. -
FOREMAN (909) 946-0905 (951) 232-9775
FOREMAN (909) 946-0905 (909) 841-8660
SUPER (909) 946-0905 (909) 376-4633
TITLE OFFICE PH. CELL PH.
SUPER (909)946-0905
(714)920-9001
FOREMAN (909)946-0905
(714)981-5181
FOREMAN (909)946-0905
(909)841-4084
CONSTRUCTION SERVICES AT ITS FINEST!
HOME PH.-
(951) 786-9103
(562) 863-8075
(714) 539-4838
(619) 247-8295
(951) 688-0014
(949) 589-9423
(760) 244-3239
(909) 899-3496
(760) 949-3037
(951) 943-2458
7107,'j14".
(909) 873-2026
(805) 654-1905
(818) 881-8124
HOME PH.
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