Resolution No. 91711
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RESOLUTION NO. 9171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. FIVE 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 Res-olution 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, on December 4, 2002, the City Council of the City of
Vernon adopted Resolution No. 8110 approving and authorizing the
execution of 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 Amendment No. Two to the Agreement with VCI extending the
term of the Agreement through and including December 17, 2004; and
WHEREAS, on December 15, 2004, the City Council of the City
of Vernon adopted Resolution No. 8622 approving and authorizing the
execution of Amendment No. Three to the Agreement with VCI extending
the term of the Agreement through and including December 17, 2005; and
WHEREAS, on December 7, 2005, the City Council of the City of
Vernon adopted Resolution No. 8926 approving and authorizing the
execution of Amendment No. Four to the Agreement with VCI extending the
term of the Agreement through and including December 17, 2006; and
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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, 2007, 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, equipment and material rates identified in Exhibit
C of the Agreement; and
WHEREAS, City staff has recommended that a fifth 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. Five to Maintenance Agreement with VCI, in
substantially the same form as the copy 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 to execute said Amendment for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Acting City Clerk, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the Amendment.
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SECTION 5: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Amendment to:
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 1lth Street
Upland, CA 91786
SECTION 6: The Acting 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 22nd day of November, 2006.
(ATTEST:
C
BRUCE V. MALKENHORST, JR.
Acting City Clerk
EONIS C. MAh-BURG, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9171, was duly adopted by the City Council of the City
of Vernon at a special meeting of the City Council duly held on
Wednesday, November 22, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon. /)
(SEAL)
1
BRUCE k.AALKENHORST, JR.
Acting City Clerk
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EXHIBIT A
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AMENDMENT NO. FIVE TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. FIVE 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 22nd day of November, 2006.
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 a Amendment
No. One to the Agreement dated on or about July 2, 2003, Amendment No.
Two to the Agreement dated on or about February 4, 2004, Amendment No.
Three to the Agreement dated on or about December 15, 2004 and
Amendment No. Four to the Agreement dated on or about December 7, 2005
(hereinafter referred to as the "Amendments") that extended the
Agreement through and including December 17, 2006; and
WHEREAS, the total annual amount to be paid to VCI Telcom
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under the Agreement was a sum not to exceed Seventy -Five Thousand
Dollars and No Cents ($75,000.00); and
WHEREAS, less than Fifty Thousand Dollars and No Cents
($50,000.00) has been spent under the Agreement over the past year; andl
WHEREAS, VCI Telcom notified the City on October 15, 2005,
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, 2006 through
December 17, 2007, 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 labor, equipment and material rates; 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:
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VCI Telcom's services, at the rates proposed under
the original Agreement, shall be extended under
Amendment No. Five to the Agreement until
December 17, 2007, 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
LEONIS C. MALBURG, Mayor
(ATTEST:
IBRUCE V. MALKENHORST, JR., Acting City Clerk
(APPROVED AS TO FORM:
JERIC T. FRESCH, City Attorney
VCI TELCOM, INC.
(which will do business in California
as Delaware VCI Telcom, Inc.)
By:
Title:
By:
Title:
- 3 -
►A
EXHIBIT
A
w -1 1 E�- - y
NVCi Telcom_ Inc.
A Subsidiary of Quanta Services, Im. 1921 W. IIth St. UPiand, CA 91786
UPDATED: 10105/06
4th QUARTER
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND DMSION
EMPLOYEE
FRANK MADERA
TITLE
GEN SUP
OFFICE PH:
(909) 946-09M
CELL PH:
(562) 82M1551
HOME PH:
(951) 786-9103
GERRY BEESON
SUPER
(909) 946-09M
(562) 577-6758
(909) 841-7606
(562) 863-8075
(714) 539-4838
GARY THOMPSON
BRIAN MARTISON
SUPER
FOREMAN
(909) 946-0905
(909) 946-09M
(951) 232-7021
(619) 247-8295
JAY FERGUSON
FOREMAN
(909) 946-09M
(951) 232
(951) 830-9427
(949) 5W-942
(760) 244-3239
SHANE SHORES
BRETT BIGNAMI
FOREMAN
FOREMAN
(909) 946-0905
(909) 946-0905
(951) 232-6227
(909) 899'3496
=.TOFF
Ma►
r909) 9t8-0905
(,arf) 232-�t476
(95j,943=2{58
AERIAL DIVISION
TITLE
OFFICE PH:
CELL PH:
OH ME PH:
JIM SCOTT
SUPER
(909) 946-0905
(909) 841-8660
(805) 654-1905
MP DIVISION
TITLE
OFFICE PH:
CELL PH:
HOME PH:
Chris Kelly
Supervisor
(909)946-0906
(909)841-4836
SPLICING
Dan Correa
Vice President
(909)946-0905
(909)322-8620
Water r Division
TITLE
OFFICE PH:
CELL PH:
HOME PH:
John Loy
EStimator
909-946-0905 exL35
909-376-9366
John Bruce
SuperindenteM
909-946-0905
909-322-9415
CONSTRUCTION SERVICES AT ITS FINEST!
42�0742006 13:1,41 YAA J40 040 AYJU
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AMENDMENT NO. FIVE TO
MAINTENANCE AGREEMENT
THIS AMENDMENT NO. FIVE 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 22nd day of November, 2006.
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
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 a Amendment
No. One to the Agreement dated on or about July 2, 2003, Amendment No.
Two to the Agreement dated on or about February 4, 2004, Amendment No.
Three to the Agreement dated on or about December 15, 2004 and
Amendment No. Four to the Agreement dated on or about December 7, 2005
(hereinafter referred to as the "Amendments") that extended the
Agreement through and including December 17, 2006; and
WHEREAS, the total annual amount to be paid to VCI Telcom
1 under the Agreement was a sum not to exceed Seventy -Five Thousand
2 Dollars and No Cents ($75,000.00); and
3 WHEREAS, less than Fifty Thousand Dollars and No Cents
4 ($50,000.00) has been spent under the Agreement over the past year; and
5 WHEREAS, VCI Telcom notified the City on October 15, 2005,
6 that it was willing to continue its maintenance and emergency
7 restoration services for another year under the same terms and
8 conditions of the existing Agreement and submitted an updated Emergency
9 Call Out List and schedule of labor and equipment rates to the City;
10 and
11 WHEREAS, the City and VCI Telcom desire to extend the time of
12 performance of VCI Telcom's Agreement from December 17, 2006 through
13 December 17, 2007, under the same terms and conditions of the existing
14 Agreement; and
15 WHEREAS, Exhibit "A" of the Agreement will be amended to
16 reflect a new Emergency Call Out List; and
17 WHEREAS, Exhibit "C" of the Agreement will be amended to
18 reflect new labor, equipment and material rates; and
19 WHEREAS, Section 5 of the Agreement allows for changes and
20 additions to the scope of services to be performed by VCI Telcom and
21 adjustments in compensation; and
22 WHEREAS, Section 9.G of the Agreement provides for amendments
23 and modifications to the Agreement.
24 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
25 THE PARTIES HERETO AGREE AS FOLLOWS:
26 SECTION 1: Item 2 of the Agreement entitled "TIME OF
27 PERFORMANCE" is hereby amended by replacing the text so that it now
28 reads as follows:
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VCI Telcom's services, at the rates proposed under
the original Agreement, shall be extended under
Amendment No. Five to the Agreement until
December 17, 2007, 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
R
B y :
LEONIS C. MAL RG, yor,
ATTEST:,. _
BRUCE V. M'A'LKENHORST, JR., Acting City Clerk
APPROVED AS TO FORM:
ERIC T. FR SCH, City Attorney
VCI TELCOM, INC.
(which will do business in California
as VCI Telcom, Inc.)
By:
Titl vi �19J
By: v/
Title
- 3 -
EXHIBIT A
VC Telcom_ Inc.
A Subsidiary of Quanta Services, Inc. 1921 W. 11th St. Upland, CA 91786
UPDATED: 10/05/06
4th QUARTER
VCI PRIMARY EMERGENCY RESTORATION CONTACTS:
UNDERGROUND DIVISION
EMPLOYEE
TITLE
FRANK MADERA
GEN SUP
GERRY BEESON
SUPER
GARY THOMPSON
SUPER
BRIAN MARTISON
FOREMAN
JAY FERGUSON
FOREMAN
SHANE SHORES
FOREMAN
BRETT BIGNAMI
FOREMAN
AERIAL DIVISION
JIM SCOTT
FTTP DIVISION
Chris Kelly
SPLICING
Dan Correa
Water Division
John Loy
John Bruce
TITLE
SUPER
TITLE
Supervisor
OFFICE PH:
(909)946-0905
OFFICE PH:
(909)946-0906
(951j 2324475
HOME PH:
(951) 786-9103
(562)863-8075
(714) 539-4838
(619) 247-8295
(949) 589-9423
(760) 244-3239
(909) 899-3496
/6L4 i� '2_-dxm
CELL PH: HOME PH:
(909)841-8660 (805)654-1905
CELL PH: HOME PH:
(909)841-4836
Vice President (909)946-0905 (909)322-8620
TITLE OFFICE PH: CELL PH: HOME PH:
Estimator 909-946-0905 ext.35 909-376-9366
Superindentent 909-946-0905 909-322-9415
CONSTRUCTION SERVICES AT ITS FINEST/
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C11— C OUNC1L.
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
December 19, 2006
VCI Telcom, Inc.
Attn: John Xanthos, President
1921 W. 11th Street
Upland, CA 91786
Re: Amendment No. 5 to Maintenance Agreement
Dear Mr. Xanthos:
MARK C. WHITWORTH
Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
City Treasurer
DONAL O'CALLAGHAN
Director of Light & Power
Transmitted herewith is a fully executed amendment as referenced
above, approved by City Council on November 22, 2006, through
Resolution No. 9171.
If you have any questions regarding this matter, please call Mr. Ali
Nour, at (323) 583-8811 ext. 316.
ry trul
y
ly yours,
y onn
Deputy City Clerk
NG:dr
c: Ali Nour
Dolores Jaunzemis
Resolution No. 9171
Agreement File No. 06-128
'excrugivero hbotviai
0 I Y + 'OUNCIL
LEONIS C. MALBL'RG
Mayor
THOMAS A. YPARRA
Mayor Pro,--Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHA EL McCORMICK
Councilman
of -
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811.
November, 2006
Mr. John Xanthos
President
VCI Telcom, Inc.
1921 W. 11tn Street
Upland, CA 91786
Re: Amendment No. Five to Maintenance Aqreement
Dear.Mr. Xanthos:
MARK C. WHITWORTH
Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
City Treasurer
DONAL O'CALLAGHAN
Director of Light & Power
Enclosed please find two duplicate originals of the
aforementioned Amendment which need to be signed by the
appropriate parties and returned to the City, to the attention
of Judy Lehr, Legal Department, as soon as possible.
Once the originals are executed by the City, one fully executed
014 ginal will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
Requirements for City Agreements" and comply with the
requirements set forth for your corporation.
Thank you for your cooperation regarding this matter.
/Vvey truly yours,
LARD G. M GUC I
Chief.Deput ity Attorney/
Acting Risk anager
Jl
Enclosures
cc: h, �Itn Deputy City Clerk (w/o encls . )
'Excrugively wnbugtriar