Loading...
Resolution No. 10114RESOLUTION NO. 10,114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 8 TO AGREEMENT FOR MAINTENANCE SERVICES WITH VCI TELCOM, INC. RELATING TO THE CITY'S FIBER OPTIC NETWORK SYSTEM 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, VCI and the City have executed Amendments Nos. 1 through 7 to extend the Agreement each year thereafter, which amendments were approved and authorized by Resolution Nos. 8100, 8368, 8622, 8926, 9171, 9498 and 9770; and WHEREAS, VCI has been responsive to the City's needs and delivered reliable services at a competitive rate since the inception of the Agreement; 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, 2010, under essentially the same terms and conditions of the existing Agreement, except that the parties desire to (1) remove and replace the Emergency Call Out List identified in Exhibit A of the Agreement with an updated list and (2) remove and replace the Labor Rates identified in Exhibit B of the Agreement and the Equipment Rates identified as Exhibit C of the - 1 - Agreement with a revised and combined list of equipment and labor rates; and WHEREAS, by memo dated November 25, 2009, the Director of Light & Power has recommended that an Amendment No. 8 to the Agreement with VCI be approved and executed extending the term of the Agreement for one additional year with a not -to -exceed annual total expenditure of Seventy -Five Thousand Dollars and No Cents ($75,000.00). 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. 8 to Agreement for Maintenance Services 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 or Mayor Pro-Tem to execute said Amendment for, and on behalf of, the City of Vernon and the City Clerk or Deputy City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one fully executed Amendment to: - 2 - VCI Telcom, Inc. Attn: John Xanthos, President 1921 W. 11th Street Upland, CA 91786 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7th day of December, 2009. AT ST: ANUELA GIRON, Ci y Clerk Name: Hilario Gonzales Tit 1 e : Mayor - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 10,014, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, December 7, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this �day of December, 2009, at Vernon, California. (SEAL) MANUELA GIR N, City Clerk - 4 - EXHIBIT A AMENDMENT NO.8 TO AGREEMENT FOR MAINTENANCE SERVICES This Amendment ("Amendment No. 8") to that certain Agreement for Maintenance Services dated November 7, 2001 (the "Agreement"), is made as of December Z 2009, by and between the City of Vernon, a California charter city and municipal corporation, with offices located at 4305 Santa Fe Avenue, Vernon, California, 90058 ("the City"), and VCI Telcom, Inc., a Delaware corporation, with offices located at 1921 West 11th Street, Upland, California, 91786 ("VCI Telcom"). WHEREAS, the City and VCI Telcom are parties to a written Agreement dated November 7, 2001, under which VCI Telcom performs 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 Amendment Nos. 1 through 7, dated December 11, 2002, February 4, 2004, December 15, 2004, December 7, 2005, November 22, 2006, December 17, 2007, and December 1, 2008, respectively; and WHEREAS, VCI Telcom notified the City on November 2, 2009, that it would be willing to continue its maintenance and emergency restoration services for another year; and WHEREAS, VCI Telcom provided the City with an updated Emergency Call Out List and schedule of labor and equipment rates to the City, indicating that the Agreement would continue on the same terms and conditions as the existing Agreement excepting only that the labor rates increased by three (3) percent in accordance with the list attached to this Amendment No. 8 as Exhibit B; and WHEREAS, Section 5 of the Agreement provides that the Agreement may be modified by a written document executed by both parties and approved as to form by the City Attorney; and WHEREAS, the City and VCI Telcom desire to amend the Agreement to extend the time of performance of the Agreement from December 18, 2009 through December 17, 2010. NOW, THEREFORE, the parties to this Amendment No. 8 agree as follows: Section 2 of the Agreement is hereby amended to read in its entirety as follows: "2. TIME OF PERFORMANCE. VCI Telcom's services, at the rates proposed herein, shall be extended through December 17, 2010, unless the Agreement is otherwise terminated or extended." 2. Exhibit "A" of the Agreement ("Emergency Call Out List") is hereby removed and replaced with the updated list ("VCI Primary Emergency Restoration Contacts"), which is attached hereto as Exhibit A and incorporated by reference. 12720-0001\ 1188342v1.due 3 Effective as of December 18, 2009, Exhibit; "B" of the Agreement {"Labor Rates") and Exhibit "C" of the Agreement ("Equipment Rates") are hereby removed and replaced with a revised and combined list of equipment and labor rates whichis attached hereto as Exhibit and incorporated by reference. 4. Except as expressly modified by this Amendment No. 8, all provisions of the Agreement shall remain in full force and effect. 5. This Amendment No. 8 is executed in duplicate originals, each of which is deemed to be an original for all purposes. 6. The provisions of this Amendment No. 8 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 8 and shall supercede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 8. 7. The. person or persons executing this Amendment No. 8 on behalf of each of the parties warrants and represents. that he or she has: the authority to execute this Amendment No. 8 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS W1 EREOF, the parties have signed this Amendment No. 8 as of the date stated in the introductory clause. City of Vernon By: Mayor / Mayor Pro-Tem ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: LAURENCE'S. WIENER, City Attorney VCI Telcom, Inc. 12720-0001\1188342v1.doe 2 EXHIBIT A A Subsidiary of Quanta Services, Inc. UPDATED; 11/02/2009 1st Quarter 2010 VCI PRIMARY EMERGENCY RESTORATION CONTACTS: UNDERGROUND DIVISION EMPLOYEE TITLE OFFICEPH. FRANK MADERA GEN SUPER (909) 946-0905 GERRY BEESON SUPER (909) 946-0905 JAY FERGUSON FOREMAN (909) 946-0905 GARY THOMPSON FOREMAN (909) 9.46-0905 BRIAN MARTINSON FOREMAN (909) 946-0905 SHANE SHORES FOREMAN (909) 946-0905 BRETT BIGNAMI FOREMAN (909) 946-0905 OHARLES MARRIOTT FOREMAN (909) 946-0906 Jesse Gloria Estimator (969) 946-0905 Estimating JOE CLAVEAU Manager (909) 946-0905 AERIAL DIVISION EMPLOYEE TITLE OFFICE PH:. JIM SCOTT Super. (909) 946-0965 SPLICING DIVISION Shan Gary Fiber splicing Supervisor ROB OPDYKE VICEPRESIDENTtTECHNICALADVISOR CELL PH. (562)824-1551 (562)577-6758 (951)232-5604 (909) 841-7506 (951)232-7021 (951)830-9427 (951)232-5227 (951) 538-6487 (951)453-9879 HOME PH. (951)786-9103 (562) 863-8075 (949)589-9423 (714)539-4838 (619)247-8295 (760) 244-3239 (909) 899-3496 (760)949-3037 (760) 646.9559 (951) 232-4475 (951) 902-2261 CELL PH. HOME PH.- (909) 841-8660 (805)654-1905 (909) 841-8646 (909)841-7432 CONSTRUCTION SERVICES AT ITS FINEST! 1921 W. 111th Street Upland, CA 91786 OfGe#(909)946-0905 Fax#(909)946-0924 Primary Contact for ail functions EXHIBIT B N N N = 7 = S S 2 CD 1 o T C/) o' q0 0) o- n r m r m ° o 0 a .< D 0 a l< m ga. 0 c � c c = o --1 a m 3 v r m o(R m O a o O s o o -ID , 0w "n 3 -n 3cr -, c� 00v0m �' 0 o c c c m m m to O (a 69 ti3 O OD En 69 69 VW VuN fo OW 69 to O Vl c Ii tn (0 W �flf (fl03 V b3 W v O DOD O W(/ pN p N U(Ot �O pG1 2 O 0 O (D a cff in &9 EA En 49 En kA in A 69 fn 69 w in .{n En fs W W fn ctf en fn En fn O . . . . . . LLU 11 1. .1 1. z 0 c m m z 0 z D z m m m 0 0 0 '7« m CL m o CL G W 7' 3 0 (0 3 7 O ") O R M M i MA • 0 0 -„ N 3 a A n fD D W 3 .0 O n ;K, p�.o < C m 0-1 . �cDO ` o �m or- 20 WW cC 21 1rn o = c W o . 6 & u 0 U + O cr m 3 j tD 7 pnm 1� �v - n. gn O O 0 7-oa) Oo o Cl l w �CC c 69 to bi b9 fflj co {i9 _ EA EH iA Wi b9 <S ffl Efl W W 0) w v ,.Op V V O OD V co -4 W ODD UI O W N�� N N��� (0 OD W (h O W O O W W W N O Q7 O O OD [O (D O O C? O O p O A O _(p ,� .f?. Zn .O .O :(0 .W .O w .O .V. .W .V. .N -� .N ,-4 .(fl .p -4 jp N O y .W ,t4 .W N 0 t o v o �^ CD W OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 9, 2009 VCI Telcom, Inc. Attn: John Xanthos, President 1921 W. 11th Street Upland, CA 91786 Re: Amendment No. 8 to Maintenance Agreement Dear Mr. Xanthos: Transmitted herewith is a fully executed amendment as referenced above, approved by City Council on December 7, 2009, through Resolution No. 10,114. If you have any questions regarding this matter, please call Mr. Ali Nour, at (323) 583-8811 ext. 316. Very truly yours, Nelly Giron City Clerk NG:dj c: D. O'Callaghan Ali Nour Purchasing Department Resolution No. 10,114 Agreement File No. 09-144 E, Ccfusivefy Industriaf AMENDMENT NO. 8 TO AGREEMENT FOR MAINTENANCE SERVICES This Amendment ("Amendment No. 8") to that certain Agreement for Maintenance Services dated November 7, 2001 (the "Agreement'), is made as of December 7 , 2009, by and between the City of Vernon, a California charter city and municipal corporation, with offices located at 4305 Santa Fe Avenue, Vernon, California, 90058 ("the City"), and VCI Telcom, Inc., a Delaware corporation, with offices located at 1921 West 1 lth Street, Upland, California, 91786 ("VCI Telcom"). WHEREAS, the City and VCI Telcom are parties to a written Agreement dated November 7, 2001, under which VC1 Telcom performs 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 Amendment Nos. 1 through 7, dated December 11, 2002, February 4, 2004, December 15, 2004, December 7, 2005, November 22, 2006, December 17, 2007, and December 1, 2008, respectively; and WHEREAS, VCI Telcom notified the City on November 2, 2009, that it would be willing to continue its maintenance and emergency restoration services for another year•, and WHEREAS, VCI Telcom provided the City with an updated Emergency Call Out List and schedule of labor and equipment rates to the City, indicating that the Agreement would continue on the same terms and conditions as the existing Agreement excepting only that the labor rates increased by three (3) percent in accordance with the list attached to this Amendment No. 8 as Exhibit B; and WHEREAS, Section 5 of the Agreement provides that the Agreement may be modified by a written document executed by both parties and approved as to form by the City Attorney; and WHEREAS, the City and VCI Telcom desire to amend the Agreement to extend the time of performance of the Agreement from December 18, 2009 through December 17, 2010. NOW, THEREFORE, the parties to this Amendment No. 8 agree as follows: Section 2 of the Agreement is hereby amended to read in its entirety as follows: "2. TIME OF PERFORMANCE. VCI Telcom's services, at the rates proposed herein, shall be extended through December 17, 2010, unless the Agreement is otherwise terminated or extended." 2. Exhibit "A" of the Agreement ("Emergency Call Out List") is hereby removed and replaced with the updated list ("VCI Primary Emergency Restoration Contacts"), which is attached hereto as Exhibit A and incorporated by reference. 12720-0001\1188342v1.doe 3. Effective as of December 18, 2009, Exhibit `B" of the Agreement ("Labor Rates") and Exhibit "C" of the Agreement ("Equipment Rates") are hereby removed and replaced with a revised and combined list of equipment and labor rates which is attached hereto as Exhibit B and incorporated by reference. 4. Except as expressly modified by this Amendment No. 8, all provisions of the Agreement shall remain in full force and effect. 5. . This Amendment No. 8 is executed in duplicate originals, each of which is deemed to be an original for all purposes. 6. The provisions of this Amendment No. 8 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 8 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 8. 7. The person or persons executing this Amendment No. 8 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 8 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 8 as of the date stated in the introductory clause. City of Vernon VCI Telcom, Inc. e By: By: Mayor / Mayor Pro- em Name. rw� -h u S Title: (9 1 C� �-- AT)FEST: By: Name: V 15 1� Title: V P C F U s-e-o e-+ary MANUELA GIRON,-Cifi Clerk APPRO D TO FORM: NCE S. WIENER, City Attorney 12720-0001\1188342vl.doc 2 EXHIBIT A A Subsidiary of Quanta Services, Inc. UPDATED: 11 /02/2009 1st Quarter 2010 VCI PRIMARY EMERGENCY RESTORATION CONTACTS: UNDERGROUND DIVISION EMPLOYEE TITLE OFFICE PH: CELL PH: HOME PH: FRANK MADERA GEN SUPER (909) 946-0905 (562) 824-1551 (951) 786-9103 GERRY BEESON SUPER (909) 946-0905 (562) 577-6758 (562) 863-8075 JAY FERGUSON FOREMAN (909) 946-0905 (951) 232-5604 (949) 589-9423 GARY THOMPSON FOREMAN (909) 946-0905 (909) 841-7506 (714) 539-4838 BRIAN MARTINSON FOREMAN (909) 946-0905 (951) 232-7021 (619) 247-8295 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 Jesse Gloria Estimator (909) 946-0905 (951)453-9879 (760) 646.9559 Estimating JOE CLAVEAU Manager (909) 946-0905 (951) 232-4475 (951) 902-2251 AERIAL DIVISION EMPLOYEE TITLE OFFICE PH. CELL PH: HOME PH: JIM SCOTT Super. (909) 946-0905 (909) 841-8660 (805) 654-1905 SPLICING DIVISION Shan Gary Fiber Splicing Supervisor (909) 841-8646 ROB OPDYKE VICE PRESIDENTlTECHNICAL ADVISOR (909)841-7432 CONSTRUCTION SERVICES AT ITS FINEST! 1921 W. 11th Street Upland, CA 91786 Office#(909)946-0905 Fax#(909)946-0924 Primary Contact for all functions EXHIBIT B m w ni n n _ _ _ a 0. m Q m Om 0(D cn m - - n o -0-0 p — - n o m O U) _ m n O Cr 0 m 0 cr o m 0 O a) cr 0 �1 ro 0 n ro 1 t ro g 0 _' n ro 1 N m 0 (� m 1 N io $ -► A, p �. m 0 p -i a 1 (p O 0 c; 0 Q. < m _. m 3 3 p-I _. (D 3 D 7 O r- m O ro O p O a O O 0 a Q«1 o -n 0 M 3 n) � p m 0 m 3 (U z O n o ro c m 2 0 c m O -, fn c m ( o. p ' O � c c c rn m rn Efl co CO V te � w 69 W .A p N EA O O 00 N V O) ' O �. V p V OD O (i7. N W N N V. EA O Cn EA p CO W �. .EA OD '' W (0 fA 0) '' V ..-p ffi P -' -a . () �- (0 O -b9 O) V co ffl p (l N EA (o N �V ffl O) w CP -N 0 W to ' 0 ff9 OD o .(o EA Cn W 4N 0) -' v 10, fA (O m b9 0) W �! 0 c C�C G 0 i(- m a EA Efi ffl EA {fl to be EA (0 fig ka to EA EA to .69 to 69 {fl V) to to to ke EA 69 O n r z O C < m z O z D z -i m z z n m (Do o. D m 0- h m o a r 0 33 h' (o rt O 7 zy 5 QD a 3 W :Q oo= 0-u < mm o -U(Dl mPq pO aCC(D S. D n0 C C�� -,(D-' . -O C W cO lU N ti0D • i (D ��n n n p_I n o p Q --3- 7 (D or QN x 3 � D N p A- a -n n U X:3- 7C U N - G7 QCO (D (D O (D y Jv a O 3Q O -� (D N D u v O p a)C O al r � (D Q( -0+0 I 0 x O c W x C7 o (D EA fA ffl w 0 w {A w EA EA to to EA fA 69 fA EA (A co EA EA 69 fA W O W O V W O V N V .p O -' OD N W N N w "� � 01 N N- W S9 -` - N to W V O-4 M W Vf O W O M W O O O W A mil. .A Qo W W O O (A) W W N O) (O OD (D OD 6 � P 0 O O P W --• .(p ,(WO .OW (Y, .Q ,O :(Q ,W .O .(U ,O .V. .W . �l .N .N ,V rl. O D -(O N 3 b C rt Q D 3 rr O N (z W W p (L] rn .� b9 EA EA b9 ffl (A EA fA fA to EA 69 to (A fA fry EA fA. (A (A fA (A fA W E09 EA (A b9 kn f-0 ffl ZA 69 STAFF REPORT DEC 0 2 2009 CITY CLERK'S OFFICE LIGHT & POWER Appm m DEC 0 `Og CRY COUNCIL DATE: November 25, 2009 TO: Honorable Mayor and City Council FROM: Donal O'Callaghan, Director of Light & Power RE: VCI Telcom Inc. - Annual Maintenance and Emergency Restoration Services Agreement Extension - Resolution No. 7854 Fiber Optics Purpose: The City's Fiber Optics network cabling system has been receiving citywide maintenance and emergency restoration services from VCI Telcom, Inc. pursuant to an agreement executed in 2001 as stated in Resolution No. 7854. Since the inception of the agreement, VCI Telcom, Inc.. has performed maintenance services on the fiber optics network and has; been responsive to the City's needs and delivered reliable services at a competitive rate. VCI Telcom, Inc. has submitted a letter of interest for extending the maintenance agreement for an additional 12 months. The pricing structure will maintain the equipment charges the same as last year and a 3% increase in the labor charges. All other terms of the agreement will remain the same. Recommendation: I am recommending the approval of the amendment No. 8 to the original Maintenance and Emergency Restoration Services Agreement with VCI Telcom, Inc. which extends their services for one additional year and the amendment be addressed on the December 07, 2009 agenda and be approved by the City Council with a new resolution to be adopted covering the services' time extension. Upon approval, it is recommended that a new purchase order be issued to continue the services for an additional twelve months under the existing agreement. CEIVE NOV 3 t) 2009 Staff Report Page 2 of 2 Fiscal Impact: This service was itemized and approved in the 2009/2010 operating budget. The fiscal impact is a not -to -exceed $75,000.00, including parts, labor, equipment, taxes and fees. DO: an C: Ali Nour Project Control Document Control- Fiber Optics AMENDMENT NO.8 TO AGREEMENT FOR MAINTENANCE SERVICES This Amendment ("Amendment No. 8") to that certain Agreement for Maintenance Services dated November 7, 2001 (the "Agreement"), is made as of , 2009, by and between the City of Vernon, a California charter city and municipal corporation, with offices located.at 4305 Santa Fe Avenue, Vernon, California, 90058 ("the City"), and VCI Telcom, Inc., a Delaware corporation, with offices located at 1921 West l lth Street, Upland, California, 91786 ("VCI Telcom" ). WHEREAS, the City and VCI Telcom are parties to a written Agreement dated November 7, 2001, under which VCI Telcom performs 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 Amendment Nos. 1 through 7, dated December 11, 2002, February 4, 2004, December 15, 2004, December 7, 2005, November 22, 2006, December 17, 2007, and December 1, 2008, respectively; and WHEREAS, VCI Telcom notified the City on November 2, 2009, that it would be willing to continue its maintenance and emergency restoration services for another year•, and WHEREAS, VCI Telcom provided the City with an updated Emergency Call Out List and schedule of labor and equipment rates to the City, indicating that the Agreement would continue on the same terms and conditions as the existing Agreement excepting only that the labor rates increased by three (3) percent in accordance with the list attached to this Amendment No. 8 as Exhibit B; and WHEREAS, Section 5 of the Agreement provides that the Agreement may be modified by a written document executed by both parties and approved as to form by the City Attorney; and WHEREAS, the City and VCI Telcom desire to amend the Agreement to extend the time of performance of the Agreement from December 18, 2009 through December 17, 2010. NOW, THEREFORE, the parties to this Amendment No. 8 agree as follows: Section 2 of the Agreement is hereby amended to read in its entirety as follows: "2. TIlb1E OF PERFORMANCE. VCI Telcom's services, at the rates proposed herein, shall be extended through December 17, 2010, unless the Agreement is otherwise terminated or extended" 2. Exhibit "A" of the Agreement ("Emergency Call Out List") is hereby removed and replaced with the updated list ("VCI Primary Emergency Restoration Contacts"), which is attached hereto as Exhibit A and incorporated by reference. 12720-0001\1188342v1.doc 3. Effective as of December 18, 2009, Exhibit "B" of the Agreement ("Labor Rates") and Exhibit "C" of the Agreement {"Equipment Rates") are hereby removed and replaced with a revised and combined list of equipment and labor rates which is attached hereto as Exhibit B and incorporated by reference. 4. Except as expressly modified by this Amendment No. 8, all provisions of the Agreement shall remain in full force and effect. 5. This Amendment No. 8 is executed in duplicate originals, each of which is deemed to be an original for all purposes. 6. The provisions of this Amendment No. 8 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 8 and shall supercede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 8. 7. The person or persons executing this Amendment No. 8 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 8 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 8 as of the date stated in the introductory clause. City of Vernon VCI Telcom, Inc. LE Mayor / Mayor Pro-Tem ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: LAURENCE S. WIENER, City Attorney 12720-0001\1188342v1.doc I:J Name: J ?C v-v4-vxC) Title: C-Sk By. v' N V. Gc-foVt Title: V e CFO y `1 '1 - Inc November 2st 2009 Ali -Nour City of Vernon 2nd Floor Utilities 4305 Santa Fe Ave_ Vernon, CA 90058 RE: Maintenance Contract Extension Dear Mr. Nour, PH 323-583-8811 xt 316 FX 323-826-1435 PO#011.0002537 VCI Telcom, Inc. agrees to be available for all maintenance and emergency restoration services for the City of Vernon for the year 2010 at the existing terms and conditions. Our labor rates were increased 3% but no increase on equipment rates or material markup. 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 909-946-0905. Respectfully submitted, VCI Telcom, Inc. Roy E. Brown Vice -President of Operations CC: J. Xanthos V. Marovish J. Scott J. Claveau MC 1921 W. 11th Street, Upland, CA 91786 RECE D (909) 946-0905 * (909) 946-0924 ry California State License 766716 NOVN2 �� ORIGINAL 1111T & 11WIR OF c 0 c L O O a) Z O ° a) F- O U U � U Z O z O W U z Q z W z a z O z ry W 0 N a) 0 (N a) E f0 16 Z m aa) 0 o U o U I 1 I I I I f I I I I I 1 I t 1 f I I I I I I I I I J H O 1- (m C9 6% 6R 69 r» 03 m Ga 69 69 6% m 61) m 69 m 69. 69 m M 69 69 m v Y `O O 0 2 (o I- "t (0 r In (0 I m c r- O 1� t) 0 W t I- N' N cn W cn 'ITr (0 d I` 0' M M r N to O �. O o r r- N N 00 N- d r M -I'- O 6 O 69 vi m (964 N r M to o)mE9 O w 0 r (0' V 0) (O m69 N O' 0 d' ER I-- 0O 69 O E9 I Eg O ER w 69 M r E9 W r 69 N N E0 ao 0 [fi I� � EA CO t` 69 I� 0 69 00 69 M 69 d) ao 69 C C C E:. E E.. IZ Q IZ Cr c U ©� O NQ a) CIL F- O❑ LO Z a) U. 40 Z a) � c N a) O O❑ C a) t�0 C a) t0i O a) GL © O❑ ` t6 N O >_ t6 a) O c (6 a) c O C 4) _1 p C N C le 3 - O a) -p y i t- p , 0 a) a) - 3 N U i a) - N 9 U T N a) - a) U T N n 0 � O �Cl >s O.. J N O U N '`� � 1- O 0 U _ �- p 0- ClO Cl U >_ o _ LL a) (� .Q v fZ 7 7 7 in U) _ _ _ N M V 69) 64 69 69 61* 69 EA (a (a &3 69 69 (a 63 69 (a 69 (a 69 69 H) 69 (q 69 of 69 69 69 69 64 6% (A 69 64 � 0) � (6 � m m c y O. E Q c6 Q Y O a N tY Mz O O> .t-. �. T, M - O O O M O- O. � .©. M �- O 00 O- �- r- W O O O V ti O CD a) m O (4 N (M M M O (O M O tin M M (A N q r 00 r O N O N O LO Oj LO r O r. C.) r O r LO r 00 M (4 N n N O m t� N 06 r O �' 1� N h- r 0 f1 O O () cM (D 69 69 6% 69 69 64 64 64i 69 69 6R 69 69 69 69 0% E9 69 69 ER 6960 EF3 (i'1 69 69 C N N E o L Y V7 L L •.. •.. (6 .- 7 LO r C E L_ p O -2 N J6 L Y 3 N N N N LO w coL L. �: N + o �. 0 E~ O C 7 O O _ O L w F- E ` L L W o �' + N O = _ 0) Y L O O c N r L O � Y OL O ~ 0 '0 (n 2 N O 0 O+ P A~ E t Y � O �( O F- L U D 3 N r L -, L w > N L U ` O O E + V U LL N N Y U C (A N 0) 0 0) O N 3 U -- O O L +U. +U O) _ O F- N LL_ >i _Q O OS (A N (6 tY U' U Q -� O ID O Y U LLI N f r LL E OtyJ C7 > L U O '� = O a N j o 00 r U � a r 2 m Q Q � � a)I- _ -o .. � r cx A Subsidiary of Quanta Services, Inc. UPDATED: 11 /02/2009 1st Quarter 2010 VCI PRIMARY EMERGENCY RESTORATION CONTACTS: UNDERGROUND DIVISION EMPLOYEE TITLE OFFICE PH. CELL PH. HOME PH: FRANK MADERA GEN SUPER (909) 946-0905 (562) 824-1551 (951) 786-9103 GERRY BEESON SUPER (909) 946-0905 (562) 577-6758 (562) 863-8075 JAY FERGUSON FOREMAN (909) 946-0905 (951) 232-5604 (949) 589-9423 GARY THOMPSON FOREMAN (909) 946-0905 (909) 841-7506 (714) 539-4838 BRIAN MARTINSON FOREMAN (909) 946-0905 (951) 232-7021 (619) 247-8295 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 Jesse Gloria Estimator (909) 946-0905 (951)453-9879 (760) 646.9559 Estimating JOE CLAVEAU Manager (909) 946-0905 (951) 232-4475 (951) 902-2251 AERIAL DIVISION EMPLOYEE TITLE OFFICE PH. CELL PH. HOME PH: JIM SCOTT Super. (909) 946-0905 (909) 841-8660 (805) 654-1905 SPLICING DIVISION Shan Gary Fiber Splicing Supervisor (909) 841-8646 ROB OPDYKE VICE PRESIDENT/TECHNICALADVISOR (909)841-7432 CONSTRUCT/ON SERVICES AT ITS FINESTI 1921 W. 11th Street Upland, CA 91786 Office#(909)946-0905 Fax#(909)946-0924 Primary Contact for all functions Object Object Detailed Number Name Description _ Amount 500173 Transport Services - Telecommunication Telecom Transport Service (Level 3 Qwest, Arin, etc.) - 520000 Department Supplies and Services Miscellaneous Supplies - 530010 In -Lieu Taxes In -Lieu Taxes - 530030 Bad Debt Expense Uncollectible Accounts - 530040 Depreciation Expense Estimated Depreciation per Masami 100,000 550000 Advertising Public Information and Mail Outs - 560000 Utilities, and Communications Phones, etc - 580000 Auto Allowance - 570000 Vehicle Expense - 590000 Equipment Maintenance Miscellaneous Maintenance - 596200 Profesional Services - Other Verizon Contract NO.0 Management - Internet Help Desk & ISP Services VCI, r O ti giSiA P cs Attntenat*arrfiract ,,.. 75000 596500 Travel, Meetings, and Memberships Detail in back page - 596600 Publications and Training Detail in back page 0 Total:___ 175000 Page 1 of 1 INTEROFFICE �sf ilk 13 _Y\Qq,q, Aa\^,u s kA . XT, MEMORANDUM Light & Power Department DATE: November 9, 2009 TO: Donal O'Callaghan, Director of Light & Power FROM: Ali Nour, Engineering Manager SUBJECT: VCI TELECOM, INC. -Maintenance Agreement Extension Resolution 7854 — Amendment No. 8 The Department of Light & Power Engineering Division requests your authorization to amend the existing agreement with VCI Telcom, Inc. covering maintenance and emergency restoration services on the City's fiber optic network system.; The amendment would cover extending the time of performance for one additional year on as -needed basis for a not -to -exceed $75,000. VCI Telcom, Inc. has submitted a Letter of Interest dated 11/2/2009 (see attached) in renewing the annual Maintenance Agreement with no changes in the terms of the agreement. The Maintenance Agreement covers planned cable moves from one utility pole to another and emergency restoration activities such as a car -hit -pole or other accidents creating a cable cut or transfer of cable due to utility pole replacements. VCI Telecom, Inc. has been providing the City with these services on our fiber optic network for the past seven years. The existing annual Maintenance Agreement was established seven years ago with a not -to -exceed annual total expenditure of $75,000. Last year, the total expenditure on maintenance activities was $20,000.00. Since there are no changes in the existing agreement I recommend amending the existing agreement for Amendment No. 8 to extend the services for 12 months from December 18, 2009 through December 17, 2010. Should you need additional information, please let me know. CC: City Attorney Document Control Document Control — VCI 2009/10 Maintenance Contract NOV 3 1 2009 BY: 8 :10 CITY ATTORNEY'S OFFICE MEMORANDUM TO: Donal O'Callaghan, City Administrator FROM: Diana H. Varat, Assistant City Attorney cc: Laurence S. Wiener, City Attorney Gena M. Stinnett, Assistant City Attorney Marianne Vazquez, Department of Light & Power Ali Nour, Department of Light & Power DATE: November 19, 2009 sUBJECr: Amendment No. 8 to the Agreement with VCI Telcom, Inc. - Approved as to Form The City Attorney's office has drafted Amendment No. 8 to the Agreement with VCI Telcom, Inc., and approved it as to form. 12720-000711188608v1.doc Clear Day Page 1 of 1 Romero, Chris From: Nour, Ali Sent: Monday, November 16, 2009 1.36 PM To: Romero, Chris Subject: FW: VCI TELECOM, INC Attachments: vci.pdf FYI From: Vazquez, Marianne Sent: Monday, November 16, 2009 12:07 PM To: 'Iwiener@rwgiaw.com' Cc: Nour, Ali Subject: VCI TELECOM, INC Per Donal, please review and approve to form. Thank you. .`Marianne Vazquez Secretary to tfie DirectorofLi& cZTower City of Vernon 323 583-8811 ext. 206 S 11/18/2009