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Home My WebLink AboutC-2984 0 z t1 \\M AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR RADIO COMMUNICATIONS SERVICES WITH U.S. MOBILE COMMUNICATIONS, INC. (DAY WIRELESS SYSTEMS) This Amendment No. 3 ("Amendment No. 3") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and U.S. Mobile Communications, Inc. (Day Wireless Systems), a California Corporation, with respect to that certain Professional Services Agreement between the parties dated July 8, 2015 (the "Agreement"), as amended by Amendment No. 1, dated June 12, 2018, and further amended by Amendment No. 2, dated June 28, 2019. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is amended by extending the term from July 1, 2020 through June 30, 2021 (the "Extended Term"). 2. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit "C". 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA U.S. MOBILE WIRELESS COMMUNICATIONS SERVICES, INC. (DAY WIRELESS SYSTEMS) .tet Dominic Lazzareft• Gordon Day, President City Manager Date: 7— 9 - 20 ATTEST: C"di - Noy Brooke Wheeler, Treasurer City Clerk Date: 7/"i 126 APROVED AS TO FORM: g`F44„, n 4 ,4 CONCUR: Stephen P. Deitsch City Attorney Ro•-rt Guthr -, Chief of Police 1 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the period from July 1, 2020, through June 30, 2021, shall not exceed a total sum of Forty-Five Thousand Dollars and Zero Cents ($45,000.00). The labor rates shall be according to those listed in the renewal price letter, dated March 10, 2020. 2 di r f ...�.....,..... C ...' a WIRELESS SYSTEMS YOUR FULL SOLUTIONS WIRELESS PARTNER March 10, 2020 To Whom It May Concern, Day Wireless Systems is pleased to provide the City of Arcadia the following pricing to be applicable to the third of three eligible contract extensions for Professional Services Agreement Regarding Radio Communications Services. The renewal pricing below is reflective of a 4% labor rate increase from the original Agreement. Day Management Corp. dba Day Wireless Systems Billing Rates for Radio Communications Services — - T RF Tech I Installer Tower f Network -_ (RF 1 (MDT/Radio Climber Administrator Troubleshooting) i Install (Tower Work) (Networking) Regular Rate $78,00 er hour $78.00 I $117.00 $78.00 ? Over-time Rate 1 $117.00 $117.00 $175.50 $117.00 '..__..._ per hour_____(. __ _ Jared Duchow Service Manager 1801 W. Burbank Blvd., Burbank,CA 91506 la 818357.7390 Tu7 www.daywireless.com Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday, July 21, 2020 11:04 AM To: Rachelle Arellano Subject: RE: City Attorney Review Folder 7-21-2020 Rachelle, I have reviewed and approve as to form Amendment No. 3 to the PSA with U.S. Mobile Communications re: radio communications services. Please use my stamped signature for this purpose. Thanks. Steve _ Stephen Deitsch • Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com BB&K eCommunications changed July 1.Subscribe for Legal Alerts,Webinar invitations and more! Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents(including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular moil or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, July 21, 2020 10:18 AM To: Stephen P. Deitsch Cc: City Attorney Subject: City Attorney Review Folder 7-21-2020 EXTERNAL SENpER. Hi Steve, Attached is a folder with the following items for your review: 1. Covenant— 1225 Holly Avenue - Planning 2. Amendment No. 3 — PSA for Radio Communications — PD 3. Amendment No. 17 — PSNET Public Safety System Project- PD 4. PSA— Senior Meals —Trio Community Meals — RCSD Thank you, 1 1(00--7D C-29Z9 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR RADIO COMMUNICATIONS SERVICES WITH U.S. MOBILE COMMUNICATIONS, INC. (DAY WIRELESS SYSTEMS) This Amendment No. 2 ("Amendment No. 2") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and U.S. Mobile Communications, Inc. (Day Wireless Systems), a California Corporation, with respect to that certain Professional Services Agreement between the parties dated July 8, 2015 (the "Agreement"), as amended by Amendment No. 1, dated June 12, 2018. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is amended by extending the term from July 1, 2019 through June 30, 2020 (the "Extended Term"). 2. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit"C". 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA U.S. MOBILE WIRELESS COMMUNICATIONS SERVICES, INC. (DAY WIRELESS SYSTEMS) Do 0- Lazza Gordon Day, President City Manager Date: 6— 2$ % ATT ST: t '1 LaidtrK) .� ` 7 ,ad °.4 I Je ica Jackson, lr asurer Cid . 'erk _ ty[Th/ } Date: APROVED AS TO FORM: CONCUR: g-t4;,./1474..'() 4—e Ltue Stephen P. Deitsch City Attorney Robe Guthrie, Chief of Police 1 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the period from July 1, 2019, through June 30, 2020, shall not exceed a total sum of Forty-Five Thousand Dollars and Zero Cents ($45,000.00). The City shall issue an Open Purchase Order in the amount of Forty-Five Thousand Dollars and Zero Cents ($45,000.00), which is to be used on an as- needed basis. All rates shall be in accordance with those listed in Exhibit C of the original 2015 Agreement, as shown in the following attachment. 2 Exhibit "C" COMPENSATION U.S. Mobile Wireless Communications, Inc. (Day Wireless Systems) Billing Rates for Radio Communications Services RF Tech Installer ' Network (RF (MDT/Radio Tower Climber Administrator , Troubleshooting) Install) (Tower Work) (Networking) Regular $75.00 $75.00 $112.50 $75.00 Rate per hour Over-time $112.50 $112.50 $168.75 $112.50 Rate per hour Rates for Radio Communications services are listed in the above matrix: RF Tech $75.00 per hour, Installer $75.00 per hour, Tower Climber $112.50 per hour, and Network Administrator $75.00 per hour. Normal work hours are Monday through Sunday: 8am — 5pm. Saturdays and Sundays are normal operating days for the Arcadia Police Department. Overtime will be paid at a rate of 1.5 times the hourly rate for hours above forty (40) hours per week or in compliance with the City's current overtime policy. The City's overtime policy states that employees are eligible for overtime when hours worked exceed eight (8) hours per day or forty (40) hours per week. In the event of service requests outside of the normal operating hours of 8am-5pm, hours worked will be paid at a rate of 1.5 times the hourly rate. Holidays will be paid at a rate of 1.5 times the hourly rate, per the City's overtime policy. Any overtime must be approved by the Chief of Police, or his or her designee, prior to the hours being worked. All requests for services shall be on an as-needed basis. 3 akth AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR RADIO COMMUNICATIONS SERVICES WITH U.S. MOBILE COMMUNICATIONS, INC. (DAY WIRELESS SYSTEMS) This Amendment No. 1 ("Amendment No. 1") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and U.S. Mobile Communications, Inc. (Day Wireless Systems), a California Corporation, with respect to that certain Professional Services Agreement between the parties dated July 8, 2015 ("Agreement"). The Parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending the term to July 1, 2018, through June 30, 2019 ("Extended Term"). 2. Section 3.3.1 of the Agreement is amended to provide that for the Extended Term of July 1, 2018, through June 30, 2019, the City agrees to pay Day Wireless Systems a total sum not to exceed forty-five thousand dollars and zero cents ($45,000.00) as referenced in the attached "Exhibit C". 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA U.S. MOBILE WIRELESS COMMUNICATIONS SERVICES, INC. (DAY WIRELESS SYSTEMS) . V4t-c*qUia: Dominic Lazzare Gordon Day, President r City Manager Date: £- i L-' ATTEST: -1.1_ 4, , ZfrOtg(?'(/ City,Clerk 4 rooke Wheeler, Treasurer APPROVED AS TO FORM: Date: r411 lig CONCUR: 1)-04-1-4, Stephen P. Deitsch City Attorney Robe' Guthrie, hief of Police 1 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the period from July 1, 2018, through June 30, 2019, shall not exceed a total sum of forty-five thousand dollars and zero cents ($45,000.00). 2