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RPVCCA_CC_SR_2012_09_18_D_Amendment_To_Agreement_Aegis_ITSCrrvOF MEMORANDUM TO: FROM: HONORABLE MAYOR &CITY COUNCIL MEMBERS JAMES HENDRICKSON,INTERIM DIRECTOR OF PUBLIC WORKS DATE: SUBJECT: SEPTEMBER 18,2012 AUTHO~ZEANAMENDMENTTOTHEAGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND AEGIS,ITS (~' REVIEWED:CAROLYN LEHR,CITY MANAGER QY-. Project Manager:Nicole Jules,Senior En g ineer1'\<6 RECOMMENDATION Authorize the Mayor and City Clerk to execute the Second Amendment to the Agreement between the City of Rancho Palos Verdes and Aegis,ITS,formerly Econolite Traffic Engineering and Maintenance,Inc.allowing an extension to the term of the agreement to June 30,2013. BACKGROUND/DISCUSSION Aegis,ITS performs traffic signal maintenance services on the City's traffic signals and control devices.In June,2009,the City awarded a contract to Econolite Traffic Engineering and Maintenance,Inc..In March 2012,the City Council approved the first amendment to the contract,authorizing a name change to Aegis,ITS.The original contract has an initial term of three years with the possibility of three (3)one-year extensions.The original term of the contract expired June 30,2012. Aegis,ITS has performed signal maintenance services to the City's satisfaction for the past three years.Due to the superior service provided by Aegis,ITS,it is recommended that a one-year extension is granted in accordance with the approved agreement on file. FISCAL IMPACT Adopting staff's recommendation will not result in an impact to the FY 2012-2013 D-1 budget.Funding for traffic signal maintenance is included in the Traffic Maintenance Program of the adopted FY 2012-2013 budget. Attachments: •First Amendment to Agreement between the City of Rancho Palos Verdes and Econolite Traffic Engineering and Maintenance,Inc. •Second Amendment to Agreement between the City of Rancho Palos Verdes and Aegis,ITS D-2 First Amendment to Agreement between the City of Rancho Palos Verdes and Econolite Traffic Engineering and Maintenance,Inc. This agreement is an amendment to the Traffic Signal Maintenance Fiscal Years 2009 -2010,2010 -2011,2011 -2012 agreement between the City of Rancho Palos Verdes ("Citytl)and Econolite Traffic Engineering and Maintenance,Inc.("Contractor"), dated July 1,2009 ("Agreement").This amendment to the Agreement Is effective as of March 20,2012 and Is being made to change the name of the Contractor upon its request Section 1.The Introductory paragraph of the Agreement is hereby amended to read as follows: "this Agreement is made and entered this 1st day of July,2009,by and between the City of Rancho Palos Verdes (hereinafter referred to as "City")and Aegis ITS,Inc., an Econolite Group Company (hereinafter referred to as "Contractor")." Section 2.The Contractor's address for purposes of notice,which Is set forth In Section 13 of the Agreement,is hereby amended to read as follows: "Aegis ITS,Inc.,an Econolite Group Company 3360 E.La Palma Avenue Anaheim,California 92806-2856" Section 3.The signature box of the Agreement shall remain the same,and all signatures shall remain valid and binding,except that the Contractor's name is hereby amended to "Aegis ITS,Inc.,an Econollte Group Company." Section 4.The signature box of exhibit MF":Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution shall remain the same,and all signatures shall remain valid and binding,except that the Contractor's name,written twice,is hereby amended to IlAegis ITS,Inc.,an Econolite Group Company" Section 5.Except as expressly amended by this amendment to the Agreement,all of the other provisions of the Agreement,including any Incorporated documents,shall remain In full force and effect as written In the Agreement. [Signatures continued on next page.] R6876-0001\1349509v1.doc D-3 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. Aegis ITS,Inc.,an Econolite Group Company ("Contractor") Signature:~;=:?:s= Printed Name:It)""(lYlA -th.~, Title:_.....JIoool::..=..;~_ The City of Rancho Palos Verdes ("City") By:__---:~-----__ Mayor ATTEST: By:_ City Clerk R6876-0001\1349509v1.doc D-4 Second Amendment to Agreement between the City of Rancho Palos Verdes and Aegis ITS,Inc. This agreement is an amendment ("Amendment")to the traffic signal maintenance agreement between the City of Rancho Palos Verdes ("CITY")and Aegis ITS,Inc. ("CONTRACTOR"),dated July 1,2009 ("Agreement").This Amendment is effective as of September 19,2012 and is being made to extend the term of the Agreement for one year. Section 1.Section 2 of the Agreement is hereby amended to read as follows: "This Agreement shall commence on September 19,2012 and shall terminate on June 30,2013,unless sooner terminated pursuant to Article 4 of this Agreement. Additionqlly,there shall be two (2)one-year options to renew the Agreement with the mutual written consent of both parties." Section 2.Except as expressly amended by this amendment to the Agreement,all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the date and year first above written. Dated:_AEGIS ITS,INC. ("CONTRACTOR") By:_ Printed Name:--------- Title:_ By:_ Printed Name:--------- Title:------------ [Signatures continued on next page.] R6876-0001\1349509v1.doc D-5 ATTEST: By:_ City Clerk R6876-0001\1349509v1.doc CITY OF RANCHO PALOS VERDES ("CITY") By:_ Mayor D-6