HomeMy WebLinkAbout2008-174
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RESOLUTION NO. 2008-174
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $110,000 WITH TWO
(2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND FLUORESCO LIGHTING & SIGNS FOR STREETLIGHT
MAINTENANCE SERVICES.
WHEREAS, Fluoresco Lighting & Signs submitted the lowest bid for streetlight
maintenance services per Bid Specification RFQ-F-08-19;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute on behalf
of said City a Vendor Service Agreement between the City of San Bernardino and
Fluoresco Lighting & Signs, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. That pursuant to this determination, the Director of Finance or
hislher designee is hereby authorized to issue an annual purchase order to Fluoresco
Lighting & Signs, for a total amount of $110,000. The Purchase Order shall reference
this Resolution No. 2008- 174
and shall read, "Fluoresco Lighting & Signs for
streetlight maintenance services. P.O. No.
, not to exceed $110,000" and
shall incorporate the terms and conditions of the Agreement.
SECTION 3. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this resolution.
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2008-174
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $110,000 WITH TWO
3 (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
SAN BERNARDINO AND FLUORESCO LIGHTING & SIGNS FOR STREETLIGHT
4 MAINTENANCE SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ;oint regular
meeting thereof, held on the
2nd
, 2008, by the
day of
June
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
Q~i:J.~
Rac'nel G. Clark, City Clerk
The foregoing resolution is
June ,2008.
hereby approved this
~nf
day of
Pa ick J. Morris, or
y of San Bernardino
Approved as to Form:
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2008-174
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of June 2008, by and
between Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
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WITNESSETH:
WHEREAS,,fue Mayor and Common Council has determined that it is advantageous
and in the best inti;fest of the CITY to contract for streetlight maintenance services; and
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WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for streetlight maintenance services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR for streetlight maintenance services for all CITY streetlights as set forth in its
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proposal dated April 28, 2008, attached hereto, marked Exhibit "1" and incorporated herein by
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this reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR, up to $110,000 for the initial term from July 1, 2008 through
June 30, 2009 and up to $110,000 for each additional term.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this agreement shall be from July I, 2008 through June 30, 2009, with three
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(3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
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July 1, 2009 through June 30,2010. Option year two, if exercised, shall be effective July 1,
EXHIBIT" A"
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2008-174
2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1, 2011
through June 30, 2012.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY. ;.:
CITY agr~es to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
EXHIBIT "A"
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2008-174
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not ,:i:ngage in, nor permit its officers, employees or agents to engage in,
discrimination in ymployment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
EXHIBIT "A"
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2008-174
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
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TO THE VENDOR:
Fluoresco Lighting & Signs
2778 Pomona Blvd.
Pomona, CA 91768
Telephone: (909) 592-0870
Contact: Bryce Pennington
9. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law asSign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encurnbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
EXHIBIT "A"
2008-174
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State o~alifornia or the U.S. District Court for the Central District of California,
Riverside Divisign. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsions.
15. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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EXHIBIT" A"
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2008-174
VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 7- ,2008
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Dated ~.~ ,2008
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""Ur'
Its: SEc(lE'T"~ J TJl€f1sullf.L
I
ERNARDINO
By:
Fr
Approved as to Form:
?--~
es F. Penman, City Attorney
EXHIBIT" A"
2008-174
EXHIBIT "1"
COpy
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
RFQ F-08-19 (RE-BID)
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Streetlight Maintenance Services Contract
F/i1ole 5eo Lrr4f,"j,. r S/945
J. 77?f Po;A1o/Jt:f 7J11ld.
Por41OriC-t, cf!! 1/76 f:i
BIDDER'S NAME/ADDRESS:
r
NAMEfTELEPHONE NO. OF /J /
AUTHORIZED REPRESENTATIVE /Sf YCe 11:I'?I?//1lJroA
, '"
10q - SCfA. - 0 rt70
ITEM: HOURLY RATE:
1. General Maintenance & Repair
$ 7<6 O{}/I//":
$ 7foo/ Hr.
$ 31.00//{r.
2. Additional Service & Repair
3. Monthly Night Inspections
4. Extra Work (use extra sheet(s) if necessary)
a) Employee Class J"urnt'v;,o,c.Jo1 (3./eclrlc.t4"
/
JOu.r ltey ""'''''' Line,.,.."
benel"Ct I L",6onr
b) Specialized Equipment - C.ralle..
c) Materials
5. Base Replacement $ vI ') . 00
1 - 5 Bases l) .,(
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6 -10 Bases $ 8/'1..00
11-15 Bases $ 7JI.OO
16 - 20 Bases $ 6 q<;: 00
6. Emergency Service/Parts & Materials
Percent Above Invoice
I~ %
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ANNUAL PURCHASE ORDER
Effective on or about July 1, 2008 through June 30, 2009, plus three-(3) single year renewal
options, for the City's full or partial requirements on an as needed basis, with no guaranteed
usage.
Ootion vear one, if exercised shall be effective July 1 , 2009 through June 30, 2010.
Ootion vear two, if exercised shall be effective July 1, 2010 through June 30, 2011.
Ootion vear three, if exercised shall be effective July 1, 2011 through June 30, 2012.
Actual option year pricing shall be negotiated with the successful Proposer(s) prior to
exercising any given option year. Option years shall become effective only upon
issuance by the City of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by your
~ in order to meet the requirements of the Technical Specifications? Yes I
~ (circle one). If you answered "Yes', please provide detail of said additional
costs:
Please indicate any elements of the Technical Specifications that cannot be met
by your firm. .11
I 'one
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2008-174
Have you included in your bid all informational items and forms as reqUested?@i)
I No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
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Terms and conditioKs as set forth in this RFQ apply to this bid.
Cash discount allOwable %
are: Net thirty (30) days.
days; unless otherwise stated, payment terms
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda waslwere received.
Verification of Addenda Received
Addenda No: I
Addenda No:
Addenda No:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: fJe/1I'1;A 0/1
(J/'iAl7c,h /l1PrJager
DATE SIGNED: ij -:2 go- - 0 g'
FI.'o/'t:uo i'9A-li"!l ~ s'"9'''s
COMPANY NAME & ADDRESS: :177q h,.nMt'II 13'.rJ.. fJ~~c4a, c.;1 eN7(;&,
PHONE:909-S',/)-Og70 FAX: QOQ-5'1)- O'(q'S
EMAIL: .b~IJ/li,INIff)f/lb/e5tO. u,)r'1"1
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