HomeMy WebLinkAbout56-Public Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
Amendment NO.2 to the Agreement and
an increase to Purchase Order Number
302232 by an additional $32,400 to
Fluoresco Lighting & Signs for additional
streetlight maintenance services.
From: Ken Fischer, Director
Date: June 11, 2009
Meeting Date: June 15, 2009
Synopsis of Previous Council Action:
November 3, 2008 - Resolution 2008-418, the Mayor and Common Council authorized
Amendment NO.1 to the Vendor Service Agreement and increased Purchase Order No.
302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance services.
June 2, 2008 - Resolution 2008-174, the Mayor and Common Council authorized a
Purchase Order in the amount of $110,000 with two (2) one-year extensions to
Fluoresco Lighting & Signs for streetlight maintenance services.
Recommended Motion:
Adopt Resolution.
~~~
....
Contact person: Ken Fischer, Director Phone:
5140
Supporting data attached: Ward:
Staff Report, Resolution, Amendment NO.2
to the Vendor Service Agreement and
Attachment "1"
All
Source:
$32,400
FY 08-09
001-409-5502
(Professional/Contractual
Services)
FUNDING REQUIREMENTS: Amount:
Finance:
Council Notes:
Agenda Item No.
5'lP
u,I'S"-O"-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of Amendment NO.2 to the Agreement and an increase to Purchase Order Number
302232 by an additional $32,400 to Fluoresco Lighting & Signs for additional streetlight
maintenance services.
Background:
Fluoresco Lighting & Signs has been handling routine streetlight repair services Citywide.
Routine work has included replacement of bulbs, sensors, lenses and fuses. These are
usually the cause of most light outages.
On November 3, 2008, per Resolution 2008-418, the Mayor and Common Council approved
the increase authorizing the approval of Amendment No. 1 to the Vendor Service Agreement
and increase to Purchase Order Number 302232 by $110,000 for as total amount of $220,000
to Fluoresco Lighting & Signs for streetlight maintenance services.
Since then, Fluoresco Lighting & Signs has been maintaining the lights in the ball fields, which
has increased our costs by approximately $32,400. This amount is needed to fully fund
streetlight maintenance services for the remainder of FY 08-09. However, the Finance
Department is going to process a Journal Voucher (JV) and remove the charges out of the
General Fund and into the Soccer Complex and Arrowhead Credit Union Park, approximately
$5,000 and $12,500 respectively, which will free up $17,500 in our 001-409-5502 account.
Staff has identified the additional $15,000 needed in its FY 08-09 operating budget and will be
requesting a budget amendment use those funds for the PO increase.
Fluoresco has played a support role with non-routine work by providing technical assistance
and repairs as necessary.
Staff recommends that the Mayor and Common Council authorize the execution of
Amendment NO.2 to the Agreement and an increase to Purchase Order Number 302232 by
an additional $32,400 for streetlight maintenance services for a total not to exceed $252,400.
Financial Impact:
Funds are available for this increase in the FY 08-09 Account Number 001-409-5502
(Professional/Contractual Services) in the amount of $32,400.
Recommendation:
Adopt Resolution.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO
THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 302232
4 BY AN ADDITIONAL $32,400 TO FLUORESCO LiGHTING & SIGNS FOR
ADDITIONAL STREETLIGHT MAINTENANCE SERVICES.
5
WHEREAS, the current Purchase Order of $220,000 needs to be increased by
6
7 $32,400 for a total Purchase Order amount of $252,400 to cover increased costs of
8 streetlight maintenance services in FY 08-09.
9
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
10 OF SAN BERNARDINO AS FOLLOWS:
11
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment to the Agreement between
attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
16 though set forth at length.
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SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to increase Purchase Order Number 302232 by
$32,400 to Fluoresco Lighting & Signs for a total amount not to exceed $252,400.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Fluoresco Lighting & Signs for additional streetlight maintenance services.
Agreement not to exceed $252,400" and shall incorporate the terms and conditions of
the agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order increase and Amendment is rescinded if it is not executed by both parties within
sixty (60) days of the passage of this resolution.
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO
2 THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 302232
3 BY AN ADDITIONAL $32,400 TO FLUORESCOLlGHTING & SIGNS FOR
ADDITIONAL STREETLIGHT MAINTENANCE SERVICES.
4
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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
meeting thereof, held on the
day of
, 2009, by the
8 following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
10 ESTRADA
11
12
13
14 SHORETT
15
16
17
18
19
20
BAXTER
BRINKER
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
21
The foregoing resolution is hereby approved this
,2009.
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Approved as to Form:
25
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27
28
Patrick J. Morris, Mayor
By:
James F. Penman
City Attorney
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 15th day of June 2009, by and between
Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. On November 3, 2008, per Resolution 2008-418, the Mayor and Common
Council approved the increase authorizing the approval of Amendment No. I to
the Vendor Service Agreement and increase to Purchase Order Number 302232
by $110,000 for as total amount of $220,000 to Fluoresco Lighting & Signs for
streetlight maintenance services ("Agreement"), a copy of which is attached
hereto as Attachment "1" and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by an additional $32,400 for a total not to exceed
$252,400 for FY 08-09.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $220,000 and adding
the term $252,400 for FY 08-09.
2. All other provisions of the written contract are reaffirmed as originally stated.
Exhibit "A"
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
Fluoresco Lighting & Signs
By:
Dated:
,2009
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
Exhibit "A"
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 15th day of June 2009, by and between
Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. On November 3, 2008, per Resolution 2008-418, the Mayor and Common
Council approved the increase authorizing the approval of Amendment No. I to
the Vendor Service Agreement and increase to Purchase Order Number 302232
by $110,000 for as total amount of $220,000 to Fluoresco Lighting & Signs for
streetlight maintenance services ("Agreement"), a copy of which is attached
hereto as Attachment" 1 " and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by an additional $32,400 for a total not to exceed
$252,400 for FY 08-09.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $220,000 and adding
the term $252,400 for FY 08-09.
2. All other provisions of the written contract are reaffirmed as originally stated.
I
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
Fluoresco Lighting & Signs
By:
Dated:
,2009
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
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2008-418
ATTACHMENT "I"
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 3rd day of November 2008, by and
between Fluoresco Lighting & Signs ("VENDOR") and the City of San
Bernardino ("CITY'; or "San Bernardino").
RECITALS
A. On June 2, 2008, per Resolution 2008-174, the Mayor and Common Council
authorized 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 Cjty of San Bernardino and Fluoresco Lighting & Signs for
streetlight maintenance services.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by an additional $110,000 for a total not-to-exceed
$220,000 with two (2) one-year extensions at the City's option between the City
of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance
serYIces.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
Increase Purchase Order Number 302232 by an additional $110,000 for a total
not-to-exceed $220,000 for FY 08-09 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.
The other provisions of the written contract are reaffirmed as originally stated.
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2008-418
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
1/40
[
,2008
Dated: 1uv s--: 2008
BERNARDINO
By:
ATTEST:
~h.~
Rachel Clark, City Clerk.
Approved as to form:
James F. Penman, City Attorney
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
Amendment NO.2 to the Agreement and
an increase to Purchase Order Number
302232 by an additional $32,400 to
Fluoresco Lighting & Signs for additional
streetlight maintenance services.
From: Ken Fischer, Director
Date: June 11, 2009
Meeting Date: June 15, 2009
Synopsis of Previous Council Action:
November 3, 2008 - Resolution 2008-418, the Mayor and Common Council authorized
Amendment NO.1 to the Vendor Service Agreement and increased Purchase Order No.
302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance services.
June 2, 2008 - Resolution 2008-174, the Mayor and Common Council authorized a
Purchase Order in the amount of $110,000 with two (2) one-year extensions to
Fluoresco Lighting & Signs for streetlight maintenance services.
Recommended Motion:
Adopt Resolution.
~~~
....
Contact person: Ken Fischer, Director Phone:
5140
Supporting data attached: Ward:
Staff Report, Resolution, Amendment NO.2
to the Vendor Service Agreement and
Attachment "1"
All
Source:
$32,400
FY 08-09
001-409-5502
(Professional/Contractual
Services)
FUNDING REQUIREMENTS: Amount:
Finance:
Council Notes:
Agenda Item No.
5'lP
u,I'S"-O"-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of Amendment NO.2 to the Agreement and an increase to Purchase Order Number
302232 by an additional $32,400 to Fluoresco Lighting & Signs for additional streetlight
maintenance services.
Background:
Fluoresco Lighting & Signs has been handling routine streetlight repair services Citywide.
Routine work has included replacement of bulbs, sensors, lenses and fuses. These are
usually the cause of most light outages.
On November 3, 2008, per Resolution 2008-418, the Mayor and Common Council approved
the increase authorizing the approval of Amendment No. 1 to the Vendor Service Agreement
and increase to Purchase Order Number 302232 by $110,000 for as total amount of $220,000
to Fluoresco Lighting & Signs for streetlight maintenance services.
Since then, Fluoresco Lighting & Signs has been maintaining the lights in the ball fields, which
has increased our costs by approximately $32,400. This amount is needed to fully fund
streetlight maintenance services for the remainder of FY 08-09. However, the Finance
Department is going to process a Journal Voucher (JV) and remove the charges out of the
General Fund and into the Soccer Complex and Arrowhead Credit Union Park, approximately
$5,000 and $12,500 respectively, which will free up $17,500 in our 001-409-5502 account.
Staff has identified the additional $15,000 needed in its FY 08-09 operating budget and will be
requesting a budget amendment use those funds for the PO increase.
Fluoresco has played a support role with non-routine work by providing technical assistance
and repairs as necessary.
Staff recommends that the Mayor and Common Council authorize the execution of
Amendment NO.2 to the Agreement and an increase to Purchase Order Number 302232 by
an additional $32,400 for streetlight maintenance services for a total not to exceed $252,400.
Financial Impact:
Funds are available for this increase in the FY 08-09 Account Number 001-409-5502
(Professional/Contractual Services) in the amount of $32,400.
Recommendation:
Adopt Resolution.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO
THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 302232
4 BY AN ADDITIONAL $32,400 TO FLUORESCO LiGHTING & SIGNS FOR
ADDITIONAL STREETLIGHT MAINTENANCE SERVICES.
5
WHEREAS, the current Purchase Order of $220,000 needs to be increased by
6
7 $32,400 for a total Purchase Order amount of $252,400 to cover increased costs of
8 streetlight maintenance services in FY 08-09.
9
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
10 OF SAN BERNARDINO AS FOLLOWS:
11
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment to the Agreement between
attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
16 though set forth at length.
17
18
19
20
21
22
23
24
25
26
27
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SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to increase Purchase Order Number 302232 by
$32,400 to Fluoresco Lighting & Signs for a total amount not to exceed $252,400.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Fluoresco Lighting & Signs for additional streetlight maintenance services.
Agreement not to exceed $252,400" and shall incorporate the terms and conditions of
the agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order increase and Amendment is rescinded if it is not executed by both parties within
sixty (60) days of the passage of this resolution.
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO
2 THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 302232
3 BY AN ADDITIONAL $32,400 TO FLUORESCOLlGHTING & SIGNS FOR
ADDITIONAL STREETLIGHT MAINTENANCE SERVICES.
4
5
6
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2009, by the
8 following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
10 ESTRADA
11
12
13
14 SHORETT
15
16
17
18
19
20
BAXTER
BRINKER
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
21
The foregoing resolution is hereby approved this
,2009.
22
23
24
Approved as to Form:
25
26
27
28
Patrick J. Morris, Mayor
By:
James F. Penman
City Attorney
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 15th day of June 2009, by and between
Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. On November 3, 2008, per Resolution 2008-418, the Mayor and Common
Council approved the increase authorizing the approval of Amendment No. I to
the Vendor Service Agreement and increase to Purchase Order Number 302232
by $110,000 for as total amount of $220,000 to Fluoresco Lighting & Signs for
streetlight maintenance services ("Agreement"), a copy of which is attached
hereto as Attachment "1" and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by an additional $32,400 for a total not to exceed
$252,400 for FY 08-09.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $220,000 and adding
the term $252,400 for FY 08-09.
2. All other provisions of the written contract are reaffirmed as originally stated.
Exhibit "A"
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
Fluoresco Lighting & Signs
By:
Dated:
,2009
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
Exhibit "A"
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 15th day of June 2009, by and between
Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. On November 3, 2008, per Resolution 2008-418, the Mayor and Common
Council approved the increase authorizing the approval of Amendment No. I to
the Vendor Service Agreement and increase to Purchase Order Number 302232
by $110,000 for as total amount of $220,000 to Fluoresco Lighting & Signs for
streetlight maintenance services ("Agreement"), a copy of which is attached
hereto as Attachment" 1 " and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by an additional $32,400 for a total not to exceed
$252,400 for FY 08-09.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $220,000 and adding
the term $252,400 for FY 08-09.
2. All other provisions of the written contract are reaffirmed as originally stated.
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AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
Fluoresco Lighting & Signs
By:
Dated:
,2009
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
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2008-418
ATTACHMENT "I"
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 3rd day of November 2008, by and
between Fluoresco Lighting & Signs ("VENDOR") and the City of San
Bernardino ("CITY'; or "San Bernardino").
RECITALS
A. On June 2, 2008, per Resolution 2008-174, the Mayor and Common Council
authorized 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 Cjty of San Bernardino and Fluoresco Lighting & Signs for
streetlight maintenance services.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by an additional $110,000 for a total not-to-exceed
$220,000 with two (2) one-year extensions at the City's option between the City
of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance
serYIces.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
Increase Purchase Order Number 302232 by an additional $110,000 for a total
not-to-exceed $220,000 for FY 08-09 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.
The other provisions of the written contract are reaffirmed as originally stated.
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2008-418
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
1/40
[
,2008
Dated: 1uv s--: 2008
BERNARDINO
By:
ATTEST:
~h.~
Rachel Clark, City Clerk.
Approved as to form:
James F. Penman, City Attorney
2
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution of the Mayor and
Common Council of the City of San
Bemardino authorizing the approval of
Amendment No, 1 to the Vendor Service
Agreement and increase to Purchase
Order Number 302232 by $110,000 to
Fluoresco Lighting & Signs for streetlight
maintenance services,
Dept: Public Services
Date: October 24, 2008
Meeting Date: November 3. 2008
Synopsis of Previous Council ActIon:
June 2, 2008- Resolution 2008-174. the Mayor a Common Council authorized a
Purchase Order in the amount of $110,000 with two (2) one-year extensions to
Fluoresco lighting & Signs for streetlight maintenance services,
Recommen4ed Motion:
1) Adopt Resolution,
Contact person: Ken Fischer, Director
Phone:
5140
Supporting data attached:
Staff Report, Resolution, and Amendment
No,1 to the Vendor Service Agreement
Ward:
All
FUNDING REQUIREMENTS:
Amount: $110,000
Source: . FY 08-09
001-409-5502
Professional Contractual
Services
Finance:
Council Notes:
Agenda Item NO.-.1..I
II-I"oe
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject .
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
approval of Amendment No. 1 to the Vendor Service Agreement and increase to Purchase
Order Number 302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance
services.
Background:
On April 28, 2008, a formal bid process was initiated per bid specification RFQ-F-08-19 and
Fluoresco Lighting & Signs was the lowest qualified bid, On June 2, 2008, per Resolution
2008-174, the Mayor and Common Council authorized the execution of an agreement and
issuance of a purchase order for FY 08-09 in the amount of $110,000 with two (2) one-year
extensions at the City's option between the City of San Bemardino and Fluoresco Lighting &
Signs for streetlight maintenance services. The City and the vendor now desire to alter the
Agreement to increase the amount of the Agreement by an additional $110,000 for a total not
to exceed $220,000 with two (2) one-year extensions at the City's option,
Fluoresco Lighting & Signs has been handling routine streetlight repair services Citywide,
Routine work has included replacement of bulbs, sensors, lenses and fuses. These are
usually the cause of most light outages. This has allowed our electricians to handle non-
routine work, such as pulling new wire, transformer repair/replacement and setting new poles.
Fluoresco has played a support role with non-routine work by providing technical assistance
and repairs as necessary.
At the conclusion of the General Fund Budget deliberations, the Common Council approved
the contracting out of all streetlight repair services as a cost saving measure. This decision
resulted in the deletion of three electrician positions and the addition of $110,000 to the
streetlight maintenance section budget for contract meintenance services. Since this decision
required contracting work not now contracted it was necessary to meet and confer with the
San Bernardino Public Employees Association (SBPEA). The meet and confer session was
held on September 30, 2008.
Under the expanded contract, the Public Services Deputy DirectorlMaintenance Services or
the Street SignaVLighting Supervisor will administer the contract and manage all of the
assignments given to the contractor. The contractor will report back once the assignments are
completed. Either the Deputy Director/Maintenance Services or the Street SignallLighting
Supervisor will verify assignment completion before payments are issued.
Staff recommends that the Common Council authorize the approval of Amendment No, 1 to
the Vendor Service Agreement and increase to Purchase Order Number 302232 by an
additional $110,000 to Fluoresco Lighting & Signs for more streetlight maintenance services.
Financial Impact:
Once the Budget Amendment is approved, funds for this increase will be available in the FY
08-09 Budget, Account No. 001-409-5502 (Professional Contrac:tual Services) in the amount of
$110,000.
Recommendation:
1) Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE APPROVAL OF AMENDMENT NO. 1 TO
THE VENDOR SERVICE AGREEMENT AND INCREASE TO PURCHASE ORDER
NUMBER 302232 BY $110,000 TO FLUORESCO LIGHTING & SIGNS FOR
STREETLIGHT MAINTENANCE SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY'
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bemardino is hereby
authorized to execute on behalf of said City Amendment No. 1 to the Vendor Service
Agreement between the City of San Bernardino and Fluoresco Lighting & Signs, a
copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by
this 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 increase Purchase. Order 302232 by an
additional $110,000 to Fluoresco Lighting & Signs for a total amount of $220,000.
SECTION 3, The Purchase Order shall reference this Resolution No. 2008-
and shall read, "Fluoresco Lighting & Signs for streetlight maintenance
services," and shall incorporate the terms and conditions of Amendment No. 1 to the
Vendor Service Agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Amendment No. 1 to the Vendor Service Agreement is rescinded if it is not
executed within sixty (60) days of the passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE APPROVAL OF AMENDMENT NO.1 TO
2 THE VENDOR SERVICE AGREEMENT AND INCREASE TO PURCHASE ORDER
3 NUMBER 302232 BY $110,000 TO FLUORESCO LIGHTING & SIGNS FOR
STREETLIGHT 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 Bemardino at a
meeting thereof, held on the
day of
, 2008, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSENT
ABSTAIN
ESTRADA
BAXTER
BRINKER
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15 KELLEY
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JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
Patrick J. Morris, Mayor
Approved as to Form:
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By: 1tt_7- )..,,----
J mes F. Penman
(}ity Attomey
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0 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
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3 IN WITNESS TIiEREOF, tJJ,e parties hereto have executed the Agreement on the day
4 and date first above written,
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Dated: ,2008 Fluoresco Lighting & Signs
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7 By:
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11 Dated: ,2008 CITY OF SAN BERNARDINO
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13 By: Mark Weinberg, City Manager
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Rachel Clark, City Clerk
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23 Approved as to form:
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25 James F. Penman. City Attorney
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Exhibit "A" 2
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 3rd day of November 2008, by and
between Fluoresco Lighting & Signs ("VENDOR") and the City of San
Bernardino ("CITY'; or "San Bernardino"),
RECITALS
A. On June 2, 2008, per Resolution 2008-174, the Mayor and Conunon Council
authorized 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.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by an additional $110,000 for a total not-to-exceed
$220,000 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,
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
Increase Purchase Order Number 302232 by an additional $110,000 for a total
not-to-exceed $220,000 for FY 08-09 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.
The other provisions of the written contract are reaffirmed as originally stated.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer. Director
Dept: Public Services
Date: May 27, 2008
Subject: Resolution of the Mayor and
Common Council of the City of San
Bemardino authorizing the execution of
an Agreement and Issuance of a
Purchase Order in the amount of
$110,000 with three (3) one-year
extensions at the City's option between
the City of San Bemardino and
Fluoresco Lighting & Signs for streetlight
maintenance services.
Synopsis of Previous Council Action:
Meeting Date: June 2, 2008
Recommended Motion:
Adopt Resolution.
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Contact person: Ken Fischer, Director
Phone: 5140
Supporting data attached:
Staff Report. Resolution, Vendor Service
Agreement and Exhibit "1"
FUNDING REQUIREMENTS:
Council Notes:
Ward:
All
Amount: $110,000
Source: FY 08-09
001-409-5502
Professional Contractual
Services
Finance:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bemardino authorizing the
execution of an Agreement and issuance of a Purchase Order in the amount of $110,000 with
three (3) one-year extensions at the City's option between the City of San Bemardino and
Fluoresco Lighting & Signs for streetlight maintenance services.
Background:
In June of 2006, the Mayor and Common Council hired Management Partners, Inc. to conduct
a review of the City's government. Their goal was to identify and recommend ways that the
City could improve its operations in order to save money and be more efficient. The review
resulted in the issuance of Recommendation No. 185, "To contract out streetlight maintenance
and repair."
The Public Services Street Division, Traffic Signal and Street Lighting Section handles the
maintenance of approximately thirty-five hundred (3,500) city owned streetlights, electrical
needs in City par1<s, parking structure lighting and Carousel Mall lighting, This Section has
found it challenging to provide the level of services necessary to meet the need to maintain
these various systems.
Now would be a good time to test how a contract service may be able to complement our staff.
So, we have sought bids for a company to handle routine streetlight repair services Citywide,
Routine wor1< would include replacement of bulbs, sensors, lenses, fuses, etc. These are
usually the cause of most light outages. This will allow our four remaining electricians to
handle non-routine wor1<, such as pulling new wire, transformer repair/replacement, setting
new poles as well as the other work mentioned above.
Staff met and conferred with SBPEA representatives on this issue on March 6. 2008, Staff
established a temporary purchase order with Computer Services Co. in the amount of $24,900
to cover light bulb and photocell replacement services from April 28 through June 30, 2008.
On April 28, 2008 a formal bid process was initiated to solicit bids for Streetlight Maintenance
Services. Notices of bids were mailed to the Chamber of Commerce and four (4) vendors.
Three (3) vendors responded. The other did not submit a bid. Staff researched and found no
local vendors that provide this specialized service.
The vendor, business location, and hourly rate are listed below.
Vendor
Fluol8CO Lighting & Signs
Republic ITS
Computer Services Co.
Day Lite Maintenance
Location
Pomona, CA
Novato, CA
Corona, CA
Orange, CA
RFPlHourlv Rates
$78.00
$85.00
$96.00
Non-responsive
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report- Continued
Staff has contacted the cities of Glendale, AZ and Flagstaff, AZ to discuss the level of services
provided by Fluoresce Lighting & Signs, Both cities are satisfied with the services of Fluoresco
Lighting & Signs.
The Public Services Street Division will administer the contract and manage all of the
assignments given to the contractor. The contractor will report back once the assignments are
. completed. Staff will review the completed assignments before payments are issued, The
contractor may also provide technical support and repairs for streetlight outages, The contract
is based on both an hourly rate and will charge for streetlight base replacement services
according to the quantity of units serviced. For example, the contractor will charge an hourly
rate when performing bulb replacement and $812 per base for base replacement services (see
attached FRQ-08-19).
Staff will budget $110,000 per year for each subsequent term if the City exercises the options
set forth in the Vendor Service Agreement Therefore. staff recommends that we enter into an
agreement with Fluoresco Lighting & Signs for streetlight maintenance services.
Financial Impact:
Funding for this contract has been budgeted in the FY 08-09 Budget in Account No, 001-409-
O 5502 (Professional Contractual Services) in the amount of $110,000. The Preliminary FY OB-
09 Budget will also reflect the deletion of two (2) Electrician I positions.
Recommendation:
Adopt Resolution,
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
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RESOLUTION NO,
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;
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 Bemardino 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-
and shall read. "Fluoresco Lighting & Signs for
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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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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
(2) ONE.YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF
3 SAN BERNARDINO AND FLUORESCO LIGHTING & SIGNS FOR STREETLIGHT
( 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
meeting thereof, held on the
day of
, 2008, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
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Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
This VeDdor Service AgreemeDt 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").
WITNESSETH:
WHEREAS, the Mayor and Common Council has detennined that it is advantageous
and in the best interest of the CITY to contract for streetlight maintenance services; and
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:
]. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR for streetlight maintenance services for all CITY streetlights as set forth in its
proposal dated April 28, 2008, attached hereto, marked Exhibit "I" and incorporated herein by
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
(3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
July I, 2009 through June 30, 2010. Option year two, if exercised, shall be effective July I,
Exhibit "A"
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2010 through June 30, 2011. Option year three,.if.exercised., shall be effective July 1,2011
through June 30, 2012.
This Agreement may be tenninated 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 agrees 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 indenmify 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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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 recruibnent of employees,
VENDOR shall not engage in, nor pennit its officers, employees or agents to engage in,
discrimination in employment 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 pennitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENTCONTRACTO&
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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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:
TomE CITY:
Public Services Director
300 North "0" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Fluoresce Lighting & Signs
2778 Pomona Blvd.
Pomona, CA 91768
Telephone: (909) 592-0870
Contact: Bryce Pennington
9, ATIORNEYS' 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 OTY 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
encwnber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the tennination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
Exhibit" A"
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term oflhis 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, Stale of California or the U,S, District Court for the Central District of California,
Riverside Division. 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 ofCalifomia,
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.
IS. 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.
III
Exhibit "A"
0 1 VENDOR SERVICE-AGREEMENT
FLUORESCO LIGHTING & SIGNS
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: ,2008 VENDOR
6 By:
7 Its:
8 Dated ,2008 CITY OF SAN BERNARDINO
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10 By:
Fred Wilson, City Manager
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12 Approved as to Form:
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0 14 By:
15 James F. Penman, City Attorney
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Exhibit" A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of June 200S, by and
between Fluoresco Lighting & Signs (''VENDOR'') and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for streetlight maintenance services; and
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
VENDOR for streetlight maintenance services for all CITY streetlights as set forth in its
proposal dated April 2S, 2OOS, attached hereto, marked Exhibit "I" and incorporated herein by
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, 200S 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, 200S through June 30, 2009, with three
(3) one-year extensions at the City's option. Option year one, if exercised, shall be effective
July I, 2009 through June 30, 201 O. Option year two, if exercised, shall be effective July I,
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2010 through June 30, 2011. Option year three, if exercised, shall be effective July I, 2011
through June 3D, 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 ofthis Agreement may be extended with tbe written consent of both parties.
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4. INDEMNITY.
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22 5. INSURANCE.
2S While not restricting or limiting the foregoing, during the term of this Agreement,
24 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
25 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
26 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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CITY agrees 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 andlor VENDOR shall indemnify the other to the extent of this
comparative fault.
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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 engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment 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 Califomia 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,
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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 "0" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Fluoresco Lighting & Signs
2778 Pomona Blvd,
Pomona, CA 91768
Telephone: (909) 592-0870
Contact: Bryce PennillgtoD
TO THE VENDOR:
9. AITORNEYS' FEES.
In the event that litigation is brought by any party in cormection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incUlTed 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 encumbrance 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
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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,
n. 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 of California or the U.s. District Court for the Central District of California,
Riverside Division. 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.
IS. 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.
III
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VENDOR SERVICE-AGREEMENT
FLUORESCO LIGHTING & SiGNS
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
.2008
VENDOR
Dated:
By:
Its:
,2008
CITY OF SAN BERNARDINO
Dated
By:
Fred Wilson, City Manager
Approved as to Form:
?--~ .--......
es F. Penman, City Attorney
EXHIBIT "1"
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PRICE FORM
REQUEST FOR QUOTES:
RFQ F-08-19 (RE-BID)
DESCRIPTION OF RFQ:
BIDDER'S NAME/ADDRESS:
StreeUight Maintenance Services Contract
Flvolt! sto L/yA-h"1. r 5;'}45
J 77 t/ Poj#1Q/l1'It lJ/lld.
f1of'VI~a . (.11 9/16 f5
NAMEfTELEPHONE NO. OF /l J
AUTHORIZED REPRESENTATIVE /5/ Yte ff:MtfI4l/ rM
, .,.
qoq~ 5q~ -0 ~70
ITEM: HOURLY RATE:
3, Monthly Night Inspections
$ 7~OO//{f".
$ 7~ 00/1Ir.
$ 3'1.00/lIr
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1. General Maintenance & Repair
2. Additional Service & Repair
4. Extra Work (use extra sheet(s) If necessary)
a) Employee Class J"uyn..v.......... 13./ec.lr.,'e.,'e",.
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JO"'''''I~rPu.n Lil'l~1'>WI
benel"'&<f L4.b"rer
$
$ I;). ~OO / Hr.
$ (CIS f ;'/u( i ~%
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b) Specialized Equipment - CrC4l1e
c) Materials
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5. Base Replacement C.
1 - 5 Bases $ 1) f). .GO
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6 -10 Bases $ 8/':2.00
11-15 Bases $ 73100
16 - 20 Bases $ o 'I'>. 00
6. Emergency Servlce/Parts & Materials
Percent Abovelnvolc:e
I~ %
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.
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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,
Oetion 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
Q:tgL..... (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
!'one
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Have you included in your bid all informational items and forms as requested?~
I No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFO close date,
Terms and conditions as set forth in this RFO 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 RFO. Below,
please indicate all Addenda to this RFO received by your firm. and the date said
Addenda wasJwere received.
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Verification of Addenda Received
Addenda No: ,
Addenda No:
Addenda No:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: /J
t?/'tMC.J /J10/1&f9Br
DATE SIGNED: '/- ~ g- - 0 g'
FI.'C'lIfseD i,9/'.H"9 ~ Sirs
COMPANY NAME & ADDRESS: ;p-,f/' PM'1M'" 8/,1.1.. p,,,,,,,rI/A. c.1I 'f I7M{
PHONE: '109 - r-9,) - (JfJ70 FAX: C(oq - 59) - Ol(q J
EMAlL: .bp"JtA,."~f/J:./n:jcO. uV1'1
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