HomeMy WebLinkAbout2009-174
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RESOLUTION NO. 2009-174
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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.
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WHEREAS, the current Purchase Order of $220,000 needs to be increased by
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.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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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
14 the City of San Bernardino and Fluoresco Lighting & Signs, a copy of which is
15 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
16 though set forth at length.
23 Agreement not to exceed $252,400" and shall incorporate the terms and conditions of
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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Order increase and Amendment is rescinded if it is not executed by both parties within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.
2009-174
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 FLUORESCO LIGHTING & SIGNS FOR
ADDITIONAL 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 joint adjourned
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7 meeting thereof, held on the 29th
day of
June
. 2009, by the
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Appr ved as to Form:
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a~~-~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this /s-,-
July , 2009.
day of
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2009-174
AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
This Agrccmcnt 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 Bcrnardino").
REClT ALS
A. On November 3, 200S. per Resolution 2008-418. the Mayor and Common
Council approvcd the increasc authorizing the approval of Amendment No. I to
the Vendor Scrvice Agreement and increase to Purchase Order Number 302232
by $110,000 for as total amount of $220.000 to Fluorcsco Lighting & Signs for
streetlight maintenance services ("Agrcemcnf'), a copy of which is attached
hcrcto as Attachment '"}" and incorporated by this rcfcrcnce.
B. The CITY and VENDOR now dcsirc to alter thc Agrcemcnt to Il1crease the
amount of thc Agrccmcnt by an additional $32.400 for a .totai not to exceed
$252.400 for FY OS-09.
AGREEMENT
In considcration ofthc mutual promises contained in the Vendor Service
Agreement, the parties agree as f{lllows:
I, Section 2 (a) of thc Agrecment is amended by striking $220,000 and adding
thc tcrm $252.400 for FY 08-09,
2, All other provisions ofthc written contract are reaftirmcd as originally stated.
EXHIBIT "A"
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2009-174
AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT
FLUORESCO LIGHTING & SIGNS
IN WITNESS TlIEREOF. the parties hereto have executed the Agrcement on the day
and date first above written.
Dated:
.2009
Dated:
CITY OF SAN BERNARDINO
"y~ M~"?ttig"
. 2009
ATTEST:
Q~h.~
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Rachel Clark. City Clerk
23 Approved as to form:
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25 James F. Penman. City Attorney
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2008-418
ATTACHMENT #1# 2009-174
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- 1 74, 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 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 $ 1 lO,OOO 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
2009-174
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:
II fr-o
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,2008
Dated: 1t.rJ
CITY OF t BERNARDINO
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5 , 2008
By:
ATTEST:
~JcvLh.~
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
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ATTACHMENT "1" (CONT'D)
2009-174
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").
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 servlces of
VENDOR for streetlight maintenance services for all CITY streetlights as set forth in its
proposal dated April 28, 2008, attached hereto, marked Exhibit "1" and incorporated herein by
this reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
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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 I, 2008 through
June 30, 2009 and up to $l 10,000 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 l, 2009 through June 30, 2010. Option year two, if exercised, shall be effective July I.
Exhibit "A"
2009-174
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2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1, 20l I
through June 30, 20l2.
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 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 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"
2009-174
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additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shan 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 shan 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 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 shan secure, at its expense, and be responsible for any and an 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"
2009-174
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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 "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5 l40
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 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
Exhibit "A"
2009-174
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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 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,
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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2009-174
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:
,2008
Dated
,2008
Approved as to Form:
VENDOR
By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
By:
James F. Penman, City Attorney
Exhibit "A"