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6.A
RESOLUTION (ID #3453) DOC ID: 3453 K
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Budget Amendment
From: Edward Erjavek M/CC Meeting Date: 09/15/2014
Prepared by: Edward Erjavek, (909) 381-
8216
Dept: Library Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Allocating
$140,000 in FY 2014-15 Community Development Block Grant (CDBG) Funds and Transfer
$80,000 from the Library's FY 2013-14 Budget to the FY 2014-15 Budget to Complete the
Carpet Installation Project for Feldheym Library. (#3453)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: «0»
Account No. «119-470-0001-5502»
Account Description: «CDBG - Library- Administration - Professional/Contractual Services>>
Balance as of: «8/27/14» «$0»
Balance after approval of this item: «$140,000»
Account Budgeted Amount: «$80,000»
Account No. «001-110-0000-4924»
Account Description: <<Damage Claim Recovery>>
Balance as o£ <<-$11,254.23»
Balance after approval of this item: <<-$11,254.23»
Account Budgeted Amount: «0»
Account No. «119-470-0001-5181»
Account Description: <<Library-Administration - Other Operating Expenses>>
Balance as of. << 8/27/14» «$0»
Balance after approval of this item: «$80,000»
Continuing Appropriation from FY 2013-14 &Allocation to FY 2014-15.
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Mayor to open the hearing. . .
Motion: Close the hearing; and adopt the Resolution.
Synopsis of Previous Council Action:
7/7/14 The Mayor & Common Council approved Resolution 3298 Authorizing the Execution of
an Agreement and Issuance of an Annual Purchase Order in an Amount Not to Exceed $297,300
to G&S Carpet Mills, Inc. for Carpet and Carpet Installation in the Feldheym Library. Some
$95,000 of that funding was to be from library CDBG funds for FY 2013-14. Since the carpet
Updated: 9/9/2014 by Georgeann"Gigi"Hanna K I Packet Pg. 446
3453
wasn't installed by Aug. 15 - that unspent funding isn't available any longer, according to CDBG
staff, who advised library staff to re-apply for CDBG funding for FY 2014-15 as a substantial
amendment to complete the much-needed project.
Backivound:
Feldheym Central Library still has its original carpeting from 1985, which has various stains and
tears in it including on the public stairs and the children's room which poses a safety hazard.
Pictures are included as an attachment. A flood in May 2013 also damaged the carpet on the 2nd
floor in a combination of public and staff areas.
Carpet will be replaced on the first floor(including work areas, office spaces &public stairs) and
the second floor (including administration offices &the California Room). Feldheym is a 64,000
square foot facility. The library board will pay vendor directly for the Bing Wong auditorium
carpeting of$42,800 by separate invoice.
Funding sources include the $80,000 insurance settlement from the flooding. Library requests
$80,000 of unspent library funding from FY 2013-14 be transferred as a Continuing
Appropriation & Allocation of that $80,000 to FY 2014-15 Library Budget Account # 105-470-
0001-5181. The $140,000 instead of last year's $95,000 of CDBG funds is requested because
money that facilities originally planned to contribute to the project is no longer available. Some
$10,000 of the CDBG funds would be for qualified CDBG project management staff, if needed.
Since the MCC approved awarding the bid & the vendor services agreement (VSA) at its July
7th meeting, a purchase order with proper funding needs to be executed.
City Attorney Review:
Supportim Documents:
Carpet Reso (DOCX)
ChildRoom—2 (PDF)
MainStairs (PDF)
child (PDF)
ref (PDF)
circoffice (PDF)
#3298 - 7-7-2014 (PDF)
AuditoriumCarpetlnstallationSignedStatement (PDF)
Updated: 9/9/2014 by Georgeann"Gigi"Hanna K Packet Pg. 447
6.A.a
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ALLOCATING $140,000 IN FY 2014-15 COMMUNITY
3 DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND TRANSFER $80,000 FROM
THE LIBRARY'S FY 2013-14 BUDGET TO THE FY 2014-15 BUDGET TO
4 COMPLETE THE CARPET INSTALLATION PROJECT FOR FELDHEYM
LIBRARY. U
5 0
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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7
8 SECTION 1. That the City Manager of the City of San Bernardino is authorized and R
9 directed to allocate $140,000 in Community Development Block Grant (CDBG) Funds for FY J
10 2014-15 to Account # 119-470-0001-5502 (CDBG — Library - Administration —
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11 Professional/Contractual Services) to complete the carpet installation project for Feldheym a
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12 Library,previously approved by the Mayor and Common Council on July 7th, 2014. c
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13 SECTION 2. That the Director of Finance is authorized and directed to transfer $80,000 a�
14
from the Library's FY 2013-14 account# 105-470-0001-5181 (Library—Administration - Other
15
Operating Expenses) to the FY 2014-15 account by the same number. m
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SECTION 3. That the Director of Finance is authorized and directed to amend the
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Library's FY 2014-15 budget by the above stated amounts to reflect the CDBG allocation and
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budget transfer.
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20 SECTION 4. That this policy shall take effect immediately upon adoption of this v
21 Resolution.
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Packet Pg. 448
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO ALLOCATING $140,000 IN FY 2014-15 COMMUNITY
2 DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND TRANSFER $80,000 FROM
THE LIBRARY'S FY 2013-14 BUDGET TO THE FY 2014-15 BUDGET TO
3 COMPLETE THE CARPET INSTALLATION PROJECT FOR FELDHEYM
LIBRARY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS: o
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a
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7 Common Council of the City of San Bernardino at a meeting, thereof, held on
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the day of , 2014, by the following vote to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT E
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MARQUEZ
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VALDIVIA 0
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19 Georgeann Hanna, City Clerk (D
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20 The foregoing resolution is hereby approved this day of , 2014. U
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22 R. CAREY DAVIS, Mayor 2
City of San Bernardino Q
23 Approved as to form:
GARY D. SAENZ, City Attorney
24
.+, 25 By:
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RESOLUTION (ID#3298) DOC ID: 3298 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 07/07/2014
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works Ward(s): 1 a
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Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the C.
Execution of an Agreement and Issuance of an Annual Purchase Order in an Amount Not to IL?
Exceed $297,300 to G&S Carpet Mills, Inc. for Carpet and Carpet Installation in the Feldheym
Library. (#3298)
Current Business Registration Certificate: No
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Financial Impact:
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Account Budgeted Amount: $80,000
Account No. 001-110-0000-4924
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Account Description: Damage Claim Recovery :D
Balance as of: -$11,254.23 Q
Balance after approval of this item: -$11,254.23 0
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Accouont Budgeted Amount: $95,000 y
Account No: 119-470-0001-5502 c'
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Account Description: Professional/Contractual Services
Balance as of: 6/16/14 $100,000
Balance asfter approval of this item: $5,000 m
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Account Budgeted Amount: $80,000
Account No: 105-470-0001-5181 LO
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Account Description: Other Operating Expenses y
Balance as of:
Balance after approval of this item:
Account Budgeted Amount: $42,798.08 ~
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Account No: 001-400-0037-5505 M
Account Description: Other Professional Services
Balance as of:
Balance after approval of this item: E
Please note this balance does not indicate available funding. It does not include non-encumbered r
reccurring expenses or expenses incurred,but not yet processed. Q
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:_
12/16/13 The Mayor and Common Council received a report regarding the payment to Disaster
Updated: 6/26/2014 by Jolena E. Grider C 5'
.Packet Pg.455
6.A.g
3298
KleenupBetter Floors & Restoration for emergency clean up services at the
Feldheym Library.
12/16/13 Resolution No. 2013-356 was approved authorizing the Director of Public Works to
Issue a Notice Inviting Bids for Carpet and Carpet Installation(RFP F-14-23).
Background:
The Public Works Department, Operations & Maintenance Division, is responsible for the a
maintenance of City buildings. On May 17, 2013, the first and second floors of the Feldheym a
Library sustained damage due to contractor negligence. The contractor responsible for the
broken pipe submitted payment in the amount of$112,844.40. Of this amount, $33,342.48 was
expended for the initial clean up. On December 16, 2013, the Mayor and Common Council cv
authorized the remaining$79,501.92 to be used for carpet and carpet installation.
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On April 21, 2014, a formal bid was initiated to solicit bids for carpet and carpet installation.
Vendors were notified in the technical specifications that CDBG funds would be used and that -�
there would be special requirements that were outlined in the specification. This is a prevailing
wage job. Notices were posted on the web, printed in the newspaper, and mailed to the Chamber
of Commerce. Six local vendors in addition to those on SB Connect received the bid packet.
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One local vendor and one non-local vendor responded.
The bid requested quotes for separate areas of the Library. Carpet will be replaced on the first E
floor (including work areas, office spaces & public stairs) and the second floor (including U
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/J administration offices & the California Room). It has been determined that replacing the carpet o
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in the Bing Wong Auditorium will not be completed at this time. The vendor,business location,
and total amount for the first and second floors are listed below:
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.Vendor Location Total 0
G&S Carpet Pomona $270,255.51 0
Kenaston Flooring San Bernardino $345,900.00
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After review of the bids, it was determined that G&S Carpet Mills, Inc. submitted the lowest bid.
Staff is requesting an additional $27,044.39 (10% of the cost of the job) to be used for
unexpected expenses. Staff recommends that the Mayor and Common Council authorize the N
execution of an agreement and issuance of an annual purchase order in an amount not to exceed ti
$297,300 to G&S Carpet Mills, Inc. for carpet and carpet installation in the Feldheym Library.
City Attorney Review: a)
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Supporting Documents:
reso 3298 (PDF)
agrmt 3298 (PDF)
Bid Summary Sheet (PDF)
Bid Packet (PDF) Q
Updated:6/26/2014 by Jolena E. Grider C aC t G33
Packet Pg.456
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I RESOLUTION NO. 2014--259
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO
4 EXCEED $297,300 TO G&S CARPET MILLS, INC. FOR CARPET AND CARPET
INSTALLATION IN THE FELDHEYM LIBRARY. U
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5 WHEREAS, G&S Carpet Mills, Inc. was determined to be the lowest bidder for a
6
7 carpet and carpet installation at the Feldheym Library.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
10
11 and directed to execute on behalf of said City a Vendor Service Agreement between the City
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12 of San Bernardino and G&S Carpet Mills, Inc., a copy of which is attached hereto, marked )
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13 Exhibit"A", and incorporated herein by reference as fully as though set forth at length. o
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SECTION 2. That pursuant to this determination the Director of Administrative
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Services or his designee is hereby authorized to issue an annual purchase order to G&S Carpet
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17 Mills, Inc. in an amount not to exceed $297,300. m
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18 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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19 read, "G&S Carpet Mills, Inc. for carpet and carpet installation in the Feldheym Library.
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20 Agreement not to exceed $297,300" and shall incorporate the terms and conditions of the ti
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Agreement. co
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23 SECTION 4. The authorization to execute the above-referenced Purchase Order and
24 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
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25 passage of this resolution. Q
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Packet'Pg.457
2014-259
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINOAUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO
EXCEED $297,300 TO G&S CARPET MILLS, INC. FOR CARPET AND CARPET
3 INSTALLATION IN THE FELDHEYM LIBRARY.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor ,
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5 and Common Council of the City of San Bernardino at a joint regular meeting a
6 thereof, held on the 7 th day of �„ ,2014, by the following vote,to wit: L.
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ x
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BARRIOS x
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VALDIVIA x
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13 SHORETT x o
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14 NICKEL x o
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The foregoing resolution is hereby approved this _ day df � �.Y ,i 2014. C,
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Virgin Mar uez, Ma r P Tem
23 City of San Bernardino
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24 Approved as to form:
25 GARY D. SAENZ, City Attorney
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By:
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FPacket Pg.458
Z014-259
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND G&S CARPET MILLS,INC. FOR CARPET AND CARPET INSTALLATION IN
THE FELDHEYM LIBRARY
This VENDOR Service Agreement is entered into this 7th day of July, 2014, by and
between G&S Carpet Mills, Inc. ("VENDOR") and the City of San Bernardino ("CITY" of
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"San Bernardino").
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for carpet and carpet installation in the 2
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Feldheym Library and; E,
WHEREAS, The City of San Bernardino did solicit and accept quotes from available
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VENDORs for such carpet and carpet installation in the Feldheym Library; and
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WHEREAS, VENDOR is the lowest bidder to provide said service to City; and U
NOW,THEREFORE,the pasties hereto agree as follows: c
1. SCOPE OF SERVICES. U-
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For the remuneration stipulated, San Bernardino hereby engages the services o: a
VENDOR to provide those services as set forth in RFQ F-14-23, a copy of which is on file it v
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the Public Works Department and a copy of the Price Form is attached hereto as Attachmen
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"1"and incorporated here by this reference. ti
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2. COMPENSATION AND EXPENSES. M
a. For the services delineated above, the CITY, upon presentation of an invoice, shal
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pay the VENDOR up to the amount of$297,300 for carpet and carpet installation it u
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the Feldheym Library pursuant to RFQ F-14-23.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
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Z014-Z59
3. TERM; TERMINATION.
The term of this agreement shall be from July 7, 2014 through October 31 2014
This Agreement may be terminated at any time by thirty (30) days' written notice b,
either party. The terms of this Agreement shall remain in force unless amended by writtel
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agreement of the parties executed on or before the date of expiration of current term of the .o
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4. INDEMNITY.
VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees
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agents or representatives, free and harmless from all claims, actions, damages and liabilities o E
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any kind and nature arising from bodily injury, including death, or property damage, based o
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asserted upon any or alleged act or omission of VENDOR, its employees, agents, o �.
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subcontractors, relating to or in any way connected with the accomplishment of the work o c°)
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p erformance of service under this Agreement, unless the bodily injury or property damage wa s
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( actually caused by the sole negligence of the City, its elected officials, employees, agents o u
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representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend a
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its own expense, including attorney's fees the City, its elected officials, employees, agents o
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representatives from any and all legal actions based upon such actual or alleged acts o 0
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omissions. VENDOR hereby waives any and all rights to any types of express or implies ti
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indemnity against the City, its elected officials, employees, agents or representatives, wit] M
respect to third party claims against the VENDOR relating to or in any way connected with th,
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accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile
Exhibit "A"
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Packet Pg.460
201.4-259
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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' and shall file copies of said
worker's compensation coverage, policies with the CITY's Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior 'o
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to any change in or termination of the policy. �-
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6. NON-DISCRIMINATION.
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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 E
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discrimination in employment of persons because of their race, religion, color, national origin Z
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender o 2
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sexual orientation, or any other status protected by law. 0
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents an(
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put-poses VENDOR shall be an independent contractor and not an agent or employee of the v
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment o Lo
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Income Tax, Social Security, State Disability Insurance Compensation, Unemploymeti
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Compensation, and other payroll deductions for VENDOR and its officers, agents, any ti
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employees, and all business license, if any are required, in connection with the services to b M
performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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VENDOR warrants that it possesses or shall obtain, and maintain a business registratio
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permit.
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Exhibit"A"
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Packet Pg.461
2014-259
qualifications, insurance and approval of whatever nature that are legally required of VENDOI
to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the Unite
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States Postal Service, postage prepaid and addressed as follows: 0_
TO THE CITY: Public Works Director �-
300 North"D" Street v
San Bernardino, CA 92418
Telephone: (909) 384-5140 ?
TO THE VENDOR: G&S Carpet Mills, Inc. J
3205 Pomona Blvd,
Pomona, CA 91768
Telephone: (909) 468-5600
Contact: Ali Gorfinfar
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9. ATTORNEYS' FEES. E
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In the event that litigation is brought by any party in connection with this Agreemen °
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the prevailing party shall be entitled to recover from the opposing party all costs and expense:
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any c m
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its rights or remedies hereunder or the enforcement of any of the terms, conditions ( M
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall t
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calculated based on market rate for comparable services.
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10. ASSIGNMENT. co
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet c **
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's pric E
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voi Q
and shall constitute a breach of this Agreement and cause for the termination of th
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDO
Exhibit"A"
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Packet Pg.462
• 2014-259
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
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Agreement shall be tried and litigated either in the State courts located in the County of San a
Bernardino, State of California or the U.S. District Court for the Central District of California,
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Riverside Division. The aforementioned choice of venue is intended by the parties to be M'
mandatory and not permissive in nature. E
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12. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
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13. SUCCESSORS AND ASSIGNS. Q
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement v
and their respective heirs, representatives, successors, and assigns.
14. HEADINGS. U-
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The subject headings of the sections of this Agreement are included for the purposes of C'
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convenience only and shall not affect the construction or the interpretation of any of its M
provisions. o
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15. SEVERABILITY. r
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If any provision of this Agreement is determined by a court of competent jurisdiction to M
be invalid or unenforceable for any reason, such determination shall not affect the validity or
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enforceability of the remaining terms and provisions hereof or of the offending provision in any
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other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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Exhibit"A"
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2014-259
16. ENTIRE AGREEMENT, MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th
parties, and supercedes any prior agreements and understandings relating to the subject manne
of this Agreement, This Agreement may be modified or amended only by a written instrumen Y
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executed by all parties to this Agreement. °
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6.A.g
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND G&S CARPET MILLS, INC. FOR CARPET AND CARPET INSTALLATION IN
THE FELDHEYM LIBRARY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day ant
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date set forth below. a
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Dated: 7-l _,2014 G&S CARPET MILLS, INC. ccc
By: A :r
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Dated � 149 ,2014 CITY OF SAN BERNARDINO
By:
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Allen arker, City Manager
Approved as to Form: U
Gary D. Saenz, City Attorney
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san bernardino public library
Norman F. Feldheym Central Library San Bernardino, CA 92410-3094 r
555 West 6th Street °
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Telephone(909) 381-8201 0
FAX (909) 381-8229 a
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Dr. Milton Clark n'
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President July 21, 2014
Carolyn Tillman
Vice President G & S Carpet Mills Inc.
3205 Pomona Blvd., J
Valerie Lichtman Pomona, CA. 91 768
Secretary >,
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Mia Zamora-Johnson Dear Mr. Ali Gorginfar:
Board Member Your bid of$297,300 that the Mayor & Common Council of the City LL
of San Bernardino approved July 7th for the carpeting of Feldheym Central :
Dr.Thomas Kennard Library didn't include carpeting of the Bing Wong Auditorium. Q.
Board Member The San Bernardino Public Library Board of Trustees voted at its July o
10th meeting to approve funding the carpeting of the Bing Wong Auditorium v
utilizing its own funding if it can be separately invoiced for that part of the °
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Edward Erjavek project and pay you directly. 1 was given an auditorium carpet cost of$42,800 S
Library Director by Public Works Director Tony Frossard.
This letter is a statement in good faith from the Library that the carpet Li
Inghram Branch will be paid for above and beyond the City's contribution so that you can order m
05 W.Highland Avenue
the carpet and plan that as part of the project. If further information is V
Rowe Branch necessary, I can be contacted with my information below.
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108 E.Marshall Blvd. ,tea,
Sincerely,
Villasenor Branch t
525 N.Mt.Vernon
;� !�'ry �-'ASV\►' E
Ed Erjavek Date:July 23, 2014 in
Library Director
grjavek.ed@sbpl.org
909-381-8210 Ali Gorginfar =
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Dr. Milton Clark °
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Library Board President
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cc: Mr. David Cain, city of San Bernardino Finance Director ¢
Mr. Tony Frossard, city of San Bernardino Public Works Director
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Packet Pg. 466