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HomeMy WebLinkAbout05.O- Appropriation of Previously Unallocated Funds and Execution of Third Amendment to Quality Light & Electric for Street Light Repair Services 5.0 RESOLUTION (ID # 4293) DOC ID: 4293 B CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Budget Amendment From: Marlene Miyoshi M/CC Meeting Date: 03/07/2016 Prepared by: Linda Dortch, (909) 384- 5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of $150,000 of Previously Unallocated HUTA (Gas Tax) Funds (Fund 126) and Authorizing the Execution of a Third Amendment to the Agreement with Quality Light and Electric for Street Light Repair Services. (#4293) Current Business Registration Certificate: Yes Financial Impact: Increase annual purchase order 2016-88 for Quality Light and Electric by $165,000. Amend the FY 2015-16 Budget and appropriate $150,000 of previously unallocated Gas Tax (Fund 126) to account 126-400-0092-5502. Funds are available in account 001-400-0037-5111 for the additional $15,000 purchase order increase. Motion: Adopt the Resolution. Synopsis of Previous Council Action: May 18, 2015 - Reso 2015-101 - The Mayor and Common Council authorized the appropriation of$30,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" using unallocated HUTA (Gas Tax Fund 126) funds and authorized the execution of a Second Amendment to the Agreement with Quality Light and Electric for street light repair services. November 17, 2014 - Reso 2014-400 - The Mayor and Common Council authorized the appropriation of an additional $200,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" using unallocated HUTA (Gas Tax Fund 126) funds; amended the FY 2014-15 Budget accordingly; authorized the execution of a First Amendment to the Agreement with Quality Light and Electric; and increased Annual Purchase Order No. 2015 -61 for an amount not the exceed $400,000 for street light repair services. March 3, 2014 - Reso 2014-52 - The Mayor and Common Council authorized the execution of an Agreement and issuance of an Annual Purchase Order with two (2) one-year extensions at the City's option, to Quality Light and Electric for street light repair services. Updated: 3/3/2016 by Georgeann "Gigi" Hanna B Packet Pg. 172 5.0 4293 Background: The Public Works Department, Operations & Maintenance Division, is responsible for maintaining approximately 6,650 city owned street lights throughout the City. Services are handled by the City's contractor Quality Lighting and Electric since May 2014. The City's street light system is a mix of different lighting systems that include high pressure sodium (HPS) lights, Light emitting diodes (LED) lights, and mercury vapor lights. The system is plagued with a number of problems. Parts of the lighting system are very old, representing an array of maintenance and repair difficulties, including conduit and underground damage. The City also has "knock downs" street light poles on a regular basis of which some are replaced and many have not. Additionally, the City has an ongoing battle with wire theft that typically impacts a series of street lights at one time. (And we have had repeat offenders, hitting the same locations right after repairs were done!) These situations have consumed most of the current contract budget in the first 7 months of the fiscal year and does not allow for the purchase of materials and supplies through the remainder of the year. Additionally, the Public Works Department, Building Maintenance Division, is responsible for maintaining various buildings owned by the City. Currently there are lighting and electrical issues in the parking structure located adjacent to City Hall, that requires the experience of an electrical contractor such as Quality Light. These types of repairs were not included in the funding of this contract and as such an additional amount and funding source must be added to the contract budget. Funds in the amount of $15,000 are needed for the parking structure repairs and are available from the Building Maintenance Division operational budget. Staff is requesting that the Mayor and Common Council approve a Quality Lighting contract budget increase of $165,000 as a Third Amendment to contract for FY 2015- 16; appropriate $150,000 from unallocated HUTA (Gas Tax Fund 126) funds and amend the FY 2015-16 Budget accordingly. As mentioned above, the remaining $15,000 needed for the contract amendment will come from the existing Building Maintenance Division operational budget. The contractor's existing PO will be amended upon Council approval of the contract amendment. City Attorney Review: Supporting Documents: Reso (DOC) agrmt. 4293 (PDF) Amendment No.1 (PDF) Reso 2014-400 (PDF) Vsa (PDF) Reso 2014-52 (PDF) Reso 2015-101 (PDF) Amendment No. 2 (PDF) Updated: 3/3/2016 by Georgeann "Gigi" Hanna B Packet Pg. 173 5:O.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $150,000 OF 3 PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) AND 4 AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE AGREEMENT WITH QUALITY LIGHT AND ELECTRIC FOR STREET LIGHT 5 REPAIR SERVICES. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: m as 8 SECTION 1. The City Manager and the Director of Finance, or designee, are hereby a 9 authorized and directed to amend the FY 2015-16 Budget and appropriate an additional 10 $150,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" for street c 11 light repair services from previously unallocated HUTA (Gas Tax) funds (Fund 126). a, 12 SECTION 2. The City Manager is hereby authorized and directed to execute a Third L 13 14 Amendment to an Agreement with Quality Light and Electrical, a copy of which is attached R d L 15 and incorporated herein as Exhibit"A," in the total amount of$595,000. M 16 SECTION 3. The Director of Finance, or designee, is hereby authorized and directed N 17 to increase Annual Purchase Order 2016-88 to an amount not to exceed $595,000, which shall 18 reference this Resolution and shall incorporate the terms and conditions of this Agreement. 19 CC 20 SECTION 4. The authorization to execute the above-referenced Agreement is 0 21 rescinded if it is not executed by both parties within sixty (60) days of the passage of this E 22 Resolution. 23 a 24 25 26 27 28 1 FPacket Pg. 174 5.e.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $150,000 OF 2 PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE 3 AGREEMENT WITH QUALITY LIGHT AND ELECTRIC FOR STREET LIGHT 4 REPAIR SERVICES. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c a� 7 and Common Council of the City of San Bernardino at a meeting d as 8 thereof, held on the day of , 2016, by the following vote, to wit: a 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 N 11 MARQUEZ 2 12 BARRIOS a� 13 VALDIVIA co 14 SHORETT L 15 NICKEL M 16 N RICHARD 17 18 MULVIHILL c 19 0 20 21 Georgeann Hanna, City Clerk d 22 The foregoing resolution is hereby approved this day of , 2016. 23 a 24 R. CAREY DAVIS, Mayor 25 City of San Bernardino Approved as to form: 26 GARY D. SAENZ, City Attorney 27 By: 28 2 Packet Pg. 175 5A.b THIRD AMENDMENT TO VENDOR SERVICE AGREEMENT WITH QUALITY LIGHT AND ELECTRIC FOR STREET LIGHT REPAIR SERVICES This Third Amendment to an Agreement with Quality Light and Electric for Street Light Repair Services is entered into this _ day of 2016, by and between Quality Light and Electric ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino'). E d L Q WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is in rn advantageous and in the best interest of the CITY to contract for street light repair LM J services; and L co WHEREAS, VENDOR was the lowest responsible bidder for street light N a� repair services per RFP F-14-15 and was awarded a contract by the Mayor and Common Council on March 3, 2014 by Resolution 2014-52, in the amount of N v $200,000 ("Agreement"); and N WHEREAS, the Mayor and Common Council on November 17, 2014 by E L rn a Resolution No. 2014-400 authorized the appropriation of an additional $200,000 of c previously unallocated HUTA (Gas Tax) funds (Fund 126) and authorized the execution of a First Amendment to the Agreement;and Q WHEREAS,the Mayor and Common Council on May 18, 2015 by Resolution No. 2015-101 authorized the appropriation of an additional $30,000 of previously unallocated HUTA (Gas Tax) funds (Fund 126) for FY 2014-15 and authorized the execution of a Second Amendment to the Agreement; and 1 Packet Pg. 176 5.O.b WHEREAS, the City desires to add $165,000 to the amount of the Agreement; NOW,THEREFORE, the parties hereto agree as follows: 1. Section 2 of the Agreement is hereby amended to increase the payment to VENDOR by $165,000 to a total amount not to exceed $595,000. 2. All other terms and conditions of the Agreement shall remain in full force and c a� effect. d L Q 0 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the co day and date first above written. c w t J r a) Dated: , 2016 By: co Quality Light and Electric N a a� L V Dated: , 2016 CITY OF SAN BERNARDINO Cn N By: M Marls Scott, City Manager E L Approved as to Form: E 1k co By: a y D. aenz, City Attorney 2 Packet Pg. 177 2014-400 EXHIBIT"A" FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES This First Amendment to the Vendor Service Agreement with Quality Light and Electrical for Street-Light Repair Services is entered into this??tbday of November 2014, by and between Quality Idght and I-7lectrical ("VENDOR") and a� E the City of San Bernardino ("CITY"or"San Bernardino"). L Q d V WITNESSETH: m co WHEREAS, the Mayor and Common Council has determined that it is c s advantageous and in the best interest of the CITY to contract for street light repair m d services; and ` as WHEREAS, VENDOR was the lowest responsible bidder for street light L V repair services per RFP F-14-15 and was awarded a contract by the Mayor and M Common Council on March 3, 2014 by Resolution 2014-52, in the amount of $200,000 ("Agreement"); and ° z NOW,THEREFORE, the parties hereto agree as follows: E 1, Section 2, Compensation and Expenses of the Agreement is hereby amended to Q increase the payment by $200,000 to VI:?NDOR up to an amount not to exceed E $400,000. n: r 2. All other terms and conditions of the Agreement shall remain in full force and Q effect. Exhibit "A" Packet Pg. 178 2014-400 EXHIJ31T"A„ FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL FOR STR.I:ET LIGHT REPAIR SERVICES IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. Dated: 2014 QTY�LIG IT EC;TRICAL as L By: �' N d Name/1'st3e: is d N rn c Dated: ,2014 CITY OF SAN 13�IZ ARDINC By: w All Parker, City Manager y d a� L V _ M Approved as to form: Gary D. Saen , City Attorney By: z 7 as E .a _ d E Q _ m E t v ea Q Exhibit"A" Packet Pg.:179 RESOLUTION NO. 2014-400 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO 3 APPROPRIATE AN ADDITIONAL. $200,000 '1`0 ACCOUNT NO. 126-400-0092-5502 "PROFESSIONAL/CONTRACTUAL SERVICES" USING PREVIOUSLY UNALLOCATED 4 HUTA (GAS TAX) FUNDS (FUND 126); AMEND TITE FY 207415 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST AMENDMENT TO THE 5 AGREEMENT WITH QUALITY LIGHT ANI) ELECTRICAL; AND INCREASE ANNUAL PURCHASE ORDER NO. 2015-61 FOR AN AMOUNT NOT TO EXCEED $400,000 FOR S'T'REET LIGHT REPAIR SERVICES, E 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BE,RNARDINO AS FOLLOWS: a d 9 SECTION 1. The City Manager and the Director of Finance are hereby authorized a� 1.0 co and directed to amend the FY 2014-15 Budget and appropriate an additional $200,000 to c 11 Y Account No. 126-400-0092-5502 "Professional/Contractual Services" for street light repair rn 12 J 13 services from previously unallocated HUTA(Gas Tax) funds(Fund 126). d rn 1.4 SECTION 2. The City Manager is hereby authorized and directed to execute a First N d 15 Amendment to an Agreement with Quality Light and Electrical, a copy of which is attached 16 and incorporated herein as Exhibit"A",in the total amended amount of$400,000 with two(2) � 17 one-year extensions at the City's option. c 1s SECTION 3. The Director of Finance or his/her designee is hereby authorized and 19 0 N 20 directed to increase Annual Purchase Order No. 2015-61 for an amount not to exceed d 21 $400,000, which shall reference this Resolution and shall incorporate the terms and conditions m 22 of this Agreement. 23 I° SECTION 4. The authorization to execute the above-referenced Agreement is Q 24 25 rescinded if it is not executed by both parties within sixty (60) days of the passage of this 26 Resolution. 27 IIl 28 Packet Pg. 180 5.O.d RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CI'T'Y OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE: TO 2 APPROPRIATE AN ADDITIONAL 5200,000 TO ACCOUNT NO. 126-400-0092-5502 "PROFESSIONAL/CONTRACTUAL SERVICES" USING PREVIOUSLY UNALLOCATED 3 HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-15 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST AMENDMENT TO THE 4 AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL; AND INCREASE ANNUAL PURC14ASE ORDER NO. 2015-61 FOR AN AMOUNT NOT TO EXCEED $400,000 FOR 5 STREET LIGHT REPAIR SERVICES. r G = 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 i and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on a, 8 a the 17th day of November,201.4,by the following vote, to wit: 9 Z d 10 Council Members: AYES NAYS ABSTAIN ABSENT co rn 11 MARQUEZ — X— _ _ _ _..__ . _. a, 12 BARRIOS X m VALDIVIA X co 14 _ �- 4) SHORETT X L 15 c 16 NICKEL _X rn N 1.7 JOHNSON _.X 0 18 MULV IHILL X 19 CD N O 20 George n Hanna,Cff Clerk r cr. 21 The foregoing resolution is hereby approved this 21 clay of No 2014. 22 • tiLG uv v 23 R. CAREY D IS,Mayor 24 City of San B ��;zardino Q Approved as to form: 25 GARY D. SAENZ City Attorney 26 I3yi. 4 27 28 Packet Pg.,181 /-U14-DL 5.O.e VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES This VENDOR Service Agreement is entered into this 3rd day of March, 2014, by anc between Quality Light and Electrical ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous _ a� and in the best interest of the CITY to contract for street light repair services and; E a� L WHEREAS, The City of San Bernardino did solicit and accept quotes from available N a� VENDORs for such street light repair services; and a� WHEREAS, VENDOR is the lowest bidder to provide said service to City; and NOW,THEREFORE, the parties hereto agree as follows: d a� 1. SCOPE OF SERVICES. as U) For the remuneration stipulated, San Bernardino hereby engages the services of _ VENDOR to provide those services as set forth in RFQ F-14-15, a copy of which is on file in N the Public Works Department and a copy of the Price Form is attached hereto as Attachment y "1"and incorporated here by this reference. d 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall Q pay the VENDOR up to the amount of $200,000 for street light repair services pursuant to RFQ F-14-15. b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit"A" 1 Packet Pg. 182 ZU14-JZ 5.O.e 3. TERM; TERMINATION. The term of this agreement shall be from March 3, 2014 through June 30, 201.4, witl two (2) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30,2016. 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 amended by written c a agreement of the parties executed on or before the date of expiration of current term of the d a� a� agreement. Q N d V 4. INDEMNITY. co VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, LM s agents or representatives, free and harmless from all claims, actions, damages and liabilities of d as any kind and nature arising from bodily injury, including death, or property damage, based or d asserted upon any or alleged act or omission of VENDOR, its employees, agents, or c subcontractors, relating to or in any way connected with the accomplishment of the work or o� N performance of service under this Agreement, unless the bodily injury or property damage was M actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at a its own expense, including attorney's fees the City, its elected officials, employees, agents or Q representatives from any and all legal actions based upon such actual or alleged acts or omissions. VENDOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the VENDOR relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. Exhibit "A" 2 Packet Pg. 183 2014-52 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 automobil( liability insurance, in the amount of $1,000,000.00 combined single limit, and statutorl worker's compensation coverage, and shall file copies of said policies with the CITY's Risl Manager prior to undertaking any work under this Agreement. CITY shall be set forth as ar additional named insured in each policy of insurance provided hereunder. The Certificate of _ a� Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. U 6. NON-DISCRIMINATION. as rn In the performance of this Agreement and in the hiring and recruitment of employees, S VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, d d discrimination in employment of persons because of their race, religion, color, national origin, C a� ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or P sexual orientation, or any other status protected by law. N 7. INDEPENDENT CONTRACTOR. N VENDOR shall perform work tasks provided by this Agreement, but for all intents and c E purposes VENDOR shall be an independent contractor and not an agent or employee of the �a CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of d 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 license, if any are required, in connection with the services to be performed hereunder. Exhibit"A" 3 Packet Pg. 184 2014-52 5.O.e written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voic and shall constitute a breach of this Agreement and cause for the termination of thi Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOF of VENDOR's obligation to perform all other obligations to be performed by VENDOF hereunder for the term of this Agreement. 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with thi,' c a Agreement shall be tried and litigated either in the State courts located in the County of Sar, 0 Bernardino, State of California or the U.S. District Court for the Central District of California; N Riverside Division. The aforementioned choice of venue is intended by the parties to be Cn mandatory and not permissive in nature. 12. GOVERNING LAW. d d This Agreement shall be governed by the laws of the State of California. can a� 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement ; o N d' and their respective heirs, representatives, successors, and assigns. a 14. HEADINGS. c d 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 a provisions. 15. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any Exhibit "A" 5 Packet Pg. 185 2014--52 other circumstance, and the remaining provisions of this Agreement shall remain in full forcf and effect. 16. 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. d E a� a� L a� Q d rn c T J r N L b+ d R L V M N N y.i C d E .0 V Q Exhibit«A„ 6 Packet Pg. 186 2014-52 5.O.e VENDOR SERVICE AGREEMENT BETWEEN QUALITY LIGHT AND ELECTRICAL AND THE CITY OF SAN BERNARDINO IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day anc date set forth below. Dated: //o , 2014 ALI Y LI T A ELECTRICAL 7— T B): _ Its: ?e� a E a� d L Dated 2014 CITY OF SAN nURNARDIN0 a a� g By: z All J. Parker,City Manager Approved as to Form: _ Gary D. Saenz, City Attorney J d By: m m L M o� N W r�+ _ d E V R Y Q Exhibit"A" 7 Packet Pg.'187 5.O.f RESOLUTION NO. 2014-52 1 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 WITH TWO (2) ONE-YEAR 4 EXTENSIONS AT THE CITY'S OPTION TO QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES. 5 WHEREAS, Quality Light and Electrical was determined to be the lowest bidder for 6 the street sight repair services. 7 $ BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a 9 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized .2 10 n 11 and directed to execute on behalf of said City a Vendor Service Agreement between the City c 12 of San Bernardino and Quality Light and Electric, a copy of which is attached hereto, marked . r d 13 Exhibit"A", and incorporated herein by reference as fully as though set forth at length. 2 co 14 SECTION 2. That pursuant to this determination the Director of Administrative a� 15 Services or his designee is hereby authorized to issue an annual purchase order to Quality E 16 M 17 Light and Electrical in the amount of$200,000 with two (2)one-year extensions at the City's N N 1$ option. � 19 SECTION 3. The Purchase Order shall reference this Resolution Number and shall c 20 read, "Quality Light and Electrical for street light repair services. Agreement not to exceed W 21 $200,000"and shall incorporate the terms and conditions of the agreement. E 22 23 SECTION 4. The authorization to execute the above referenced Purchase Order and Q 24 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the 25 passage of this resolution. 26 UI 27 111 28 Packet Pg. 188 5.O.f 2014-52 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO QUALITY LIGHT AND ELECTRICAL 3 FOR STREET LIGHT REPAIR SERVICES. 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting 6 thereof,held.on the -j,d day of March ,2014,by the following vote,to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT a, a N 9 MARQUEZ _ x 10 BARRIOS x — CO 11 VALDIVIA x 12 J 13 SHORETT _ x__- co 14 NICKEL X N 15 JOHNSON x = 16 MULVII-IILL N 17 !T_ N 18 Georg canna, Clerk c 19 N 2014., 20 The foregoing resolution is hereby approved this `7 day of March ce 21 /`- � E 22 R. CAREY DAVIS, Mayor ca 23 City of San Bernardino Q 24 Approved as to form: 25 GARY D. SAENZ, City Attorney 2 By. _ 27 28 Packet Pg. 189 I RESOI.,UTION NO. 2015-101 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $30,000 TO 3 ACCOUNT NO. 126-400-0092-5502 "PROFESSIONAL/CONTRACTUAL SERVICES" 4 USING PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE 5 AGREEMENT WITH QUALITY LIGHT AND ELECTRICALFOR STREET LIGHT REPAIR SERVICES. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager and the Director of Finance or designee, Q 9 Y g gnee, are hereby � 10 authorized and directed to amend the FY 2014-15 Budget and appropriate an additional Cn i1 $30,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" for street c 12 light repair services from previously unallocated HUTA (Gas Tax) funds(Fund 126) 13 SECTION 2. The City Manager is hereby authorized and directed to execute a Cn 14 Second Amendment to an Agreement with Quality Light and Electrical a copy of which is 15 16 attached and incorporated herein as Exhibit "A," in the total amended amount of$430,000 •• M 17 with two(2) one-year extensions at the City's option. N v 18 SECTION 3. The Director of Finance, or designee, is hereby authorized and directed ° 19 to increase Annual Purchase Order 2015-61 to an amount not to exceed $430,000, which sliall N 20 ° reference this Resolution and shall incorporate the terms and conditions of this Agreement. 21 SECTION 4. The authorization to execute the above-referenced Agreement is E 22 L 23 rescinded if it is not executed by both parties within sixty (60) days of the passage of this M a 24 Resolution. 25 26 IIl 27 28 1 Packet Pg. 190 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $30,000 TO 2 ACCOUNT NO. 126-400-0092-5502 `PROFESSIONAL/CONTRACTUAL SERVICES" USING PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) 3 AND AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE 4 AGREEMENT WITH QUALITY LIGHT AND ELECTRICALFOR STREET LIGHT REPAIR SERVICES. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 E d Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 8 a 9 18th day of May, 2015,by the following vote,to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT o ° 11 MARQUEZ X _ 12 J BARRIOS X m 13 VALDIVIA X N 14 - y 15 SHORETT X SD 16 NICKEL X M 17 JOHNSON X 18 ° MULVIHILL X Lh 19 N 20 �1C ec r 0 Georges Hanna, 6ity Clerk 21 The foregoing resolution is hereby approved this / S� 0) g g y 'pp �.�_ y of M 015. 22 2. a� 23 R. CAREY AVIS, Mayor a 24 City of San Bernardino Approved as to form: 25 GARY D. SAENZ��City Attorney 26 By' 27 28 2 Packet Pg. 191 AM 2015-101 5.O.h SECOND AMENDMENT VENDOR SERVICE AGREEMENT WITH QUALITY LIGHT AND ELECTRIC FOR STREET LIGHT REPAIR SERVICES This Second Amendment to an Agreement with Quality Light and Electric for Street Light Repair Services is entered into this 18 th day of May 2015, by and between Quality Light and Electric ("VENDOR") and the City of San as E Bernardino ("CITY" or"San Bernardino"). L tM Q V WITNESSETH: d N WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for street light repair a� L services; and as WHEREAS, VENDOR was the lowest responsible bidder for concrete c maintenance services per RFP F-14-15 and was awarded a contract by the Mayor and N d Common Council on March 3, 2014 by Resolution 2014-52, in the amount of N 6 $200,000 ("Agreement"); and ? c a� WHEREAS, the Mayor and Common Council on November 17, 2014 by as Resolution No. 2014-400 authorized the appropriation of an additional $200,000 of a Y previously unallocated HUTA (Gas Tax) funds (Fund. 126) and authorized the E execution of a First Amendment to the Agreement; and a WHEREAS, the City desires to add $30,000.00 to the amount of the Agreement; NOW, THEREFORE, the parties hereto agree as follows: Packet Pg. 192 2015-101 1. The Agreement is hereby amended to increase the payment to VENDOR by $30,000 to a total amount not to exceed $430,000. 2. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed the Agreement on the as as day and date first above written. a N d V Dated: L !' , 2015 By: co a� Quality 1,4t and El c ric s a� J a.. Dated: ,2015 CIT;en F SA RNARDINO d U) By: d J. Par er, City Manager M N d' N Approved as to Form: z° Gary D. Saenz, City Attorney E By: .-- E a E R d 2 Packet Pg. 193