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HomeMy WebLinkAbout2016-111 I RESOLUTION NO. 2016-111 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH 3 AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH QUALITY 4 LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES AMENDING THE AGREEMENT TO INCLUDE A THIRD CITY OPTION TO 5 EXTEND THE TERM TO JUNE 30, 2017. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDION AS FOLLOWS: 7 8 SECTION 1. That the City Manager is hereby authorized and directed to execute a 9 Fourth Amendment to the Vendor Services Agreement with Quality Light and Electrical for 10 Street Light Repair Services attached hereto as Exhibit "A" and incorporated herein by this 11 reference as though set forth in full. 12 SECTION 2. That the Director of Finance, or his designee, is hereby authorized and 13 14 directed to issue a one-year extension to the purchase order for the period of July 1, 2016 to 15 June 30, 2017. 16 SECTION 3. That the above authorizations are rescinded and shall be void and of no 17 further effect if the amendment is not fully executed by all parties and returned to the Office 18 of the City Clerk within sixty(60) days from the passage of this resolution. 19 20 21 /// 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH 2 AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES 3 AMENDING THE AGREEMENT TO INCLUDE A THIRD CITY OPTION TO 4 EXTEND THE TERM TO JUNE 30, 2017. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 8 6th day of June, 2016, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ X 12 BARRIOS X 13 VALDIVIA X 14 SHORETT X 15 NICKEL X 16 RICHARD X 17 18 MULV IHILL X 19 Q�- 20 George4nH,,a nna, C oc, City Clerk 21 22 The foregoing resolution is hereby approved this ' day of June, 2016. 23 1112 L'uz�l 24 R. CAREY DA IS, Mayor 25 City of San B nardino 26 Approved as to form: 27 GARY D. SAENZ, City Attorney 28 By 2 2016-111 AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES This Amendment Number Four (the "Fourth Amendment") is entered into this 6th day of .Tune , 2016, BY AND BETWEEN: The City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California(the"CITY"); AND, Quality Light and Electrical (the "VENDOR") (individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS,on March 3, 2014 pursuant to Resolution 2014-52 the CITY and VENDOR entered into that certain Agreement titled Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "Agreement); and, WHEREAS, on November 14, 2014 pursuant to Resolution 2014-400 the CITY and VENDOR entered into that certain Agreement titled First Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "First Amendment"); and, WHEREAS, on May 18, 2015 pursuant to Resolution 2015-101 the CITY and VENDOR entered into that certain Agreement titled Second Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "Second Amendment"); and, WHEREAS, on March 7, 2016 pursuant to Resolution 2016-41 the CITY and VENDOR entered into that certain Agreement titled Third Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "Third Amendment"); and, WHEREAS, CITY and VENDOR desire to further amend the Agreement for the Street Light Repair Services and desire to amend their rights, duties, and liabilities in connection with their performance thereunder. AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES Page 1 of 3 2016-111 NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows: "3. Term; Termination The term of this agreement shall be from March 3, 2014 through June 30, 2014, with three (3) 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. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. 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 agreement of the parties executed on or before the date of expiration of current term of the agreement." 2. All other terms and conditions of the Agreement shall remain in full force and effect. [Signature Page Follows] AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES Page 2 of 3 2016-111 AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTICAL FOR STREET LLIGHT REPAIR SERVICES IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 QUALITY LIGHT AND ELECTRICAL By: Its: Dated: , 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES Page 3 of 3 2016-111 AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES This Amendment Number Four (the "Fourth Amendment") is entered into this 6th day of .Tune , 2016, BY AND BETWEEN: The City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California(the "CITY"); AND, Quality Light and Electrical (the "VENDOR") (individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, on March 3, 2014 pursuant to Resolution 2014-52 the CITY and VENDOR entered into that certain Agreement titled Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "Agreement); and, WHEREAS, on November 14, 2014 pursuant to Resolution 2014-400 the CITY and VENDOR entered into that certain Agreement titled First Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "First Amendment"); and, WHEREAS, on May 18, 2015 pursuant to Resolution 2015-101 the CITY and VENDOR entered into that certain Agreement titled Second Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "Second Amendment"); and, WHEREAS, on March 7, 2016 pursuant to Resolution 2016-41 the CITY and VENDOR entered into that certain Agreement titled Third Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the "Third Amendment"); and, WHEREAS, CITY and VENDOR desire to further amend the Agreement for the Street Light Repair Services and desire to amend their rights, duties, and liabilities in connection with their performance thereunder. AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES Page 1 of 3 2016-111 NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows: "3. Term; Termination The term of this agreement shall be from March 3, 2014 through June 30, 2014, with three (3) 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. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. 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 agreement of the parties executed on or before the date of expiration of current term of the agreement." 2. All other terms and conditions of the Agreement shall remain in full force and effect. [Signature Page Follows] AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES Page 2 of 3 2016-111 AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTICAL FOR STREET LLIGHT REPAIR SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: (a , 2016 QUALITY LIGHT ELECTRICAL By: Its: 1 Dated: jAht,l , 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES Page 3 of 3