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HomeMy WebLinkAbout05.M- Public Works 5.M RESOLUTION (ID # 4443) DOC ID: 4443 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Chris Alanis M/CC Meeting Date: 06/06/2016 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 Execution of a Fourth Amendment to the Vendor Services Agreement with Quality Light and Electrical for Street Light Repair Services Amending the Agreement to Include a Third City Option to Extend the Term to June 30, 2017. (#4443) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>> Account Description: <<Insert Account Description>> Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 3/7/16 - Resolution 2016-41 - The Mayor Common Council authorized the appropriation of$200,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" 1 using previously unallocated HUTA (Gas Tax) Funds (Fund 126) and authorized the execution of a Third Amendment to the Agreement with Quality Light and Electrical for 1 street light repair services. 5/18/15 - Resolution 2015-101 - The Mayor and Common Council authorized the appropriation of$30,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" using previously unallocated HUTA (Gas Tax) Funds (Fund 126) and authorized the execution of a Second Amendment to the Agreement with Quality Light and Electrical for street light repair services. 11/17/14 - Resolution 2014-400 - The Mayor and Common Council authorized and directed the Director of Finance to appropriate an additional $200,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" using previously unallocated HUTA (Gas Tax) Funds (Fund 126); amend the FY 2014-15 Budget accordingly; and authorized the execution of a First Amendment to the Agreement with Quality Light and Electrical; and increased Annual Purchase Order No. 2015-61 for an amount not to 1 Updated: 5/26/2016 by Georgeann "Gigi" Hanna A Packet Pg.445 S.M 4443 exceed $400,000 for street light repair services. 4/3/14 - Resolution 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 Electrical for street light repair services. Background: The Public Works Department, Operations & Maintenance Division, is responsible for maintaining approximately 7,200 street lights throughout the City. As part of a larger effort to return the City's street lighting to a manageable level of operation and repair, the Mayor and Common Council approved a Vendor Services Agreement with Quality Light and Electrical for repair of the City's street lights. Quality Light and Electrical also has a Vendor Purchase Agreement with the City to provide materials and supplies for street light repair. The current Agreement for materials and supplies has options that allows the City to renew the agreement annually through June 30, 2017. In order to make both agreements expire at the same time, staff is requesting that the Vendor Services Agreement be extended through June 30, 2017. Staff is requesting that the Mayor and Common Council authorize the execution of a Fourth Amendment to the Vendor Services Agreement with Quality Light and Electrical for Street Light Repair Services amending the Agreement to include a third City option to extend the term to June 30, 2017. City Attorney Review: Supporting Documents: Reso (DOC) Agrmt 4443 (PDF) Reso 2016-41 (PDF) Amendment No. 3 Service Agreement (PDF) Resol2015-101 (PDF) Amendment No. 2 Service Agreement (PDF) Reso 2014-400 (PDF) Amendment No. 1 Service Agreement (PDF) Reso 2014-52 (PDF) Vsa (PDF) 1 1 1 1 Updated: 5/26/2016 by Georgeann "Gigi" Hanna A Packet Pg.446 I RESOLUTION NO. 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 s 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. 3 12 SECTION 2. That the Director of Finance, or his designee, is hereby authorized and E 13 directed to issue a one-year extension to the purchase order for the period of July 1, 2016 to 14 a d June 30, 2017. 15 x w 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 p 18 of the City Clerk within sixty(60) days from the passage of this resolution. u 19 20 U R 21 /// Q 22 /// 23 24 25 26 27 28 1 Packet Pg.447 5.M.a 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 meeting 8 thereof, held on the day of , 2016,by the following vote, to wit: F; T 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ 12 BARRIOS w E 13 VALDIVIA d L 14 SHORETT -tea 15 x NICKEL w 16 M RICHARD 17 0 18 MULVIHILL 0 d 19 d E 20 Georgeann Hanna, City Clerk w 21 a The foregoing resolution is hereby approved this day of 12016. 22 23 24 R. CAREY DAVIS, Mayor City of San Bernardino 25 Approved as to form: 26 GARY D. SAENZ, City Attorney 27 By: 28 2 Packet Pg.448 AMENDMENT NUMBER FOUR TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR r STREET LIGHT REPAIR SERVICES This Amendment Number Four (the "Fourth Amendment") is entered into this day of 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 w referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the 3 "PARTIES"). v w WITNESSETH : 3 as WHEREAS, on March 3, 2014 pursuant to Resolution 2014-52 the CITY and VENDOR entered into 0 that certain Agreement titled Vendor Service Agreement Between the City of San Bernardino and a, Quality Light and Electrical for Street Light Repair Services (the"Agreement); and, w WHEREAS, on November 14, 2014 pursuant to Resolution 2014-400 the CITY and VENDOR w entered into that certain Agreement titled First Amendment to Vendor Service Agreement Between M the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the 1T "First Amendment"); and, 7t- M WHEREAS, on May 18, 2015 pursuant to Resolution 2015-101 the CITY and VENDOR entered y into that certain Agreement titled Second Amendment to Vendor Service Agreement Between the E City of San Bernardino and Quality Light and Electrical for Street Light Repair Services (the a "Second Amendment"); and, E 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 l of 3 Packet Pg.449 5.M.b NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained s herein,the PARTIES hereby agree as follows: l 1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows: 43. 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 .Tune 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 J 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 3 agreement." CY 2. All other terms and conditions of the Agreement shall remain in full force and effect. [Signature Page Follows] L a r X w M v M d' r+ E L a d E _ V a 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 Packet Pg.450 5.M.b 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: cY 3 Dated: , 2016 CITY OF SAN BERNARDINO d L By: Mark Scott, City Manager w X W Cl) APPROVED AS TO FORM: Gary D. Saenz,City Attorney M By. E L a E a 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 Packet Pg.451 1. RESOLUTION NO, 2016-4I_ 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL. OF THE CITY OF SAN BEI3NAR1)INO AUTHORIZING THE APPROPRIATION OF $150,000 OF 3 PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE AGREEMENT WITH QUALITY LIGHT AND ELEC'T'RIC FOR STREET LIGHT 5 REPAIR SERVICES. G BE IT RESOLVED BY TILE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a� 8 SECTION 1. The City Manager and the Director of Finance, or designee, are hereby 9 authorized and directed to amend the FY 2015-16 Budget and appropriate an additional s 10 $150,000 to Account No. 126-400-0092-5502 "1'roi:essional/Contractual Services" for street. 3 11 light repair services from previously unallocated ]iUJA(Gas Tax) funds (Fund 126). d 12 SECTION 2. 'rhe City Manager is hereby authorized and directed to execute a Third 1.3 � Ainendment to an Agreement. with Quality Light and Electrical, a copy of which is attached x 14 w 15 and incorporated herein as Exhibit"A," in the total amount of$595,000. � 16 SECTION 3. The Director of Finance, or designee, is hereby authorized and directed T 17 to increase Annual Purchase Order 2016-88 to an amount not to exceed $595,000, which shall c 18 0 reference this Resolution and shall incorporate the tennis and conditions of this Agreement. 19 w 20 SECTION 4. The authorization to execute the above-referenced Agreement is d 21 rescinded if it is not executed by both parties within sixty (60) days of the passage of this w 22 Resolution. 23 24 25 26 27 28 /fl 1 Packet Pg.452 ,m, :.:...:. ..;.._.,.,,._..ra,;..,. ....cH:.f•�`, °u;7;:s.,.;,^w,:;a;;:ss, ....uaz,s;stM -v:,• r-v�+:•*�s.�v.'•:w. ,:>k..,, , .....:...., .,..-:x;.,...:st...-,•. ..,.;;>«::: .0 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OIL THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF 5150,000 OF 2 PREVIOUSLY UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE 3 AGREEMENT WITH QUALI'T'Y LIGHT AND ELECTRIC FOR STREET LIGHT 4 REPAIR SERVICES. 5 6 I IJEREBY CI RTII"Y that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on a, 8 the 7"'day of March,2016,by the following vote,to wit: w 9 3 Council Members: AYES NAYS ABSTAIN ABSENT Y 10 3 11. MARQUEZ X E 1.2 BARRIOS h rn Q 13 VALDIVIA X — X 14 SI-IORE'1"I' X w NICKEL X RICHARD X 17 Ck 18 MULVII IILX., _X T _.__..._ _ o U) 19 w 20 �. E 21 Georgea Iiania,CAC,SIC, City Clerk o 22 a The foregoing resolution is hereby approved this / _stay of Marc l ?O1 C. 23 24 I 25 R. CAREY AVIS,Mayor City of Sar ernardina 26 Approved as to form: 1 27 GARY D. SAENZ,City Attorney 28 By = 2 Packet Pg. 453 2016-41 a Is 5.M.d 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 Zja day of.....Marry _ 2016, a� by and between Quality Light and Electric ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino'). 3 c m WITNESSETH: d WHEREAS, the Mayor and Common Council has determined that it is Q c advantageous and in the best interest of the CITY to contract for street light repair w M services; and WHEREAS, VENDOR was the lowest responsible bidder for street light E repair services per RFP F-14-15 and was awarded a contract by the Mayor and a rn a Common Council on March 3, 2014 by Resolution 2014-52, in the amount of $200,000 ("Agreement"); and M WHEREAS, the Mayor and Common Council on November 17, 2014 by z c CD Resolution No. 2014.400 authorized the appropriation of an additional $200,000 of E previously unallocated HUTA (Gas Tax) funds (Fund 126) and authorized the E w c execution of a First Amendment to the Agreement; and WHEREAS,the Mayor and Common Council on May 1.8, 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 t Packet Pg.454 2016-41 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 r VENDOR by $165,000 to a total amount not to exceed$595,000. � J 2. All other terms and conditions of the Agreement shall remain in full force and 0 effect. _ 3 w _ d E d IN WITNESS THEREOF, the parties hereto have executed the Agreement on the a day and date first above written. d X W M d' Dated: r- " , 2016 By: V.4�- Quality Li and El ric E d d L Dated: 19j" /,S— ,2016 CITY OF SAN BERNARDIN© By: Z�1-101t in Mark Scott,City Manager M 6 z w c CD E d Approved as to Dorm: E d By: y D. Saenz, City Attorney 2 Packet Pg.455 RESOLUTION NO. 2015-101 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OI< 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 11' RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: aM i 8 r SEC'T'ION 1. The City Manager and the Director of Finance, or designee, are hereby 9 0 10 authorized and directed to amend the FY 2014-15 Budget and appropriate an additional .3 11 $30,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" for street C E 12 light repair services from previously unallocated HUTA (Gas Tax) funds (Fund 126) a a� 13 a SECTION 2. The City Manager is hereby authorized and directed to execute a = 14 Second Amendment to an Agreement with Quality Light and Electrical, a copy of which is w 15 attached and incorporated herein as Exhibit "A," in the total amended amount of$430,000 It 16 17 with two (2)one-year extensions at the City's option. o 18 SECTION 3. The Director of Finance, or designee, is hereby authorized and directed N 0 19 to increase Annual Purchase Order 2015-61 to an amount not to exceed $430,000, which shall 20 reference this Resolution and shall incorporate the terms and conditions of this Agreement. 21 E SECTION 4. The authorization to execute the above-referenced Agreement is 0 22 23 rescinded if it is not executed by both parties within sixty (60) days of the passage of this a 24 Resolution. 25 /lI 26 27 28 � 1 Packet Pg. 456 5:Me 1 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 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 18th day of May, 2015, by the following vote, to wit: s 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ X W 12 BARRIOS X a 13 14 VALDIVIA X X SHORETT X w 15 __ M v 16 NICKEL X 17 JOHNSON X r O 18 MULVIHILL X o 19 20 GcorgemA Hanna, City Clerk 21 The foregoing resolution is hereby approved this� _ y of M 015. ca 22 2 a 23 —�-- R. CAREY AVIS, Mayor 24 City of San Bernardino Approved as to form: 25 GARY D. SAENZ,City Attorney 26 ny. ..� 27 28 2 Packet Pg.457 2015-101 5.M.f 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 18th day of May 2015, s by and between Quality Light and Electric ("VENDOR") and the City of San Bernardino("CITY" or"San Bernardino"). cY r c a� WITNESSETH: d d WHEREAS, the Mayor and Common Council has determined that it is c m advantageous and in the best interest of the CITY to contract for street light repair w M services; and RT WHEREAS, VENDOR was the lowest responsible bidder for concrete E d maintenance services per RFP F-14-15 and was awarded a contract by the Mayor and a, a Common Council on March 3, 2014 by Resolution 2014-52, in the amount of d $200,000 ("Agreement"); and N 6 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 previously unallocated HUTA (Gas Tax) funds (Fund 126) and authorized the a c execution of a First Amendment to the Agreement; and E U R WHEREAS, the City desires to add $30,000.00 to the amount of the Agreement; NOW, THEREFORE,the parties hereto agree as follows: t Packet Pg.458 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. s J A IN WITNESS THEREOF, the parties hereto have executed the Agreement on the .a cY day and date first above written. 3 c -� E ; d Dated: , 2015 By: a� Quality Lig t and El cs ric c as w X w Dated: , 2015 CITY OF SAN RNARDINO 0 By: z 5 61401 W Alifen J. Par er, City Manager E L Q d V Approved as to Form: in Gary D. Saenz, City Attorney `" 6 z w c t E By: E a c E s w r a 2 Packet Pg. 459 5.M.g 1 RESOLUTION NO. 2014-400 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OIL FINANCE TO 3 APPROPRIATE AN ADllITIONAL $200,000 TO ACCOUNT NO. 126-400-0092-5502 "PROFESSIONAL/CONTRACTUAL SERVICES" USING PREVIOUSLY UNALLOCATED 4 I1UTA (GAS TAX) FUNDS (FUND 126); AMEND THE I+V 2014-15 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST AMENDMENT `I'O THR 5 AGREEMENT WITH QUALITY LIGHT AND EI.,ECTRICAL; AND INCREASE ANNUAL G PURCHASE ORDER NO. 2015-61 FOR AN AMOUNT NOT TO EXCEE-D $400,000 FOR STREET LIGHT REPAIR SERVICES. w ICE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION I. The City Manager and the Director of finance are hereby authorized v 1.0 and directed to amend the FY 2014-15 Budget and appropriate an additional $200,000 to 3 11 d Account No. 126-400-0092-5502 "Professional/Contractual Services" for street light repair E 12 13 services from previously unallocated 1:1UTA(Gas Tax) funds (Fund 126). Q .� 14 SECTION 2. The City Manager is hereby authorized and directed to execute a First w X w 15 Amendment to an Agreement with Quality Light and Electrical, a copy of which is attached v 16 and incorporated herein as Exhibit"A", in the total amended amount of$400,000 with two(2) �- 17 0 one-year extensions at the City's option. 18 0 SECTION 3. The Director of Finance or his/her designee is hereby authorized and N m 20 directed to increase Annual Purchase Order No. 2015-61 for an amount not to exceed c 21 $400,000, which shall reference this Resolution and shall incorporate the terms and conditions E t 22 of this Agreement. •� 23 a SECTION 4. The authorization to execute the above-referenced Agreement is 24 1 25 rescinded if it is not executed by both parties within sixty (60) days of the passage of this 26 Resolution. 27 28 NNW Packet Pg.460 S.M.g I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO 2 APPROPRIATE AN ADDITIONAL $200,000 TO ACCOUNT NO. 126-400-0092-5502 "PROFESSIONAL{CONTRAC'T'UAL SERVICES" USING PREVIOUSLY UNALLOCATED 3 HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-I5 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST AMENDMENT TO THE 4 AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL; AND INCREASE ANNUAL PURCHASE ORDER NO. 2015-61 FOR AN AMOUNT" NOT TO EXCEED $400,000 FOR 5 STREET LIGHT REPAIR SERVICES. 6 1 HEREBY CER'T'IFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a joint regular meeting thereof,held on 8 ' the 17th day of November,2014,by the following vote,to wit: 9 v 10 Council Members: AYES NAYS ABSTAIN ABSENT 3 11 MARQUEZ X _._ _.. °D as 12 BARRIOS X a, 13 a VALDIVIA X 14 --__ SHORLTT X w 16 NICKEL X Z! 17 JOHNSON X - _ -_ v 18 � MULVIHILL X N 19 A;7- (n 20 George` n Hamia,Cff Clerk S I-° ' 21 The foregoing resolution is hereby approved this d•y of Nove r, 2014. U 22 � vGG 'ui Q 23 R. CAREY DAIVIS,Mayor 24 City of Sacs B rzardino Approved as to form: 25 GARY D. SAENZ City Attorney 27 28 Packet Pg.461 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 17tlklay of November 2014, by and between Quality Light and Electrical ("VENDOR") and the City of San Bernardino ("CI'T'Y"or"San Bernardino'). c� 3 r _ m WITNESSETH: a� L WHEREAS, the Mayor and Common Council has determined that it is a c advantageous and in the best interest of the CITY to contract for street light repair w services; and WHEREAS, VENDOR was the lowest responsible bidder for street light � 'WOW E repair services per RFP I'-14-15 and was awarded a contract by the Mayor and 0 rn Common Council on March 3, 2014 by Resolution 2014-52, in the amount of � $200,000 ("Agreement"); and a� NOW,THEREFORE, the parties hereto agree as follows: o z r _ 1. Section 2, Compensation and Expenses of the Agreement is hereby amended to E increase the payment by $200,000 to VENDOR up to an amount not to exceed E a $400,000. C E 2. All other terms and conditions of the Agreement shall remain in full force and effect. Q Exhibit "A" Packet Pg.462 2014-400 EXHIBIT" "A" ® FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES IN WITNESS THEREOF,REOF, the parties hereto have executed the Agreement on the day and date first above written. Dated: �� - ' >2014 Q Y I.IGIIT AN ,ECTRICAL 13y: �s 3 c Nameffit:le: E w L a Dated: �,2014 CITY OF SAN I3�R ARDINO ? X By: All- . . Parker, City Manager E a� L Approved as to form: Gary D. Saenz, City Attorney O z r.d D E E a w E U R r w a Exhibit "A" Packet Pg.463 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 WITII 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 7 the street sight repair services. $ BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: w SECTION 1. The City Manager of the City of San Bernardino is hereby authorized C13' 10 11 and directed to execute on behalf of said City a Vendor Service Agreement between the City 3 12 of San Bernardino and Quality Light and Electric, a copy of which is attached hereto, marked E d a� 13 Exhibit "A", and incorporated herein by reference as fully as though set forth at length. a c 14 SECTION 2. That pursuant to this determination the Director of Administrative w 15 Services or his designee is hereby authorized to issue an annual purchase order to Quality v 16 17 Light and Electrical in the amount of$200,000 with two (2)one-year extensions at the City's C14 0 lg option. N 0 19 SECTION 3. The Purchase Order shall reference this Resolution Number and shall 20 read, "Quality Light and Electrical for street light repair services. Agreement not to exceed E 21 L $200,000"and shall incorporate the terms and conditions of the agreement. 22 a SECTION 4. The authorization to execute the above referenced Purchase Order and 23 24 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the 25 passage of this resolution. 26 1H 27 111 28 Packet Pg.464 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 I 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 3rd.day of March ,2014,by the following vote,to wit: _ 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x ' 10 BARRIOS _x_ 3 11 VALDIVIA X - E 12 m 13 SHORETT _X_ Q c 14 NICKEL __x r w 15 J014NSON x — — 16 MULVIHILL x —.- N 17 d. 18 .L� N George 1 anna, Clerk ° N 19 20 The foregoing resolution is hereby approved this 7 day of March , 2014. w c CD 21 `f = 22 R. CAREY DAVIS,Mayor Q 23 City of San ernardino 24 Approved as to form: GARY D. SAENZ, 25 City Attorney 26 By., 27 28 Packet Pg.465 2014-s2 5.M.j 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 and in the best interest of the CITY to contract for street light repair services and; J WHEREAS, The City of San Bernardino did solicit and accept quotes from available VENDORs for such street light repair services; and cY 3 WHEREAS, VENDOR is the lowest bidder to provide said service to City; and a� E NOW, THEREFORE, the parties hereto agree as follows: a) 0 1. SCOPE OF SERVICES. w For the remuneration stipulated, San Bernardino hereby engages the services of w co VENDOR to provide those services as set forth in RFQ F-14-15, a copy of which is on file in Nr the Public Works Department and a copy of the Price Form is attached hereto as Attachment > c "I" and incorporated here by this reference. U 2. COMPENSATION AND EXPENSES. w Q a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $200,000 for street light repair services pursuant to RFQ F-14-I5. b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit"A" I Packet Pg.466 2014-52 5.M.j 3. TERM; TERMINATION. The term of this agreement shall be from March 3 2014 through June 30 2014 wi g , g tl two (2) one-year extensions at the City's option. Option year one, if exercised, shall bf 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 b3 either party. The terms of this Agreement shall remain in force unless amended by writter agreement of the parties executed on or before the date of expiration of current term of the f a� J agreement. a 76 4. INDEMNITY. VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees; agents or representatives, free and harmless from all claims, actions, damages and liabilities of rn any kind and nature arising from bodily injury, including death, or property damage, based or �0 C 2 asserted upon any or alleged act or omission of VENDOR, its employees, agents, or w M subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was > u actually caused by the sole negligence of the City, its elected officials, employees, agents or E U 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 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.467 2014-52 5.M.j 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreeinenl 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 statutor, 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 o: Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior J to any change in or termination of the policy. b. NON-DISCRIMINATION. a In the performance of this Agreement and in the hiring and recruitment of employees, E VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, L Q discrimination in employment of persons because of their race, religion, color, national origin, a� r ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or w M sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. > u VENDOR shall perform work tasks provided by this Agreement, but for all intents and E s 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 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.'468 2014-52 5.M.j 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; Agreement shall be tried and litigated either in the State courts located in the County of Sar J 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. _ Q E 0 1.2. GOVERNING LAW. � a This Agreement shall be governed by the laws of the State of California. _ X 13. SUCCESSORS AND ASSIGNS. w M This Agreement shall be binding on and 'inure to the benefit of the parties to this Agreement v Cz and their respective heirs, representatives, successors, and assigns. > 14. HEADINGS. E The subject headings of the sections of this Agreement are included for the purposes of Q convenience only and shall not affect the construction or the interpretation of any of its provisions. 15. SEVERABILITY. 1 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 1 enforceability of the remaining terms and provisions hereof or of the offending provision in any Exhibit"A" 5 Packet Pg.469 2014-52 5.M.j other circumstance, and the remaining provisions of this Agreement shall remain in full fore( 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. w J T C� 3 c E 0 m L d X w CO v �r N i-+ C E t V cv a.+ Q Exhibit"A" 6 Packet Pg.470 2014-52 S.M.j 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 an( date set forth below. Dated: 2014 ALI Y LI I T A ELECTRICAL Its: J Dated !C/ , 2014 CITY OF SAN RNARDINO a By: ,�.�-.. c� All J. Parker, City Manager Approved as to Form: Gary D. Saenz, City Attorney d d a By: w c d r X w ch c� N C d E s U t9 a+ a Exhibit A 7 Packet,Pg.471