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HomeMy WebLinkAbout2018-0341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-34 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE EXECUTION OF THE SIXTH AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute a Sixth Amendment to the Vendor Services Agreement with Quality Light and Electrical for Street Light Repair Services attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full. SECTION 2. The Director of Finance, or his designee, is hereby authorized and directed to issue a five (5) month extension to the purchase order for the period of February 1, 2018, to June 30, 2018, in an amount not to exceed $275,880.64. SECTION 3. The above authorizations are rescinded and shall be void and of no further effect if the Amendment is not fully executed it by all parties and returned to the Office of the City Clerk within sixty (60) days from the passage of this Resolution. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE EXECUTION OF THE SIXTH AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 7th day of February 2018, by the following vote, to wit: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS X CS X x(m ) ABSTAIN ABSENT -L- lzez C---6 , eorgeann JAanna, CMC City Clerk The foregoing Resolution is hereby approved this 7h day of February 2018. /j1�o. P . Tom•-, R. rey Davis, Mayor 'City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 2 AMENDMENT NUMBER SIX TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES This Amendment Number Six (the "Sixth Amendment") is entered into this 7`'' day of February 2018, BY AND BETWEEN: The City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 290 North "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 a Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services ( the " Agreement"); WHEREAS, on November 14, 2014 pursuant to Resolution 2014-400 the CITY and VENDOR entered into a 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"); WHEREAS, on May 18, 2015 pursuant to Resolution 2015- 101 the CITY and VENDOR entered into the 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"); WHEREAS, on March 7, 2016 pursuant to Resolution 2016- 41 the CITY and VENDOR entered into the 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"); WHEREAS, on June 6, 2016 pursuant to Resolution 2016- 111 the CITY and VENDOR entered into the Fourth Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services ( the " Fourth Amendment"); and, WHEREAS, on September 20, 2017 pursuant to Resolution 2017- 180 the CITY and VENDOR entered into the Fifth Amendment to Vendor Service Agreement Between the City of San Bernardino and Quality Light and Electrical for Street Light Repair Services ( the " Fifth 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. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. Section 2. Compensation and Expenses; Compensation and Expenses of the Agreement shall be amended to read as follows: Page 1 of 2 AMENDMENT NUMBER SIX TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY LIGHT AND ELECTRICAL FOR STREET LIGHT REPAIR SERVICES "2. Compensation and Expenses a. For the services delineated above, the CITY, upon presentation of the invoice, shall pay the VENDOR up to the amount of $275,880.64 for FY 2017-18 for fifth extension option for street light materials, supplies & labor pursuant to RFQ F-14-28. b. No other expenditures made by the VENDOR shall be reimbursed by CITY. 2. 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 and one (1) seven-month extension 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. Option seven-month extension, if exercised, shall be July 1, 2017 through January 31, 2018. Option five-month extension, if exercised, shall be February 1, 2018 through June 30, 2018. 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." All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: OZ _" / 3 J 2018 Dated: 2018 LIGHTAN❑ ELECTRICAL Its: CITY OF S BERNARDINO By: A ) A V/, 'di d4 A Andrea M. Miller, City Manager APPROVED AS TO FORM: ATTEST: Gary D. Saenz, City Attorney By: �a, � -- Georgeann Hddna, CMC, City 6 erk Page 2 of 2