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HomeMy WebLinkAbout02-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTloOR1GlNAL Dept: Public Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No.2 to the Agreement and an increase to Purchase Order Number 302232 by an additional $32,400 to Fluoresco Lighting & Signs for additional streetlight maintenance services. From: Ken Fischer, Director Date: June 11, 2009 Meeting Date: June 15, 2009 Synopsis of Previous Council Action: November 3, 2008 - Resolution 2008-418, the Mayor and Common Council authorized Amendment No. 1 to the Vendor Service Agreement and increased Purchase Order No. 302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance services. June 2, 2008 - Resolution 2008-174, the Mayor and Common Council authorized a Purchase Order in the amount of $110,000 with two (2) one-year extensions to Fluoresco Lighting & Signs for streetlight maintenance services. Recommended Motion: Adopt Resolution. ~~ .... Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution, Amendment No.2 to the Vendor Service Agreement and Attachment "1" Ward: All Source: $32,400 FY 08-09 001-409-5502 (Professional/Contractual Services) FUNDING REQUIREMENTS: Amount: ~ncil Notes: Cl//1fU 54 Finance: .~I?es,,) 200'7- /74 if5t,; t,/t~/t>9) #NB/ i,//r,.,/()9 ) Agenda Item No. 2- '--' -29-09 - CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment NO.2 to the Agreement and an increase to Purchase Order Number 302232 by an additional $32,400 to Fluoresco Lighting & Signs for additional streetlight maintenance services. Backaround Fluoresco Lighting & Signs has been handling routine streetlight repair services Citywide. Routine work has included replacement of bulbs, sensors, lenses and fuses. These are usually the cause of most light outages. Additionally, Fluoresco has played a support role with non-routine work by providing technical assistance and repairs as necessary On November 3, 2008, per Resolution 2008-418, (and as part of the budget balancing measures in the Adopted FY 2008-09 Budget) the Mayor and Common Council approved Amendment No. 1 to the Vendor Service Agreement with Fluoresco Lighting and Signs and approved an increase to Purchase Order Number 302232 by $110,000 for a total amount of $220,000 for streetlight maintenance services. In addition to maintaining streetlights citywide, Fluoresco Lighting & Signs has also been maintaining the lights in the City's ball fields, which has increased our costs by approximately $32,400. This work was not factored into our original estimate with Fluoresco so in order to complete work for the remainder of this year, an amendment is needed to the contract with Fluoresco and an increase of $32,400 is needed to the City's purchase order with Fluoresco. Staff recommends that the Mayor and Common Council authorize the execution of Amendment NO.2 to the Agreement and an increase to Purchase Order Number 302232 by an additional $32,400 for streetlight maintenance services for a total not to exceed $252,400. Financial Impact Funds are available for this increase in the FY 08-09 budget, account number 001-409-5502 (Professional/Contractual Services) in the amount of $32,400. Recommendation Adopt Resolution. 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Q-.... \i \1'- ~ '-Sl c -= :2 c.. co ... N en o <:> N - CD ~ - CD 1 RESOLUTION NO. 2009-174 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 302232 4 BY AN ADDITIONAL $32,400 TO FLUORESCO LIGHTING & SIGNS FOR ADDITIONAL STREETLIGHT MAINTENANCE SERVICES. 5 WHEREAS, the current Purchase Order of $220,000 needs to be increased by 6 7 $32,400 for a total Purchase Order amount of $252,400 to cover increased costs of 8 streetlight maintenance services in FY 08-09. 9 10 11 12 13 14 15 16 17 18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Amendment to the Agreement between the City of San Bernardino and Fluoresco Lighting & Signs, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as thoug h set forth at length. SECTION 2. That pursuant to this determination the Director of Finance or her designee is hereby authorized to increase Purchase Order Number 302232 by 19 $32,400 to Fluoresco Lighting & Signs for a total amount not to exceed $252,400. 20 21 22 23 24 SECTION 3. The Purchase Order shall reference this Resolution Number and shall read, "Fluoresco Lighting & Signs for additional streetlight maintenance services. Agreement not to exceed $252,400" and shall incorporate the terms and conditions of the agreement. 25 SECTION 4. The authorization to execute the above referenced Purchase 26 Order increase and Amendment is rescinded if it is not executed by both parties within 27 28 sixty (60) days of the passage of this resolution. !j;;,/07 2009-174 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.2 TO 2 THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 302232 3 BY AN ADDITIONAL $32,400 TO FLUORESCO LIGHTING & SIGNS FOR ADDITIONAL STREETLIGHT MAINTENANCE SERVICES. 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint adjourned meeting thereof, held on the 29th day of , 2009, by the June 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a~ /;).~ Rachel G, Clark, City Clerk The foregoing resolution IS hereby approved this /.rr' July , 2009. day of 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 AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT This Agreement is entered into this 15th day of June 2009, by and between Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On November 3, 2008, per Resolution 2008-418, the Mayor and Common Council approved the increase authorizing the approval of Amendment NO.1 to the Vendor Service Agreement and increase to Purchase Order Number 302232 by $110,000 for as total amount of $220,000 to Fluoresco Lighting & Signs for streetlight maintenance services ("Agreement"), a copy of which is attached hereto as Attachment" I" and incorporated by this reference. B. The CITY and VENDOR now desire to alter the Agreement to increase the amount of the Agreement by an additional $32,400 for a total not to exceed $252,400 for FY 08-09. AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: 1. Section 2 (a) of the Agreement is amended by striking $220,000 and adding the term $252,400 for FY 08-09. 2. All other provisions of the written contract are reaffirmed as originally stated. Exhibit "A" 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 AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT FLUORESCO LIGHTING & SIGNS IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. Dated: ,2009 Fluoresco Lighting & Signs By: Dated: ,2009 CITY OF SAN BERNARDINO By: Charles E. McNeely, City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman, City Attorney Exhibit "A" 2 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 2009-174 AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT This Agreement is entered into this 15th day of June 2009, by and between F1uoresco Lighting & Signs ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On November 3, 2008, per Resolution 2008-418, the Mayor and Common Council approved the increase authorizing the approval of Amendment No. I to the Vendor Service Agreement and increase to Purchase Order Number 302232 by $110,000 for as total amount of $220,000 to Fluoresco Lighting & Signs for streetlight maintenance services ("Agreement"), a copy of which is attached hereto as Attachment "I" and incorporated by this reference. B. The CITY and VENDOR now desire to alter the Agreement to increase the amount of the Agreement by an additional $32,400 for a total not to exceed $252,400 for FY 08-09. AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: I. Section 2 (a) of the Agreement is amended by striking $220,000 and adding the term $252,400 for FY 08-09. 2. All other provisions of the written contract are reaffirmed as originally stated. I 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 2009-174 AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT FLUORESCO LIGHTING & SIGNS IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. Dated: ,2009 Fluoresco Lighting & Signs By: Dated: ,2009 CITY OF SAN BERNARDINO By: Charles E. McNeely, City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman, City Attorney 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1. 24 25 26 2. 27 28 2008-418 ATTACHMENT HIH 2009-174 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT This Agreement is entered into this 3rd day of November 2008, by and between Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On June 2, 2008, per Resolution 2008-174, the Mayor and Common Council authorized the execution of an agreement and issuance of a purchase order in the amount of $110,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. B. The CITY and VENDOR now desire to alter the Agreement to increase the amount of the Agreement by an additional $110,000 for a total not-to-exceed $220,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: Increase Purchase Order Number 302232 by an additional $110,000 for a total not-to-exceed $220,000 for FY 08-09 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. The other provisions of the written contract are reaffirmed as originally stated. 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 2008-418 2009-174 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT FLUORESCO LIGHTING & SIGNS IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. Dated: JI/z-o L ,2008 ..r-: 2008 Dated: 1uv ATTEST: BERNARDINO By: ~h.~ Rachel Clark, City Clerk Approved as to form: James F. Penman, City Attorney ^ B~<1~" i ! , I ./ 'f l Y., .. t'",.,~ 2 1 2 3 , 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT "1" (CONT'D) 2009-174 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 2nd day of June 2008, by and between Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has detennined that it is advantageous and in the best interest of the CITY to contract for streetlight maintenance services; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for streetlight maintenance services. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the servIces of VENDOR for streetlight maintenance services for all CITY streetlights as set forth in its proposal dated April 28, 2008, attached hereto, marked Exhibit "1" and incorporated herein by tlJis reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, up to $110,000 for the initial tenn from July 1, 2008 through June 30, 2009 and up to $110,000 for each additional term. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The tenn of this agreement shall be from July 1,.2008 through June 30, 2009, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1,2009 through June 30, 2010. Option year two, if exercised, shall be effective July 1, Exhibit "A" 1 2 3 " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-174 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1, 2011 through June 30, 2012. 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 mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 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 automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an Exhibit "A" 2009-174 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 additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. 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, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the 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 licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. Exhibit "A" 1 2 3 , 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-174 NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as folIows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Fluoresco Lighting & Signs 2778 Pomona Blvd. Pomona, CA 91768 Telephone: (909) 592-0870 Contact: Bryce Pennington 9. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party alI costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest. in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR Exhibit "A" 2009-174 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 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 Agreement shall be tried and litigated either in the State courts located in the County of San 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. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. 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 provIsIOns. 15. 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 instrunJent executed by all parties to this Agreement. //1 Exhibit "An 2009-174 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 VENDOR SERVICE AGREEMENT FLUORESCO LIGHTING & SIGNS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 VENDOR By: Its: ,2008 CITY OF SAN BERNARDINO Dated By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman, City Attorney Exhibit "A" c "'\ \.....- - ..,; CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of Amendment No. 1 to the Vendor Service Agreement and increase to Purchase Order Number 302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance services. Dept: Public Services Date: October 24, 2008 Meeting Date: November 3, 2008 Synopsis of Previous Council Action: June 2, 2008- Resolution 2008-174, the Mayor a Common Council authorjzed a Purchase Order in the amount of $110,000 with two (2) one-year extensions to Fluoresco Lighting & Signs for streetlight maintenance services. Recommen~ed Motion: 1) Adopt Resolution. Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution, and Amendment No.1 to the Vendor Service Agreement Ward: All FUNDING REQUIREMENTS: Amount: $110,000 Source: . FY 08-09 001-409-5502 Professional Contractual Services Finance: Council Notes: Agenda Item No. 11 tI-J-oe c "- --- -- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Su bject: . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of Amendment No. 1 to the Vendor Service Agreement and increase to Purchase Order Number 302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance services. Background: On April 28, 2008, a formal bid process was initiated per bid specification RFQ-F-08-19 and Fluoresco Lighting & Signs was the lowest qualified bid. On June 2, 2008, per Resolution 2008-174, the Mayor and Common Council authorized the execution of an agreement and issuance of a purchase order for FY 08-09 in the amount of $110,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. The City and the vendor now desire to alter the Agreement to increase the amount of the Agreement by an additional $110,000 for a total not to exceed $220,000 with two (2) one-year extensions at the City's option. - Fluoresco Lighting & Signs has been handling routine streetlight repair services Citywide. Routine work has included replacement of bulbs, sensors, lenses and fuses. These are usually the cause of most light outages. This has allowed our electricians to handle non- routine work, such as pulling new wire, transformer repair/replacement and setting new poles. Fluoresco has played a support role with non-routine work by providing technical assistance and repairs as necessary. At the conclusion of the General Fund Budget deliberations, the Common Council approved the contracting out of all streetlight repair services as a cost saving measure. This decision resulted in the deletion of three electrician positions and the addition of $110,000 to the streetlight maintenance section budget for contract maintenance services. Since this decision required contracting work not now contracted it was necessary to meet and confer with the San Bernardino Public Employees Association (SBPEA). The meet and confer session was held on September 30, 2008. Under the expanded contract, the Public Services Deputy Director/Maintenance Services or the Street SignallLighting Supervisor will administer the contract and manage all of the assignments given to the contractor. The contractor will report back once the assignments are completed. Either the Deputy Director/Maintenance Services or the Street SignallLighting Supervisor will verify assignment completion before payments are issued. Staff recommends that the Common Council authorize the approval of Amendment No. 1 to the Vendor Service Agreement and increase to Purchase Order Number 302232 by an additional $110,000 to Fluoresco Lighting & Signs for more streetlight maintenance services. Financial Impact: Once the Budget Amendment is approved, funds for this increase will be available in the FY 08-09 Budget, Account No. 001-409-5502 (Professional Contractual Services) in the amount of $110,000. Recommendation: 1) Adopt Resolution. c 1 2 3 .. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 "'" V - .,/ RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROVAL OF AMENDMENT NO.1 TO THE VENDOR SERVICE AGREEMENT AND INCREASE TO PURCHASE ORDER NUMBER 302232 BY $110,000 TO FLUORESCO LIGHTING & SIGNS FOR STREETLIGHT MAINTENANCE SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City Amendment No. 1 to the Vendor Service Agreement between the City of San Bernardino and Fluoresco Lighting & Signs, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth at length. SECTION 2. That pursuant to this determination the Director of Finance or his/her designee is hereby authorized to increase Purchase. Order 302232 by an additional $110,000 to Fluoresco Lighting & Signs for a total amount of $220,000. SECTION 3. The Purchase Order shall reference this Resolution No. 2008- and shall read, "Fluoresco Lighting & Signs for streetlight maintenance services," and shall incorporate the terms and conditions of Amendment No. 1 to the Vendor Service Agreement. SECTION 4. The authorization to execute the above referenced Purchase Order and Amendment No. 1 to the Vendor Service Agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. 11/ 11/ '):1 11/ 28 1 o v ~ .,I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPROVAL OF AMENDMENT NO.1 TO 2 THE VENDOR SERVICE AGREEMENT AND INCREASE TO PURCHASE ORDER 3 NUMBER 302232 BY $110,000 TO FLUORESCO LIGHTING & SIGNS FOR STREETLIGHT MAINTENANCE SERVICES. 4. 5 6 7 8 9 10 11 12 13 1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bemardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 21 Rachel G. Clark, City Clerk day of The foregoing resolution is hereby approved this .2008. 22 23 24 Approved as to Form: 25 " By: - 9-. ,.~.----- 26 J mes F. Penman 27 ity Attomey 28 Patrick J. Morris, Mayor 2 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I. 24 25 26 2. 27 28 u -. -' AMENDMENT NO. I TO VENDOR SERVICE AGREEMENT This Agreement is entered into this.m! day of November 2008, by and between Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On June 2, 2008, per Resolution 2008-174, the Mayor and Common Council authorized the execution of an agreement and issuance of a purchase order in the amount of $110,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. B. The CITY and VENDOR now desire to alter the Agreement to increase the amount of the Agreement by an additional $110,000 for a total not-ta-exceed $220,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: Increase Purchase Order Number 302232 by an additional $110,000 for a total not-to-exceed $220,000 for FY 08-09 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. The other provisions of the written contract are reaffirmed as originally stated. Exhibit "A" c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1. 24 25 26 2. 27 28 o -.. <Wi AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT This Agreement is entered into this 3rd day of November 2008, by and between Fluoresco Lighting & Signs ("VENDOR") and the City of San Bernardino ("CITY'; or "San Bernardino''). RECITALS A. On June 2, 2008, per Resolution 2008-174, the Mayor and Conunon Council authorized the execution of an agreement and issuance of a purchase order in the amount of $110,000 with two. (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. B. The CITY and VENDOR now desire to alter the Agreement to increase the amount of the Agreement by an additional $110,000 for a total not-to-exceed $220,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: Increase Purchase Order Number 302232 by an additional $110,000 for a total not-to-exceed $220,000 for FY 08-09 with two (2) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. The other provisions of the written contract are reaffirmed as originally stated. -....._~_..-..-- o v ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $110,000 with three (3) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. Dept: Public Services Date: May 27,2008 Meeting Date: June 2, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. ~,c'" Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Exhibit "1" Ward: All FUNDING REQUIREMENTS: Amount: $110,000 FY 08-09 001-409-5502 Professional Contractual Services Source: Finance: Council Notes: Agenda Item No. ;lq c,/J./ 08 o ~ ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $110,000 with three (3) one-year extensions at the City's option between the City of San Bernardino and Fluoresco Lighting & Signs for streetlight maintenance services. Background: In June of 2006, the Mayor and Common Council hired Management Partners, Inc. to conduct a review of the City's government. Their goal was to identify and recommend ways that the City could improve its operations in order to save money and be more efficient. The review resulted in the issuance of Recommendation No. 185, "To contract out streetlight maintenance and repair." The Public Services Street Division, Traffic Signal and Street Lighting Section handles the maintenance of approximately thirty-five hundred (3,500) city owned streetlights, electrical needs in City parks, parking structure lighting and Carousel Mall lighting. This Section has found it challenging to provide the level of services necessary to meet the need to maintain these various systems. Now would be a good time to test how a contract service may be able to complement our staff. So, we have sought bids for a company to handle routine streetlight repair services Citywide. Routine work would include replacement of bulbs, sensors, lenses, fuses, etc. These are usually the cause of most light outages. This will allow our four remaining electricians to handle non-routine work, such as pulling new wire, transformer repair/replacement, setting new poles as well as the other work mentioned above. Staff met and conferred with SBPEA representatives on this issue on March 6, 2008. Staff established a temporary purchase order with Computer Services Co. in the amount of $24,900 to cover light bulb and photocell replacement services from April 28 through June 30, 2008. On April 28, 2008 a formal bid process was initiated to solicit bids for Streetlight Maintenance Services. Notices of bids were mailed to the Chamber of Commerce and four (4) vendors. Three (3) vendors responded. The other did not submit a bid. Staff researched and found no local vendors that provide this specialized service. The vendor, business location, and hourly rate are listed below. Vendor Fluoreco Lighting & Signs Republic ITS Computer Services Co. Day Lite Maintenance Location Pomona, CA Novato, CA Corona, CA Orange, CA RFPlHourlv Rates $78.00 $85.00 $96.00 Non-responsive 1 o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued Staff has contacted the cities of Glendale, AI and Flagstaff, AI to discuss the level of services provided by Fluoresco Lighting & Signs. Both cities are satisfied with the services of Fluoresco Lighting & Signs. The Public Services Street Division will administer the contract and manage all of the assignments given to the contractor. The contractor will report back once the assignments are completed. Staff will review the completed assignments before payments are issued. The contractor may also provide technical support and repairs for streetlight outages. The contract is based on both an hourly rate and will charge for streetlight base replacement services according to the quantity of units serviced. For example, the contractor will charge an hourly rate when performing bulb replacement and $812 per base for base replacement services (see attached FRQ-08-19). Staff will budget $110,000 per year for each subsequent term if the City exercises the options set forth in the Vendor Service Agreement. Therefore, staff recommends that we enter into an agreement with Fluoresco Lighting & Signs for streetlight maintenance services, Financial Impact: Funding for this contract has been budgeted in the FY 08-09 Budget in Account No. 001-409- ^ 5502 (Professional Contractual Services) in the amount of $110,000, The Preliminary FY 08- '-' 09 Budget will also reflect the deletion of two (2) Electrician I positions, Recommendation: Adopt Resolution. ~ 2 o o ~ 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 1110. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $110,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND FLUORESCO LIGHTING & SIGNS FOR STREETLIGHT MAINTENANCE SERVICES. WHEREAS, Fluoresco Lighting & Signs submitted the lowest bid for streetlight maintenance services per Bid Specification RFQ-F-08-19; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute on behalf of said City a Vendor Service Agreement between the City of San Bemardino and Fluoresco Lighting & Signs. a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. That pursuant to this determination, the Director of Finance or hislher designee is hereby authorized to issue an annual purchase order to Fluoresco Lighting & Signs, for a total amount of $110,000. The Purchase Order shall reference this Resolution No. 2008- and shall read, "Fluoresco Lighting & Signs for ,not to exceed $110,000" and streetlight maintenance services P.O. No. shall incorporate the terms and conditions of the Agreement. SECTION 3. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution. III 11/ 6-;1-0& (lJ t? . .;:> j o o ~ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $110,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF 3 SAN BERNARDINO AND FLUORESCO LIGHTING & SIGNS FOR STREETLIGHT 4 MAINTENANCE SERVICES. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK 21 22 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2008. day of 23 24 25 Approved as to Form: 26 27 28 Patrick J. Morris, Mayor City of San Bernardino o o ~ 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDORSER~CEAGREEMENT Tbis Vendor Service Agreement is entered into this 2nd day of June 2008, by and between Fluoresco Lighting & Signs ("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 streetlight maintenance services; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for streetlight maintenance services. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SER~CES. For the remuneration stipulated, San Bernardino hereby engages the seTVlces of VENDOR for streetlight maintenance services for all CITY streetlights as set forth in its proposal dated April 28, 2008, attached hereto, marked Exhibit "I" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, sball pay the VENDOR, up to $110,000 for the initial term from July 1,2008 through June 30, 2009 and up to $110,000 for each additional term. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term of this agreement shall be from July 1, 2008 through June 30, 2009, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July I, 2009 through June 30, 2010. Option year two, if exercised, shall be effective July I. Exhibit "A" o v ? 1 2 3 . 5 6 7 8 9 10 11 12 13 U 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2010 through June 30, 2011. Option year three,.if.exercised, shall be effective July 1,2011 through June 30, 2012. 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 mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. CITY agrees to indemnitY and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages andlor liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages andlor liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the agreement. In the event the CITY andlor the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. S. 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 automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an Exhibit "A" o "" v '? 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 additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. 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, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for an intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shan 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 licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. Exhibit "An o 1 2 3 ~ 5 6 7 8 9 10 11 12 13 NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "0" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Fluoresco Lighting & Signs 2778 Pomona Blvd. Pomona, CA 91768 Telephone: (909) 592-0870 Contact: Bryce Pennington 9. ATTORNEYS' FEES. In the event that litigation is brought by any party in cOIUlection with this Agreement, o 14 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, ") 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest. in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR Exhibit "A" o v ~ 1 2 3 " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of VENDOR's obligation to perform an 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 Agreement shall be tried and litigated either in the State courts located in the County of San 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. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shan not affect the construction or the interpretation of any of its provisions. 15. 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. III Exhibit "A" o u ') 1 2 3 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE-AGREEMENT FLUORESCO LIGHTING & SIGNS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. ,2008 VENDOR Dated: By: Its: ,2008 CITY OF SAN BERNARDINO Dated By: Fred Wilson, City Manager Approved as to Form: By: James F. Pemnan, City Attorney Exhibit "A" o ~ ? 1 2 :I " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this 2nd day of June 2008, by and between Fluoresco Lighting & Signs ("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 streetlight maintenance services; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for streetlight maintenance services. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SER~CES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR for streetlight maintenance services for all CITY streetlights as set forth in its proposal dated April 28, 2008, attached hereto, marked Exhibit "I" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR, up to $110,000 for the initial term from July 1, 2008 through June 30, 2009 and up to $110,000 for each additional term. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term of this agreement shall be from July I, 2008 through June 30, 2009, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1,2009 through June 30, 2010. Option year two, if exercised, shall be effective July I, o ..... v :; 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2S 24 25 26 27 28 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1,2011 through June 30, 2012. 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 mutually amended. The duration ofthis Agreement may be extended with the written consent of both parties. 4. INDEMNITY. CITY agrees to indenmify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 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 automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an o o ? 1 2 3 .. 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. 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, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permined pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the 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 licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapler 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nalure thaI are legally required of VENDOR 10 practice its business or profession. o ~ '? 1 2 3 4 I) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 28 NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "0" Street San Bernatdino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: F1uoresco Lighting & Signs 2778 Pomona Blvd. Pomona, CA 91768 Telephone: (909) 592-0870 Contact: Bryce Pennington 9. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. ASSIGNMENT. VENDOR shall not voluntarily or by opemtion of law assign, tmnsfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR o v ? 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 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 Agreement shall be tried and litigated either in the State courts located in the County of San 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. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shaH not affect the construction or the interpretation of any of its provisions. 15. 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 hy a written instrument executed by all parties to this Agreement. III o v ? 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 VENDOR SERVICE-AGREEMENT FLUORESCO LIGHTING & SIGNS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. ,2008 VENDOR Dated: By: Its: ,2008 CITY OF SAN BERNARDINO Dated By: Fred Wilson, City Manager Approved as to Form: EXHIBIT "I" COpy o PRICE FORM REQUEST FOR QUOTES: RFQ F-08-19 (RE-BID) DESCRIPTION OF RFQ: BIDDER'S NAME/ADDRESS: StreeUight Maintenance Services Contract F/I/O/~S(.O L/r4h"j!.r 5/'1'15 J. 77 r; Po;;'?10/lP/ lJlvd. P0r11~C4. CA 9/168' NAMElTELEPHONE NO. OF /J J AUTHORIZED REPRESENTATIVE 13/ He /f:;!/1//1qrM , J qoq - 5Q;), - () <%70 !I5M;. HOURLY RATE: 3. Monthly Night Inspections $ 7~ 00/ If/": $ 7~ 00/1Ir. $ 31.00/ Hr o 1. General Maintenance & Repair 2. Additional Service & Repair 4. Extra Work (use extra sheet(s) if necessary) a) Employee Class J"urn""".."" (3/ ec.l,..,c.,'e"" / Jc'...r"~y,..,.." Lil1e~ bene!'"",! L.....b"Nr $ 7rt. 00/ H-r. $ 111,00/1It: $ 5"1,00 III,. $ $ $ ld.~(}o/H,... $ cos f ;'/u( i ~% I b) Specialized Equipment - Cralle c) Materials -. .J 5. Base Replacement 1-5Bases $ 9;o.oCJ 18 o 6 -10 Bases $ 80.. 00 11-15 Bases $ 731 00 16 - 20 Bases $ (p 9<;'. 00 6. Emergency ServlcelParts & Materials Percent Above Invoice 15' % ANNUAL PURCHASE ORDER Effective on or about July 1, 2008 through June 30. 2009. plus three-{3) single year renewal options, for the City's full or partial requirements on an as needed basis, with no guaranteed usage. ..... U Ootion vear one, if exercised shall be effective July 1, 2009 through June 3D, 2010. Oction vear two. if exercised shall be effective July 1, 2010 through June 3D, 2011. Oction vear three, if exercised shall be effective July 1. 2011 through June 3D, 2012. Actual option year pricing shall be negotiated with the successful Proposer(s) prior to exercising any given option year. Option years shall become effective only upon issuance by the City of a dUly authorized Purchase Order. Are there any other additional or incidental costs. which will be required by your .JjI:r[l in order to meet the requirements of the Technical Specifications? Yes I ~ (circle one). If you answered 'Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be mel by your finn. .1') IIOlle ~ 19 c Have you included in your bid all informational items and forms as requested?~ I No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % are: Net thirty (30) days. days: unless otherwise stated, payment terms In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and property completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda wasfwere received. o Verification of Addenda Received Addenda No: , Addenda No: Addenda No: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: /111,/1< 0/1 l?/(J!t1,,) /YIPrJtilfB/" DATE SIGNED: '/- J. 9{ - 0 '$ F/"o/'rfS&Q i,~l-i"!l .. Sif'1s COMPANY NAME & ADDRESS: ;J7'1q' h""..,.,tf 11''',1.. Pt1,?/IJ.4a. c./I '1 n(;ff PHONE: 909 - )''1). ono FAX: qoq - 5'1) - O/fq 5 EMAlL:br"M;"~.f/rbh:x.o. uvYI :;; 20 III Cl C "> III f/) Cl C 'U .. ::I o 1I ::I o Cl C :;::l .z: Cl :::i ; l!! o GO Cl Cl N . CIO Cl Cl N it"l:l c 'l5 ::I ~ 11I_ .- III l" _ GI ~ ~ 000 00... 00 cci ~ ~ ~ ~ - - III o o - - III Cl C '> III f/) - ~...... 000 rnotIJ-O =0, C!- CO 0 .-...... ...... i;,...... or- f/) ... ... - - III o ~ ... ... - GI ~ "l:l Cl ::I ~ III III "l:l C 5 :~ ~ GI "ii fti.. 0" co. 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