HomeMy WebLinkAbout05.N- Execution of Third Amendment Agreement with Quality Light and Electric Purchase of Street Light Materials & Supplies 5.N
RESOLUTION (ID # 4294) DOC ID: 4294 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Budget Amendment
From: Marlene Miyoshi M/CC Meeting Date: 03/07/2016
Prepared by: Linda Dortch, (909) 384-
5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the Execution of a Third Amendment to the Agreement with Quality Light and Electric
for the Purchase of Street Light Materials & Supplies and Appropriating $150,000 to the
Public Works Operations and Maintenance Division Account No. 126-400-0092-5111
"Materials & Supplies" from Unallocated Gas Tax Funds. (#4294)
Current Business Registration Certificate: Yes
Financial Impact:
Increase annual purchase order 2016-88 for Quality Light and Electric by $165,000.
Amend the FY 2015-16 Budget and appropriate $150,000 of previously unallocated Gas
Tax (Fund 126) to account 126-400-0092-5111.
Funds are available in account 001-400-0037-5111 for the additional $15,000 purchase
order increase.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
May 18, 2015 - Reso 2015-100 - The Mayor and Common Council authorized the
appropriation of$20,000 to Account No. 126-400-0092-5111 "Materials & Supplies"
using previously unallocated HUTA (Gas Tax) funds (Fund 126) and authorized the
execution of a Second Amendment to the Agreement with Quality Light and Electric for
the purchase of street light materials & supplies.
February 17, 2015 - Reso 2015-32 - The Mayor and Common Council authorized the
appropriation of an additional $80,000 of previously unallocated HUTA (Gas Tax) funds
(Fund 126) and authorized the execution of a First Amendment to the Agreement with
Quality Light and Electric for the purchase of street light materials & supplies.
May 19, 2014 - Reso 2014-146 - The Mayor and Common Council authorized the
execution of a Vendor Purchase Agreement and issuance of an annual purchase order
in the amount of$70,000 for FY 2013/14 and $78,000 for option years one through
three, with three (3) one-year extensions at the City's option, to Quality Light and
Electric for the purchase of street light materials & supplies.
Background:
Updated: 3/3/2016 by Georgeann "Gigi" Hanna C Packet Pg. 149
5.N
4294
The Public Works Department, Operations & Maintenance Division, is responsible for
maintaining approximately 6,650 city owned street lights throughout the City. Services
are handled by the City's contractor Quality Lighting and Electric since May 2014. The
City's street light system is a mix of different lighting systems that include high pressure
sodium (HPS) lights, Light emiting diodes (LED) lights, and mercury vapor lights. The
system is plagued with a number of problems. Parts of the lighting system are very old,
representing an array of maintenance and repair difficulties, including conduit and
underground damage. The City also has "knock downs" street light poles on a regular
basis of which some are replaced and many have not. Additionally, the City has an
ongoing battle with wire theft that typically impacts a series of street lights at one time.
(And we have had repeat offenders, hitting the same locations right after repairs were
done!) These situations have consumed most of the current contract budget in the first
7 months of the fiscal year and does not allow for the purchase of materials and
supplies through the remainder of the year.
Additionally, the Public Works Department, Building Maintenance Division, is
responsible for maintaining various buildings owned by the City. Currently there are
lighting and electrical issues in the parking structure located adjacent to City Hall, that
requires the experience of an electrical contractor such as Quality Light. These types of
repairs were not included in the funding of this contract and as such an additional
amount and funding source must be added to the contract budget. Funds in the amount
of $15,000 are needed for the parking structure repairs and are available from the
Building Maintenance Division operational budget.
Staff is requesting that the Mayor and Common Council approve a Quality Lighting
contract budget increase of $165,000 as a Third Amendment to contract for FY 2015-
16; appropriate $150,000 from unallocated HUTA (Gas Tax Fund 126) funds and
amend the FY 2015-16 Budget accordingly. As mentioned above, the remaining
$15,000 needed for the contract amendment will come from the existing Building
Maintenance Division operational budget. The contractor's existing PO will be amended
upon Council approval of the contract amendment.
City Attorney Review:
Supporting Documents:
Reso (DOC)
agrmt. 4294 (PDF)
Amendment No. 2 (PDF)
Reso 2015-100 (PDF)
Amendment No. 1 (PDF)
Reso 2015-32 (PDF)
Reso 2014-146 (PDF)
Vpa (PDF)
Updated: 3/3/2016 by Georgeann "Gigi" Hanna C Packet Pg. 150
5.N.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE EXECUTION OF A THIRD AMENDMENT
3 TO THE AGREEMENT WITH QUALITY LIGHT AND ELECTRIC FOR THE
4 PURCHASE OF STREET LIGHT MATERIALS & SUPPLIES AND
APPROPRIATING $150,000 TO THE PUBLIC WORKS OPERATIONS AND
5 MAINTENANCE DIVISION ACCOUNT NO. 126-400-0092-5111 "MATERIALS &
SUPPLIES" FROM UNALLOCATED GAS TAX FUNDS.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS: Cn
9 SECTION 1. The City Manager and the Director of Finance, or designee, are hereby
d
10 authorized and directed to amend the FY 2015-16 Budget and appropriate an additional
a�
11 Y
$150,000 to Account No. 126-400-0092-5111 "Materials & Supplies" for purchase of street a,
12
light materials & supplies from previously unallocated HUTA (Gas Tax) funds (Fund 126). L
13
14 SECTION 2. The City Manager is hereby authorized and directed to execute a Third
d
L
15 Amendment to the Vendor Purchase Agreement with Quality Light and Electric, Inc., a copy c
16 CD
of which is attached and incorporated herein as Exhibit "A," in a total amount of$343,000 for 04
17 fiscal year 2015/2016, for purchase of street light materials & supplies.
c
18 °
SECTION 3. The Director of Finance, or designee, is hereby authorized and directed >
19
u
20 to increase Annual Purchase Order No. 2016-88 to an amount not to exceed $343,000 for d
21 materials & supplies, which shall reference this Resolution and shall incorporate the terms and c
d
E
22 conditions of this Agreement.
M
23 SECTION 4. The authorization to execute the above referenced Agreement is a
24
rescinded if it is not executed by both parties within sixty (60) days of the passage of this
25
Resolution.
26
27
28
1
Packet Pg. 151
5.N.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE EXECUTION OF A THIRD AMENDMENT
2 TO THE AGREEMENT WITH QUALITY LIGHT AND ELECTRIC FOR THE
PURCHASE OF STREET LIGHT MATERIALS & SUPPLIES AND
3 APPROPRIATING $150,000 TO THE PUBLIC WORKS OPERATIONS AND
4 MAINTENANCE DIVISION ACCOUNT NO. 126-400-0092-5111 "MATERIALS &
SUPPLIES" FROM UNALLOCATED GAS TAX FUNDS.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Q
7 Common Council of the City of San Bernardino at a meeting CL
U)
8 thereof, held on the day of , 2016, by the following vote, to wit: y
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
c
11 MARQUEZ
a�
12 BARRIOS
a�
13
VALDIVIA
m
14
SHORETT
15 =
16 NICKEL
CD
N
17 RICHARD
18 MULVIHILL
19
u
O
20
Georgeann Hanna, City Clerk
21
22 The foregoing resolution is hereby approved this day of , 2016. s
�a
23 a
24 R. CAREY DAVIS, Mayor
25 City of San Bernardino
26 Approved as to form:
GARY D. SAENZ, City Attorney
27
28 By.
2
Packet Pg. 152
S.N.b
THIRD AMENDMENT TO THE VENDOR PURCHASE AGREEMENT WITH
QUALITY LIGHT AND ELECTRIC FOR
STREET LIGHT REPAIR SERVICES
This Third Amendment to an Agreement with Quality Light and Electric
for Street Light Repair Services is entered into this day of 2016,
by and between Quality Light and Electric ("VENDOR") and the City of San
Bernardino ("CITY"or"San Bernardino").
.Q
a
WITNESSETH: in
06
WHEREAS, the Mayor and Common Council has determined that it is R
.y
a�
advantageous and in the best interest of the CITY to contract for purchase of street
a�
_
light materials & supplies; and s
rn
J
WHEREAS, VENDOR was the lowest responsible bidder for street light
L
i.+
materials & supplies per RFQ F-14-28 and was awarded a contract by the Mayor and N
d
Common Council on May 19, 2014 by Resolution 2014-146, in the amount of$70,000
for FY 2013/14 and $78,000 for option years one through three, with three one-year N
I*
extensions at the City's option ("Agreement"); and
N
WHEREAS, the Mayor and Common Council on February 17, 2015 by
L
0
Resolution 2015-32 authorized the appropriation of an additional $80,000 of
m
previously unallocated HUTA (Gas Tax) funds (Fund 126) and authorized the
execution of a First Amendment to the Agreement; and a
WHEREAS,the Mayor and Common Council on May 18, 2015 by Resolution
2015-100 authorized the appropriation of an additional $20,000 of previously
unallocated HUTA (Gas Tax) funds (Fund 126) and authorized the execution of a
Second Amendment to the Agreement; and
1
Packet Pg. 153
S.N.b
WHEREAS, the City desires to add $165,000 to the amount of the
Agreement;
NOW,THEREFORE,the parties hereto agree as follows:
1. Section 2 of the Agreement is hereby amended to increase the payment to
VENDOR by $165,000 for a total amount not to exceed $243,000 for fiscal year
15/16. N
d
2. All other terms and conditions of the Agreement shall remain in full force and 0
U)
effect. °6
L
L+
cc�
G
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the c
t
day and date first above written.
d
d
r
Dated: , 2016 By:
a�
Quality Light and Electric
N
d'
Dated: , 2016 CITY OF SAN BERNARDINO
a�
N
By: };
Mark Scott, City Manager E
m
E
Approved as to Form: a
Gary D. Saenz, City Attorney
By:--sr6 ro,
2
Packet Pg. 154
2015-100
5N.c
SECOND AMENDMENT VENDOR PURCHASE 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,
by and between Quality Light and Electric ("VENDOR") and the City of San
d
Bernardino ("CITY"or"San Bernardino"). _-
Q.
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is
advantageous and in the best interest of the CITY to contract for purchase of street
light materials &supplies; and ='
J
N
WHEREAS, VENDOR was the lowest responsible bidder for street light N
a�
materials & supplies per RFQ F-14-28 and was awarded a contract by the Mayor and
L
V
Common Council on May 19, 2014 by Resolution 2014-146, in the amount of$70,000
on
for FY 2013/14 and $78,000 for option years one through three with three one-year v
N
extensions a the City's option ("Agreeme f'); and Z
n
WHEREAS, the Mayor and Common Council on February 17, 2015 by E
c
Resolution 2015-32 authorized the appropriation of an additional $80,000 of Q
previously unallocated HUTA (Gas Tax) funds (Fund 126) and authorized the
E
execution of a First Amendment to the Agreement; and a
a
WHEREAS, the City desires to add an additional $20,000.00 to the
Agreement;
HI
1
Packet Pg. 155
a
NOW, THEREFORE, the parties hereto agree as follows:
1. The Agreement is hereby amended to increase the payment to VENDOR by
$20,000.00 for a total amount not to exceed $178,000.
2. All other terms and conditions of the Agreement shall remain in full force and
effect.
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the d
.Q
sz
day and date first above written. in
06
U)
L
Dated: —' , 2015 By:
Quality L'ght and E1 ctric =
t
Dated: J , 2015 CITY OF SA `ERNARDINO L
co
By: a
n J. Parker, City Manager L
�r
��A 'oz�#
N
Approved as to Form: c
Gary D. Saenz, City Attorney z
_
d
E
BK-- — —
a
E
a
2
Packet Pg. 156
5.N.d
I RESOLUTION NO. 2015-100
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $20,000 TO
3 ACCOUNT NO. 126-400-5111 "MATERIALS & SUPPLIES" USING PREVIOUSLY
4 UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126) AND AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH
5 QUALITY LIGHT AND ELECTRICAL FOR THE PURCHASE OF STREET LIGHT
MATERIALS & SUPPLIES.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE d
CITY OF SAN BERNARDINO AS FOLLOWS: Q.
CL
8 co
SECTION 1. The City Manager and the Director of Finance, or designee, are hereby 06
9 N
TV
authorized and directed to amend the FY 2014-15 Budget and appropriate an additional
10
11 $20,000 to Account No. 126-400-0092-5111 "Materials & Supplies" for purchase of street
rn
12 light materials &supplies from previously unallocated HUTA(Gas Tax) funds(Fund 126). a,
J
13 SECTION 2. The City Manager is hereby authorized and directed to execute a
d
14 Cn
Second Agreement to the Vendor Purchase Agreement with Quality Light and Electrical, Inc.,
15
d
a copy of which is attached and incorporated herein as Exhibit "A," in the total amount of U
16 =
17 $178,000 with three (3) one-year extensions at the City's option, for purchase of street light N
18 materials&supplies. o
LO
0
19 SECTION 3. The Director of Finance, or designee, is hereby authorized and directed
20 N
to increase Annual Purchase Order No, 2015-61 to an amount not to exceed $178,000 for
21
materials &supplies,which shall reference this Resolution and shall incorporate the terms and c
22
23 conditions of this Agreement.
E
24 SE CTION 4. The authorization to execute the above-referenced Agreement is Q
25 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
26 Resolution,
27
28
1
Packet Pg.157
Y
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF $20,000 TO
2 ACCOUNT NO. 126-400-51.11 "MATERIALS & SUPPLIES" USING PREVIOUSLY
UNALLOCATED HUTA(GAS TAX) FUNDS (FUND 126) AND AUTHORIZING THE
3 EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH
4 QUALITY LIGHT AND ELECTRICAL FOR THE PURCHASE OF STREET LIGHT
MATERIALS &SUPPLIES.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and y
7 D
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the a
8 in
18th day of May, 2015, by the following vote, to wit: �s
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
R
11 MARQUEZ X _— c
12 BARRIOS X T
J
13
VALDIVIA X
14
SHORETT X N
15 d
16 NICKEL X
17 JOHNSON X N
v
18 MULVIHILL X °o
19
_ o
N
20 George Hanna, City Clerk �°,
21 �T �
The foregoing resolution is hereby approved this �_5 day of May 2015.
22
23
r
24
R. CAREY AVIS,Mayor Q
City of Sa Bernardino
25 Approved as to form:
GARY D. SAENZ, City Attorney
26 By.
27
28
2
Packet Pg. 158
2015-32
5.Ne
FIRST AMENDMENT TO THE VENDOR PURCHASE AGREEMENT WITH
QUALITY LIGHT AND ELECTRIC FOR
STREET LIGHT REPAIR SERVICES
This First Amendment to an Agreement with Quality Light and Electric
for Street Light Repair Services is entered into this 17thday ofFebruary 2015,
by and between Quality Light and Electric ("VENDOR") and the City of San y
a�
Bernardino ("CITY" or"San Bernardino"). a
0
co
WITNESSETH: 06
WHEREAS, the Mayor and Common Council has determined that it is
advantageous and in the best interest of the CITY to contract for purchase of street
r
light materials & supplies; and
a�
a�
WHEREAS, VENDOR was the lowest responsible bidder for street light y
d
materials & supplies per RFQ F-14-28 and was awarded a contract by the Mayor and L
Common Council on May 19, 2014 by Resolution 2014-146, in the amount of$70,000
N
for FY 2013/14 and $78,000 for option years one through three with three one-year
extensions a the City's option ("Agreement"); and z°
a�
NOW,THEREFORE, the parties hereto agree as follows: E
_
d
1. Section 2, Compensation and Expenses, of the Agreement is hereby amended to a
increase the payment to VENDOR to an amount not to exceed $158.000.
2. Section 3, Term; Termination, of the agreement is hereby amended to be from
a
May 19, 2014 through June 30, 2014, with three (3) one-year extensions at the City's
option. Option year one, if exercised, shall be effective July 1, 2014 through June 30,
2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30,
t
Packet Pg.159
2015-32
5.N.e
2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30,
2017.
3. All other terms and conditions of the Agreement shall remain in full force and
effect.
IN 'WITNESS THEREOF, the parties hereto have executed the Amendment on the
day and date first above written.
Q
a
Dated: ~ 2015 By: y
Quality Lig t and le tric
_
Dated: �?_�` ,2015 CITY OF SAN BERRDINO a,
By:
A en . Parker, City Manager in
d
a�
L
V
_
Approved as to Form: v
Gary D. Saenz, City Attorney
6
�j z
By:
as
E
a
_
d
E
a
2
Packet Pg.160
5.NJ
1 RESOLUTION NO. 2015-32
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF AN
3 ADDITIONAL $80,000 OF PREVIOUSLY UNALLOCATED HUTA (GAS TAX)
4 FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT WITH QUALITY LIGHT AND
5 ELECTRICAL FOR THE PURCHASE OF STREET LIGHT MATERIALS &
SUPPLIES.
6 N
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE °—'
7 °-
CITY OF SAN BERNARDINO AS FOLLOWS:
8 CO
SECTION 1, The City Manager and the Director of Finance are hereby authorized
9
and directed to amend the FY 2014-15 Budget and appropriate an additional $80,000 to
10
11 Account No. 126-400-0092-5111 "Materials & Supplies" for purchase of street light materials
12 & supplies from previously unallocated HUTA (Gas Tax) funds (Fund 126). J
13 SECTION 2. The City Manager is hereby authorized and directed to execute a First 2 lv
CO
14 d
Agreement to the Vendor Purchase Agreement with Quality Light and Electrical, Inc., a copy �
15
of which is attached and incoiporated herein as Exhibit "A," in the total amount of$158,000 c
16
17 with three (3) one-year extensions at the City's option, for purchase of street light materials& 04
18 supplies. M
19 SECTION 3. The Director of Finance or his/her designee is hereby authorized and c
20
d
directed to increase Annual Purchase Order No. 2015-61 for an amount not to exceed
21
$158,000 for materials & supplies, which shall reference this Resolution and shall incorporate E
22
23 the terms and conditions of this Agreement. Q
24 SECTION 4. The authorization to execute the above-referenced Agreement is
25 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
26 Resolution.
27
28
1
Packet Pg.161
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE APPROPRIATION OF AN
2 ADDITIONAL. $80,000 OF PREVIOUSLY UNALLOCATED HUTA (GAS TAX)
FUNDS (FUND 126) AND AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO THE AGREEMENT WITH QUALITY LIGHT AND
4 ELECTRICAL FOR THE PURCHASE OF STREET LIGHT MATERIALS &
SUPPLIES.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6
and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
7 �.
CL
8 the 17th day of February, 2015,by the following vote, to wit: y
06
9 Council Members: AYES NAYS ABSTAIN ABSENT
d
10
MARQUEZ X _
BARRIOS X
12 J
13 VALDIVIA X
r
14 SHORETT X m
RS
15 NICKEL X
16 JOHNSON X
17 �
1$ MULVIHILL X - N
M
LO
T-
O
19 GeorgeaA Hanna, ity Clerk o
20
The foregoing resolution is hereby approved this -- day of Febru , 2015.
21
d
22
R. CAREY D IS, Mayor
23 City of San Mernardino Q
Approved as to form:
24 GARY D. SAENZ,City Attorney
25
26 By:_
27
28
2
Packet Pg. 162
1 RESOLUTION NO. 2(114- 146
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
3 PURCHASE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER
4 IN THE AMOUNT OF $70,000 FOR FY 2013114 AND $78,000 FOR OPTION YEARS
ONE THROUGH THREE WITH THREE (3) ONE-YEAR EXTENSIONS AT THE
5 CITY'S OPTION TO QUALITY LIGHT AND ELECTRIC, INC. FOR THE
PURCHASE OF STREET LIGHT MATERIALS &SUPPLIES.
6
WHEREAS, Quality Light and Electric, Inc. was determined to be the lowest bidder d
7 a
8 for street light materials and supplies,per RFQ F-14-28; Cl)
06
9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON a
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a3
10
11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized a,
12 and directed to execute on behalf of said City a Vendor Purchase Agreement between the City as
J
13 of San Bernardino and Quality Light and Electric, Inc., a copy of which is attached hereto, L
V)
14 marked as Exhibit"A,"and incorporated herein by reference as fully set forth at length. 0)
15
SECTION 2. That pursuant to this determination, the Director of Administrative c
16
17 Services or his designee is hereby authorized to issue an annual purchase order to Quality N
7r
18 Light and Electric, Inc. in the amount of$70,000 for FY 2013/14 and $78,000 for option years
19 one through three with three(3)one-year extensions at the City's option. N
0
20 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
21 read, "Quality Light and Electric, Inc. for street light materials and supplies. Agreement not
22
23 to exceed $70,000 for I,Y 2013/14 and $78,000 for option years one through three" and shall
a
24 incorporate the terms and conditions of the agreement.
25 SECTION 4. The authorization to execute the above-reference Purchase Order and
26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
27 passage of this resolution.
28
Packet Pg. 163
5.N.g
2014-146
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
2 PURCHASE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER
IN THE AMOUNT OF $70,000 FOR FY 2013/14 AND $78,000 FOR OPTION YEARS
3 ONE THROUG14 THREE WITH THREE (3) ONE-YEAR EXTENSIONS AT THE
4 CITY'S OPTION TO QUALITY LIGHT AND ELECTRIC, INC. FOR THE
PURCHASE OF STREET LIGHT MATERIALS & SUPPLIES.
5 1 14EREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 y
and Common Council of the City of San Bernardino at a _joint- reg„tar meeting m
7 C.
CL
8 thereof, held on the 19th day of May , 2014,by the following vote,to wit: in
06
A
9 Council Members: AYES NAYS ABSTAIN ABSENT A
as
10 MARQUEZ x
11
BARRIOS x t
12
13 VALDIVIA x
L
14 SHORETT x _ d
15 NICKEL xT
16 JOHNSON x _
17
R MULVIHILL x
18 r
19
N
20 George n Hanna, ity Clerk
S,
21 The foregoing resolution is hereby approved this day of May _...._,2014.
d
22
23
C��C c{•�4 e
R. CAREY AVIS, Mayor a
24 City of Sa6 Bernardino
25 Approved as to form:
GARY D. SAENZ, City Attorney
26
27 By.-
28
Packet Pg. 164
2014--146
VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINC
AND QUALITY LIGHT AND ELECTRIC,INC. FOR STREET LIGHT MATIERIALS
AND SUPPLIES
This VENDOR Purchase Agreement is entered into this 19th day of May, 2014, b,
and between Quality Light and Electric, Inc. ("VENDOR") and the City of San Bernardino
("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
.Q
and in the best interest of the CITY to contract for purchase of street light materials & supplies ;
co
06
and; 2
WHEREAS, The City of San Bernardino did solicit and accept bids from available
VENDORS for such street light materials& supplies per RFQ F-14-28; and Y
a�
WHEREAS, VENDOR is the lowest bidder to provide said street light materials & w
d
a�
L
supplies to City; and co
d
NOW,THEREFORE, the parties hereto agree as follows:
c
1. SCOPE OF SERVICES.
N
d'
For the remuneration stipulated, San Bernardino hereby engages the VENDOR tc
a
provide those street light materials & supplies as set forth in RFQ F-14-28, a copy of which is
E
on file in the Public Works Department and a copy of the Price Form is attached hereto a.
Attachment"1" and incorporated here by this reference. a
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$70,000 for FY 13/14 and $78,000 for option
years one through three for street light materials & supplies pursuant to RFQ F-14-
28.
Exhibit "A"
1
Packet Pg. 165
2014-146
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from May 19, 2014 through June 30, 2014, wit]
three (3) one-year extensions at the City's option. Option year one, if exercised, shall bE
effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effectivf
July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1
2016 through June 30, 2016.
Q
This Agreement may be terminated at any time by thirty (30) days' written notice b3 cn
06
either party. The terms of this Agreement shall remain in force unless amended by writter 2
A2
agreement of the parties executed on or before the date of expiration of current term of the
agreement. _
t
as
4. WARRANTY
d
a�
L
VENDOR expressly warrants that all. products and services supplied to CITY by
N
R
VENDOR under this agreement shall conform to the specifications, drawings or othei
c
description upon which this purchase is based, shall be fit and sufficient for the purpose
N
d'
intended, merchantable, of good material and workmanship, free from defects and free and
CL
clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the
d
E
CITY shall not affect VENDOR's obligations under this warranty, and such warranty shall
survive inspections, testing, acceptance and use. VENDOR agrees to replace or correct a
promptly defects of any goods or services not conforming to the foregoing warranty without
expense to the CITY, when notified of such non-conformity by CITY. If VENDOR fails to
correct the defects or replace non-conforming goods or services promptly, CITY may, after
reasonable notice to VENDOR, make such corrections or effect cover, or cure, at VENDOR's
expense. "Reasonable notice" for purposes of this section shall not be deemed to require more
Exhibit"A"
2
Packet Pg. 166
2014-146
• 5.N.h
than 60 calendar days notice before commencement of efforts by the CITY to effect cover or.
cure except upon written agreement of the Parties.
S. 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 an(
liabilities of any kind and nature arising from bodily injury, including death, or property
damage, based or asserted upon any or alleged act or omission of VENDOR, its employees a
.Q
agents, or subcontractors, relating to or in any way connected with the accomplishment of the
co
ad
work or performance of service under this Agreement, unless the bodily injury or property 2
damage was actually caused by the sole negligence of the CITY, its elected officials, M
employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to
a�
protect and defend at its own expense, including attorney's fees the CITY, its elected officials,
L
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
N
et
representatives, with respect to third party claims against the VENDOR relating to or in any
a
way connected with the accomplishment of the work or performance of services under this
E
Agreement.
6, INSURANCE. a
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"
3
Packet Pg. 167
2014-146
additional named insured in each policy of insurance provided hereunder. The Certificate c
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days pric
to any change or termination of the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employee,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage it
discrimination in employment of persons because of their race, religion, color, national origin
.Q
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender c
co
sexual orientation, or any other status protected by law, except as permitted in Section 12940 c 06
L
the California Government Code.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. E
T
VENDOR warrants that it possesses or shall obtain, and maintain a business registratio r
as
as
L
certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any other license in
a�
permits, qualifications, insurance and approval of whatever nature that are legally required c
c
VENDOR to practice its business or profession. -
N
!I
9. NOTICES. to
Q.
Any notices to be given pursuant to this Agreement shall be deposited with the Unite c
d
E
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: Public Works Director a
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Quality Light&Electric, Inc.
1105 5 Alder Avenue
Bloomington, CA 91316
Telephone: (909) 421-8668
Contact: Greg Bollinger
Exhibit"A"
4
Packet Pg. 168
2014--146
10. 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 o
its rights or remedies hereunder or the enforcement of any of the terms, conditions o
provisions hereof. The costs, salary and expenses of the City Attorney and members of hi:
office shall be considered as attorneys' fees for the purposes of this paragraph. Attorney's fee.,
CL
for the City Attorney and members of his office shall be calculated based on market rate foi
06
comparable services.
d
11. ASSIGNMENT.
VENDOR shall not voluntarily nor by operation of law assign, transfer, sublet or
a�
encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior
L
written consent. Any attempted assignment, transfer, subletting or encumbrance without ID
CITY'S prior written consent shall be void and shall constitute a breach of this Agreement and 0
cause for the termination of this Agreement. Regardless of CITY'S consent, no subletting or N
assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to a
be performed by VENDOR hereunder for the term of this Agreement.
E
12. VENUE.
a
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.
Exhibit "A"
5
Packet Pg. 169
2014-146
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreemen
and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes o
Q
convenience only and shall not affect the construction or the interpretation of any of it �0-
W
provisions.
d
16. SEVERABILITY.
a�
If any provision of this Agreement is determined by a court of competent jurisdiction t, E
be invalid or unenforceable for any reason, such determination shall not affect the validity c
a�
L
enforceability of the remaining terms and provisions hereof or of the offending provision in an
Ca
other circumstance, and the remaining provisions of this Agreement shall remain in full forc
and effect.
N
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th
E
parties, and supersedes any prior agreements and understandings relating to the subject mannc
of this Agreement. This Agreement may be modified or amended only by a written instrumer a
executed by all parties to this Agreement.
Exhibit "A"
6
Packet Pg. 1,70
2014-146
VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINC
AND QUALITY LIGHT AND ELECTRIC,INC. FOR STREET LIGHT MATIERIALS
AND SUPPLIES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day an(
date set forth below.
Dated: 2014 Q WLIT CTRIC, INC.
BItCL
a
Dated _'y_ 92— , 2014 CITY OF SAN B ARDINO N
�L
d
By: d�
cc
A
X.
llen J arker,
City Manager
Approved as to Form:
Gary D. Saenz, City Attorney
as
a�
L
By LAS o
U)
a�
L
V
7 �
N
7 R
Q
4i
C
d
t
U
!d
a
Exhibit"A"
7
Packet Pg. 171