HomeMy WebLinkAboutReso 61-2014RESOLUTION NO. 61 -2014
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION RESCINDING THE AWARD OF AN
ENERGY SERVICES CONSULTING AGREEMENT TO
TANKO LIGHTING OF SAN FRANCISCO, CA, CANCELLING
THE PURPORTED AGREEMENT, AND DIRECTING STAFF
TO ISSUE A NEW REQUEST FOR PROPOSALS
WHEREAS, on January 23, 2014 the City of South San Francisco ( "City ") issued a
Request for Proposals ( "RFP ") for an Energy Services Consulting for turnkey services for the
"Streetlight Conversion to LED" Project ( "Project "); and
WHEREAS, City staff reviewed and evaluated the proposals received in response to the
RFP and presented its recommendations to the City Council; and
WHEREAS, on April 9, 2014, the City Council of the City of South San Francisco held a
public hearing and awarded an Energy Services Consulting Agreement to Tanko Lighting of San
Francisco, CA for turnkey services for the Project; and
WHEREAS, after the April 9, 2014 City Council meeting, while preparing documents for
contract execution, it came to the attention of City staff that in order to submit a proposal to the
City for the Project, a person or firm must possess a contractor's license at the time of proposal
submittal; and
WHEREAS, on February 28, 2014, at the time of submitting its proposal to the City,
Tanko Lighting did not possess a valid contractor's license as required by the California State
Contractor's License Law; and
WHEREAS, because Tanko Lighting did not possess a valid contractor's license at the
time of submitting its proposal to the City, California Business and Professions Code Section
7028.15 requires the proposal to be considered non - responsive and shall be rejected by the City;
and
WHEREAS, California Business and Professions Code Section 7028.15 also requires that
any contract awarded to, or any purchase order issued to, a contractor who is not licensed is void;
and
WHEREAS, in order to comply with California Business and Professions Code Section
7028.15, City staff recommends that the City Council rescind the award of an Energy Services
Consultant Agreement to Tanko Lighting; and
WHEREAS, the purported Energy Services Consultant Agreement ( "Agreement ")
requires the Consultant and any subconsultants to comply with all state, federal and local laws
and regulations applicable to the work and failure to comply with such laws constitutes a breach
of contract; and
WHEREAS, the City may immediately terminate the Agreement for any material breach
of contract; and
WHEREAS, the purported Agreement also requires the Consultant and any
subconsultants to possess all required licenses in order to legally perform all work with all state,
federal and local laws and regulations applicable to the work; and
WHEREAS, the purported Agreement also provides that the City may cancel the
Agreement at any time and without cause upon written notification to Consultant, and
WHEREAS, without recognizing that the purported Agreement is valid, City staff
recommends the City, through this resolution, provide Tanko Lighting notice of cancellation of
the purported Agreement; and
WHEREAS, the RFP provides that the City is not committed to awarding a contract or
paying any costs in the preparation of the RFP; and
WHEREAS, the RFP also states that the City reserves the right to accept or reject any or
all proposals received as a result of the RFP, or to cancel the RFP in part or in whole; and
WHEREAS, City staff recommends that the City Council cancel the RFP and direct staff
to prepare and issue a new request for proposals in order to select a contractor for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San
Francisco that the foregoing recitals are true and correct and made a part of this resolution.
BE IT FURTHER RESOLVED, by the City Council of the City of South San Francisco
finds that Tanko Lighting submitted a non - responsive proposal and hereby rescinds the award of
an Energy Services Consulting Agreement previously approved by the City Council of the City
of South San Francisco on April 9, 2014.
BE IT FURTHER RESOLVED, by the City Council of the City of South San Francisco
that the City hereby cancels and terminates any purported Energy Services Consulting
Agreement between the City of South San Francisco and Tanko Lighting.
BE IT FURTHER RESOLVED, by the City Council of the City of South San Francisco
that the City Council hereby authorizes and directs staff to prepare and issue a new request for
proposals in order to select a consultant for the Project.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to
execute any related documents, and to take such other actions as necessary to carry out the intent
of this Resolution.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 28th day of
May, 2014 by the following vote:
AYES: Councilmembers Mark N Addiego Pradegp Gupta and Liza Normandy
Vice Mayor Richard A Garbarino and Mayor Karel Matsumoto
NOES:
None
ABSTAIN:
None
ABSENT:
None
ATTEST: `." -�'1 p y4u• —?��
Anna Brown, Deputy City Clerk