HomeMy WebLinkAbout26-Public Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an Agreement and increase to Annual
Date: March 25, 2010 Purchase Order Number 210103 by
$6,100 with three (3) one-year
extensions at the City's option to Turf
Star Inc., for the purchase of specialized
Toro commercial equipment parts and
supplies.
Meeting Date: April 19, 2010
Synopsis of Previous Council Action
Recommended Motion:
Adopt Resolution.
r
Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached:
Staff Report, Resolution and
Vendor Service Agreement.
Ward: All
FUNDING REQUIREMENTS:
Amount: $6,100
Source: 635-341-5111
(Materials and
Supplies)
,� Finance:
Council Notes: /J�SO U/O
Agenda Item No. 2.LP
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CITY OF SAN BERNARDINO
OFFICE OF THE PUBLIC SERVICES DIRECTOR
INTER-OFFICE MEMORANDUM
TO: Charles McNeeley, City Manager
FROM: Don Johnson, Public Services Fleet Division
DATE: March 25, 2010
SUBJECT: City Manager's Approval of Process Purchases made pursuant to
Section 3.04.010(B)(3) and Section 3.04.075 of the City's Municipal Code
(Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager). DDL Number 82.
COPIES: Randy Kuettle, Acting Director of Public Services
Turf Star Inc., was selected as a Sole Source for the following reasons:
1. Turf Star Inc. is the factory authorized wholesale distributor of Toro equipment parts
and supplies in California and was awarded a sole source Annual Purchase Order in
the amount of$24,900 for FY 09/10.
2. These parts are necessary for the repair of eleven (11) commercial lawnmowers
maintained by the Fleet Division.
A Request for Council Action entitled, "Resolution of the Mayor and Common Council of
the City of San Bernardino authorizing the execution of an Agreement and increase to
Annual Purchase Order Number 210103 by $6,100, pursuant to section 3.04.010-133 of
the Municipal Code with three single year renewal options to Turf Star Inc., for the
purchase of specialized Toro commercial equipment parts and supplies" has been
submitted and placed on the April 19, 2010 agenda calendar for review and approval.
Don W. Johnson
Fleet Services Division Manager
Ap o ed By:
C J es tNee Iey
City Manager
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 increase to Annual Purchase Order Number 210103
by $6,100 with three (3) one-year extensions at the City's option to Turf Star Inc., for the
purchase of specialized Toro commercial equipment parts and supplies.
Background:
Turf Star Inc., is the factory authorized wholesale distributor of Toro equipment parts
and supplies in California and was awarded a sole source Annual Purchase Order in the
amount of $24,900 for FY 09/10.
These parts are necessary for the repair of eleven (11) commercial lawnmowers
maintained by the Public Services Department, Fleet Division. The Fleet Division
projects that an additional $6,100 will be needed to cover the costs of keeping these
aging lawnmowers operational for the remainder of FY 09/10. This is due to increased
usage by the Soccer Complex, Parks Department, and the Landscape Maintenance
Districts. Therefore, an increase of $6,100 to the Annual Purchase Order is requested,
for a total amount not to exceed $31,000.
Since Turf Star Inc., is the factory authorized wholesale distributor of Toro equipment
parts and supplies in California, staff is recommending that this purchase be made
pursuant to Section 3.04.010(B)(3) of the San Bernardino Municipal Code "Purchases
approved by the Mayor and Common Council" DDL Number 82.
The term of this agreement shall be from April 19, 2010 through June 30, 2010, with
three (3) one-year extensions at the City's option. Option year one, if exercised, shall
be effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be
effective July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be
effective July 1, 2012 through June 30, 2013.
Financial Impact:
Funds for this increase is available in Account Number 635-341-5111 (Materials and
Supplies) in the amount of $6,100. Since the Fleet Fund operates as an "internal
service fund" all of Fleet's expenditures are charged back to city departments based on
department usage. These additional charges will be charged back to the Parks
Department.
Account Number 635-341-5111 Budgeted Amount: $1,116,300 Balance as of March 25,
2010: $91,327 Balance after approval of this item: $85,227.
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
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RESOLUTION NO. U
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210103 BY $6,100 WITH
THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO TURF STAR
4 INC., FOR THE PURCHASE OF SPECIALIZED TORO COMMERCIAL EQUIPMENT
PARTS AND SUPPLIES.
5
6 WHEREAS, the current Purchase Order of $24,900 needs to be increased by
7 $6,100 for a total Purchase Order amount of $31,000 in order to purchase specialized
8 Toro commercial equipment parts and supplies; and
9 WHEREAS, Turf Star Inc., is the factory authorized wholesale distributor of
10 Toro equipment parts and supplies in California.
11
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
12 OF SAN BERNARDINO AS FOLLOWS:
13 SECTION 1. That the City Manager of the City of San Bernardino is hereby
14
authorized to execute on behalf of said City an Agreement between the City of San
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16 Bernardino and Turf Star Inc., a copy of which is attached hereto, marked Exhibit "A"
17 and incorporated herein by this reference as fully as though set forth at length.
18 SECTION 2. Pursuant to this determination, the Finance Director or her
19 designee is hereby authorized to increase Purchase Order Number 210103 from
20 $24,900 to $31,000 for FY 09-10.
21 SECTION 3. The Purchase Order shall reference this Resolution and shall
22
read, "Turf Star Inc., for the purchase specialized Toro commercial equipment parts
23
24 and supplies."
25 SECTION 4. That this purchase is exempt from the formal contract procedures
26 of Section 3.04.010 of the Municipal Code, pursuant to Section 3.040.010 (B)(3) of
27 said Code, 'Purchases approved by the Mayor and Common Council".
28 pt(_�q-gyp
�2 b
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210103 BY $6,100 WITH
THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO TURF STAR
3 INC., FOR THE PURCHASE OF SPECIALIZED TORO COMMERCIAL EQUIPMENT
PARTS AND SUPPLIES.
4
5 SECTION 5. The authorization to execute the above referenced Agreement is
6 rescinded if it is not executed by both parties within sixty (60) days of the passage of
7 this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210103 BY $6,100 WITH
THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO TURF STAR
3 INC., FOR THE PURCHASE OF SPECIALIZED TORO COMMERCIAL EQUIPMENT
PARTS AND SUPPLIES.
4
5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of 2010, by the
8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11
12 DESJARDINS
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
20 Rachel G. Clark, City Clerk
21
The foregoing resolution is hereby approved this day of
22 2010.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Approved as to Form: )
26 I'' /
27 By ce u� , L
James Penman, City Attorney
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1 VENDOR SERVICE AGREEMENT
2
This Vendor Service Agreement is entered into this 19th day of April 2010, by and
3
4 between Turf Star Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San
5 Bernardino').
6 WITNESSETH:
7 WHEREAS,the Mayor and Common Council have determined that it is in the best
8 interest of the CITY to contract for the purchase of specialized Toro commercial equipment
9 parts and supplies; and
10
WHEREAS, Turf Star Inc., is the factory authorized wholesale distributor of Toro
11
12 equipment parts and supplies in California;
13 NOW, THEREFORE, the parties hereto agree as follows:
14 1. SCOPE OF SERVICES. .
15 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
16 services of VENDOR to provide specialized Toro commercial equipment parts and supplies.
17
2. COMPENSATION AND EXPENSES.
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19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
20 pay the VENDOR up to the amount of $31,000 for specialized Toro commercial
21 equipment parts and supplies. Cost is subject to the current "SXE" listing at the
22 time of purchase. Turf Star Inc. adjusts their price list on an annual basis.
23 No other expenditures made by VENDOR shall be reimbursed by CITY.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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28 Exhibit"A"
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1 3. TERM.
2 The term of this agreement shall be from April 19, 2010 through June 30, 2010, with
3 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
4 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
5 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1,
6
2012 through June 30, 2013.
7
8 This Agreement may be terminated at any time by thirty (30) days prior written notice
9 by either party. The terms of this Agreement shall remain in force unless amended by written
10 agreement of the parties executed on or before date of expiration of current term of the
11 agreement.
12
4. WARRANTY
13
14 Vendor expressly warrants that all products and services supplied to City by Vendor
15 under this Agreement shall conform to the specifications, drawings or other description upon
16 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
17 of good material and workmanship, free from defects and free and clear of all liens or
18
encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
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20 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
21 acceptance and use. Vendor agrees tQ replace or correct promptly defects of any goods or
22 services not conforming to the foregoing warranty without expense to the City, when notified
23 of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
24 conforming goods or services promptly, City may, after reasonable notice to Vendor, make
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such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
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purposes of this section shall not be deemed to require more than 60 calendars days notice
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28 Exhibit"A"
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1 before commencement of efforts by the City to effect cover or a cure except upon written
2 agreement of the Parties.
3 5. INDEMNITY.
4 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
5 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death, or property damage, based or
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8 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
9 subcontractors, relating to or in any way connected with the accomplishment of the work or
10 performance of service under this Agreement, unless the bodily injury or property damage was
11 actually caused by the sole negligence of the City, its elected officials, employees, agents or
12 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
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own expense, including attorney's fees the City, its elected officials, employees, agents or
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15 representatives from any and all legal actions based upon such actual or alleged acts or
16 omissions. Vendor hereby waives any and all rights to any types of express or implied
17 indemnity against the City, its elected officials, employees, agents or representatives, with
18 respect to third party claims against the Vendor relating to or in any way connected with the
19 accomplishment of the work or performance of services under this Agreement.
20 6. INSURANCE.
21
While not restricting or limiting the foregoing, during the term of this Agreement,
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23 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
24 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
25 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
26 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
27 additional named insured in each policy of insurance provided hereunder. The Certificate of
28 Exhibit "A"
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1 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
2 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
3 change or termination of policy.
4 7. NON-DISCRIMINATION.
5 In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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8 discrimination in employment of persons because of their race, religion, color, national origin,
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
it 12940 of the California Government Code.
12 8. INDEPENDENT CONTRACTOR.
13
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
14 .
15 purposes VENDOR shall be an independent contractor and not an agent or employee of the
16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
18 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business licenses, if any are required, in connection with the services to be
20 performed hereunder.
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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23 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
24 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
28 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
26 to practice its business or profession.
27 N
28 Exhibit"A"
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1 10. NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Director
5 300 North "D" Street
San Bernardino, CA 92418
6 Telephone: (909) 384-5140
7 TO THE VENDOR: Turf Star Inc.
8 955 Beacon Street
Brea, CA 92821
9 Telephone: (714)256-5211
Attn: Matt Butler
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11. ATTORNEYS' FEES
11
12 In the event that litigation is brought by any party in connection with this Agreement,
13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
15 its rights or remedies hereunder or the enforcement of any of the terns, conditions or
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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19 fees" for the purposes of this paragraph.
20 12. ASSIGNMENT.
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24 and shall constitute a breach of this Agreement and cause for the termination of this
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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28 Exhibit"A"
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I of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 13. VENUE.
4 The parties hereto agree that all actions or proceedings arising in connection with this
5 Agreement shall be tried and litigated either in the State courts located in the County of San
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Bernardino, State of California or the U.S. District Court for the Central District of California,
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Riverside Division. The aforementioned choice of venue is intended by the parties to be the
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9 mandatory and not permissive in nature.
10 14. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of California.
12 15. SUCCESSORS AND ASSIGNS.
!3 This Agreement shall be binding on and inure to the benefit of the parties to this
14 '
15 Agreement and their respective heirs,representatives, successors, and assigns.
16 16. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
20 17. ENTIRE AGREEMENT; MODIFICATION.
21
This Agreement constitutes the entire agreement and the understanding between the
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23 parties, and supercedes any prior agreements and understandings relating to the subject manner
24 of this Agreement. This Agreement may be modified or amended only by a written instrument
25 executed by all parties to this Agreement.
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28 Exhibit"A"
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1 VENDOR SERVICE AGREEMENT
TURF STAR INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: 2010 Turf Star Inc.
6
By:
7
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9 Dated 2010 CITY OF SAN BERNARDINO
10 By:
Charles E. McNeely, City Manager
11 Approved as to Form:
12 By.
13 James F. Penman, City Attorney
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28 Exhibit"A"
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