HomeMy WebLinkAbout2010-074
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RESOLUTION NO. 2010-74
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 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.
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WHEREAS, the current Purchase Order of $24,900 needs to be increased by
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7 $6,100 for a total Purchase Order amount of $31,000 in order to purchase specialized
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Toro commercial equipment parts and supplies; and
WHEREAS, Turf Star Inc., is the factory authorized wholesale distributor of
Toro equipment parts and supplies in California.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
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authorized to execute on behalf of said City an Agreement between the City of San
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Bernardino and Turf Star Inc., a copy of which is attached hereto, marked Exhibit "A"
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and incorporated herein by this reference as fully as though set forth at length.
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.
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SECTION 3. The Purchase Order shall reference this Resolution and shall
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and supplies."
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read, "Turf Star Inc., for the purchase specialized Toro commercial equipment parts
SECTION 4. That this purchase is exempt from the formal contract procedures
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".
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2010-74
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.
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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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2010-74
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.
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6 Mayor and Common Council of the City of San Bernardino at a joint regular
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
meeting thereof, held on the
19rh day of
April
, 2010, by the
8 following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
DESJARDINS x
BRINKER x
SHORETT x
KELLEY x
JOHNSON )[
MCCAMMACK x
~IJ.~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this -=2c;77I day of
April , 2010.
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25 Approved as to Form:
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p . . Morris, Mayor
City of San Bernardino
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2010-74
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5 Bernardino").
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 19th day of April 2010, by and
between Turf Star Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San
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
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parts and supplIes; and
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WHEREAS, Turf Star Inc., is the factory authorized wholesale distributor of Tom
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12 equipment parts and supplies in California;
13 NOW, THEREFORE, the parties hereto agree as follows:
14 1. SCOPE OF SERVICES.
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For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide specialized Toro commercial equipment parts and supplies.
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 $31,000 for specialized Tom commercial
equipment parts and supplies. Cost is subject to the current "SXE" listing at the
time of purchase. Turf Star Inc. adjusts their price list on an annual basis.
No other expenditures made by VENDOR shall be reimbursed by CITY.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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EXHIBIT "A"
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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
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encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
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Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
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such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
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TERM.
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 I, 20 I 0 through June 30, 20 II. Option year two, if exercised, shall be effective
July I, 20 II through June 30, 2012. Option year three, if exercised, shall be effective July I,
2012 through June 30, 2013.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor
acceptance and use. Vendor agrees to replace or correct 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 in or replace non-
conforming goods or services promptly, City may, after reasonable notice to Vendor, make
purposes of this section shall not be deemed to require more than 60 calendars days notice
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before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
5. 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 and 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, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, 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 representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
6. 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
additional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
7. 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 ofthe California Government Code.
8. 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.
9. 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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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10. NOTICES.
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7 TO THE VENDOR:
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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 "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Turf Star Inc.
955 Beacon Street
Brea, CA 92821
Telephone: (714) 256-5211
Attn: Matt Butler
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11. ATTORNEYS' FEES
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13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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In the event that litigation is brought by any party in connection with this Agreement,
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 terms, conditions or
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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fees" for the purposes of this paragraph.
12. 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
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1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
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
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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.
ENTIRE AGREEMENT; MODIFICATION.
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VENDOR SERVICE AGREEMENT
TURF STAR INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: r...I /0
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,2010
Turf Star Inc.
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9 Dated jlJl2ljl/ ,2010
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:: AP~r ved as to Form: ~
By. N'LV\" Q~~
13 James. Penman, CIty Attorney
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