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HomeMy WebLinkAbout26-Public Services c r '- c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: A Resolution authorizing the execution of an agreement and issuance of a purchase order to Turf Star, Inc. pursuant to Section 3.04.010- 83 of the Municipal Code for the purchase of four (4) GM7200 72" Toro Riding Mowers to be utilized by the Parks and Recreation Department. Dept: Public Services Date: November 8, 2007 Meeting Date: December 3, 2007 Synopsis of Previous Council Action Reso 2005-143 June 6,2005 Purchase one Toro Mower Reso 2006-55 Feb. 21, 2006 Purchase one Toro Mower $66,509.62 $67,523.55 Recommended Motion: Adopt Resolution Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Quotes, Resolution, Agreement. Ward: All FUNDING REQUIREMENTS: Amount: $67,320.85 635-341-5701 Motor Vehicles Source: Finance: Council Notes: J a.. Wiii Agenda Item No. d.~ c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: A Resolution authorizing the execution of an agreement and issuance of a purchase order to Turf Star, Inc. pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of four (4) GM7200 72" Toro Riding Mowers to be utilized by the Parks and Recreation Department. Background: The Parks and Recreation Department utilizes four 1993 to 1996 72" inch Riding Mowers for park maintenance on a daily basis. The cost to maintain these 14 and 11 year-old mowers has increased with age and use. Some repair parts are no longer available, or are non-stock items and must be special ordered. Because of these factors, in conjunction with the increased downtime, these mowers have become too costly to operate. These units are included on the FY 2007/2008 approved Vehicle Replacement List. Therefore, the following units will be placed in surplus for auction. - '- #308 1993 Toro 72" #762 1996 Excel 72" #833 1996 Excel 72" #836 1996 Excel 72" 4,759 miles 4,057 hours 3,093 hours 2,910 hours Turf Star, Inc. of Brea, California is the Regional dealer for Toro equipment and is considered a sole source dealer; there are no local dealers for this particular equipment and no alternative fuel units are available at this time. The Toro GM7200 72" zero turn is the industry standard for this type of industrial mowing, and the City currently operates two other mowers of this type, and has for many years. Fleet staff has found it to be more cost effective to standardize types of vehicles and equipment for better operational economy. Therefore, fewer brands of parts must be stocked, and mechanic training is specialized and more thorough. Fleet staff contacted Turf Star Inc. for pricing and availability. The City has been offered the California Multiple Award Schedule (CMAS) contract price of $67,320.85, including tax for the four mowers from Turf Star Inc. (see Exhibit I). Vendor Turf Star Inc. Location Brea Quote $67,320.85 incl. tax Financial Impact: Funds for this purchase are available in FY2007/2008 Account No. 635-341-5701 Motor Vehicles. Recommendation: C Adopt resolut!on. ,- i,-, c c RESOLUTION NO. 1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE 3 ORDER TO TURF STAR, INC. PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF FOUR (4) GM7200 72" TORO 4 RIDING MOWERS TO BE UTILIZED BY THE PARKS AND RECREATION 5 DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 authorized to execute on behalf of said City an Agreement between the City of San SECTION 1. The City Manager of the City of San Bernardino is hereby 10 Bernardino and Turf Star Inc., which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 11 12 13 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said 14 Code "Purchases approved by the Mayor and Common Council". 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. This purchase is exempt from the formal contract procedures of SECTION 3. That Turf Star Inc. has offered a purchase price of $67,320.85 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of four (4) 2007 Toro GM7200 72" Riding Mowers. Pursuant to this determination the Finance Director is hereby authorized to issue a purchase order to Turf Star Inc., in the amount of $67,320.85, which will facilitate the procurement of the four (4) 2007 Toro GM7200 72" Riding Mowers. SECTION 4. The Purchase Order shall reference this Resolution No. 2007- and shall read, "Purchase of four (4) 2007 Toro GM7200 72" Riding Mowers, P.O. not to exceed $67,320.85" and shall incorporate the terms and conditions of the Agreement. November 20. 2007 /.7- 3-07 /l.Jt), ;)6 ,~ '- c c 1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO TURF STAR, INC. PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF FOUR (4) GM7200 72" TORO RIDING MOWERS TO BE UTILIZED BY THE PARKS AND RECREATION DEPARTMENT. 3 4 5 6 Order and agreement is rescinded if not issued within sixty (60) days of the passage of 7 SECTION 5. The authorization to execute the above referenced Purchase this resolution. 8 1/1 9 1/1 10 11 12 1/1 1/1 13 1/1 14 1/1 15 1/1 16 1/1 17 1/1 18 19 20 1/1 21 1/1 22 1/1 23 1/1 24 1/1 25 1/1 26 27 28 1/1 November 20. 2007 ,- , \- c c 1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO TURF STAR, INC. PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF FOUR (4) GM7200 72" TORO RIDING MOWERS TO BE UTILIZED BY THE PARKS AND RECREATION DEPARTMENT. 3 4 5 6 7 8 9 following vote, to wit: 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of , 2007, by the meeting thereof, held on the ABSTAIN ABSENT AYES NAYS Council Members: 11 12 13 14 15 16 17 JOHNSON 18 ESTRADA BAXTER BRINKER DERRY KELLEY MCCAMMACK 19 20 21 22 23 24 25 26 27 28 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2007. day of Patrick J. Morris, Mayor City of San Bernardino a es F. Penman, City Attorney November 20, 2007 c_ \- c c VENDOR SERVICE AGREEMENT 1 2 3 4 ("CITY" or "San Bernardino"). 5 WITNESSETH: 6 7 8 9 10 11 12 13 1. 14 15 16 17 2. 18 19 20 21 22 23 24 The term of this Agreement shall be for a period of one year. 25 This Agreement may be terminated at any time by thirty (30) days' written notice by 26 either party. The terms of this Agreement shall remain in force unless mutually amended. The 27 duration of this Agreement may be extended with the written consent of both parties. 28 This Vendor Service Agreement is entered into this 3rd day of December 2007, by and between Turf Star Inc. ("VENDOR") and the City of San Bernardino WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of four Toro GM7200 72" Riding Mowers; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the purchase of four Toro GM7200 72" Riding Mowers. NOW, THEREFORE, the parties hereto agree as follows: SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in this purchase agreement. COMPENSATION AND EXPENSES. 3. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $67,320.85 for four Toro GM7200 72" Riding Mowers. b. No other expenditures made by VENDOR shall be reimbursed by CITY TERM; SEVERABILITY. Exhibit "A" c_. 1- c c 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 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. S. INSURANCE. While not restricting or limiting the forgoing, 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. Exhibit "A" - '-....... c c 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 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 license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. 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: Exhibit "A" .- \......., c c 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 TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Turf Star Inc., Attn. Matt Butler 955 Beacon Street Brea, CA 92821 Telephone: (714) 256-5211 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 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. 11. 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. 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 Exhibit "A" r- '- c c 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 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. 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 Agreement and their respective heirs, representatives, successors, and assigns. 15. 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. 16. 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 III III III III III III Exhibit "A" - ~ c c 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 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2007 VENDOR By: Its: Dated ,2007 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman, City Attorney Exhibit "A" - ('-' c c 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 This Vendor Service Agreement is entered into this 3rd day of December 2007, by and between Turf Star 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 and in the best interest of the CITY to contract for the purchase of four Toro GM7200 72" Riding Mowers; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the purchase of four Toro GM7200 72" Riding Mowers. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the servIces of VENDOR to provide those products and services as set forth in this purchase agreement. 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 $67,320.85 for four Toro GM7200 72" Riding Mowers. b. No other expenditures made by VENDOR shall be reimbursed by CITY 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. 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. - l., c c 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 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 forgoing, 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. _. '-' c c 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 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 license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. 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: c c c 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 TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Turf Star Inc., Attn. Matt Butler 955 Beacon Street Brea, CA 92821 Telephone: (714) 256-5211 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevai ling 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. 11. 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 consenl. Any attempted assignment, Iransfer, 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. 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 c c c 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 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. 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 Agreement and their respective heirs, representatives, successors, and assigns. 15. 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. 16. 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 III III III III III III c c c 1 2 3 VENDOR SERVICE AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 4 and date set forth below. 5 Dated: 6 7 8 9 10 Dated VENDOR ,2007 By: Its: ,2007 CITY OF SAN BERNARDINO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: Fred Wilson, City Manager Approved as to Form: t- ,I e-.-.. F. Penman, City Attorney ......................***...*. · 'lT1RF STAR, INC. · * Phone. (800)585-8001 * C::***************************** *** QUO T B *** Quote No. Customer No 3235202-00 21790 2 Page 1 Date. 10/05/07 To: Ci ty of San Bernardino Fleet Maint Division 182 S Sierra Way San Bernardino, CA 92408 Attention. Don Johnson Referring to your request for prices and delivery, we are pleased to quote as follows. -------------------------------------------------------------------------------- Qty Model No. Description Your Cost Extended -------------------------------------------------------------------------------- 4 30360 4 30359 c 4 30382 GN7200 72- Guardian Recy 14654.75 58619.00 Oniv Mount Sunshade 383.23 1532.92 .....c...= Subtotal 60151.92 Road Light ltit 462.12 1848.48 12 vol t power port 83.43 333.72 =......... Subtotal 2182.20 4 30374 Sub-Total Sales Tax Total 62334.12 4986.73 67320.85 Terms. Net 30 Days F.O.B. DESTINATION Delivery. 30 Days A.R.O. Please contact us for further information. Your Salesrep is Matt Quote is firm for 30 days. Brochures enclosed. ***** THANlt YOU ***** Butler Cst Page