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HomeMy WebLinkAboutReso 185-2018 (18-1001)City of South San Francisco City Council Resolution: RES 185 -2018 File Number: 18 -1001 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Enactment Number: RES 185 -2018 RESOLUTION APPROVING THE PURCHASE OF A REMOTE CONTROL SLOPE MOWER IN AN AMOUNT NOT TO EXCEED $95,408, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT BETWEEN JESSE MACK COMPANY, INC. AND THE CITY OF SOUTH SAN FRANCISCO, AND AMENDING THE PARKS AND RECREATION DEPARTMENT'S FISCAL YEAR 2018 -19 CAPITAL OUTLAY BUDGET PURSUANT TO BUDGET AMENDMENT #19.030. WHEREAS, Parks Maintenance staff is assigned with the time consuming and often dangerous task of weed abatement within the city's right -of -way and open space areas. This work typically entails weeks -long efforts by crews of between two and eight individuals; and WHEREAS, new technology in the form of remotely operated slope mowers will allow one staff person to operate equipment that will significantly improve the quantity and efficiency of weed abatement efforts and permit staff to care for areas previously left unmaintained because the treacherous terrain does not allow for safe access; and WHEREAS, staff tested available slope mowers, and found that the Green Climber LV600 was the only mower that was able to meet staff's performance needs; and WHEREAS, the purchase of this equipment will allow staff to reprioritize work and spend additional time on other priority landscaped areas; and WHEREAS, this purchase will be funded by $53,000 in risk management funds from ABAQ $10,000 from the Improving Public Places Committee, and $32,408 from the Parks and Recreation Department's Operating Budget. These funds will be transferred to the Parks and Recreation Department's Fiscal Year 2018 -19 Capital Outlay Budget pursuant to budget amendment #19.030. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves the purchase of a Green Climber LV600 remote control slope mower from Jesse Mack Company, Inc. in an amount not to exceed $95,408, as described in the purchase agreement herein incorporated as Exhibit A, and amends the Parks and Recreation Department's Fiscal City of South San Francisco Page 1 File Number: 18 -1001 Enactment Number. RES 185 -2018 Year 2018 -19 Capital Outlay Budget pursuant to budget amendment #19.030; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the purchase agreement and any other necessary documents on behalf of the City, subject to approval as to form by the City Attorney. At a meeting of the City Council on 11/14/2018, a motion was made by Richard Garbarino, seconded by Pradeep Gupta, that this Resolution be approved. The motion passed. Yes: 4 Mayor Pro Tern Matsumoto, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego Absent: 1 Ma: Attest by City of South San Francisco Page 2 EXHIBIT A 1 PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND JESSE MACK CO. INC. These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement (“Purchase Agreement”) by Jesse Mack Co. Inc. (“Vendor”) for the City of South San Francisco (“City”). Vendor and City are collectively referred to in this Purchase Agreement as “the Parties.” If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an agent of the Vendor, and is hereby included by reference as “the Vendor.” 1. Time of Performance. This Purchase Agreement shall commence effective November 14, 2018, and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A. The vehicles listed in Exhibit A must be delivered by February 1, 2019. In the event that any of the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail. 2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish to City one LV600 Green Climber Slope Mower with Heavy Duty Flail Mower Attachment as described in Exhibit A and shall complete delivery F.O.B. to the City of South San Francisco on or before February 1, 2019 in strict accordance with the specifications as established by this Purchase Agreement and exhibits, which specifications are incorp orated herein and made part of this Purchase Agreement. 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed NINETY-FIVE THOUSAND, FOUR HUNDRED AND EIGHT DOLLARS AND SEVENTY FIVE CENTS ($95,408.75). The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or Services delivered and the corresponding prices in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to 100% of City’s costs to correct such defects or Vendor’s failure to meet Purchase Agreement requirements. 4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the delivery of the Products and/or Services listed herein. 5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and/or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications; (B) All Products and/or Services delivered are new and of good merchantable quality, fre e from material defects of workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this Purchase Agreement. Vendor also expressly warrants and guarantees, for three years that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of infe rior or defective materials, equipment or workmanship, Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor. 6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City. EXHIBIT A 2 Waived per Risk Manager. 7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, Vendor shall clean the surrounding area to the condition prior to installation. 8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City. 9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor’s failure to comply with this Purchase Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 10. Insurance. Before beginning any work installation work under this Purchase Agreement, Vendor, at its own cost an d expense, shall procure the types and amounts of insurance listed below: Workers’ Compensation. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000 ,000.00) per accident. Commercial General and Automobile Liability Insurance. Vendor is required to carry automobile liability insurance in an amount of not less than $1,000,000.00 per occurrence. Vendor shall maintain commer cial general liability insurance in an amount of not less than $1,000,000.00 per occurrence. The City Risk Manager may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 12. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination. 13. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceedi ng (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 14. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the City’s prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California, and shall be venued in the County of San Mateo. 15. Modification. This Purchase Agreement may only be modified by a writing signed by authorized representatives of the Vendor and the City. 16. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. JESSE MACK CO. INC CITY OF SOUTH SAN FRANCISCO A Municipal Corporation By: ___________________________ By: ___________________________ JESSE MACK, OWNER Mike Futrell, City Manager Approved as to Form: ATTEST: __________________________ ____________________________ City Attorney City Clerk