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HomeMy WebLinkAboutContract 50571 CITY SECRETARYc.� CONTRACT NO. FOR'r WORTH CITY OF FORT WORTH SOLE SOURCE PURCHASE VENDOR AGREEMENT This Sole Source Purchase Vendor Agreement ("Agreement") is entered into by and between Professional Turf Products, L.P. ("Vendor") and the City of Fort Worth, ("Customer" or "Authorized Customer"), a Texas local government entity. The Vendor agrees to the Terms and Conditions which are attached as Exhibit"A"and incorporated herein by reference The Conflict of Interest Questionnaire (Exhibit "B"), the Vendor Contact Information (Exhibit "C"), Vendor's Sole Source Justification Letter (Exhibit "D) and Vendor's Quote ( Exhibit"E ) are hereby incorporated by reference." The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. Vendor and Customer have caused this Agreement to be executed by their duly authorized representatives to be effective as of the date signed below. I WITNE 'S WHEREOF, the parties hereto have executed this Agreement in multiples this�of ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACTOR: Professional"1' Products LP By: By: :D�— l.ernando Costa David Lau Assistant City Manager CI=O Date: 3/Z9�/8 Date: APPROVAL RECQM By: chard Zavala P k& Recreation Dire a�� w �. 1% M&C ATTEST: 1295A111 13y. ary Ke se City Sec - ary Sole Source Agreement—Satellite Irrigation for Golf Cours sOFFICIAL RECORD PAGE I 0f I CITY SECRETARY FT.WORTH,TX P.O. No. SS No. : SS18-409947 APPROVED AS TO FORM AND LEGALITY: By: > /`,4,1�ir ti Jo Pate Assistant City Attorney CONTRACT AU'I'IIORIZATION: M&C: P-12169 Date Approved: March 3, 2018 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: p Name. zt h I t vn�-v- Title: i pl O �f Is SP"V 1 f o,' yr, OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Sole Source Agreement-Satellite Irrigation for Golf Courses Page 2 of 19 P.O. No. SS No. :SS18-409947 Exhibit A CITY OF FORT WORTII, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SEIA,El2 The consultant, Vendor(s), supplier, Vendor(s)or other provider of goods and/or services, its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 TERM- Omitted 4.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the"City") may be requested by a member of the public under the Texas Public Information Act. See TEX. GOVT CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 5.0 PIZOHI13ITION AGAINST PL+'RSONAI� INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 6.0 ORDERS 6.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers,purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to"Texas Local Government Code Section 252.022(a)(1), (2), or(3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. Sole Source Agreement—Satellite Irrigation for Golf Courses Page 3 of 19 P.O. No. SS No. : SS18-409947 6.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non- payment. 7.0 SELLER '1'0 PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8.0 SHIPMENT' UNDER RESERVATION PROMBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 9.0 TITLE. AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 10.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs whichever is lower, ifthe quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 11.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 12.0 RIGHT OE INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as beim nonconforming under the specifications. 13.0 INVOICES 13.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order atter each delivery. Invoices shall indicate the purchase Sole Source Agreement—Satellite Irrigation for Golf Courses Page 4 of 19 P.O. No. SS No. :5518-409947 order or purchase change order number. Invoices shall be itemized and transportation charges, if any,.shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order,purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 13.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. 'rhe Buyer shall furnish a tax exemption certificate upon Seller's request. 13.3 Payment. All payment terms shall be"Net 30 Days" unless otherwise agreed to in writing. Before the 1st payment is due to Seller, Seller shall register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website". 14.0 PRICE WARRAN'T'Y 14.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 15.0 PRODUCT WARRAN'T'Y Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict Sole Source Agreement—Satellite Irrigation for Golf Courses Page 5 of 19 P.O. No. SS No. : SS18-409947 between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 16.0 SAFE'T'Y WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately 17.0 SOFTWARE' LICENSE, TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable,non-exclusive, nontransferable, royally free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 18.0 WARRANTY AGAINST INFRINGEMENT OF IN'T'ELLEC'T'UAL PROPI+',RTY 18.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (it) this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 18.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 18.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against Sole Source Agreement—Satellite Irrigation for Golf Courses Page 6 of 19 P.O. No. SS No. : SS18-409947 the City for infringement of any patent, copyright, trade marl:, service marl:, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof', in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of paymcnt for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Citv shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with the City in defense of'such claim or action. City agrees to give SELLER timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER'S duty to indemnify the City under this Agreement. 11'the Dcliverable(s), or any part thereof, is held to infringe and the use thereof'is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, SELLER shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non- infringing, provided that such modification docs not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) it'none of the foregoing alternatives is reasonably available to SEI.1.l,R, terminate this Agreement,and refund all amounts paid to SELL ER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 1.9.0 OWNI:RSIIII' OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs; and manuals that were developed, prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereat-ter (the "Wort: Product") and Seller acknowledges that such Work Product may be considered '`work(s) made for hire" and will be and Sole Source Agreement—Satellite Irrigation for Golf COLIBCS Page 7 of 19 P.O. No. SS No. : SS18-409947 remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 20.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). if Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 21.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 22.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 23.0 ASSIGNMENT / DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineflcctive for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to Sole Source Agreement—Satellite Irrigation for Golf Courses Page 8 of 19 P.O. No. SS No. : SS18-409947 provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 24.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 2i.0 MODIFICA'T'IONS Phis contract can be modified or rescinded only by a written agreement signed by both parties. 26.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard "Perms and Conditions to with any attachments and exhibits. ']'his Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge oi'the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, and the Scltcr's Quote. 27.0 APPLICABLE LAW /VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of"texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 28.0 INDEPENDENT VENDOR(S) Seller shall operate hereunder as an independent Vendor(s) and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same. and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub- vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Sole Source Agreement—Satellite Irrigation for Golf Courses Page 9 of 19 P.O. No. SS No. : SS18-409947 29.0 LIABIL.I'TY AND INDEMNIFICATION. 29..1 LIABILITY- SELLER SHALL BE LIABLE AND RESPONSIBLE: FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AID/Olt PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL, PERSONS, OF ANY KIND OR CLIARACTER, WHETHER HER REAL. OR ASSERTED, '1'O TIrE EXTENT CAUSED BYTHE NEGLIGF,NT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONI)UCl' OF SELLER, TTS OFFICF,RS, AGEN'T'S, SERVANTS OR EMPLOYEES. 29.2 INDEMNIFICATION - SELLER IIEREBY COVENANT'S AND AGREES TO INDEMNIFY, HOLD LIARMLESS AND DEFEND 'THE' CITY (ALSO REFERRED TO AS BUYER), I'TS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST PROFIT'S) PERSONAE. INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLE PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH 'THIS AGRF.EMEN'T, TO Tl-IE EY'fEN'T CAUSED BY '1 HE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS, SUBVENDOR(S)S, SERVANTS OR EMPLOYEES 30.0 SEWERABII.IT'Y In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 31.0 FISCAL FUNDING LIMIT'A'TION In the event no funds or insufficient funds are appropriated and budgeted in ally fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the .fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which fiends shall have been appropriated and budgeted or are otherwise available. 32.0 NOTICES '1'O PAR'T'IES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three(3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, Sole Source Agreement—Satellite Irrigation for Golf Courses Page 10 of 19 P.O. No. SS No. : SS18-409947 addressed to Purchasing Manager, City of Port Worth, Purchasing Division, 200 Texas Street, Port Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a scaled envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 33.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Port Worth (1986), as amended, and Seller hereby covenants and agrees that Sellcr, its employees, officers, agents, vendors or subvendors, have fully complied with all provisions of same and that no employee, participant, applicant, Vendor(s)or subVendor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, Vendor(s)or subvendors herein. 31.0 IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act(INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees .who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Dorm (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vcndor. 35.0 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this-provision by Seller. 36.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the Sole Source Agreement—Satellite Irrigation for Golf Courses Page 11 of 19 P.O. No. SS No. : 5518-409947 expiration Of three (3) years after final payment under this contract, arid at no additional cost to Buyer. have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records ol•the Seller involving transactions relating to this contract, including any and all records maintained pursuant to this Agreement. Seller agrees that the Buyer shall have access, dl ring normal workino l1011l•S, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buver shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. 37.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of' 1990 (ADA). Seller warrants that it and any and all Of its subvcndors will not Unlawfully discriminate on the basis of disability in the provision OfSCTvices to general public, nor In the availability. terms and/or Conditions OI employment for applicants for employment with, or employees Of Sellcr or any of Its subvendOPs. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, State and local laws concerning disability and well defend, indemnify arid 11o1C1 Buyer harmless 8ga111St any Claims or fillCgatIO11S asserted by third parties Or subvendors against Buyer arising OUt Of Sellers and/Or Its Slibvendor's alleged /allure to comply with the above-referenced laws concerning disability discrimination In the performance Of this agreement. 38.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in gLICStI011 fol' breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter thSOLlgh this C11SPLIIC 1•CSOILItion process. The disputing party Shall notify the other party in writing as soon as practicable alter discovering the claim, dispute, or breach. "file notice shall state the nature ol'the dispute and list the party's specific reasons for Such diSpute. Within ten (10) business days of' receipt of'the notice, both parties shall make a good faith effort, either through email, mail, phone conference, In person meetings, Or other reasonable means to resolve any claim. dlSplltc, bleach or Other matter in question that may arise OLIt Of, Or Ill COnncctlorl bylth this Agreement. If the parties fall to resolve the diSplltC within Sixty (60) days Of the elate of receipt of the notice of the dispute, then the parties may submit the matter to non-binclitlg mediation Upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law reoarding the dispute. Sole Source Agreement —Satellite Irrigation for Golf COL11•SCS Page 12 of 19 P.O. No. SS No. : SS18-409947 39.0 PROIIIRITION ON CONTRACTING WITH COMI'ANII?S 'l7IA'I'130YC0T1' ISRAI?L Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification firoin the companv that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the coMract. The terms "boycott Israel and * company' shall have the meanings ascribed to those terms Ill Section 808.001 of the Texas Government Code. I3y signing this contract.. Seller ccrtilies that Seller's signature provides written verification to the City that Seller: (I) docs not boycott Israel; and (2) will not boycott Israel during the terns of the contract 40.0 INSURANCE REQUIREMENTS 40.1 Seller shall assume all risk and liability for accidents and damages that may OCCUr to persons or property during the prosecution of work under this Aol'Ce1nc it. Seller shall file with the City of bort Worth Purchasing Division, prior to the commencement of services, a ccrtlflcate of insurance documenting the following required insurance within five (5) calendar days of notification. 40.2 Policies shall have 110 CXCIIISlons by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid Or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Vendor to obtain such coverage. the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 40.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the f011OWillg lrrllitS: $100,000 Each Accident $500,000 Disease —Policy limit $100,000 Disease —Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8 308 -- 1.01 et seq. "hex. Rev. Civ. Stat.) and mininluni policy limits for Elilployers' Liability of $100,000 each aceidCnt/occurl-crice, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 40.2.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: Sole Source Agreement —Satellite Irrigation for Golf Courses Page 13 of 19 P.O. No. SS No. :SS18-409947 $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent vendors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 40.2.3 Auto liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 40.2.4 The Contractor shall furnish the Purchasing Manager,with a certificate of insurance documenting the required insurance prior to the commencement of services. 40.2.E Policies shall be endorsed to provide the City of Port Worth a thirty- (30) day notice of cancellation, material change in coverage, or non-renewal of coverage. 40.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear (ATIMA). 40.3 ADDI`T'IONAL INSURANCE REQUIREMENTS 40.3.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Vendor's Insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 40.3.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division SS- 200 Texas Street (Lower Level) Fort Worth, Texas 76102 Sole Source Agreement—Satellite Irrigation for Golf Courses Page 14 of 19 P.O. No. SS No. :SS18-409947 40.3.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event 61' non-payment of premium. 40.3.4 Insurers must be authorized to do business in the State of'1'exas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. Deductible limits, or sell-funded retention hnllts. oil each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 40.3.5 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. Tile City must approve in writing any alternative coverage. 40.3.6 Workers' compensation insurance policy(s) covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 40.3.7 City shall not be responsible for the direct payment of insurance prenliunl costs for Vendor's insurance. 403).8 Vendor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 40.3.9 While this agreement is in effect, Vendor shall report, in a timely manner, to the Purchasing Department any known toss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 40.3.10 Vendor's liability shall not be limited to the specified amounts of insurance required herein. Sole Source Agreement—Satellite Irrigation for Golf Courscs Page 15 of 19 P.O. No. SS No. : SS18-409947 Exhibit 13 —CONFLICT OF IN'1'1;Ii14S1' QUES7'IONNAII21? Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Port Worth) must disclose in the Questionnaire Form CIQ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the persoll begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal dOCLImcnts. '1•llc 101'm is also available of Ilttt�:1/.i,v��.ethics.stage.l�.rrti/iilrrnsl(:f().t711i: If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person vvllo is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. Sole Source Agreement—Satellite Irrigation for Golf Courses Page 16 of 19 P.O. No. _ SS No. : SS18-409947 NOTE: If you are not aware of a Conflict of Interest in any business relationship that You might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. I-Iowever, a signature is required in the 94 box in all cases. Sole Source Agreement—Satellite Irrioation for Golf Courses Page 17 of 19 P.O. No. SS No. : SS18-409947 CONFLICT OF INTEREST QUESTIONNAIRE FORM C10 For venclor doing business viith local gc)vernmental entity This (;Llrstiommite reflect changes mnda to the law by H.E. 23. 8-10) Lag.. Regular ScSslnn. 0FFK*,E IJI�E ONLY S ;�I;nd 1-1 -.1 �6�cd'L;a vendor vvliu-haj, as i,yoc:i-dn 1 -a;.%wi a ioi;a h 0-:M�!'.G_;tt-, 30t—_119 J1'e tria of cp I ?Sia:"-I­,pIIt to t'. fi' J.�;. it L�)cx fir? ?CII:, cC)rI1IT.;t-1 :.rI cjfcnI V"n v­indof Jcdaltin:• 1711G.M,1 LZ)Cl 21-11-191-17 ccc!;_All CIT"T'c1_1-.-�Undo:'h.s --.I i is ar zsd�ni ).'I I I I o of Vell(I or Io his a business 1'�la I k)I I ss I I I I) 'rI I I I local q ovor 111111,1!ta I I-r"tity. p20r—CT5_1V41,f1_ �cduth L 12 -T cflpc�'tills t)ox if you are WIWI anLl[K!,71114 tO.1 1)10vinusly filod(Itwstionnalw. :Tl- 1a, r char. C: 71.1 1,1_;je, ,-i-.J trt=rOne":.nte r.') "'cu tv""ale Ow't')e o =11v fI-1 Hamp of local g()*"'l�JI)II)nr)I officer about%')hom thp information In this socticill is br4illg disclosod. �ach -)"icel P':rm A— n, :W I nall—d n t r. _3ti'-'r 0!, to _nI I% _-rn I f;:-11) t! 1:j 1_7 -MID, -I In tilis S=ct 'r, vl: i.anl the F io Is :1— •il­ I':c, acl ,,rest 9 EXHIBIT ('—VENDOR CONTACT INFORMA'T'ION Sole Source Agreement —Satellite Irrigation for Golf Courses Page 18 of 19 P.O. No. SS No. SS18-409947 EXHIBIT —VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: iiliu /v- 9 Fax: 5'i7-7 f�' -I V-9-Zj- Name ofpersons to contact N,%,ficn placing, an order or iil%/olcc cluestjorls: Nanw/'Fitle -/ 1111onc: Y /7 --7?,5-- 19 VC Fax: ',-1 7 7 llhollc: Fax: Name/Tille__ ------ 1111011c: Fax: Signature Printed Name Date Sole Source Agreement-Satellite Irrigation for Golf Courses A* 11 ,,f- lot Revised 1.22.18cS FXN0(T FoRT WoRTH. Purchasing Division City of Fort Worth SOLE SOURCE PROCUREMENT JUSTIFICATION Purpose This form must accompany all sole source purchase requests for equipment, construction, supplies or services when the purchase is for more than$3,000.00. This form is not needed when the purchase is for a professional services contract. The purpose of the sole source procurement justification is to demonstrate that the competitive process is not required because only one product or service can meet the specific need of the City of Fort Worth ("City"). A sole source procurement may not be used to circumvent the City's normal purchasing procedures or for a price-based justification. Acceptance of the sole .source procurement justification is at the discretion of the Purchasing Division Manager or his designee. Certification My signature below certifies that I am aware that state and federal procurement statutes and regulations require that procurements of a certain amount made by government entities must be competitively bid unless the purchase qualifies as an exemption to the competitive bidding requirements. 1 am requesting this sole source procurement based on the information provided in the Justification section below. The information is complete, accurate and based on.my professional judgment and investigations. I also certify that this purchase will not violate Section 2-238 of the City's Ethics Code. Requesting Department: pQPI-Ks— C,,,F- Requested by[printed name]: PZIMGK Signature: -- Recommended by [printed name]: c�V � Department Director Signature: Telephone number: S 70 Date: D t �2-0/ Sole Source Procurement Justification Page 1 of 4 Rev. 1212014 Justification 1. Describe the product(s) or service(s) your department wishes to purchase — provide vendor name, manufacturer,model number and/or generic description identifying the item(s)or service(s). Electric to Hydraulic Converters for Irrigations controllers. These products are manufactured by Toro and they are the only company that manufactures these types of products that are designed to upgrade our current irrigation controller system. Professional Turf Products is the only authorized distributor for Toro golf irrigation products for this area. 2. Purpose—provide a brief description of why the product(s)or service(s) is required. These products are required to update our current system in order to keep it operational. Our old system is obsolete and parts and service for the controllers are no longer available. 3. Describe your efforts to identify other vendors — trade shows, internet search, vendor catalogues. Provide product and contact information for other products, services and vendors evaluated. (A quote is not required, simply enough information to show the availability/non-availability of other sources.) Rainbird, Hunter & John Deere are Toro's competitors for golf course irrigation. These other companies used to provide similar controller upgrade components & systems. However, due to the age of the old hydraulic systems, there are very few golf courses still using hydraulic control systems. Most are now all electric. Therefore, all other companies besides Toro stopped producing hydraulic irrigation components. 4. Justification: a. Identify the reason(s) why other vendors, products, or services competing in this market do not meet the City's needs or specifications: _X The product(s) or service(s) is available from only one source because of patents, copyrights, secret processes,or natural monopolies. X_ The product(s) is a captive replacement part(s)or component(s)for existing equipment. Sole Source Procurement Justification Page 2 of 4 Rev. 12/2014 The dollar value of the existing equipment is approximately$ Use of other than Original Equipment Manufacturer parts jeopardizes the warranty or may result in equipment not functioning to the level of factory specifications. Authorized factory service is available from only one source. Maintenance for the existing product is only available from one source. b. Attach justification letter from the manufacturer or originator of the product or service. 5. Will this purchase limit the ability of other vendors to compete on future purchases for supplies, upgrades,or replacements? If so,how? In the future, we will eventually be doing a complete irrigation renovation. All other vendors would be able to compete at that time. 6. Will this purchase obligate the City to future purchases,for example,maintenance or license(s)?If so, what future purchases will be required? Renewals for customer support for the central controller starting after 5 years from purchase 7. What will happen if the City does not purchase the requested product(s) or service(s) from this vendor? Parts and service are no longer available for our current controllers. If we fail to purchase these electric to hydraulic conversion kits,we will no longer be able to irrigate the golf course. Conditions will rapidly deteriorate leading to eventual death of the greens and other turf areas. This will result in a loss of revenue and closure of the golf course. Purchasing Division Comments: / 1 1(3✓C� (.���J r lid t 1 r Y'�a.I U,-i S c,1C'.J GQ y(l Pfo'�/ fjjri O,t, J�U(_f-,F F.-aJ,tc+) L►° j +Q_ cx IL, ve-,AJc,c f CLe') 4410 pP C-,+- Buyer/Senior Buyer/Supervis Date: Sole Source Procurement Justification Page 3 of 4 Rev. 12/2014 Approval PURCHASING DIVISION: Sole Source Procurement approved: Yes No Signature of Purchasing Division Manager: Printed Name: c_ 6{a Date: Sole Sole Source Procurement Justification Page 4 of 4 Rev. 12/2014 FX H 113 I 'T Professional Turf Products, L.P. Euless,Texas 76039 1010 North Industrial Blvd. Count on M Bobby Anderson (888)776-8873 ext.5128 PROFESSIONAL andersonb Qa proturf.com roar rxontc�s Ship To Pecan Valley Golf Course-TX Date 2/9/2018 Quotation Contact Ryan Reimer Address 6400 Pecan Valley Dr. - city Fort Worth,TX State TX Postal Code 76132 Price does not include any labor for installation of satellites or grounding. Phone 210 3339018 Fax 817 249-4290 Proposal Qty Model# Uescription Unit Extended Material List and Budget for Hills Course 1 CS—Opt CS Optimization (includes ground testing for 18 holes, STANDARD programming and trainina for Hills Course) 1 RF Opt RF Optimization 22 EOsmac_freq E-Osmac Satellite frequency programming (each satellite) Service $5,386.50 22 CGT1161 G GT1161 G 2 WAY(6 &8 Awg) 22 GR5810 5/8"x 10' Ground Rods 22 GRPL4X96 4"x 96" 88 GEM25LB 25# Bags Grnd and Surge(Installed by course staff) $10,464.30 22 TVB-6RND BOX,TORO VLV,6X9 ROUND,GRN/BLK Toro Valve Boxes $57.20 9 RDR16POl NO RDR OSMAC 16STA, PLS, ELEC/HYD NO, 10 RDR24POl NO RDR OSMAC 24STA, PLS, ELEC/HYD NO, 2 RDR40POl NO RDR OSMAC 40STA, PLS, ELEC/HYD NO, 1 E-48P6ANM4 E-48STA,PLS,ELECNB,BLKS/SWT/GP Toro OSMAC $79,608.15 Confidential Property of Professional Turf Products Page 1 of Central Computer and Radio Equipment for Both Courses 1 LX-04-5-01 LYNX CE/OSMAC, PREM, 5YR, W/BASE 1 RIU-01 RADIO INTERFACE UNIT, SINGLE RADIO Toro Centrals $38,033.55 2 TK318OK4LKP Full Key Pad, 512 Ch 5W, UHF 450-520mhz, Heavy Duty 2yr War 1 AA107T5OBNC BASE ANT ASSY 460-470 INCLUDES(AA1 07A,AA050L,AA61 1,POLYPH ASER, AA109BNC-6 6FT ADAPTER CABLE) 1 H-20 20 FOOT TELESCOPING MAST (ADD$ FOR FREIGHT) Radio $2,887.50 1 HHR1_Svy HHRI Radio Frequency Survey(includes license) SURVEY COMPLETED 2016 1 HHR1_Pgm Hand Held Radio Programming (1st Radio) 1 HHR1_Pgm_clone Hand Held Radio Programming (Each CLONED Radio) Service $1,638.00 Material List and Budget for River Course 1 CS—Opt CS Optimization (includes ground testing for 18 holes, STANDARD programming and trainina for River Course) 1 RF Opt RF Optimization 27 EOsmac_freq E-Osmac.Satellite frequency programming (each satellite) Service $5,542.50 27 CGT1161 G GT1161 G 2 WAY(6 &8 Awg) 27 GR5810 5/8"x 10'Ground Rods 27 GRPL4X96 4"x 96" 108 GEM25LB 25# Bags Grnd and Surge(Installed by course staff) $12,230.46 27 TVB-6RND BOX,TORO VLV,6X9 ROUND,GRN/BLK Toro Valve Boxes $66.96 15 RDR16POl NO RDR OSMAC 16STA, PLS, ELEC/HYD NO, 8 RDR24POl NO RDR OSMAC 24STA, PLS, ELEC/HYD NO, 4 RDR40POl NO RDR OSMAC 40STA, PLS, ELEC/HYD NO, Toro OSMAC $96,012.45 Su bTotal $251,927.57 Tax(Estimated) $ - TOTAL $ 251,927.57 Confidential Property of Professional Turf Products Page 2 of$ Additional Items that you might considering Budgeting For 2 RMU420TDM MOTOTRBO DUAL MODE REPEATER $8,400.00 SYSYTEM 40W (Repeater if needed for sianal strenath) 2 900-11 TBG,BLU STRIP 2000- 400 900-30 POLY TUBE COUPLER 400 900-40 RETAINER, TUBE 100 900-50 TEE 1/4X1/4X1/4 MISC Hydraulic Supplies $2,177.28 49 MISC Materials for Installing controllers by $ 12,862.50 course:concrete, sweeps,wire, hardware 1 Contingency Factor an additional 10% budget $ 25,192.76 contigency to help account for unforseen items-wire, hydraulic, rock,etc... Pricing Assumes Professional Turf Products acquires ownership of older sprinkler heads&control system components taken out of service. Some components may require a production deposit upon order implementation. Terms&Conditions: 1.Pricing,including finance options,valid for 30 days from time of quotation. 2.After 30 days all prices are subject to change without notice. Returns Policy: 1. All returns are subject to restocking,refurbishing,usage,and shipping fees. 2.All returns must be able to be sold as new. 3.Items missing parts are non returnable. 4.Professional Turf Products will have sole discretion as to the resalable condition of the product. S.This policy does not apply to items that are defective,or shipped incorrectly by PTP or one of its vendors. Payment: 1. Terms are net 10 unless prior arrangements have been made. 2. Quoted prices are subject to credit approval. A. PTP will work with third party financial institutions to secure leases when requested to do so. B. When using third party financiers,documentation fees&advance payments may be required. C. For convenience,monthly payments are estimated based on third party rate factors in effect at time of the quotation. D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process. E. New equipment delivery time is estimated at six weeks from the time credit is approved&documents are executed. 3. There will be a service charge equal to 1.5%per month(18%per annum)on all past due invoices. 4. By Law we are required to file a"Notice to Owner"of our intent to file lien in the event of payment default. This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made. Confidential Property of Professional Turf Products Page 3 of 3 PROFESSIONAL TURF PRODUCTS December 14,2017 City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth,TX 76115 This letter shall serve as notification of sole source status of the following vendor for Toro Products. Professional Turf Products, LP is the sole source supplier for Toro commercial mowing and large turf irrigation equipment,Foley Reel Grinding Equipment, Ground Logic equipment, Otterbine and IrTitrol for the states of Texas, Oklahoma,Kansas and certain western portions of Missouri, Arkansas and Louisiana. Professional Turf Products, LP is also the authorized service and parts supplier for the above mentioned products. Any questions or concerns regarding this status should be forwarded to: Edward A.Clark,President/CEO Professional Turf Products, LP 1010 North Industrial Blvd. Euless,TX 76039 Sincerely, David Lau Chief Financial Officer Professional Turf Products,LP 1010 No.(ndustrail Blvd, 5520 Brittmoore Rd. 9468 Selma Parkway 3621 S.73rd East Ave.,Bldg.1 10935 Eicher Drive Euless,TX 76039 Houston,TX 77041 Selma,TX 78154 Tulsa,OK 74145 Lenexa,KS 66219 Business 817 785-1900 Business 713 983-0700 Business 210 666-0808 Business 918 622-8676 Business 913 599-1449 Fax 817 785-1901 Fax 713 896-0988 Fax 210 666-0171 Fax 918 663-0116 Fax 913 982-4412 Main 817 785-1900 Main 817 785-1900 Main 817 785-1900 Main 817 785-1900 Main 817 785-1900 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F08 TWORm COUNCIL ACTION: Approved on 3/6/2018 � ,,,, ��� REFERENCE 13PSS18-409947SATELLITE � DATE. 3/6/2018 NO.: P-12169 LOG NAME: IRRIGATION FOR GOLF COURSES JC CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize a Sole Source Purchase for an Upgrade to the Irrigation System at Pecan Valley Golf Course from Professional Turf Products, L.P., Using Municipal Golf Gas Lease Funds for a Total Amount of$270,000.00 (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the sole source purchase of an upgrade to the irrigation system at the Pecan Valley Golf Course from Professional Turf Products, L.P., using Municipal Golf Gas Lease Capital Project funds for a total amount of$270,000.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the purchase of an upgrade to the irrigation central controller and field satellites with a new computer controlled system using the Municipal Golf Gas Lease Capital Project Fund allocated to Pecan Valley Golf Course as a portion of the Municipal Golf Five-Year CIP Plan (M&C G-19187). Because the existing irrigation system is Toro, the upgrades need to be Toro as well. Toro is the only company that sells or manufactures a hydraulic-to- electric converter that would be compatible with our current system. This converter is necessary to upgrade the system without replacing all of the sprinklers on both of Pecan Valley's 18-hole courses. This compatible Toro system is only available through Professional Turf Products, L.P., who is the only authorized distributor in the State of Texas for Toro Golf products. Training on the new control system is included in the pricing for the upgrade. Professional Turf Products, L.P., is the documented sole source provider of Toro Golf Products in the State of Texas. The Texas Local Government Code, Chapter 252;exempts sole source procurements from the competitive bid process. PRICE ANALYSIS -The electronic upgrade to the irrigation system will replace parts that are no longer available with the current manual system. It will also save maintenance time and provide for a more controlled watering schedule at nearly half the cost of installing a new system. Overall, prices are considered fair and reasonable. M/WBE OFFICE -A waiver of the goal for BDE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because the M/WBE Waiver is based on the sole source information provided to the M/WBE Office by the Purchasing Division Buyer. This property is located in COUNCIL DISTRICT 3 and serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget of the Gas Lease Fund, and that prior to an expenditure being made, the Park & Recreation Department has the responsibility to validate the availability of funds. BQN\SS18-409947\JC http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25651&councildate=3/6/2018 3/22/2018 M&C Review Page 2 of 2 TO ^Fund Department _[_Account Project ProgramActivity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I LYear (Chartfield 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Cynthia Garcia (8525) Jeff Cope (8313) ATTACHMENTS Form 1295.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25651&councildate=3/6/2018 3/22/2018 .........._.__ ..-._... ..�_ 2418 Project A propriation Neighborhood Services _ Neighborhood improvement Strategy._ $2,767,000 Allen aintenance _$87,000 Furniture,fixtures, and Equipment for the _ Libraries Golden Triangle Library $842,000 Community Partnerships Future Community Partnerships $750,000 Transportation Maintenance Contract Brick Pavement $383,000 Contract Bridge Maintenance $1,639,000 Concrete Restoration $2,104,000 Contract Street Maintenance $14,284,000 Street Maintenance $795,000 _ Traffic System Maintenance $4,672,000 Facility Renovation and Maintenance Recurrin, Facility Maintenance and Re air $1,821,997 Roof Repair and Replacement $904,003 Minor Renovation and f air _ $594,000 Solid Waste Administrative Office Consolidation $625,000 Park and Recreation Renovation of Existing Facilities $1,764,553 Playground Installations and Improvements $935,000 Utility Infrastructure (bort Worth Zoo) $661.000 Minor Facility Repair and Replacement (Golf) $495,000 Total $36,123,553 Funding Sources _.._ Pay As You Go -General fund _ $33,975,900 Transfer from Solid Waste Fund for Office Consolidation $625,000 _Gas Well Revenues - Park and Recreation $522,446 Dedication Fees.-Park and Recreation __ $283,957 Sl�eci__al onations-Park and Recreation $36,250 Specialty Funded Projects-Park and Recreation $1185,000 Gas Well Revenues-Municipal Golf $495,000 Total $36,123,553 Ordinance No.2292809-2017 Page 2 of 17 2018-2022 Golf Division 5 Year Capital Plan 2018 2019 2020 2021 2022 Project Satellite Controllers Pecan Valley Hills and River $ 270,000 Pump Station Replacement-Meadowbrook $ 200,000 Carpet Replacement-Meadowbrook GC $ 25,000 #3 Tee Work Renovation/#8 Grass Bunker-MBGC $ 65,000 Tri-max Snake $ 30,000 Driving Range Tee Expansion/Realignment-PVGC $ 75,000 Bank Stabilization-#15 Rockwood $ 400,000 Fairway Verticut Machine+Tractor $ 55,000 Pro Core Aerifier $ 30,000 Regrass Pecan Valley River Greens $ 225,000 Clubhouse Roof Replacement-Pecan Valley $ 130,000 Lake Dredging#4/#7 and#3-Pecan Valley River $ 200,000 Totals $ 495,000 $ 170,000 $ 485,000 $ 355,000 $ 200,000 Running Yearly Totals $ 665,000 $1,150,000 $1,505,000 $1,705,000 Available Funded/Unfunded $ 665,000 T $1,040,000 Funded from Current Gas Well Revenues Unfunded PROFESSIONAL TURF PRODUCTS December 14,2017 City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth,TX 76115 This letter shall serve as notification of sole source status of the following vendor for Toro Products. Professional Turf Products, LP is the sole source supplier for Toro commercial mowing and large turf irrigation equipment,Foley Reel Grinding Equipment, Ground Logic equipment,Otterbine and Irritrol for the states of Texas, Oklahoma, Kansas and certain western portions of Missouri, Arkansas and Louisiana. Professional Turf Products, LP is also the authorized service and parts supplier for the above mentioned products. Any questions or concerns regarding this status should be forwarded to: Edward A.Clark,President/CEO Professional Turf Products,LP 1010 North Industrial Blvd. Euless,TX 76039 Sincerely, David Lau Chief Financial Officer Professional Turf Products, LP 1010 No.Industrail Blvd. 5520 Brittmoore Rd. 9468 Selma Parkway 3621 S.73rd East Ave.,Bldg.1 10935 Eicher Drive Euless,TX 76039 Houston,TX 77041 Selma,TX 78154 Tulsa,OK 74145 Lenexa,KS 66219 Business 817 785-1900 Business 713 983-0700 Business 210 666-0808 Business 918 622-8676 Business 913 599-1449 Fax 817 785-1901 Fax 713 896-0988 Fax 210 666-0171 Fax 918 663-0116 Fax 913 982-4412 Main 817 785-1900 Main 817 785-1900 Main 817 765-1900 Main 817 785-1900 Main 817 785-1900 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.].-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-307403 Professional Turf Products,LP Euless,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/29/2018 being filed. City of Fort Worth Date Acknow e . 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Bid Number 18-409947 Satellite Irrigation for Golf Courses 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is �A V-!`� L -r and my date of birth is v,, Myaddressis A/'u .V/l ��✓�✓dc>t�2r�- /��V/J �'�tctS� �� 7EOj? Lw -A-- (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ,on the Zgday of 7,4V 20 L s . (month) (year) Sign � of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523