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
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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.
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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
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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
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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
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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
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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
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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.
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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,
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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
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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
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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