Item 4 - CONSIDERATION OF PURCHASE OF GROUNDS MAINTENANCE EQUIPMENTAGENDA ITEM NO. 4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: September 6, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF PURCHASE OF GROUNDS MAINTENANCE EQUIPMENT
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to negotiate and execute a purchase order with Turf Star Western for
the purchase of the grounds maintenance equipment detailed in Attachment No. 1.
2. Adopt the following resolution:
RESOLUTION NO. 2022-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR
COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 (GROUNDS MAINTENANCE
EQUIPMENT)
BACKGROUND:
The Public Services Department is in need of new equipment for grounds maintenance at parks, the
Sportsplex, and along right-of-ways. The Deputy Director of Public Services has evaluated various
options and determined that the chosen equipment will best serve the City. This equipment will ensure
grounds at City parks and along right-of-ways are in top condition.
DISCUSSION:
A quote from Turf Star Western (TSW) (Attachment No. 1) was received under the Omnia (formerly
National IPA) contract number 2017025 (Attachment No. 2). TSW is the West Coast Toro distributor
since 1922, covering Washington, Oregon, California, Baja Mexico, Northern Idaho, Northern Nevada
and Alaska. The purchase is exempt from competitive bidding requirements pursuant to Section 2-335(f)
of the City's Municipal Code. The Omnia contract is currently valid through March 2023.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
Prepared by: Stephanie Sikkema, Finance Director
Additional Approval: Roxanne Lerma, Assistant City Manager
Fiscal Impact
FISCAL IMPACT:
The total for all equipment and taxes is $646,167. Funding for this purchase has been identified across
several special revenue funds including the Vehicle Replacement Fund, Maintenance Districts and
Capital Improvement Fund. The proposed budget amendment to allocate funding for this purchase is
included as Attachment No. 3.
Fund
Current Proposed Amended
Budget Amendment Budget
375,0001 131,1811 506,181
Vehicle Replacement Fund (367)
Capital Projects Fund (No. 160) 11
3,859,99911
9,836
3,869,835
Maintenance District #1 Fund (No. 181)
1343,080
274,130
617,210
Maintenance District #2 Fund (No. 182)
159,891
71,092
230,983
Maintenance District#4 Fund (No. 184)
160,2851
85,053
1,245,338
Maintenance District #6 Fund (No. 186)
179,271
7,098
186,369
Maintenance District #7 Fund (No. 187)
178,596
16,370
194,966
Maintenance District#8 Fund (No. 188)
2,188,227
51,407
2,239,634
Total)
$8,444,34911
$646,167
$9,090,516
Attachments
Attachment No. 1 - Turf Star Western Quote
Attachment No. 2 - Cooperative Contract
Attachment No. 3 - Resolution No. 2022-95
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness
A Creative and Active Communuty
TURF MR Attachment No. 1
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Prepared For: Raul Alvarado • 00
City Of West Covina iQuote No: 111309
PO Box 1440 Sales Person: Rick Danielson
West Covina, CA 91793 rick.danielson@turfstar.com
(714) 475-8967
National IPA Pricing: Contract 2017025, IPA Membership required
Summary
Configuration Name Qty Unit Price Sub Total Sales Tax Total
010-Reelmaster 3100-D
1
$42,654.92
$42,654.92
$4,052.23
$46,707.15
020-Reelmaster 5510-D T4F w/ ROPS Diesel 36.8HP
1
$79,051.53
$79,051.53
$7,509.90
$86,561.43
030-Sand Pro 5040
2
$27,395.61
$54,791.22
$5,205.16
$59,996.38
040-Top dresser TD2500
1
$16,303.30
$16,303.30
$1,548.81
$17,852.11
050-Rake-O-Vac Sweeper Dust Control
1
$43,827.42
$43,827.42
$4,163.61
$47,991.03
060-Outcross 9060
1
$73,873.24
$73,873.24
$7,017.98
$80,891.22
070-ProCore 1298
1
$44,892.24
$44,892.24
$4,264.75
$49,156.99
080-Workman HDX-D Kubota Diesel 23.3HP
3
$32,083.82
$96,251.46
$9,143.89
$105,395.35
090-Sand Pro 5040
1
$28,367.04
$28,367.04
$2,694.86
$31,061.90
-^ 100-Workman GTX Extended Electric
1
$17,579.58
$17,579.58
$1,670.05
$19,249.63
110-Workman GTX Liked Lithium
1
$19,137.41
$19,137.41
$1,818.05
$20,955.46
120-Toro 686 Tow aerator
1
$11,238.96
$11,238.96
$1,067.70
$12,306.66
130-Lely Spreader, Pull Type 8001b capacity
1
$6,754.00
$6,754.00
$641.64
$7,395.64
140-Foamstream L12
1
$32,814.70
$32,814.70
$3,117.39
$35,932.09
150-Setup
1
$11,284.90
$11,284.90
$1,072.07
$12,356.97
Delivery
1
$11,284.90
$11,284.90
$1,072.07
$12,356.97
Totals:
$590,106.82
$56,060.16
$646,166.98
1I' --
Quotation for City Of West Covina
Configuration Product Details
010-Reelmaster 3100-D
Model Product Description
03170
Reelmaster 3100-D
119-0635
DPA ROLLER TIPPER KIT (R M3100)
03190
RM3100 271n 11Bld ES (RR) DPA CU
30358
Bimini Canvas Sunshade
31692
LED Work Light Kit GM35OO/RM3100
29-9100
BRUSH AND HANDLE ASM
108-6715
GAUGE BAR ASM
03244
RM3100 End Weight Kit (Set of 3)
03172
27" Lift Arm Kit-RM3100
114-9368
REAR ROLLER SCRAPER KIT (271N)
Date: July 29, 2022
Quote No:3315932-00
Qty
Unit Price
Extended
Sales Tax
Total
1
$26,593.32
$26,593.32
$2,526.37
$29,119.69
1
$68.40
$68.40
$6.50
$74.90
3
$4,460.82
$13,382.46
$1,271.34
$14,653.80
1
$255.06
$255.06
$24.23
$279.29
1
$280.80
$280.80
$26.68
$307.48
1
$37.57
$37.57
$3.57
$41.14
1
$95.71
$95.71
$9.09
$104.80
1
$250.38
$250.38
$23.78
$274.16
1
$1,241.76
$1,241.76
$117.97
$1,359.73
3
$149.82
$449.46
$42.70
$492.16
Totals:
$46,707.15
2 1 P a g e
TURF STAR
�i esrEnn
Date: July 29, 2022
Quotation for City Of West Covina
Configuration Product Details
020-Reelmaster 5510-D T4F w/ ROPS Diesel 36.8HP
Quote No:3315932-00
Model Product Description Qty Unit Price Extended Sales Tax Total
03607
Reel master 5510-DT4Fw/ROPS Diesel 36.8HP
1
$57,819.06
$57,819.06
107-3280
REAR ROLLER SCRAPER KIT (221N)
5
$68.99
$344.95
03643
22in 7in, 11 Blade ES (RR) DPA Cutting Unit
5
$3,743.22
$18,716.10
03405
Weight-7in CU w/No Attachments (Kit of 5)
1
$567.06
$567.06
30671
Universal Sunshade Red
1
$805.74
$805.74
29-9100
BRUSH AND HANDLE ASM
1
$37.57
$37.57
108-6715
GAUGE BAR ASM
1
$95.71
$95.71
03667
Air -Ride Seat Suspension
1
$665.34
$665.34
Totals:
$5,492.81
$63,311.87
$32.77
$377.72
$1,778.03
$20,494.13
$53.87
$620.93
$76.55
$882.29
$3.57
$41.14
$9.09
$104.80
$63.21
$728.55
$86,561.43
31
,CORF STAi?
\\fS FFHS
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Configuration Product Details
030-Sand Pro 5040
Model Product Description Qty Unit Price Extended Sales Tax Total
08745
Sand Pro SO40
2
$21,875.88
$43,751.76
$4,156.41
$47,908.17
108-9427
LIFT ARM ADAPTER ASM
2
$489.16
$978.32
$92.94
$1,071.26
110-1375
HITCH KIT
2
$147.22
$294.44
$27.97
$322.41
08762
OAS Flex Groomer Kit
2
$1,070.94
$2,141.88
$203.48
$2,345.36
08740
LED Light Kit Sand Pro
2
$450.84
$901.68
$85.66
$987.34
112-1424
DRAG MAT ASM, SANDPRO
2
$1,621.21
$3,242.42
$308.03
$3,550.45
99-1627-01
RH MAT HOLDER ASM
2
$124.11
$248.22
$23.58
$271.80
106-7073-
LH MAT HOLDER ASM
2
$124.11
$248.22
$23.58
$271.80
01
08761
OAS Nail Drag
2
$1,492.14
$2,984.28
$283.51
$3,267.79
Totals:
$59,996.38
41-
VVRFSTIR
Quotation for City Of West Covina
Configuration Product Details
040-Topdresser TD2500
Date: July 29, 2022
Quote No:3315932-00
Model Product Description Qty Unit Price Extended Sales Tax Total
44507 Topdresser TD2500 1 $16,216.98 $16,216.98 $1,540.61 $17,757.59
T000D-3423 JACK-SIDEWIND 1 $86.32 $86.32 $8.20 $94.52
Totals: $17,852.11
51Pag
TURF U
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Configuration Product Details
050-Rake-O-Vac Sweeper Dust Control
Model Product Description Qty Unit Price Extended Sales Tax Total
07055 Rake-O-Vac Sweeper Dust Control 1 $43,827.42 $43,827.42 $4,163.61 $47,991.03
Totals: $47,991.03
6 1 P a g e
Quotation for City Of West Covina
Configuration Product Details
060-Outcross 9060
Model Product Description
07511BA
Outcross 9060
130-5448
EXTERIOR MIRROR KIT
130-5449
INTERIOR MIRROR KIT
07527
Rear Hyd Ports and Slct Valve
22549
TXL 2000 Adjustable Fork
07521
Bucket
138-4196
TOP LINK BUSHING KIT, CA T 2 TO 1 (QTY 6)
138-4197
LIFT ARM BUSHING KIT, CAT 2 TO 1(CITY 6)
140-0508
BACKUP ALARM KIT- OUTCRO SS
07540
Inch Mode Wired Remote
Totals:
Date: July 29, 2022
Quote No:3315932-00
Qty Unit Price Extended Sales Tax Total
1
$69,094.74
$69,094.74
56,564.00
$75,658.74
2
$130.83
$261,66
$24.86
$286.52
1
$57.33
$57.33
$5.45
$62.78
1
$1,272.96
$1,272.96
$120.93
$1,393.89
1
$1,134.90
$1,134.90
$107.82
$1,242.72
1
$833.82
$833.82
$79.21
$913.03
1
$58.16
$58.16
$5.53
$63.69
1
$59.37
$59.37
$5.64
$65.01
1
$183.80
$183.80
$17.47
$201.27
1
$916.50
$916.50
$87.07
$1,003.57
$80,891.22
71Page
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Configuration Product Details
070-ProCore 1298
Model
Product Description
Qty
Unit Price
Extended
Sales Tax
Total
ProCore 1298
1
$40,400.10
$40,400.10
$3,838.01
$44,238.11
09716
120-1045
GUARD -TURF, 4-TINE (SHORT)
4
$46.93
$187.72
$17.83
$205.55
120-1046
GUARD -TURF, 4-TINE, LONG
2
$72.09
$144.18
$13.69
$157.87
120-1047
GUARD -TURF, STINE, SHORT
4
$65.43
$261.72
$24.86
$286.58
120-1052
GUARD -TURF, 5 TINE, LONG
2
$77.98
$155.96
$14.82
$170.78
09739
Needle Tine Head Set
6
$224.64
$1,347.84
$128.05
$1,475.89
09796
4Tine 3/4in Head Set
6
$229.32
$1,375.92
$130.71
$1,506.63
108-9141
TINE -HOLLOW, CARBIDE (CH 6-475-4)
48
$11.30
$542.40
$51.52
$593.92
100-3621
TINE -NEEDLE, 81VIM X 7.38
60
$3.90
$234.00
$22.24
$256.24
108-9202
TINE -SOLID (AS6-450-5)
48
$5.05
$242.40
$23.02
$265.42
Totals:
$49,156.99
0
TURF STAR
.. rsrewu
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Configuration Product Details
080-Workman HDX-D Kubota Diesel 23.3HP
Model Product Description Qty Unit Price Extended Sales Tax Total
07385
Workman HDX-D Kubota Diesel 23.3HP
3
$30,345.12
$91,035.36
$8,648.36
$99,683.72
115-7825
HORN KIT
3
$44.60
$133.80
$12.71
$146.51
110-2626
REMOTE HYDRAULICS MANIFO LD KIT
3
$1,298.54
$3,895.62
$370.08
$4,265.70
117-4831
HITCH KIT, RECEIVER TUBE
3
$167.80
$503.40
$47.83
$551.23
07420
Hand Throttle
3
$227.76
$683.28
$64.91
$748.19
Totals:
$205,395.35
9�
TURF STgg
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Configuration Product Details
090-Sand Pro 5040
Model Product Description Qty Unit Price Extended Sales Tax Total
08745
Sand Pro 5040
1
$21,875.88
$21,875.88
$2,078.21
$23,954.09
08714
Manual Blade l40in)
1
$1,715.22
$1,715.22
$162.94
$1,878.16
08756
Drag Mat Carrier System
1
$1,492.14
$1,492.14
$141.75
$1,633.89
08754
QAS Finish Grader
1
$2,962.44
$2,962.44
$281.43
$3,243.87
09757
Steel Mat
1
$321.36
$321.36
$30.53
$351.89
Totals:
$31,061.90
10 1
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Configuration Product Details
100-Workman GTX Extended Electric
Model Product Description Qty Unit Price Extended Sales Tax Total
07412EX
Workman GTX Extended Electric
1
$12,452.70
$12,452.70
$1,183.01
$13,635.71
131-8522
Hand Pump Hose Asm
1
$48.47
$48.47
$4.60
$53.07
07145
Brush Guard Workman MDX/GTX
1
$370.50
$370.50
$35.20
$405.70
131-8549
REVERSE ALARM KIT
1
$92.19
$92.19
$8.75
$100.94
130-5448
EXTERIOR MIRROR KIT
1
$130.83
$130.83
$12.43
$143.26
133-1009
INTERIOR WINK -MIRROR
1
$105.57
$105.57
$10.03
$115.60
07048
Workman GTX Bucket Seat Kit
2
$535.86
$1,071.72
$101.81
$1,173.53
131-8550
12V POWER POINT KIT
1
$46.06
$46.06
$4.38
$50.44
132-8579
BRAKE AND SIGNAL LIGHT K IT, GTX
1
$763.98
$763.98
$72.58
$836.56
07923
Folding Windshield Workman GTX
1
$314.34
$314.34
$29.86
$344.20
07922
Workman GTX Canopy 4-Person
1
$1,225.38
$1,225.38
$116.41
$1,341.79
07046
GTX Cargo Bed Kit
1
$957.84
$957.84
$90.99
$1,048.83
Totals:
$29,249.63
111Page
H
Date: July 29, 2022
Quotation for City Of West Covina
Model Product Description
Quote No:3315932-00
Configuration Product Details
110-Workman GTX Lifted Lithium
Qty Unit Price Extended Sales Tax Total
07413LT
Workman GTX Lifted Lithium
1
$15,043.08
$15,043.08
$1,429.09
$16,472.17
07143
48V Electric Lift Kit Workman GTX
1
$794.82
$794.82
$75.50
$870.32
07145
Brush Guard Workman MDX/GTX
1
$370.50
$370.50
$35.20
$405.70
07048
Workman GTX Bucket Seat Kit
1
$535.86
$535.86
$50.91
$586.77
07046
GTX Cargo Bed Kit
1
$957.84
$957.84
$90.99
$1,048.83
07923
Folding Windshield Workman GTX
1
$314.34
$314.34
$29.86
$344.20
107-0384
POWERCORD-AC
1
$76.23
$76.23
$7.25
$83.48
131-6690
SEAT COVER, SMALL
2
$42.95
$85.90
$8.16
$94.06
131-8550
12V POWER POINT KIT
1
$46.06
$46.06
$4.38
$50.44
07921
Workman GTX Canopy 2-Person
1
$724.62
$724.62
$68.83
$793.45
130-5448
EXTERIOR MIRROR KIT
1
$130.83
$130.83
$12.43
$143.26
130-5449
INTERIOR MIRROR KIT
1
$57.33
$57.33
$5.45
$62.78
Totals:
$20,955.46
121Page
•(URF STAR
p 2c fGHY
Date: July 29, 2022
Quotation for City Of West Covina
Model Product Description
Quote No:3315932-00
Configuration Product Details
120-Toro 686 Tow aerator
Qty Unit Price Extended Sales Tax Total
44856
Aerator 686
1
$9,574.50
$9,574.50
$909.58
$10,484.08
68-608-
3521
TRACTOR REMOTE KIT
1
$342.54
$342.54
$32.54
$375.08
108-9299
TINE -SPOON, CLOSED 800
96
$5.08
$487.68
$46.33
$534.01
01-283-
BLADE SLICING 6"
96
$8.69
$834.24
$79.25
$913.49
0040
Totals:
$12,306.66
13 1
Model
Quotation for City Of West Covina
Configuration Product Details
130-Lely Spreader, Pull Type 8001b capacity
Product Description
WFR lely Spreader, Pull Type 8001b capacity
Totals:
Date: July 29, 2022
Quote No:3315932-00
Qty Unit Price Extended Sales Tax Total
$6,754.00
$6,754.00 $641.64 $7,395.64
$7,395.64
141Page
�Ae
Date: July 29, 2022
Quotation for City Of West Covina
Quote No:3315932-00
Configuration Product Details
140-Foamstream L12
Model Product Description Qty Unit Price Extended Sales Tax Total
WT300219
Wide Lance
1
$699.00
$699.00
$66.41
$765.41
WT301032
Pavement Cleaner Lance L12
1
$709.00
$709.00
$67.35
$776.35
WT300028
Foaming Nylon ScrubBrush
1
$349.00
$349.00
$33.15
$382.15
WT300034
30M 3/8in ID Lance Hose w/ Connection
1
$557.70
$557.70
$52.98
$610.68
WT301031
Power Lance (L12)
1
$300.00
$300.00
$28.50
$328.50
F25KG
Foamstream Consumable V4 6 Gallon Jug
1
$200.00
$200.00
$19.00
$219.00
FSL-1-12
Foamstream L12
1
$30,000.00
$30,000.00
$2,850.00
$32,850.00
Totals:
$35,932.09
151Page
,VVRF STIR
Date: July 29, 2022
Model
Quotation for City Of West Covina
Product Description
Quote No:3315932-00
Configuration Product Details
150-Setup
Qty Unit Price Extended Sales Tax Total
FSD1 Cotim 1 $11,284.90 $11,284.90 $1,072.07 $12,356.97
Totals: $12,356.97
161Page
TURFSTdg
Date: July 29, 2022
Quotation for City Of West Covina
Model Product Description
Quote No:3315932-00
Configuration Product Details
Delivery
Qty Unit Price Extended Sales Tax Total
FSD2 r)PlivPry 1 $11,284.90 $11,284.90 $1,072.07 $12,356.97
Totals: $12,356.97
171Page
BAR
Quotation for City Of West Covina
Date: July 29, 2022
Quote No:3315932-00
Standard Terms and Conditions
Prices including all finance options are subject to change based on Turf Star Western's receipt of product and
estimated shipments. Currently, product availability is a minimum of 6-18 months. Your Final Price will be
determined at time of shipment. Delivery is FOB point of origin unless otherwise stated.
Office Locations
Northern California:
3928 N.Blattela Lane
Fresno, CA 93727
Fax: (559) 277-7123
2438 Radley Court
Hayward, CA 94545
Fax: (510) 785-3576
11373 Sunrise Gold Circle
Rancho Cordova, CA 95742
Fax: (800) 241-1997
Southern California:
79-253 Country Club Drive
Bermuda Dunes, CA 92203
Fax: (760) 345-4297
955 Beacon Street
Brea, CA 92821
Fax: (800) 775-8873
2110 La Mirada Ste 100
Vista, CA 92083
Fax: (760) 734-4285
Pacific Northwest:
1750 Industrial Dr.NE
Salem, OR 97301
Ph: (503) 691-0250
5869 South 194th
Kent, WA 98032
Fax: (253) 872-6942
2824 East Garland
Spokane, WA 99207
Fax: (509) 483-7563
• WARNING:
Cancer and Reproductive Harm-httn://www.P65Wamings.ca.gov
For more information, please visit htto://www.tteoCAProp65.com
CALIFORNIA SPARK ARRESTER WARNING
Operation of this equipment in the State of California may create sparks that can start fires around dry vegetation. A spark arrestor may be required.
The operator should contact local fire agencies for laws or regulations relating to fire prevention requirements.
181Page
Attachment No. 2
City of Mesa, AZ
Contract 2017025
for
Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Services and
Equipment
with
The Toro Company
Effective: April 1, 2017
The following documents comprise the executed contract between The City of Mesa, AZ and
the Toro Company, effective April 1, 2017:
I. Signed Contract
II. Council Approval
III. Negotiations
IV. Supplier Response
V. RFP Amendments
VI. Original RFP
mesa•az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA CONTRACT NUMBER 2017025
GROUNDS MAINTENANCE EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED
SERVICES AND EQUIPMENT
AND
THE TORO COMPANY, ("Contractor")
—Mailing Address 8111 L ndale Ave South
Bloomington, MN 55420
Delivery Address
Attention
Peter Whitacre
Regional Business Manager
E-Mail
Peter.Whitacre Toro.com
Telephone
952 887-7936
Facsimile
Pagel of 272
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This agreement pursuant to solicitation ("Aoreement') is entered into this day of March, 2017, by and
between the City of Mesa, Arizona, an Arizona municipal corporation ("Cit '), and The Toro Company, a(n)
Delaware corporation ("Contractor'). The City and Contractor are each a "Party" to the Agreement or
together are "Parties" to the Agreement.
RECITALS
A. The City issued solicitation number 2017025 ("Solicitation') for GROUNDS MAINTENANCE
EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES, RELATED SERVICES AND EQUIPMENT, to
which Contractor provided a response ("Response'); and
B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage
Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
1. Term. This Agreement is for a term beginning on April 1, 2017 and ending on March 31, 2022. The
use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable
extensions or renewals in accordance with this Section 1.
5.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of two (2) one (1) year periods. Any renewal(s) will be a continuation of the same
terms and conditions as in effect immediately prior to the expiration of the then -current term.
5.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement,
including any renewals permitted herein, at the City's sole discretion this Agreement may be
extended on a month -to -month basis for a maximum of six (6) months to allow for the City's
procurement processes in the selection of a vendor to provide the services/materials provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then -current term.
5.3 Delivery. City acknowledges that delivery will be made by contractor's dealers and/or
distributors, which are independent businesses. Deliveries shall be made to the location(s)
contained in the Scope of Work within thirty (30) days after receipt of an order.
2. Scope of Work. Except as otherwise specified in this Agreement, the Contractor will provide the
necessary staff, services and associated resources to provide the City with the services, materials, and
obligations attached to this Agreement as Exhibit A ("Scope of Work') Contractor will be responsible
for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of
Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities
necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's
personnel with adequate workspace and such other related facilities as may be required by Contractor
to carry out the Scope of Work.
3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as -needed orders will be placed with the Contractor. The City may use the
Internet to communicate with Contractor and to place orders as permitted under this Agreement
Page 2 of 272
4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of
the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control
in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms & Conditions
2. Scope of Work
3. Other Exhibits not listed above
c. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s)
described in Exhibit B ("Pricing') in consideration of Contractor's performance of the Scope of
Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except
where otherwise provided in this Agreement, and include all costs of the Contractor providing
the materials/service including transportation, insurance and warranty costs. No fuel
surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced
at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly
notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response
by the City's Purchasing Division.
Notwithstanding any of the other provisions in this Agreement, City acknowledges that products
and services subject to this agreement, are provided by Contractor's dealers and/or
distributors, which are independent businesses and set their own prices. Contractor has no
authority to set prices for its dealers and/or distributors. Contractor agrees to make the terms
of this agreement known to applicable dealers and/or distributors and to use reasonable efforts
to incent to provide goods and services to City or Participating Agency subject to the terms of
this agreement. Contractors dealers and distributors that agree to utilize this agreement also
agree to abide by the pricing and terms and conditions set within.
5.3 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. Any issues regarding billing or invoicing must be directed to the City
Department/Division requesting the service or material from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered, pricing of each unit,
(as applicable);
i. Applicable Taxes
j. Total amount due.
Page 3 of 272
and freight charges
5.4 Payment of Funds. Contractor acknowledges the City may, at its option and where available
use a Procurement Card/e-Payables to make payment for orders under the Agreement.
Otherwise; payment will be through a traditional method of a check or Electronic Funds
Transfer (EFT) as available.
5.5 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for
materials/service not in accordance with the Agreement, the City will notify Contractor in writing
of the disallowance; such notice will state the means of correction which may be, but is not
limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the
disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will
be provided with the opportunity to respond to the notice.
6. Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from
insurance companies authorized to do business in the State of Arizona; the insurance must
cover the materials/service to be provided by Contractor under the Agreement. For any
insurance required under the Agreement, Contractor will name the City of Mesa, its agents,
representatives, officials, volunteers, officers, elected officials, and employees as additional
insured, as evidenced by providing either an additional insured endorsement or proper
insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under the
Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be
necessary.
6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of
Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with
applicable endorsements. The City reserves the right to request additional copies of any or all
of the policies, endorsements, or notices relating thereto required under the Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is
primary of all other sources available. When the City is a certificate holder and/or an additional
insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect
the coverage available without advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval by
the City's Risk Management Division.
Page 4 of 272
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of
the Agreement, at a minimum, the following:
6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$3 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non -owned autos.
Requirements Contract. The Agreement does not guarantee any purchases will be made (minimum
or maximum). Orders will only be placed when the City identifies a need and issues a purchase order
or a written notice to proceed. The City reserves the right to cancel purchase prior to the time any
product within the purchase order has been shipped; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled the City will not reimburse Contractor for any avoidable
costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product,
or performance of services.
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed
on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa
Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;
b. Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as
though fully set forth herein. In the event of any inconsistency between the terms of the Agreement
and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties
or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The
Term is referred to as the "term" in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2)
or more counterparts, each of which will be deemed an original and all of which, taken together, will
Page 5 of 272
constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will
be deemed an original and binding upon the Party against whom enforcement is sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of any
inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the
Agreement will control.
Exhibits to this Agreement are the following:
• (A) Scope of Work
• (B) Pricing / (B-1) MSRP/Discount Lists
• (C) Mesa Standard Terms and Conditions
• (D) National IPA Documents
13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to
the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees
from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such
other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement.
15. Headinas. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
Page 6 of 272
By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms
of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA
Digitally signed by Edward
Quedens
BY:
DN: cn=Edward Quedens,
, ^ a
U-B.sines, Services
Decor,
email=ed.quedens@mesaa
qov, c=US
Printed Name
1. I'll 111111s:o]dl
07
Title
Date
Reviewed by:
nature
Jess Romney, CPPB
Procurement Officer
THE TORO COMPANY
n . 1/— 0 �L- t�'
Printed Name
0?, �9"VGI !✓�C;-a5er
Title
Date
Page 7 of 273
Attachment No. 3
RESOLUTION NO.2022-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2022 AND ENDING JUNE 30, 2023 (GROUNDS
MAINTENANCE EQUIPMENT)
WHEREAS, on April 19, 2022, the City Manager presented to the City Council a proposed
budget for Fiscal Year 2022-23 in compliance with Section 2-151(m) of the West Covina Municipal
Code; and
WHEREAS, following the initial presentation of the proposed budget for Fiscal Year 2022-
23, the City held meetings and community workshops and conducted an online budget survey in
order to solicit input from the public regarding the proposed budget; and
WHEREAS, on June 7, 2022, the City Council adopted a budget for the 2022-2023 Fiscal
Year; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Budget Amendment No. 2023-003, attached
hereto as Exhibit A, for Fiscal Year 2022-23.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter
the same in the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 6th day of September, 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2022-95 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 6th day of September,
2022, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2022-23
Budget Amendment No. 2023-003
Grounds Maintenance Equipment
Fund Name (No.)
Vehicle Replacement Fund (367)
Revenue
Expenditures
Revenue less Expenditures
Capital Projects Fund (No. 160)
Revenue
Expenditures
Revenue less Expenditures
Maintenance District #1 Fund (No. 181)
Revenue
Expenditures
Revenue less Expenditures
Maintenance District #2 Fund (No. 182)
Revenue
Expenditures
Revenue less Expenditures
Maintenance District #4 Fund (No. 184)
Revenue
Expenditures
Revenue less Expenditures
Maintenance District #6 Fund (No. 186)
Revenue
Expenditures
Revenue less Expenditures
Maintenance District #7 Fund (No. 187)
Revenue
Expenditures
Revenue less Expenditures
Maintenance District #8 Fund (No. 188)
Revenue
Expenditures
Revenue less Expenditures
Current
Budget
465,000
375,000
$90,000
800,000
3,859,999
($3,059,999)
656,930
343,080
$313,850
258,250
159,891
$98,359
3,350
1,160,285
($1,156,935)
380
179,271
Proposed
Amendment
0
131,181
($131,181)
0
9,836
($9,836)
0
274,130
($274,130)
0
71,092
($71,092)
0
85,053
($85,053)
Amended
Budget
465,000
506,181
($41,181)
800,000
3,869,835
($3,069,835)
656,930
617,210
$39,720
258,250
230,983
$27,267
3,350
1,245,338
($1,241,988)
380
186,369
($178,891) ($7,098) ($185,989)
560
178,596
($178,036)
2,052,280
2,188,227
($135,947)
0
16,370
($16,370)
0
51,407
($51,407)
560
194,966
($194,406)
2,052,280
2,239,634
($187,354)