The URL can be used to link to this page

Home My WebLink AboutC34490 - Desert Willow Golf Resort - Greens Fertilizer ProductsContract No. C 34490 CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: AUTHORIZATION TO PURCHASE GREENS FERTILIZER PRODUCTS FROM SOUTHWEST TURF SUPPORT, LLC, OF PHOENIX, ARIZONA, (CONTRACT NO. C 34490 ) FOR DESERT WILLOW GOLF RESORT FOR FISCAL YEAR 2015-16, IN AN AMOUNT NOT TO EXCEED $120,000 SUBMITTED BY: Martin Alvarez, Director of Economic Development CONTRACTOR: Southwest Turf Support, LLC P.O. Box 72866 Phoenix, Arizona 85050 DATE: June 11, 2015 CONTENTS: Agreement Recommendation By Minute Motion: 1. Authorize the Desert Willow Golf Resort to purchase greens fertilizer products from Southwest Turf Support, LLC, of Phoenix, Arizona, (Contract No. C 34490 ) for the Desert Willow Golf Resort for FY 2015-16, in an amount not to exceed $120,000; 2. Authorize the City Manager to execute the Agreement. Contingent upon approval of the City's Annual Fiscal Year 2015/16 Budget, funds will be available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Background The greens at the Desert Willow Golf Resort require a specialized fertilizer manufactured by the Floratine Products Group. On September 29, 2011, City Council determined that the sole provider for Floratine Products Group for Riverside County is Southwest Turf Support, LLC. Staff Report Contract No. C34490 Authorization to Purchase Greens Fertilizer Products from Southwest Turf Support, LLC Page 2 of 3 June 11, 2015 Therefore, the Desert Willow Golf Resort is requesting authorization to purchase the greens fertilizer for Fiscal Year 2015-2016 from Southwest Turf Support, LLC. Golf course putting greens receive a scheduled program of products based on physical soil analysis throughout the year, keeping putting green health at its optimum. The products are applied as a mixed solution through liquid fertilizer applications. The mixed solution used consists of several products based on the specific needs of the turf during any particular growing season. The specific need is determined through soil and tissue testing. The flexibility of this structure is vital in providing superior putting quality as well as controlling pathogens, insect populations, and weed invasion. This process allows for different custom -blended mixes throughout the year calibrated to the current condition of the course, weather, or golf activity. There are several distinguishing characteristics that are unique to Floratine products: • They address the total health needs of the turf. Other companies address only turf growth rate and aesthetics. • These products are designed for use with non -potable irrigation water. • The products are designed specifically for use on golf courses. • The products provided contribute to efficiency of turf maintenance. Floratine products have a long track record of being used on golf course putting greens and are used on several other Coachella Valley golf courses with similar conditions, including, but not limited to: • SilverRock Resort (La Quinta) • The Springs Country Club (Rancho Mirage) • The Citrus Club at La Quinta Resort (La Quinta) Floratine products are flexible in addressing specific forms of plant stress brought on by the extreme desert environment, non -potable water use, and physical impact of the game of golf. Other companies do not have the variety of products to address each form of plant stress. Fiscal Analysis The actual quantities of the greens fertilizer products purchased for FY 2015-16 will be on an as -needed basis dependent on many factors directly related to the turf and soil conditions. The Desert Willow Golf Resort golf course superintendent is responsible for the determination of the application and use of the fertilizers. G VdaWartin Alvarez\Desert Willow\Greens Fertilizer\SR - DW Sole Source Fertilzer FY 2015-16.doc Staff Report Contract No. C34490 Authorization to Purchase Greens Fertilizer Products from Southwest Turf Support, LLC Page 3 of 3 June 11, 2015 The projected cost for greens fertilizer products is in the amount not to exceed $120,000 for July 2015 through June 2016. Contingent upon City Council's approval of the City's Annual 2015/16 Budget, no appropriation is anticipated. Prepared By: Martin Alvarez Director of Economic Development Rev' wed by: JG� Paul S. Gibson, Director of Finance I1 M. Wohlmuth, City Manager Department Head: udy Xcosta Assistant City Manager G\rda\Martin Alvarez\Desert Willow\Greens Fertilizer\SR - DW Sole Source Fertdzer FY 2015-16.doc CITY OF PALM DESERT DESERT WILLOW GOLF RESORT GREENS FERTILIZER PRODUCTS FOR FY 2015-16 CONTRACT NO. C 34490 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 11th day of June 2015, by and between CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "DWGR," and Southwest Turf Support, LLC, herein referred to as "Contractor." WITNESSETH: WHEREAS, on June 11, 2015, the Palm Desert City Council authorized City staff to negotiate with Contractor for greens fertilizer products for FY 2015-16 for the Desert Willow Golf Resort; and WHEREAS, on June 11, 2015, the Palm Desert City Council determined that the golf course greens fertilizer must be sole sourced; and WHEREAS, pursuant to said negotiation, Contractor submitted a unit pricing proposal for greens fertilizer products, which was accepted by DWGR for said services; and WHEREAS, Contractor states that it has re-examined its contractor's proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite materials, skills, and forces, and has examined the site and Agreement for the money set forth in its proposal to be paid as provided in the contract documents; NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2016, or to such later date as may be agreed in writing between parties. Unit pricing shall be effective from date of execution of this Agreement through June 30, 2016. (2) DWGR'S OBLIGATIONS For furnishing services, as specified in this Agreement, DWGR will pay and Contractor shall receive in full compensation therefor the total sum not to exceed One Hundred Twenty Thousand and no/100 Dollars ($120,000.00) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by CITY. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by DWGR, Contractor agrees with DWGR to furnish the services and to do everything required by this Agreement. Page 1 of 6 Contract No. C g449n (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless KemperSports Management (Kemper), Desert Willow Golf Resort and City of Palm Desert, their officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify Kemper, DWGR and City and do whatever is necessary to protect Kemper, DWGR and City of Palm Desert, their officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City of Palm Desert. (6) TERMINATION If, during the term of this Agreement, the DWGR or City determines that Contractor is not faithfully abiding by any term or condition contained herein, DWGR or City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day period of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and DWGR or City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received the Notice of Termination, minus any offset from such payment representing the DWGR or City's damages from such breach. DWGR and City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the DWGR and City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Unit Pricing Schedule (Exhibit A); Addendum Nos. none; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. Page 2 of 6 Contract No. C 34490 (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) BINDING AGREEMENT This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. (10) CALIFORNIA LABOR CODE COMPLIANCE Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Further to the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (11) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (12) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: IF TO DESERT WILLOW IF TO CONTRACTOR: GOLF RESORT: Attention: Derek White Attention: John Morehouse DESERT WILLOW GOLF RESORT Southwest Turf Support, LLC 38-995 Desert Willow Drive PO Box 72866 Palm Desert, CA 92260 Phoenix, AZ 85050 Page 3 of 6 Contract No. C 34490 (13) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (14) AUTHORITY TO EXECUTE AGREEMENT Both DWGR and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: By: Printed name Signature (to be notarized) FOR DWGR/CITY BY: JOHN M. WOHLMUTH CITY MANAGER Palm Desert, California (Signature to be notarized) APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Title: ATTEST: RACHELLE D. KLASSEN CITY CLERK Palm Desert, California Page 4 of 6 Contract No. C CONTRACTOR ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20_, before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY ACKNOWLEDGMENT State of California ) ) SS. County of Riverside ) (seal) On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page 5 of 6 Contract No. C 34490 EXHIBIT A - UNIT PRICING SCHEDULE Distributor Price List EffectrveApril 1, 2014 \ � S W TS S{)tithvlCSt Turf S,Ipport Item# Description Unit Size Units Case Case Quantity Unit price Case Price FiarcitOre 10000 Astron Gallon 2 X 25 5 593/ al 465AD Blackout Gallon 2 x 2.5 5 $41/ al $ 205,00 1O1010 Cal hlex Gallon 2X 2.5 5 51jgal 25SDD 10030 Defense Malt Pound 4 X 3 6 14.4 $45/lult $ 180,00 10040 10efense Man Pound 4 X 1.6 6.4 $36Aus 14540 10322 Eon 75 (pail) Pound 1X22 1 $341/Ib $ 75 DO 10D50 Flora dox Pro Gallon 2X2.5 5 $100/9111 $ SOODO 10119 FP-747 Gallon 2 X 2.5 5 $44/ltal $ 220D0 10160 High Five Gallon 2 X 2.5 5 $86/ital $ 430A0 10181 Iron Maid Gallon 1X55 55 $15.50/ al $ 850 DO 10253 Knife Plus Gallon ZX25 5 5 I 260DO Knife Plus (drum) Gallon 1 X 55 55 47.27/ al $ 2,60000 1O1B6 La o(drum) Gallon 1X55 55 5. 50/ al 250000 10104 Maxi Iex Gallon 2X 2.5 5 537/ al 185 DO 10080 Oxyflor Gallon 2 X 2.5 5 9 I 480.OD 1020E P-48 Pound 1 X 25 25 $8.2 Ib $ 20540 10114 Pelt Pro Ap licaWr Box 1 Box 1 $1001box 100.00 10090 Per '4"Max Gallon 2X2.5 5 SB3/ al $ 415.00 10100 Perk Up Gallon 2 X 25 5 5921JR1 460D0 10105 Pervade Gallon 2 X 2.5 5 $44/ al $ 220D0 ,Pervade (drum) Gallon 1X55 55 34 55I $1900D0 Pervade (tote) Gallon 1 x 275 275 34.55/ I $ 9 50D 00 10130 Pervade Ma . Pellets Pellet 2x 1 2 $100/ ellet ZODAO 10131 Pervade Max Pellets Pellet 12X1 12 $12.90/pellet $ 155D0 10106 phlex-Mas Gallon IX 2.5 5 $441gal S 220D0 10107 PNex-Man Gallon 2 X 2.5 5 $44/ al $ 220.00 10121 PK Fight Gallon 2 X 2.5 5 $64/ al 320.00 :92DD Pogo Each 1 1 $2000.DO/each $ 2A00.00 10206 Power 0-422 Gallon 2 X 2.5 5 $3 al 190 GO 10272 Power 4-4-16 Gallon 2 X 2 5 5 $39/ al $ 195D0 10290 Power 0-22-28 Gallon 2X 2.S 5 I 320.00 10276 Power 23-0-0 Gallon 2 X 2.5 5 $34/ al $ 170.00 10261 Power 24-0-0 Gallon 2 X 2.5 5 S34/ al I)OW 10295 Propel (drum) Gallon 1 X 55 55 $16.36/ al $ 90o OO 10101 Protesyn Gallon 2 X 2.5 5 $54/gal S 270D0 10135 Quad K Pound 1 X44 44 54.2D/Ib 18S D0 10325 lRaider Plus Gallon IX2.5 5 I 200D0 10102 Renaissance Gallon 2 X 2.5 5 $51/ al S 255D0 10132 Retain Mal. Pellets Pellet 2 X 1 2 pellet 200D0 10133 Retain Max Pellets Pellet 12 X 1 12 1375 16500 1012I Retain Pro Gallon 2 X 2.5 5 $74/ al $ 170D0 10103 Thatch Buster Gallon 2 X 2-5 5 $125/tal $ 625D0 10111 rlcal35-SP Pound 1X15 15 b S 90DD 10112 Tur or Gallon 2 X 2.5 5 $44/ al $ 220,00 10207 ur or Ilon Gallon 1 X 55 55 40D I $ 2 AW 10126 Calspra-Mg Gallon 2 X 2.5 1 5 $30/ al $ 190.00 Csn Power 19531 GP 5-1-1 Pound 50 Lb. 1 535/bag $ 1,400D0 19129 GP 11-2-9 Pound 50 Lb. 1 $48/bag $1,920.00 United Tur ANronce 19121 ARMOR TECH Green Shade pigment 12 x 1 qt 12 x 1 $37 50 qt S 450D0 19142 ARMORTECH Pho hlte42 fertilizer Gallon 2x2.5 7 I 375D0 19065 ARMOR TECH Kade 65 herbicide (barricade) lbs. 4 X 5 1 Ib 360O0 ARMOR TECH Threesome herbldde Gallon 2 x 2.5 3 al 175D0 ARMOR TECH QuinPro 75 OF herbicide Lbs. 6 x 1 $62/lb $ 372D0 19013 ARMOR TECH PGR113 pgr (primp maxi) Gallon 2x1 200 al 40040 19223 ARMOR TECH PAC 223 plir trim mit) Gallon 4 X 1 $275/ al 1,100D0 19441 Mallet from Nufarm Insecticide Lbs. 4X4x 1_6oz 1.6 lb) 8125 b 1300D 19050 Arena from Valent insecticide Lbs. 4x40 oz (10 Ibs) $250/lb $2,500A0 T p nra TDAT TurboDrop Asymmetric Duel Fan Nozzles, Full Ceram¢ (sizes0l-w $4625 AO TurboOrop AyMmetric Duel Fan Nozzles, Pol Gehl sizes 01-101 Z225 TOCAD Turbo Drop Asymmetric Dud Fan Nozzles, Semi -Ceramic $3035 XLUD Medium Pressure PolyacetalTurboDropXLVenturlNotdc,130(01-10) $13.65 TOCXLIID Medium Pressure Semi -Ceramic Turbo Drop XL Venturi Nozzle, 110(01-1D) $22.50 Page 6 of 6