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Home My WebLink AboutC32120 FYE 6-30-2013 Greens Fertilizer for Desert Willows Golf Resort 840-13Contract No. C 32120 CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: AUTHORIZATION TO PURCHASE GREENS FERTILIZER PRODUCTS FROM SOUTHWEST TURF SUPPORT, LLC, OF PHOENIZ, ARIZONA, (CONTRACT NO. C 32120 ) FOR DESERT WILLOW GOLF RESORT FOR FISCAL YEAR ENDING (FYE) JUNE 30, 2013, IN AN AMOUNT NOT TO EXCEED $90,000 (PROJECT NO. 840-13) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Southwest Turf Support, LLC PO Box 72866 Phoenix, Arizona 85050 DATE: August 23, 2012 CONTENTS: Contract No. C 32120 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 32120 ) for the Desert Willow Golf Resort for FYE June 30, 2013, in an amount not to exceed $90,000 (Project No. 840- 13); 2. Determine the golf course greens fertilizer must be sole sourced; and 3. Authorize the City Manager to execute the contract. Funds are 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. In 2010, City staff posted a Notice Inviting Bids for the annual purchase; however, there was only one respondent due to Staff Report Authorization to Purchase Greens Fertilizer Products from Southwest Turf Support, LLC August 23, 2012 Page 2 of 3 the sole source nature of the product. Therefore, the Desert Willow Golf Resort is requesting authorization to purchase from the sole provider for Floratine Products Group for Riverside County, 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 provide 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. Staff has reviewed the sole source request with the City Attorney and recommends that the City Council authorize the Desert Willow Golf Resort to purchase the needed products from Southwest Turf Support, LLC for greens fertilizer products for the Desert Willow Golf Resort for FYE June.30, 2013. Fiscal Analysis The actual quantities of the greens fertilizer products purchased for FYE June 30, 2013, will be on an as needed basis dependent on many factors directly related to the turf and G:\PubWorks\Staff Reports\2012\August 23\05 Desert Willow Greens Fertilizer FYE 2013\SR - DW Sole Source Fertilzer FYE 2013.doc Staff Report Authorization to Purchase Greens Fertilizer Products from Southwest Turf Support, LLC August 23, 2012 Page 3 of 3 soil conditions. The Desert Willow Golf Resort golf course superintendent is responsible for the determination of the application and use of the fertilizers. The projected cost for greens fertilizer products is $90,000 for September 2012 through June 2013. No appropriation is required; funding is available in the current budget. Prepared By: Heather Buck, Project Coordinator Reviewed: KnidiA, Landscape Manager rtin Alvarez Director of Economic Development Mark Gr a wood, P. Director 6f Public Wo CITY COUNCII.A�ION APPROVED DENTED Paul S. Gibson, Director of Finance RECEIVED OTHER n M. Wohlmuth, City Manager AYES: NOES: ABSENT: AlIMP"— ABSTAIN: VERIFIED BY: ' Original on File with City 's office G:\PubWorks\Staff Reports\2012\Aogusl23\05 Desert Willow Greens Fertilizer FYE 2013\SR - DW Sole Source Fertilzer FYE 2013.doc CITY OF PALM DESERT DESERT WILLOW GOLF RESORT GREENS FERTILIZER PRODUCTS FOR FYE 2013 CONTRACT NO. C 32120 PROJECT NO. 840-13 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 23rd day of August 2012, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR," and Southwest Turf Support, LLC, herein referred to as "Contractor." WITNESSETH: WHEREAS, on August 23, 2012, the Palm Desert City Council authorized City staff to negotiate with Contractor for greens fertilizer products for FYE 2013 for the Desert Willow Golf Resort; and WHEREAS, on August 23, 2012, 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, 2013 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, 2013. (2) DWGR'S OBLIGATIONS For furnishing services, as specified in this Agreement, DWGR will pay and Contractor shall receive in full compensation, therefore the total sum not to exceed ninety thousand dollars ($ 90,000) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by DWGR. (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 32120 (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless the Desert Willow Golf Resort and City of Palm Desert, its 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 DWGR and City and do whatever is necessary to protect the DWGR and City of Palm Desert, its 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. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement Page 2 of 6 Contract No. C 32120 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 GOLF RESORT: IF TO CONTRACTOR: 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 (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. Page 3 of 6 Contract No. C 32120 (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: Title: 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 ATTEST: RACHELLE D. KLASSEN CITY CLERK Palm Desert, California APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS Page 4 of 6 Contract No. C 32120 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 32120 EXHIBIT A - UNIT PRICING SCHEDULE Southwest Turf Support, LLC- 2013 Price List for Floratine Products Item # Description Unit Size Units P/Case Total Qty Price P/Unit Case Pail 10000 Astron Gallon 2 X 2.5 5 93.00 $ 465.00 10010 Calphlex Gallon 2 X 2.5 5 51.00 $ 255.00 10030 Defense Mag Pound 4 X 3.6 14.4 12.50 $ 180.00 10040 Defense Man Pound 4 X 1.6 6.4 $ 23.44 $ 150.00 Eon 75 Pound 22 Lb. 22 $ 3.41 $ 75.00 10050 Floradox Pro Gallon 2 X 2.5 5 $ 100.00 $ 500.00 10119 FP-747 Gallon 2 X 2.5 5 $ 44.00 $ 220.00 10120 Germinex Tale TG Pound 2 X 2 4 $ 52.50 $, 210.00 10160 High Five Gallon 2 X 2.5 5 $ 86.00 $ 430.00 10182 Iron Maid Gallon 1 X 55 55 $ 13.64 10253 Knife Plus Gallon 2 X 2.5 5 $ 52.00 $ 260.00 10186 Largo Gallon 1 X 55 55 $ 45.45 10104 Maxiplex Gallon 2 X 2.5 5 $ 38.00 $ 190.00 10329 Nutrifoam Pro Jump Start Can 12x17 oz 12 $ 20.00 $ 240.00 10080 Oxyflor Gallon 2 X 2.5 5 $ 96.00 $ 480.00 10208 P-48 Pound IX 25 25 $ 8.00 $ 200.00 10134 Pelt Pro Applicator Box 1 / Box 1 $ 100.00 $ 100.00 10090 Per "4" Max Gallon 2 X 2.5 5 $ 83.00 $ 415.00 10100 Perk Up Gallon 2 X 2.5 5 $ 92.00 $ 460.00 10105 Pervade Gallon 2 X 2.5 5 46.00 $ 230.00 10130 Pervade Mag. Pellets Pellet 2 x 1 2 $ 100.00 $ 200.00 10131 Pervade Max Pellets Pellet 12 X 1 12 $ 13.33 $ 160.00 10574 PhleX-Mag Gallon 2 X 2.5 5 $ 44.00 ,$ 220.0,0 10107 Phlex-Man Gallon 2 X 2.5 5 $ 44.00 $ 220.00 10121 PK Fight Gallon 2 X 2.5 5 $ 66.00 $ 330.00 10286 Power 0-0-22 Gallon 2 X 2.5 5 $, 38.00 $ 190.00 10290 Power 0-22-28 Gallon 2 X 2.5 5 $ 66.00 $ 330.00 10276 Power 23-0-0 Gallon 2 X 2.5 5 $ 34.00 $ 170.00 10281 Power 24-0-0 Galion 2 X 2.5 5 $ 34.00 $ 170.00 10295 Propel Gallon 1 X 55 55 $ 16.36 10101 Protesyn Gallon 2 X 2.5 5 $ 53.00 $ 265.00 10135 Quad K Pound 1 X 44 44 $ 4.09 $ 180.00 10325 Raider Plus Gallon 2 X 2.5 5 $ 40.00 $ 200.00 10102 Renaissance Gallon 2 X 2.5 5 $ 51.00 $ 255.00 10132 Retain Mag. Pellets Pellet 2 X 1 2 $ 100-00 $ 200.00 10133 Retain Max Pellets Pellet 12 X 1 12 $ 13.33 $ 160.00 10122 Retain Pro Gallon 2 X 2.5 5 $ 75.00 $ 375.00 10103 Thatch Buster Gallon 2 X 2.5 5 $ 113.00 $ 565.00 10111 Trical 35-SP Pound 1 X 15 is $ 6.00 90.00 10258 Trical Max Pellets Pellet 12 X 1 12 $ 10-00 120.00 10112 Turgor Gallon 2 X 2.5 5 44.00 $ 220.00 Page 6 of 6