HomeMy WebLinkAbout12565RESOLUTION NO. 12565
A RESOLUTION APPROVING THE ACQUISITION OF
MAINTENANCE EQUIPMENT AND GOLF CARTS FOR
ELMWOOD GOLF COURSE AND WALKING STICK GOLF
COURSE AND AUTHORIZING THE PURCHASING AGENT
TO EXECUTE PURCHASE AGREEMENTS FOR SAME
WHEREAS, the City and the Golf Course Enterprise has partnered with the City
of Tucson, AZ to utilize a national cooperative purchasing agreement with the National
Intergovernmental Purchasing Alliance and the TORO Company to acquire new
grounds maintenance equipment; and
WHEREAS, proposals for golf carts have been solicited, received, evaluated and
the best proposals selected; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A bid award for the purchase of ground maintenance equipment for the Golf
Course Enterprise, (“Equipment”) for a purchase price not to exceed $639,927.03, is
hereby made to L.L. Johnson Distributing Company, Inc., a Colorado corporation,
subject to (a) execution of a definitive Purchase Agreement in substantially the form
attached hereto ("Purchase Agreement"), and (b) approval of a lease purchase
agreement relating to the Equipment by separate Resolution.
SECTION 2.
A bid award for the purchase of golf carts for the Golf Course Enterprise,
(“Equipment”) for a purchase price not to exceed a total of $317,404.00, is hereby made
to Masek Rocky Mountain Distribution, Inc., a Delaware Corporation d/b/a Golf Cars of
Colorado, subject to (a) execution of a definitive Purchase Agreement in substantially
the form attached hereto ("Purchase Agreement"), and (b) approval of a lease purchase
agreement relating to the Equipment by separate Resolution.
SECTION 3.
Upon approval of the final Purchase Agreements as to form by the City Attorney,
and upon approval of a Resolution approving lease purchase financing, the Purchasing
Agent is hereby authorized to execute said Purchase Agreements for and on behalf of
Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest same.
SECTION 4.
This Resolution shall become effective upon approval and passage.
INTRODUCED: December 26, 2012
BY: Sandy Daff
COUNCIL PERSON
Background Paper for Proposed
RESOLUTION
DATE: AGENDA ITEM # Q-2
December 26, 2012
DEPARTMENT:
Parks and Recreation Department
Steven Meier, Interim Director
Finance Department
Sam Azad, Director
TITLE
A RESOLUTION APPROVING THE ACQUISITION OF MAINTENANCE EQUIPMENT
AND GOLF CARTS FOR ELMWOOD GOLF COURSE AND WALKING STICK GOLF
COURSE AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE
PURCHASE AGREEMENTS FOR SAME
ISSUE
Should City Council approve the purchase of grounds maintenance equipment and new
golf carts for the Golf Course Enterprise, Elmwood and Walking Stick Golf Courses?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
This Resolution would approve the acquisition of grounds and facility maintenance
equipment manufactured by the TORO Company and distributed through L.L. Johnson
Distributing Company of Denver, Colorado and golf carts, driving range utility carts and
refreshment carts distributed through Masek Golf Cars of Colorado.
In 2007, the City of Tucson, AZ established a national cooperative purchasing
agreement for grounds maintenance equipment with the National Intergovernmental
Purchasing Alliance and the TORO Company. Rather than having to go out for a
competitive bid for this equipment, the City and the Golf Course Enterprise has
partnered with a Colorado TORO distributor, L.L. Johnson, to take advantage of this
cooperative agreement. The Golf Course Enterprise will lease/purchase twenty-four (24)
new mowers, one (1) reel grinder, one (1) spreader, and one (1) bunker rake vehicle.
The total cost for this equipment is $639,927.03.
A request for proposals was issued for one hundred and forty-two (142) new gas golf
carts, two (2) gas driving range utility carts, and two (2) gas refreshment carts. The total
cost for this equipment is $317,404.00.
This Resolution is presented for City Council consideration concurrently with a separate
Resolution for the lease/purchase of this equipment.
FINANCIAL IMPACT
The lease purchase of the equipment is contingent upon the approval, execution and
funding of the State and Municipal Lease/Purchase Agreement between Pueblo, a
Municipal Corporation and Commerce Bank, a Missouri Banking Corporation. Lease
payments, operation, and maintenance of this equipment will be an ongoing operating
expense of the Golf Course Enterprise and sufficient funds have been allocated in the
2013 proposed budget and are to be budgeted to cover lease payments over the five
year repayment period.
PURCHASING AGREEMENT
THIS AGREEMENT entered this 26 day of December , 2012 by and between Pueblo, a
Municipal Corporation (hereinafter referred to as the "City") and L.L. Johnson Distributing Company, a
Colorado Corporation (hereinafter referred to as "Company ").
WHEREAS, the equipment referenced herein is being purchased through a national cooperative
purchasing agreement with the National Intergovernmental Purchasing Alliance and the TORO Company;
NOW THEREFORE, the Parties hereby agree to the following terms and conditions:
1. In consideration of the payment of the fixed purchase price for the maintenance
equipment as provided herein, Company agrees to furnish and deliver to City, complete in every aspect,
the equipment listed in the equipment schedule attached hereto as Exhibit A (hereinafter "Equipment "), in
accordance and fully complying with and subject to the terms, conditions and requirements set forth in
this Purchasing Agreement:
2. Company warrants that the Equipment is free from any and all defects, is fit for its
intended purpose and complies with all industry standards. In the event of any conflict between said
Specifications and the terms of this instrument, this instrument shall control; in the event of any conflict
between the Specifications and any product literature of Company, or any custom or usage, or standards
of any trade association or group relating to the Equipment purchased hereinafter, this instrument and the
Specifications shall control.
3. (a) The Equipment shall be delivered by Company, at Company's expense, to City,
at such place within the City of Pueblo, Colorado as shall be designated by the City's Purchasing Agent
and/or Fleet Superintendant, within the period between the Early Delivery Date and Deadline as set forth
below:
Items Early Delivery Date Deadline (outside Delivery Date)
See Exhibit A attached 30 days after receiving 90 days after receiving Purchase Order
Purchase Order
The delivery deadline for any item shall only be extended by City for delay in delivery caused by
(A) unavailability of materials due to war or national emergency, (B) unavailability of transportation for
the Equipment to Pueblo, Colorado caused by strike, (C) nuclear detonation or (D) catastrophic acts of
God affecting the availability of materials or labor critical to the timely manufacture and the delivery of
the Equipment.
(b) Time is of the essence with respect to delivery of the Equipment under this
Purchasing Agreement.
(c) Risk of loss shall be upon Company until delivery of items in Pueblo and
acceptance of same by City. Acceptance shall be made by City only if the items conform to this
Purchasing Agreement and the Specifications, and satisfactorily pass the Performance Test and
Requirements set forth in the Specifications.
-Page 1-
4. A competent representative of Company shall, upon City's request, provide necessary
instruction to City employees as to the operation and use of the Equipment, in Pueblo, Colorado, and at
no additional charge to City.
5. Payment to Company shall be made at the following time and in the following manner:
In one lump sum payable upon delivery of Equipment or the funding of the Lease Purchase Agreement
between City and Commerce Bank, or affiliated leasing company ( "Lessor "), whichever occurs later.
This Purchase Agreement is made expressly contingent upon the City entering into the Lease Purchase
Agreement with Lessor; in the event the Lease Purchase Agreement fails to close or proceeds are not
made available for the purchase of the Equipment on or before April 1, 2013 , this Purchasing Agreement
shall be deemed terminated and of no effect, and both parties shall be released from all obligations
hereunder.
6. Company shall pay for all royalties and licensing of patents for any patented material or
product used by Company or incorporated into the equipment purchased under this Purchasing
Agreement. Company shall also indemnify, defend and hold City harmless against any and all claims that
the Equipment, or any part or portion thereof, infringe upon any patent. City shall: (a) Promptly notify
Company of any claim for which indemnification may be sought, (b) cooperate fully in the defense of
such claim provided that such cooperation shall not require the incurring of any expense on the part of
City, and (c) permit Company to settle or compromise such claim on terms and conditions which, in good
faith, it determines to be appropriate; provided, however, that any settlement shall not result in any cost or
expense to City nor result in the City being deprived of the use of the equipment reasonably comparable
to the infringing equipment.
7. This Purchasing Agreement and the rights, title and interests of the parties therein, shall
not be assigned or transferred by either party, except upon prior written consent of the other party;
provided, however, that Company herein provides and grants such consent to City assigning and
transferring this Purchase Agreement and its rights hereunder, or a portion thereof, to any third party
leasing or financing source with whom the City agrees, on City's behalf, to provide payment to Company
of amounts owed or to be owed by City to Company hereunder, or otherwise relating to City's leasing or
financing of the equipment contemplated hereby, and Company hereby agrees to execute all documents
reasonably necessary to effect such agreement. In the event of any such assignment by City, City may
also assign Company's Performance Bond (if any required).
8. This Purchasing Agreement, including the warranties required by the foregoing,
constitute the entire agreement between the parties, and there are no representations, conditions, or
collateral agreements, expressed or implied, with respect to this Purchasing Agreement other than as
contained herein, and this Agreement shall supersede all previous communications, representations or
agreements, either written or oral, between the parties to this Purchasing Agreement. This Purchase
Agreement may not be modified or changed in any way except by written agreement signed by the,
persons authorized to sign agreements on behalf of Company and City.
9. This Purchasing Agreement shall be governed by the laws of the State of Colorado and
shall be construed in accordance therewith. The parties agree that venue for all actions or causes of action
relating to or arising from this Purchasing Agreement, or the equipment purchased hereunder, shall be in
Pueblo County, Colorado. All such actions filed in the District Court, County of Pueblo, State of
Colorado, and the parties submit to the jurisdiction of that Court.
-Page 2-
CITY OF PUEBLO, a Municipal Corporation L.L. Johnson Distributing Company
By: a - -0 12.4 a , �'_'-- B �/ GZ,�. 71
Purchasing Agent
Attest: . Name: D4N /14E- Gc * 1 Q R
City Clerk
Title: P. 9' .
Balance of Appropriation Exists and
Funds are Available
Director o Finance
Approved as to form:
City Attorney /
-Page 3-
EXHIBIT A
Golf Course Enterprise Lease /Purchase Project
,q ,:u;zt}`i.: 4d ,s4..: 7' �.,s +'-'.i.§ k' rS ^ y- �t R c,piW� �ti'.. -iz t + z,;� .fgf ,.' a � . .. ,y, x e^ • ;x.'s t ' , ,?• ».,- �t 4 , e., ar. '� " ,' , u � VV, '
EQUIPMENT T
7 , N a ^ ; " is E 4 ,- ,, 'v f zA4t .' x �r ,, 3 A 4 -i a�E r S'4 l 14 m y its.r " ,1 �? .,. ;p
O BEFIPIANCEp ; � A.40,4 . ��,�. � � � ,�- � �, _ � � n,� f� � .� � # ��� ��4�� � � � �� � :.,� �?' ��'� �.µ'� R � � � aY.� ,�,.r
.z, .c. e w .+, a ; r �...,. , '. , 2i^ ?, ; °;e r .� . "�' ee .;�'` (a f tti ^ s:M ` -'. usA•r: '� , 'r x LVt:- .. - aV�' �'lrf v ; x:'.'�t• > e^ ?'
j...,k.. ,.. .,.,`6W:�x�..c�.�,�..:�,�N�,:�: .aa..,�;?�� _,a. �'...,�:.� w�. _Y «..: . .a _c�,�:i:�_...�.G�. �ak`.'w. a, w,
WHERE EQUIPMENT WILL
VENDOR / EQUIPMENT DESCRIPTION BE LOCATED QTY UNIT PRICE TOTAL PRICE
LL Johnson
Groundsmaster 4300 -D mower w /accessories Elmwood GC 1 $41,881.57 $41,881.57
Reelmaster 5410 w /assessories Elmwood. GC 2 $29,684.72 $59,369.44
!8 Blade cutting units for Reelmaster 5410 Elmwood GC 2 $10,971.45 $21,942.90
Power rear roller brushes for Reelmaster 5 Elmwood GC 2 $2,1 $4,215.00
:Greenmaster 3150 -Q Tee Mower Elmwood GC 2
$19,951.17 $39,902.34
8 Blade cutting unit for Greenmaster 3150 -Q Elmwood GC 2 $5,135.40 $10,270.80
Greenmaster 3320 Triflex Hybrid Greens Mower Elmwood GC 2 $23,749.34 $47,498.68
11 Blade cutting unit for Greenmaster 3320 Elmwood GC 2 $5,787.57 $11,575.14
Workman MD w /assessories Elmwood GC 4 $7,411.01 $29,644.04
Groundsmaster 3500 -D Elmwood GC 1 $31,115.00 $31,115.00
Bernhard Express Dual 4000 Reel Grinder Elmwood GC 1 $39,400.00 $39,400.00
Trade -in
($4,250.00)
Total to LL Johnson $332,564.91
LL Johnson
Groundsmaster 4300 -D mower w /accessories Walking Stick GC 1 $41,881.57 $41,881.57
Reelmaster 5410 2WD w /assessories Walking Stick GC 1 $29,684.72 $29,684.72
8 Blade cutting units for Reelmaster 5410 Walking Stick GC 1 $10,971.45 $10,971.45
Power rear roller brushes for Reelmaster 5410 Walking Stick GC 1 $2,107.50 $2,107.50
Reelmaster 5410 4WD w /assessories Walking Stick GC 1 $29,684.72 $29,684.72
8 Blade cutting units for Reelmaster 5410 Walking Stick GC 1 $10,971.45 $10,971.45
Power rear roller brushes for Reelmaster 5410 Walking Stick GC 1 $2,107.50 $2,107.50
4WD kit for Reelmaster 5410 4WD Walking Stick GC 1 $3,712.15 $3,712.15
Greensmaster 3150 -Q Tee Mower Walking Stick GC 2 $19,951.17 $39,902.34
8 Blade cutting units for Greensmaster 3150 -Q Walking Stick GC 2 $5,135.40 $10,270.80
Greensmaster 3300 TriFlex Hydraulic Walking Stick GC 2 $21,648.11 $43,296.22
14 Blade cutting unit for Greensmaster 3300 Walking Stick GC 2 $6,390.51 $12,781.02
Sand Pro 5040 w /accessories Walking Stick GC 1 $14,490.46 $14,490.46
Tooth rake for Sand Pro Walking Stick GC 1 $1,062.74 $1,062.74
Workman MDX w /accessories Walking Stick GC 3 $9,251.06 $27,753.18
Groundsmaster 3500 -D Walking Stick GC 1 $31,115.00 $31,115.00
Workman HDX w /accessories Walking Stick GC 1 $18,596.74 $18,596.74
Vicon Spreader Walking Stick GC 1 $2,783.92 $2,783.92
Vicon Spreader Mounting Kit Walking Stick GC 1 $1,852.56 $1,852.56
Trade -in and Credit ($27,663.92)
Total to LL Johnson $307,362.12
GRAND TOTAL TO LL JOHNSON $639,927.03'
12/17/2012/4:55 PM
PURCHASING AGREEMENT
THIS AGREEMENT entered this 26 day of December , 2012 by and between Pueblo, a
Municipal Corporation (hereinafter referred to as the "City ") and Masek Rocky Mountain Distribution,
Inc. d/b /a Masek Golf Carts of Colorado, a Colorado Corporation (hereinafter referred to as "Company ").
WHEREAS, the City provided Company with an Invitation to Bid and Specifications for Project
No. 12 -084 (Golf Carts, utility and beverage vehicles for Walking Stick and Elmwood Golf Courses)
dated November 13, 2012, including any clarifications and addenda;
WHEREAS, Company responded to the Invitation to Bid and Specifications for Project No. 12-
084 on November 20, 2012, together with any written Exceptions to the Specifications; and
WHEREAS, the terms, conditions, covenants, requirements, and provisions set forth in the
Invitation to Bid and Specifications for Project 12 -084, Company's Response to the Invitation to Bid and
Specifications for Project 12 -084, and any clarifications, addenda, modifications, and exceptions thereto
(collectively hereinafter referred to as "Specifications "), are incorporated herein by this reference;
NOW THEREFORE, the Parties hereby agree to the following terms and conditions:
1. In consideration of the payment of the fixed purchase price for the golf carts as provided
herein, Company agrees to furnish and deliver to City, complete in every aspect, the golf carts listed
below (hereinafter "Equipment "), in accordance and fully complying with and subject to the terms,
conditions and requirements set forth in this Purchasing Agreement:
Descriptions of Vehicles, Price Delivered in
Quantity Equipment and Apparatus Pueblo, Colorado
142 2013 Yamaha Drive Gasoline $317,404.00
Golf Cars
2 2013 Bad Boy Buggy Range
Picker Cars
2 2013 Yamaha Fairway Lounge
Beverage Vehicles
2. The Equipment furnished hereinafter shall fully comply with the Specifications. In the
event of any conflict between said Specifications and the terms of this instrument, this instrument shall
control; in the event of any conflict between the Specifications and any product literature of Company, or
any custom or usage, or standards of any trade association or group relating to the Equipment purchased
hereinafter, this instrument and the Specifications shall control.
3. To the extent applicable, the Equipment furnished hereinafter shall fully conform to all
rules, regulations and standards adopted by the United States Department of Transportation (DOT) in
effect on the date of this Purchasing Agreement. Company shall have tested the Vehicle at Company's
plant site and the same shall have passed the test prior to delivery.
-Page 1-
4. (a) The Equipment shall be delivered by Company, at Company's expense, to City,
at such place within the City of Pueblo, Colorado as shall be designated by the City's Purchasing Agent
and/or Fleet Superintendant, within the period between the Early Delivery Date and Deadline as set forth
below:
Items Early Delivery Date Deadline (outside Delivery Date)
All items listed in terms 45 -60 days after receiving 65 -70 days after receiving
and conditions 1. above Purchase Order Purchase Order
The delivery deadline for any item shall only be extended by City for delay in delivery caused by
(A) unavailability of materials due to war or national emergency, (B) unavailability of transportation for
the Equipment to Pueblo, Colorado caused by strike, (C) nuclear detonation or (D) catastrophic acts of
God affecting the availability of materials or labor critical to the timely manufacture and the delivery of
the Equipment.
(b) Time is of the essence with respect to delivery of the Equipment under this
Purchasing Agreement.
(c) Risk of loss shall be upon Company until delivery of items in Pueblo and
acceptance of same by City. Acceptance shall be made by City only if the items conform to this
Purchasing Agreement and the Specifications, and satisfactorily pass the Performance Test and
Requirements set forth in the Specifications.
5. A competent representative of Company shall, upon City's request, provide necessary
instruction to City employees as to the operation and use of the Equipment, in Pueblo, Colorado, and at
no additional charge to City.
6. Payment to Company shall be made at the following time and in the following manner:
In one lump sum payable upon delivery of the Equipment to the City, or the funding of the Lease
Purchase Agreement between City and Commerce Bank, or affiliated leasing company ( "Lessor "),
whichever occurs later. This Purchase Agreement is made expressly contingent upon the City entering
into the Lease Purchase Agreement with Lessor; in the event the Lease Purchase Agreement fails to close
or proceeds are not made available for the purchase of the Equipment on or before January 21, 2013, this
Purchasing Agreement shall be deemed terminated and of no effect, and both parties shall be released
from all obligations hereunder.
7. Company shall pay for all royalties and licensing of patents for any patented material or
product used by Company or incorporated into the equipment purchased under this Purchasing
Agreement. Company shall also indemnify, defend and hold City harmless against any and all claims that
the Equipment, or any part or portion thereof, infringe upon any patent. City shall: (a) Promptly notify
Company of any claim for which indemnification may be sought, (b) cooperate fully in the defense of
such claim provided that such cooperation shall not require the incurring of any expense on the part of
City, and (c) permit Company to settle or compromise such claim on terms and conditions which, in good
faith, it determines to be appropriate; provided, however, that any settlement shall not result in any cost or
expense to City nor result in the City being deprived of the use of the equipment reasonably comparable
to the infringing equipment.
-Page 2-
8. This Purchasing Agreement and the rights, title and interests of the parties therein, shall
not be assigned or transferred by either party, except upon prior written consent of the other party;
provided, however, that Company herein provides and grants such consent to City assigning and
transferring this Purchase Agreement and its rights hereunder, or a portion thereof, to any third party
leasing or financing source with whom the City agrees, on City's behalf, to provide payment to Company
of amounts owed or to be owed by City to Company hereunder, or otherwise relating to City's leasing or
financing of the equipment contemplated hereby, and Company hereby agrees to execute all documents
reasonably necessary to effect such agreement. In the event of any such assignment by City, City may
also assign Company's Performance Bond (if any required).
9. This Purchasing Agreement, including the specifications incorporated by reference and
warranties required by the foregoing, constitute the entire agreement between the parties, and there are no
representations, conditions, or collateral agreements, expressed or implied, with respect to this Purchasing
Agreement other than as contained herein, and this Agreement shall supersede all previous
communications, or agreements, either written or oral, between the parties to this _ __
Purchasing Agreement. This Purchase Agreement may not be modified or changed in any way except by
written agreement signed by the persons authorized to sign agreements on behalf of Company and City.
10. This Purchasing Agreement shall be governed by the laws of the State of Colorado and
shall be construed in accordance therewith. The parties agree that venue for all actions or causes of action
relating to or arising from this Purchasing Agreement, or the equipment purchased hereunder, shall be in
Pueblo County, Colorado. All such actions filed in the District Court, County of Pueblo, State of
Colorado, and the parties submit to the jurisdiction of that Court.
CITY OF PUEBLO, a Municipal Corporation Masek Rocky Mountain Distribution, Inc. d /b /a
/; �n Masek Golf Cars of Colorado
By: d,e /�' ""' By: .....� `w•✓L --
Purchasing Agent
Attest: Name: "Tc on a c,
City Clerk
Title: pres:J& .,
Balance of Appropriation Exists and
Funds are Available
Director o Finance
Approved as to form:
>A4/‘:A C - ov &
City Attorney
-Page 3-
EXHIBIT If
Golf Course Enterprise Lease /Purchase Project
EQUIPMENT TO BE FINANCED
1 1R / EQUIPMENT DESCRIPTION WHERE EQUIPMENT WILL
BE LOCATED BE UNIT PRICE TOTAL PRICI
Masek Golf Cars of Colorado
New 2013 Gas Golf Carts with accessories and service agreement Elmwood GC 71 $3,987.00 5283,077.00
New 2013 Gas Golf Carts with accessories and service agreement Walking Stick GC 71 $3,987.00 5283,077.00
New 2013 Gas Driving Range Utility Carts with accessories and service agreement Elmwood GC 1 $9,275.00 $9,275.00
New 2013 Gas Driving Range Utility Carts with accessories and service agreement Walking Stick GC 1 59,275.00 $9,275.00
New 2013 Gas Refreshment Vehicles with accessories and service agreement Elmwood GC 1 $11,500.00 511,500.00
New.2013 Gas Refreshment Vehicles with accessories and service agreement Walking Stick GC 1 511,500.00 $11,500.00
Trade -in and Credit (5290,300.00
Total to Masek $317,404.00
GRAND TOTAL TO MASEK $317,404.00
12/17/2012/4:55 PN