2008-116-Authorizing The Town Manager To Execute An Agreement With Ross Recreation Equipment Company Inc.RESOLUTION 2008-116
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH
ROSS RECREATION EQUIPMENT COMPANY, INC.
FOR THE REPLACEMENT PURCHASE AND INSTALLATION OF
A PARK STRUCTURE FOR LIVE OAK MANOR PARK
IN THE AMOUNT OF $51,147.32
WHEREAS, a park structure at Live Oak Manor Parlc was destroyed in a fire in August
2008; and
WHEREAS, Ross Recreation Equipment Company, Inc•, who is the authorized Northern California dealer for
t111S typo Of eglllpinellt, installed the original playground equipment at Live Oak Manor Park; and
WHEREAS, parts of the playground equipment that could be reused have been salvaged; and
WHEREAS, staff recommends the replacement purchase of a pack structure from Ross Recreation Equipment
Company, Inc., for this equipment, and.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that Ross Recreation Equipment Company, Inc, is declared to be the authorized satisfactory
vendor for the purchase of a park structure; and
13r IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to execute an
agreement (Attached as Exhibit A) for the equipment purchase of a park structure in the amount of $51,147.32.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held
on the 20th day of October, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt,
Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
C~C~~° ,
RK THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Joe Pirzynski, Mike Wasserman, and Mayor
SIGNED:
~ v~JG.
MAYOR OF HE TO OF LOS GATOS
LOS A S, CALIFORNIA
AGREEMENT BETWEEN T)FIE TOWN OF LOS GATOS AND
ROSS RECREATION EQUIPMENT COMPANY, INC.
FOR TIIE REPI.,ACEMENT PURCHASE AND INSTALLATION
OF A PARK STRUCTURE FOR LIVE OAK MANOR PARK
TIFIIS AGREEMENT is made and entered into ui the Town of Los Gatas, County of
Santa Claxa, State of California, by and between the Town of Los Gatos, a municipal
coxporation [hereinafter Tawnj, and Ross Recreation Equipment Company, Inc, [hereinafter
Vendor], as of the day , 2008.
RECITALS
(A) A Quotation was sought by the Town for the purchase described in this Agreement, and
Vendor was found to be a responsible supplier for this purchase.
{A} Vendor represents that it is a qualified and competent supplier of the equipment to be
purchased under this Agreement.
IT IS AGREED AS FOLLOWS:
Supplies and Terms. Vendar hereby agrees to deliver to the Tawn of Los Gatos Paxlcs
and Public Woxlcs Department at 41 Miles Avenue, Los Gatos, CA 95030 the items ai1d
materials described in Exhibit A hereto. The terms and conditions .axe as follows:
2. Price. Town shall pay Vendor $51,147.32, which include sales tax and delivery charges.
Payment shall be net 30 days from delivery.
Ilisurance.
A. Miiuintun Scope of insurance;
i. Vendor agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her fum to
Dui amount not Iess than: one million dollars ($1,000,000} combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Vendor agrees to have and maintain for the durationx of the contract, an
Automobile Liability u~surailce policy enstuing him/her and his/her staff
to an amount not less than one million dollars ($1,000,000} combined
single 1unit per accident far bodily injury and property damage.
iii. Vendor shall provide to the Town all certificates of instuance, with
original endorsements effecting coverage including loss of property due to
fire loss. Vendor agrees that all certificates and endorsements are to be
received and approved by the Town before work calnmences.
iv. Vendor agrees to have and. maintain, for the duration of the contract,
professional liability insurance in amounts not less than $ I,OQQ,Q00 which
is sufficient to .insure Vendor for professional errors or omissions in the
performance of the particular scope of work undex this agreement.
B. General Liability:
i. The 'T'own, its officers, officials, employees azicl volunteers are to be
covered as insured as respects: liability arising out of activities performed
by or on behalf of the Vendor; products and completed operations of
Consultant, prenuses owned or used by the Vendor. This requirement
does not apply to the professional liability insurance required for
professional errors and omissions.
ii. The Vendor's insurance coverage shall be primary insuurance as respects
. the Town, its officers, officials, employees and voltulteers• Any insurance
or self-insurances maintained by the Town, its officers, afficials,
employees or volunteers shall be excess of the Vend.or's insurance and
shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Towzi, its officers, officials, employees or
volunteers,
iv. The Vezadoz•'s insturance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability,
C. All Coverages: Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, caz7celed, reduced in coverage
or in lizzlits except after thirty (30) days' prior written notice by certified mail,
retzu'n receipt requested, has been given to the Town. Current certification of
such insurance shall be kept on file at all tinges during the term of this agreerxzent
with the Clerlc Administrator.
I]. In addition to these policies, Vendor shall have and maintain Worlters'
Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before begizuaing services raider this Agreement.
1?ur~lier, Vendor shall ensure that all subcoz1tractors employed by Vendor provide the
required Workers' Compensation insurance for their respective employees.
4. Indemnification. The Vendor shall save, keep ..and hold harmless, inderruufy and defend
the Town, its officers, agent, employees and volunteers from. all damages, liabilities,
penalties, costs, or expenses in law or ecliuty that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of perforrniYig work which znay be occasioned by a willful or negligent act or omission of
the Vendor, or any of the Vendor's officers, employees; or agents or any subcontractor.
Warranty. Vendor shall remedy any defects due to faulty materials and/or workmanship
fTOn1 the date of installation of equipment, Warranty fiime lines for equipment shall be as
follows: Labor and materials shall be warranted by the Vendor for one year.
6. Delivery, Vendor shall be responsible to deliver and install equipment no later than
TanrYary 1, 2009.
7. Time of the Essence. Prompt delivery of the items and materials is essential to this
.agreement.
8. Equal Employment Ot~portiinity. Vendor warrants that it is an Equal Opportunity
Employer and shall comply with applicable regulations regarding equal employment
opportunity. Vendor shall not discriminate in the employment of any person because of
race, color, national origin, ancestry, mental or physical disability, medical condition,
marital status, sex, age, or sexual preference, unless based upon a bona fide occupational
qualification pzusuazrt to the California Fair Employment and Housing Act.
Notices. All notices to be giver~z with respect to this Agreement sha11 be addressed as
follows;
To: Town of ~,os Gatos
Town of Los Gatos
Parks oral Public Worlcs Department
41 Miles Avenue
Los Gatos, CA 95030
To: Vendor
Ross Recreation Equipment Company, h1c.
100 J3rush Creels Road
Santa Rosa, CA 90255
Attn: Jenny Ogston
10. Waivers. Waiver of a breach or default under this .Agreement shall not constitzrte a
continuing waiver or a waiver of a subsequent breach of tyre same or any other provision
of the Agreement.
11. Modification. Waiver, termination, or amendment to this Agreement is effective unless
made in writing and signed by the Town and t11e Vendor.
l2. Severability. If any term of this Agreezxzent is held invalid by a court of competent
jYUisdiction, the remainder of this Agreement shall remainrn effect.
13. Entire A~reenlent. This Agreement including Exhibit A sets forth the entire
understanding between the patties.
IN WITNESS WHEREOT+", the Town and the 'Vendor have executed this Agreement an the
date above written.
Town of Los Gatos, by:
Greg Larson, `Town Manager
Ross Recreation Equipment Company
Signature
Recommended by:
'Ibdd Capw•so
Director of Parks anti Public Worlcs
Print Name
Approved as to Form;
Attest:
Town of Los Gatos, Los Gatos California
Carry P. Korb, Town Attorney Jackie Rose, Clerk Administrator
ATTACHMENT 2
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