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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. 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