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HomeMy WebLinkAboutID# 15-811 Purchase of Pre-Engineered Building Installation of Restroom Building Serenity ParkCITY OF LAKE 1PLS11 A0KE DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: November 10, 2015 SUBJECT: PURCHASE OF PRE - ENGINEERED BUILDING FOR INSTALLATION OF A RESTROOM BUILDING AT SERENITY PARK Recommendations Approve Resolution 2015 - authorizing participation in the National Purchasing Cooperative. 2. Authorize an expenditure of up to $105,689 to purchase a pre- engineered building from the Public Restroom Company (PRC) of Minden, Nevada, for the installation of a restroom building at Serenity Park. 3. Authorize the City Manager, or his designee, to execute the necessary contract documents if a form approved by the City Attorney. Backaround The proposed pre- engineered Public Restroom Company (PRC) building will be manufactured off -site, shipped and set in place using a crane. Using a pre- engineered building drastically shortens on -site construction disturbance and is typically more economical than an architecturally designed building that is built on -site. By purchasing the building directly from the manufacturer, it will avoid a contractor mark -up of about 15% or $15,000. Public Restroom Company was awarded a contract with the National School Board's BuyBoard® Purchasing Cooperative (Cooperative) in 2013. The Cooperative was developed to comply with laws that require government entities to purchase from a list of vendors who have completed a competitive bid process. Restroom Building at Serenity Park November 10, 2015 Page 2 The Lake Elsinore Municipal Code, Section 3.08.070 provides that certain exceptions to the standard open bid procedures are available when the "commodity or service can be obtained through a cooperative purchasing program devoted to local government procurement" or, alternatively, whenever the City Council authorizes staff to bypass such procedures for purchases in excess of $30,000 when in the best interest of the City. The Public Restroom Company restroom building represents the best product/price combination available such that an exception to the standard bidding process is warranted and in the best interest of the City. Fiscal Impact There is no impact to the General Fund. The cost to purchase the pre- engineered building is not expected to exceed $105,689 and sufficient funds are available with the CFD capital fund for Serenity Park for the restroom building, delivery & installation, and applicable taxes. Prepared by: Jason Simpson Director of Administrative Services Approved by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: 1. Resolution 2015 - 2. Interlocal Participation Agreement 3. Public Restroom Company's cost proposal dated November 4, 2015 4. Conceptual Building Floor Plan RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE NATIONAL PURCHASING COOPERATIVE WHEREAS, the City Council of the City of Lake Elsinore, California ( "City ") has elected to join the National Purchasing Cooperative (the "Cooperative" operating as "National BuyBoard ", a program created for the benefit of school districts and other governmental entities nationwide; and WHEREAS, the City is authorized to enter into the National Purchasing Cooperative by executing the National Purchasing Cooperative Organizational Interlocal Agreement (which is incorporated herein by reference); and WHEREAS, the City desires to participate and join with other governmental entities in the discharge of their respective public and governmental purposes, objectives, needs, programs, functions and services relative to purchasing; THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Authorizes the City Manager to execute the National Purchasing Cooperative Organizational Interlocal Agreement. SECTION 2. The execution of this Resolution is conclusive evidence of the City's approval of this action and of the authority granted herein. The City warrants that it has, and at the time of this action had, full power and lawful authority to adopt this instrument. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. City Council Resolution No. 2015 -_ Page 2 PASSED, APPROVED AND ADOPTED on this 10th day of November, 2015. Steve Manos, Mayor City of Lake Elsinore ATTEST: Diana Giron, Deputy City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, DIANA GIRON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015- was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of November, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Diana Giron Deputy City Clerk ard National Purchasing Cooperative NATIONAL PURCHASING COOPERATIVE INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement ( "Agreement ") is made and entered into on the date indicated below by and between The National Purchasing Cooperative ( "Cooperative "), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government ( "Cooperative Member "). I. RECITALS WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, pursuant to MD. CODE ANN., STATE FIN. & PROC. § 13 -110 (West 2009), and R.I.GEN.LAWS § 16 -2 -9.2 (2009); and WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members; NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, the undersigned Cooperative Member and the Cooperative agree as follows. II. TERMS AND CONDITIONS Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the Cooperative upon request). The Organizational Interlocal Agreement established the Cooperative as an administrative agency of its collective participants, and Cooperative Member agrees to become a participant or additional party to that Organizational Interlocal Agreement. 2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and shall automatically renew for successive one -year terms unless sooner terminated in accordance with the provisions of this Agreement. Termination. (a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative, provided any amounts owed to any vendor have been fully paid. Page 1 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). (b) By the Cooperative. The Cooperative may terminate this Agreement by: (1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member breaches this Agreement; or (2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or without cause. (c) Termination Procedure. If the Cooperative Member terminates its participation under this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all of its purchases made from vendors under or through this Agreement. The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. In addition, the Cooperative Member agrees it will not be entitled to a distribution which may occur after the Cooperative Member terminates from the Cooperative. 4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the bid invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing ancillary agreements from the vendor on such other terms and conditions, including provisions relating to insurance or bonding, that the Cooperative Member deems necessary or desirable under state or local law, local policy or rule, or within its business judgment. 5. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter "Vendor Fees ") may be up to two percent (2 %) of the purchase price paid by Cooperative Members or a flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the administrative, endorsement, licensing, marketing, and other expenses involved in successfully operating a program of electronic commerce for the Cooperative Members. Further, Cooperative Member affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees. 6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will depend on the overall financial condition of the Cooperative at the time of the distribution and the purchases made by the Cooperative Member. 7. Administration. The Cooperative may enter into contracts with others, including non - profit associations, for the administration, operation and sponsorship of the purchasing program provided by this Agreement. The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by Page 2 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative or its designee, in accordance with instructions of the Cooperative. 8. BuyBoard®. Cooperative Member will have a non - exclusive license to use the BuyBoard electronic purchasing application (BuyBoard) during the term of this Agreement. Cooperative Member acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has any proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server or acquire the programming code. The Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any component of the application. The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative (or its designee) and will discontinue use upon termination of participation in the Cooperative. The Cooperative Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own expense. III. GENERAL PROVISIONS Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent to the Cooperative Member at least 60 days prior to the effective date of any change described in such amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative before the expiration of said 60 days. 2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member represents and warrants that its governing body has duly authorized its participation in the Cooperative and that the Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods and services through its membership in the Cooperative. 3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all written policies and procedures established by the Cooperative. Notwithstanding the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to be binding on the Cooperative Member. The Cooperative shall promptly notify all Cooperative Members in writing of any Bylaw amendment, policy or procedure change. 4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and /or records made by the Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this provision shall be considered material and shall make the Agreement subject to termination on ten (10) days written notice to the Cooperative Member. 5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. Page 3 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). 6. Current Revenue. The Cooperative Member hereby warrants that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws. 9. Jurisdiction /Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island. 10. Legal Authority. The Cooperative Member represents and warrants to the Cooperative the following: a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing, and specifically, the National Purchasing Cooperative. b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew without subsequent action of its governing body. c) Purchases made under this Agreement will satisfy all procedural procurement requirements that the Cooperative Member must meet under all applicable local policy, regulation, or state law. d) All requirements —local or state —for a third party to approve, record or authorize the Agreement have been met. 11. Disclaimer. THE COOPERATIVE, ITS ENDORSERS AND SPONSORS, (INCLUDING, THE NATIONAL SCHOOL BOARDS ASSOCIATION, THE MARYLAND ASSOCIATION OF BOARDS OF EDUCATION, AND THE RHODE ISLAND ASSOCIATION OF SCHOOL COMMITTEES) AND SERVICING CONTRACTOR(S) (INCLUDING, THE NATIONAL SCHOOL BOARDS ASSOCIATION AND THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC.) DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Page 4 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). 12. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties agree that: (a) Neither party waives any immunity from liability afforded under law; (b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance for special, incidental, consequential, or exemplary damages; (c) The maximum amount of damages recoverable will be limited to the amount of fees which the Cooperative received as a direct result of the Cooperative Member's purchase activity, within 12 months of when the lawsuit or action was filed; and (d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover reasonable attorney's fees pursuant to the applicable law of the State of Rhode Island. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to limit the liability of the Cooperative's Endorsers, Sponsors and Servicing Contractors (defined in Paragraph 11, above) up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member's purchase activity, within 12 months of the filing of any lawsuit or action. 11 Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. 14. Merger/Entirety. This Agreement, together with the Cooperative's Bylaws and Organizational Interlocal Agreement, represents the complete understanding of the Cooperative and Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements. 15. Notice. Any written notice to the Cooperative shall be made by first class mail, postage prepaid, and delivered to the National Purchasing Cooperative, 1680 Duke Street, Alexandria, VA, 22314. Notices to Cooperative Member may be made by first class mail, postage prepaid, and delivered to the Cooperative Member's Coordinator or chief executive officer (e.g., superintendent, city manager, county judge or mayor). 16. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 17. Signatures /Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon a facsimile signature as if it were an original. Furthermore, this Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 18. Warranty. By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform Page 5 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). the terms of this Agreement. IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, accept this Agreement. TO BE COMPLETED BY THE COOPERATIVE: The National Purchasing Cooperative, acting on behalf of all other Cooperative Members Date: Director, State Association Partnership Services [Additional signature page follows.] (Revised by the Cooperative Board of Trustees on April 23, 2012). Page 6 of 7 TO BE COMPLETED BY COOPERATIVE MEMBER: [Signature required unless accepted as an Amendment by Notice as described in the Agreement.] CITY OF LAKE ELSINORE, CALIFORNIA (Name of Local Government) By: Date: November 11, 2015 Signature of authorized representative of Cooperative Member GRANT YATES, CITY MANAGER Printed name and title of authorized representative Coordinator for the JASON SIMPSON Cooperative Member is; Name Director of Administrative Services Title 130 So Main Street Mailing Address Lake Elsinore —11.7 California State 951 - 674 -3124 x362 Telephone Fax jsimpson @lake - elsinore.org Email 92530 Zip Code [Last page. Nothing follows.] Page 7 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). PUBLIC 10# f I RESTROOM COMPANY Building Better Places To Go." " Government Procurement Opportunities At Public Restroom Company, we never stop thinking about better ways to design, build, and deliver public restrooms and related buildings. oard Cooperative Purchasing National BuyBoard Cooperative Purchasing Public Restroom Company's buildings are available for immediate, direct purchase through our contract with the National BuyBoard Cooperative. As a BuyBoard cooperative member, Public Restroom Company's building prices are competitively priced! Benefits to loin: ✓ Streamline buying process ✓ Avoid the lengthy bid process ✓ Avoid contractor mark -ups ✓ Discounted pricing ✓ Percentage of purchase goes back to the Co -op ✓ Free to join For More Information or Frequently Asked Questions If you have questions the National BuyBoard website has a page of Frequently Asked Questions. Visit: http:awww. nsba .org /MainMenu /BuVBoard /FAQ.aspx Call: Steve Fisher (BuyBoard Rep) 800 - 695 -2919 or Public Restroom Company 888 - 888 -2060 Steps to Purchase from the BuyBoard 1.) Go to www.buVboard.com. 2.) Click on "Entity Registration" at the top of the page. 3.) Click on the "How to Join" link under the "All Other States (National Co -op)" category. This will bring you to the NSBA (National School Boards Association) website. 4.) Follow these steps to sign -up for the BuyBoard Co -op: • Complete the "sample resolution" only if your state law requires it. • Complete the "Interlocal Participation Agreement form ". On page 7 of the agreement an authorized city official (city manager, mayor, purchasing agent, etc.) needs to sign the agreement. The coordinator of the agreement would be the contact person with the co -op. The coordinator does not need to be the authorized city official. • Fax the completed form to 703 - 519 -6497. 5.) Your entity will be setup in the system and the coordinator will be contacted to create I.D.'s for staff. 6.) Contact Public Restroom Company directly for the BuyBoard catalog and price list. • A 5% discount is given by purchasing off the BuyBoard that is not included in the price list. • Shipping is not included in the pricing, so please refer to Public Restroom Company for a final price. 7.) Lastly, send your purchase order directly to Public Restroom Company and fax a copy to the BuyBoard at 800 - 211 -5454. Our superior materials of construction allow for a longer design life, thus reducing vandalism and maintenance. 2587 Business Parkway j Minden, NV 89423 1 www.PublicRestroomCompany.com 1 pc 888 - 888 -2o6o I f. 888 - 888 -1448 9S 0TR rsrpaa>H COMPA14Y &IddBlg BClllf fti—iU GU." 2W? HUSWE55 PARKWAY MINDEN NEVADA 89423 P: W&WI.M RM4.81W1448 ARnSNMPRES W. EH11 MUf'A .T. RENf f[IRREFR£SRIFAiF'Nl. rmmL AAW MA WmAfi pRC�R'4! FG(OAN PROJECT REF #: 9744 - 10/21/2015 -0 FOR 10/21/2015 T.4. WM1LF. SPLIT FACE STONE WAINSCOT T.a. Buln� r. W, - raa ` SPLIT FACE STONE WAINSCOT ELEVATION 1 j - - - -/ SCALE:3/16 " =1' V' �2 ELEVATION 2 :6r], O PROJECT REF #: 9744 - 1012112015 -0 15- B": (ROOF:OVERALL) tp- '14' -V (BUILDING OVERAII_lj spy. I I I I I 1 I I I I I I I I I KAMM MIA FLOOR PLAN ;CAr1,E y1 =1'0" - PUBLIC RESTROOM Bulldln Better Places TO GO.°1 A i SOILDING TYPE: RESTROOM BUILDING REVISION# _ REVISION DATE: SHEET# .7.� PROJECT: SERENITY PARK CITY OF LAKE ELSINORE, CA OJECT#: 744 UTILITY I ORAWN BY: FOR CkASE I 01, - ELEC. ] - PANEL tL�J I i o I 1 14 N 1 MEWS = - WOMEN'S I 15.2" (SLAB OVERALL) y KAMM MIA FLOOR PLAN ;CAr1,E y1 =1'0" - PUBLIC RESTROOM Bulldln Better Places TO GO.°1 A cOPYROHt "" PUBLIC RESTROOM COMPANY iHlS PATE AL S THE EXCLUS VE Res ROOM RE COMPANY RANO HALL BE DISCLOSED TO usso O1scLOSEO ra OTHERS EXCEPT AS PPERLM15SION OFF PPUUBLEIC ESTPOOM COMPaY SOILDING TYPE: RESTROOM BUILDING REVISION# _ REVISION DATE: SHEET# PROJECT: SERENITY PARK CITY OF LAKE ELSINORE, CA OJECT#: 744 T rjERSCOMPANY o ORAWN BY: FOR