HomeMy WebLinkAboutAgenda Report - November 16, 2022 C-0514 CITY OF
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CALIFORNIA
AGENDA ITEM C
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Ratifying City Manager's Approval to Purchase Toro Workman
Utility Vehicle with Spray Rig Attachment from Turf Star, Inc., Los Angeles, CA
($69,179.91)
MEETING DATE: November 16, 2022
PREPARED BY: Parks, Recreation & Cultural Services Director
RECOMMENDED ACTION: Adopt resolution ratifying City Manager's approval to purchase Toro Workman
Utility Vehicle with spray rig attachment from Turf Star, Inc., Los Angeles, CA using
OMNIA Partners CMAS contract #2017025, in the amount of $69,179.91.
BACKGROUND INFORMATION: When the 2022/2023 budget was approved in June 2022, Parks, Recreation and
Cultural Services received funds for vehicle replacement. The Parks, Recreation
& Cultural Services Director, along with Park staff, decided which vehicle to
purchase utilizing the vehicle replacement dollars.
Park staff generated purchase order #2230043 for the purchase of one Toro Workman Utility Vehicle with spray rig
attachment in August 2022. Upon review, it was determined that the item needed to go to Council for approval. In an effort
to be responsible with the approved budget, and in an attempt to not lose the pricing or availability of the item, Park staff
requested to move forward with the purchase and have it ratified at a later date if the purchase was approved. City Manager
Schwabauer approved Park staff to move forward with the purchase of the Toro Workman Utility Vehicle so pricing and
availability could be secured.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Vehicle Replacement Fund $69,179.91 (64799100.77040 - Expense)
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Ch istina Jaromay
Pa ks, Recreation aQI Cultural Services Director
CJ:tI
cc: City Attorney
APPROVED: -' -
Stephen Schwabauer, City Manager
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Vendor
Turf Star Inc
PO Box 748728
LOS ANGELES, CA 90074-8728
City of Lodi, California
Materials Purchase Order
Fiscal Year 2023
Purchase Order #
Ship To
Parks Division
City of Lodi
111 N. Stockton St
Lodi, CA 95240
Contact
Purchase Order
Page: 1 of 1
2230040
800-585-8001 1230042
DATE ORDERED VENDOR NUMBER DATE REQUIRED FREIGHT METHOD DEPARTMENT/LOCATION
08/16/2022 90536 FOB - City of Lodi Dock PRCS - Parks
•
Workman utility vehicle with sprayer attachment
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading
FINAL PRICING NOT TO EXCEED $69,700 (PRE-TAX).
DESCRIPTIONITEM # QTY UOMEXTENDED PRICE
1 Toro Workman utility vehicle with 200 gallon bed mounted spray tank 1.0 EACH $63,907.54 $63,907.54
Sales Tax: $5272.37
GL Account: 64799100 - 77040 $69,179.91
By
Parks, R c & Cultural
Not Valid without Terms & Conditions attached. File Copy
Total Ext. Price
$63,907.54
Total Sales Tax
$5,272.37
Total Freight
$0.00
Total Discount
$0.00
Total Credit
. .... .
$0.00
.. . .
TERMS AND CONDITIONS
1. ACCEPTANCE AND AMENDMENTS: Seller (the supplier whose name appears on the face of this order) agrees that this order of the City of Lodi (hereinafter referred to as "City") becomes a
contract, subject to the terms and conditions set forth below and on the face hereof, when acknowledgment has been signed and returned by Seller (if requested), or upon commencement of performance
by Seller. Seller's different or additional terms and conditions are hereby objected to, and no additional or different terms and conditions of Seller, or agreement or understanding to modify contract shall be
binding upon the City unless specifically agreed to in writing and signed by City's authorized representative(s). No other action by City shall constitute acceptance of Seller's different or additional terms
and conditions.
2. COMPLIANCE WITH LAWS: In the performance of work required under this order, Seller agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and shall
hold City harmless from liability resulting from failure of such compliance.
3. FAIR LABOR STANDARDS ACT: Seller certifies that all supplies, materials or equipment provided under this order will be produced in compliance with all applicable requirements of Section 6, 7,
and 12 of the Fair Labor Standards Act, as amended, and all regulations and orders issued by the U. S. Department of Labor under said Act.
4. INDEMNIFICATION/HOLD HARMLESS: Seller further agrees to indemnify and hold harmless City from any and all losses, liabilities, damages, claims, demands, suits, actions, proceedings,
subrogations and expenses, including court costs and reasonable attorneys' fees, relating in any way to completion of this order, or the goods manufactured and delivered thereunder, except for goods
manufactured entirely to City's specifications, and except for actions by City over which Seller has no control, which are claimed or made by any person, firm, or corporation, including employees, workers,
servants or agents of Seller and Seller's subcontractors arising from any cause or for any reason whatsoever. Seller further agrees, upon receipt of notification, to promptly assume full responsibility for the
defense of any and all such suits, actions, or proceedings which may be brought against Seller or against City.
5. PATENT INDEMNITY: Seller shall hold City, its officers, agents and employees, harmless from liability of any nature or kind, including costs, expenses and attorneys' fees, for infringement or use of
any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance provided or used in connection with performance under this order. Supplier may, at
City's discretion, be required to furnish a bond or other indemnification to City against claims or liability for patent infringement.
6. DELIVERY: Time shall be of the essence on this order, and if delivery of supplies, materials or goods is not made in the quantities and at the time(s) specified in the quotation or bid, City reserves the
right without liability, and in addition to its other rights and remedies, to take either or both of the following actions:
(a) Direct expedited routings of goods ordered (the difference in cost between the expedited routing and the order routing costs shall be bome by the Seller);
(b) Terminate the order by notice, effective when received by the Seller, as to ordered goods not yet shipped, and to purchase substitute goods elsewhere and collect from Seller the
difference in costs between the substitute goods and goods ordered under the contract.
Neither City nor Seller shall be liable for excess costs of deliveries or defaults due to causes beyond its control and without its fault or negligence, provided, however, that when Seller has reason to believe
that deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay will be given immediately to City. If Seller's delay or default is caused by a delay or default of a
subcontractor, such delay or default shall be excusable only if it arose out of causes beyond the control of both Seller and subcontractor and without the fault or negligence of either of them and the goods
to be furnished was not obtainable from other sources in sufficient time to permit Seller to meet the required delivery or performance schedule. City reserves the right to refuse or reject all shipments over
and above the quantity or quantities stated in the contract.
7. CHANGE ORDERS: City reserves the right at any time to make written changes within the general scope of the contract in any one or more of the following: (a) Specifications, drawings, and data
incorporated in the contract where the items to be furnished are to be specially manufactured for City; (b) Methods of shipment or packing; (c) Time of delivery; (d) Place of delivery; (e) Method of delivery;
(f) Quantities.
If any such changes cause an increase or decrease in the cost of or in the time required for the performance of the contract, an equitable adjustment shall be made in the contract price, or delivery
schedule, or both. Any claim by Seller for adjustment in this cause must be approved by City's authorized representative(s) in writing before Seller proceeds with such change. Price increases shall not be
binding upon City unless evidenced by a change order, amendment, or revision signed by City's authorized representative(s).
8. CANCELLATION: For Seller's failure to comply with any material terms or conditions hereof, or for failure to perform on all or any part of the undelivered portion of the order or contract, City may
cancel the order, in whole or in part, without further liability to the City. Such cancellation, however, shall be without prejudice to claims of either party arising prior to cancellation and without prejudice to
any claim City may have against Seller for breach inducing cancellation. Failure of City to insist on strict performance or observance by Seller of the order, these conditions or City's rights in any one or
more instances shall not constitute a waiver by City of such performance, conditions or rights either then or in the future. Either party may cancel the order without further cost or liability to the other party in
the event that any proceedings are instituted by or against the other party in bankruptcy or insolvency under any provision of the Bankruptcy Code, as amended, or in the event of any assignment for the
benefit of creditors.
9. REMEDIES: Remedies of the parties of the contract include, but are not limited to, the following:
(a) If City cancels the contract in whole or in part as provided in Section 7, above, City may procure goods similar to those canceled, by such means and under such terms as City
deems necessary and appropriate, and Seller shall be liable to City for any excess costs for such similar goods. Seller shall further be responsible for continued performance of
any portion of the order not canceled according to the provisions of the contract;
(b) The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law, including consequential
damages;
(c) The failure of City to insist upon strict performance of any of the terms of the contract, or to exercise any rights thereunder shall not be construed as a waiver of City's rights;
(d) Seller may be excused from performance under the contract provided that Seller notifies City within five (5) days of discovery of any of the following events:
1.) Acts of God, acts of public enemy, acts of civil authority with lawful jurisdiction over Seller, acts of war, fire, flood, unusually severe weather, earthquake, epidemic,
quarantine restrictions, freight embargoes, or acts of City;
2.) Seller's failure to perform is caused by default of a supplier or subcontractor and if such default arises out of causes beyond the control of both the Seller and the
supplier or subcontractor and without the fault or negligence of either party;
3.) Seller has made a good -faith effort to obtain supplies or services from other sources in such time to meet City's required delivery schedules, if such events named
above cause supplier default.
10. NOTICE OF LABOR DISPUTES: Whenever an actual or potential labor dispute delays or threatens to delay the timely performance of the order, Seller shall immediately notify City in writing of all
relevant information with respect to such dispute.
11. ADDITIONAL CHARGES: No charges for packing, handling, drayage, or special shipping containers or protective materials will be allowed or paid by City unless specified on the face of the purchase
order, or specifically listed as an additional and separate charge on Seller's bid. Seller shall be liable for damage to goods caused by improper packing, boxing, or crating.
12. SHIPMENT/RISK OF LOSS: Unless otherwise stated on the face of this purchase order, all goods shall be shipped F.O.B. destination, and Seller shall bear all risk of loss or damage of goods covered
by the order, except loss or damage occasioned by negligence of City, until final acceptance by City at delivery destination specified on the face of the order. City reserves the right to reject C.O.D. or
collect shipments.
13. TITLE: Title to all goods purchased hereon shall pass directly from Seller to City at the F.O.B. point specified in this bid and on the face of the order, subject to the right of City to reject goods upon
inspection.
14. INSPECTION/ACCEPTANCE: Payment for any goods purchased under the contract shall not constitute acceptance thereof. All goods purchased thereunder are subject to inspection at City's
discretion, either before or after acceptance, at City's option. City reserves the right to reject and refuse acceptance of goods which is not in conformance with City's specifications, instructions, and
drawings, and in conformance with Seller's warranties (express or implied). Goods not accepted will be returned to Seller for full credit or replacement at City's option and at Seller's risk and expense,
including demurrage and/or transportation both ways. City shall not be liable for failure to accept any part of the goods ordered, if such failure is the result of any cause beyond the control of the City.
Without limitation, among such causes are fires, floods, acts of God, strikes, casualties, delays in transportation, or partial or total closure of City's facilities. Acceptance of all or any part of the goods shall
not be deemed to be a waiver of City's right either to cancel or to return all or any portion of the order because of Seller's failure to conform to the contract, or by reason of defects or other breach of
warranty or to make any claim for damages caused by improper boxing, crating, packing or shipping. Such rights shall be in addition to any other remedies provided by law.
15. LIENS, CLAIMS, AND ENCUMBRANCES: Seller warrants and represents that all goods delivered under this order will be free and clear of all liens, claims, and encumbrances of any kind.
16. PAYMENT/DISCOUNT: Payment shall be made, upon submission of acceptable invoice(s), for goods delivered and accepted as specified herein and on the order. Drafts or statements will not be
honored. It is the City's intent to pay all invoices within 30 days following receipt of invoice or date of delivery and acceptance, whichever is later. If invoice amount is in variance with contract amount,
payment will be made within thirty days of resolution of variance and receipt of corrected invoice, if applicable.
17. RETURNS: All goods purchased under this order are subject to City's inspection and approval as specified in Paragraph 14, above. Goods rejected by City for cause shall be held for pickup,
returned, or stored at Seller's sole expense. Where return is necessary due to Sellers error, City reserves the right to assess handling charges equal to Seller's standard restocking fee, as a percentage of
the value of the returned goods. Any costs incurred by City shall be promptly reimbursed to City by Seller.
18. WARRANTIES: Seller hereby warrants with respect to goods furnished under this order that: (1) Seller has good title to the goods, (2) the goods conforms to City's specifications, instructions, and/or
drawings, (3) the goods is fit for the purpose for which it is purchased, (4) the goods is merchantable, (5) the goods has no latent defect, and (6) the goods has been manufactured in a good workmanlike
manner using the highest quality material in conformity with the best standard manufacturing practices. This warranty shall survive any inspection, acceptance or return of any such goods and shall apply
to City and its customers.
19. DISPUTES/GOVERNING LAW: In any suit or action brought to enforce any term, condition, or covenant herein, or to recover damages arising from any breach of the contract, the losing party shall
pay to the prevailing party reasonable attorneys' fees and all other costs and expenses which may be incurred by the prevailing party in any such suit or action and in any reviews thereof and appeals
therefrom. The laws of the State of California shall govern any order made pursuant to this bid and subsequent award, and the venue of any actions, disputes, or claims brought thereunder shall be laid in
or transferred to the County of San Joaquin in the State of California.
CITY OF
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CALIFORNIA
MEMORANDUM
Christina Jaromay, Director
To: Finance
Subject: PO #2230043 - Toro Workman utility vehicle with spray rig
Date: August 22, 2022
Parks, Recreation and Cultural
Services
230 W. Elm Street
Lodi, CA 95240
(209) 333-6742
Fax (209) 333-0162
Lodi gov
Park staff generated PO #2230043 for the purchase of one Toro Workman utility vehicle with spray
rig. This purchase will be made through Turf Star, using Omnia Partners CMAS contract #2017025.
Upon review, it was determined that this item needs to go to Council for approval. In an effort to be
responsible with our approved budget, and in an attempt to not lose the pricing or availability of this
item, we are requesting to move forward with the purchase. We will ratify this purchase at a future
Council meeting if the request is approved.
CkVw'14rNn45
Christina Jaromay
5tevr '.c quer (Aug 23, 2022 12:26 PDT)
Steve Schwabauer
RESOLUTION NO. 2022-271
A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE
CITY MANAGER'S APPROVAL TO PURCHASE TORO WORKMAN UTILITY
VEHICLE WITH SPRAY RIG ATTACHMENT FROM TURF STAR, INC.,
OF LOS ANGELES
WHEREAS, Parks, Recreation and Cultural Services received vehicle replacement funds
in the 2022/2023 budget; and
WHEREAS, Park staff purchased one Toro Workman Utility Vehicle with spray rig
attachment from Turf Star, Inc., with vehicle replacement funds; and
WHEREAS, Park staff obtained approval from the City Manager to purchase this vehicle
prior to going to City Council to ensure pricing and availability of the vehicle.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify the
City Manager's approval to purchase a Toro Workman Utility Vehicle with spray rig attachment
from Turf Star, Inc., Los Angeles, California, in the amount of $69,179.91; and
BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above -referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
Dated: November 16, 2022
I hereby certify that Resolution No. 2022-271 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held November 16, 2022, by the following vote:
AYES. COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-271