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HomeMy WebLinkAboutAgenda Report - November 16, 1994 (53)M CIN OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Participation in San Joaquin County Purchasing Agreement for Office Systems Furniture MEETING DATE: November 16, 1994 PREPARED BY: Finance Director RECOMMENDED ACTION: That the City Council adopt the attached resolution authorizing the City to purchase office systems fur- niture under an agreement between the County of San Joaquin and Haworth, Inc., of Holland, Michigan. BACKGROUND INFORMATION: On April 20, 1994, the City Council approved the standardization of office systems furniture manu- factured by Haworth, Inc. and Herman Miller, Inc., for installation in offices in the Civic Center. In August, 1992, the County of San Joaquin signed an agreement with Haworth, Inc. to purchase office systems furniture at prices up to 69% off list. The agreement (which expires on June 30, 1995) allows for the terms of the agree- ment to be extended to other governmental agencies within San Joaquin County. Separately, the California Statewide Community Development Authority offers substantial discounts on Haworth furniture, particulary chairs, but their discounts on office systems furniture (65% off list) are not as attractive as those offered under the San Joaquin County agreement (69% off list). Therefore, participation in the San Joaquin County agreement for purchase of office systems furniture (except chairs) for the Civic Center would yield an additional savings of over $17,000 compared to purchase under the Califor- nia Statewide Community DeveTo—p—me—nFTuthority agreement. FUNDING: None required for participation. exon ynn, FiAa7nZe Director Prepared by Joel Harris, Purchasing Officer PO I APPROVED: �- �. THOMAS A. PETt=RSON %j CHy Manager recycled recycled pap CC•1 lv .. ,IIT" '' H P9=16 1= AGREE.�IOC is entered into this /o;.ZX day of / r . betoreett COUNTY OF SAN JOAQUIN (hereinafter rdbrr d to as Buyer), sndMASV O • INC.. 0wreluaftw referred to as Seller). Putsuant m the tants and condltions sex fotth hereunder. this Agreement shat! be trade available to Buyer within San Joaquin County. LISCMAT—M17111 =Z -5117t a. Tena of this Agmement west comma= the 1st day of July 1992. and expire on the 30th day of Ione 1995. Further to the above. this Agreement may be terminated by either patty upon 60 days written notice to the other parry. Teams and conditions of this Agreement will apply to all orders in house prior to the exfecdve data of teemina kuL b. The tants of this Agree== embody the entire Agreement of the patties and shad govern ail sales between Buyer and Settles during the teas of the Agri and shat! talcs precedence over the terms and conditions of any other Agreement between, Hoyer and Sedltr including, but Clot: bunted to Bayer's Purchase Order. No waiver by either party of any provision in this Agreemem will be construed as a waiver of its right to insist upon compliance therewith in the lbmra. Ibis Agra( neat may not be modified unless muataily agreed upon in writing between Buyer and Seiler. c. Seller agrees to extend the terms of this Purchase Ap"memt to other polidcai subdivision, munic:iptdidee and tax supported agarics within do Coetttty of Sera Joaquin. Such partidpaing govaameattai bodies shall malts payment directly to Seiler, be liable to Seiler, holdlag the County of San Joaquin harmless. a. During the term of ibis Agreement. Buyer may place purchase orders for the items described in Attachment A. b. ?be price of any product sold to Buyer by Sailer will be: based upon the price for the produces speseifieti in the Seller's current: United States applicable. nationally published product catalogs in effect at the time of Seller's receipt of purchase order for the product_ Unless otherwise agreed to by Sailer, shipment must occur within 120 days of purchase order acceptance. Orders requesting more than 120 days lead time will be priced in accordance with Seller's current published list prices effective at the time of order shipment. c. Seiler guarantees sixty-day advance notice to Buyer prior to effectivity of any subsequent price incresses to nationally published product catalogs. d. Prices for products on a single purchase order will be determined by applying the discounts specified in Attachment A to Seller's nationally published product catalogs. e. If a single purchase order provides far shipments to more than one location or more than, one ship due. each shipment location at ship date will be considered a separate purchase order for purposes of determining the discount. ama$7 ri (Rev M VaW p2e Two i L The small order surcharge exlaal-to five percent -of list price typically assessed on orders under $4.000 list. will be waived on purchases wade --ad a the terms of this A'tneatt. a. All purchase orders submitted to Seller must reference the Agreement number as indicated On m oma - b. All purchase orders issued under this A must be issued from 13"w to one of the Mowing: 1) Saler. 2) Seller in cava of autthoriaed Haworth dealer. c. All orders will be 2ckwwiedged within twenty (M days of receipt of a valid punsd wa older; with the oweption of orders placed through the Quids -Ship Programs. Quicb4hip otdas will be vabally coanrmed within 43 hoeas of order places a. Payment tun s are net thirty-five (33) days from invoice data for all product shipped. Any potation of the invoice value not paid within 35 days of invoice dare will accrue a finance dh= go of I'A percent per month. b. If an invoice is disputed fbr product or price problems due to Haworth attar, 390110 payment: term would be applicable. The customer would be required to pay ninety percent (90%) within tenats of original invoiceiship date and wiftd1d a tea percent (10%) retainage until the product and/or price dispute is re solvad. On minor disputes which are vatted less tban ten percent (109) of the tont invoicrr, the customer would be expected to pay the full amount of. the correct portion of the invoice; deducting only the portion relating to that minor dispute umd it is resolved. e. Buyer will pay, or reimburse Seller for. aU privilege. occupadon. persond property, value-added. sales, excise, use and other taxes applicable to the sale or purchase of product or to Buyer's storage, nese or ownership thereof, whether or not invoiced by Seller. `It Irllla711 � s ti� a. All deliveries will be F.O.B. Destination. Seller will have the right to determine this method. of shipment and routing of product. Any additional expense resulting from Buyer's request for special packaging, handling. routing, and/or shipping method will be billed to Buyer. b. Freight charges will be prepaid by Seller on v11 orders to locations within the continental United States. aond7sts (acv 2) ' i'.� .•/fid ?����x„ �v]' � �. pate nt" 6. Gmmned L=d MM Seller smmm of ttw "Waintr ists fimn'taccipto(va" purchase order and based on the list dollar wwtimum listed below., Pmdv= Weam uwti= I M Lin —DwIan UniCrroap (Mmwood) PLACES (nommod) Tabin (ponwood) 7-9 SI.500,000.00 RACE Systems T-9 S 250.000.00 UcdG=p (woWhv=&tdm)- PLACES (woodImA trim) M6105 (wxWuWOOd aim) 9-10 S 250J000.00 Catalyst Satin= 7-9 3 250.000.00 comfixto Seating (1011 III3n6I1812ltIftW) 9-10 3 250.000.00 Cam Sem 9-10 S 50.000.00 Lnew Plus storage system 7-9 $ 1001000.00 UniCr 'Fvmmding Sunp Files 7-9 S 2501000.00 PLACES Frc=anding Steel Furniturw 7-9 S 250.000.00 PLACES Wood C4segoodx. & Freestanding Units, 9-40 S 100.000.00 The guarAmccd lead duser =dudes Portiblio products.. specials, new pro&= introductions andfor acquisitions. andam coutingewuportfabeic sel Man&availability. 7. Order Chart Maacellations, Rcpzm for order changes or canceil-nous must be submittal in writing to Seller- All requests are subject to approval by Seller. if changes =&Or cancciLations am approved. Seiler will maker cbmIM& =cordint ay Attachasenr B. congm/4 (Raw z M page Fant e+,, �. �}� �• ire• •ir.e� i RUSH S and. Pomblio Five ace quick ship pr'o8: dedgmd to quickly respond 0 ofliaa farniazre regaitsments. Products included in theses programs are shipped within five workizig days from the date the order is accept & b. Prodtatet avariabWq and order wcapmm tams are spedfied is es& guick'dup price IhL Sellet reserves the right to accept otdets based upon ordee size sad iavenmy scams. Orders that cannot be placed through the RUSH S or Portfolio Five programa are available at standard lead times. 9,. Patent Lredeemnity, Seiler agrees to indemnify Buyer for any and all damages that may be awarded agaim gt yes in nay Seal judgment based upon a claim that any product or tt2a use thereof I - 0 h g the parrot sights of any third party, provided, that Bayer will have ;louts Seller pt otr pt nodes of. and the oppoemniry to de fund arsines. nuc b tarot. at Seller's etxp mzm a. This warranty applies to products bagging with Novel 1940 shipments. Ibis warranty is given W the initial purdtaser and covers detects in materials, lad whip found during normal usage during the Warranty Period. If a product is defective. and if written notice of the defect is given to Seiler within the Applicable Warranty Period, Seiler at its option will either rtpair or replace product. The Warranty Periods run h+om the date of delivery. 'rhe Appllcsble Warranty Periods and products atm TEN YEARS: All Haworth. Mueller, Lumstead, Kinetics and Myrtle produces, and Comform products made or assembled in North America, wtcept as noted Mow FIVE YEARS: All operational elemnaa and compone;zsa, pneuunatie eyliaders and electrical products. THREE YEARS: All wood veneers, textiles, covering materials. and finishes, wood fraaned seating products, and stacking chairs and dollies. ONE YEAR: Customs made products not described in Seller's catalogs. and products sold for use in Interna food markets (International warrandes may differ). b. This w aTaury does not apply to damage caused by a carrier. alterations of the product not expressly authorized by Seller. nor to products considered to be of a consumable nature such as surge suppression products. it also does not apply to 'Customer's Own Material' (La., material specified by the customer that is not a standard product offering of the Sager) used in the manufacture: of Seiler's products. Seiler does not warrant: the matching of color, grain. or texture except to within commercially accgmble Standards. A product will not be considered to be defective, and Seller will nor be obligated to repair or replace it. if the product was toot. installed and used as recommended in Seller's written planning, installation, and user guides. "amus (Ren Z) Page Five c. EYCEPT AS STATED ABOVE. SELI.m MAKES No EXPRESS OR IMPum W AS TO ANY MODUCT AND, IN PARTICULAR, AAKFS. NO WARRANTY OF U ERCHANTABUIrY OR OF FITNESS FOR ANY PA977CUX A SL PURIV= Scikr slhall not be t1abla for consequaWal or incidental, danssgm adsiag frees nus► product defect. Repair or replacen= under ibis warranty is Buyer's miusive remedy for a product def = 11. Design_ installation and Comeiianca,Uniess otherwise aWnsly agreed in wr>tbw,. Sellae will have no respo 'biIity or obiiptioa foae installation or furtaiaere layout desin. gSeller will provide this servim through as authorized dealer. on a steely s eoutrm basis. 1Z. Sellee off= an, Iaoermaritat Program which t cillo s ordering in one madcapIace for shipment to ancobw High quality service is provided thctangb a focal Authorized RAWORIN Denier. Authorized deniers participating in the %tinct Pmgrim are capable of pmideng Buyer wide services iAdudlez but not limited to lice following: l +e layone design, CAD, project nmvinga +nt noel vAny umseine. Swvicees will be provided at Buyeez nslue t on a squezzly negotiated basia- i If Buyer will FA or reftme to accept delivery of any product. Seller may storm the product with a card or other thiol party. and Buyer will comb=* Seller for all storage charges. b. Seller mains a security hu mmu in all poodua to secure the purchase pricerof 91 product frotrr Buyer_ 14. All notices or other communications required or permitted under this Agreement will be in writing and will be given by first ciass, prepaid mail, addressed: a_ if to Seiler: HAWORTH, INC. one Haworth Center Holland Michigan 49423 Attention: Manager. Regional Contract Development b. If to Buyer COUMY OF SAN JOAQUIN Gita/ Projects Division = Fall Weber Avenum Room 678 Stockton C difbmia 95202 Attention: Mr. Jeff Sanders, Deputy Purchasing Agent "NM316• (Rev 2) page Six WW 4w 15. $hyyr La ac m. Buywavmtoptovwoscikrwithalhrofloc=imditmotopudc4mixthb AVgo=r. This ilulag wtal be nac d by SeUer w verify the engibaity of low mbniW ptsr — atcdom Seller calm :tier rigbt to use this int fw 9 11 P I of lodinidui locadooL IN WIINF.SS 1VHE.RWV, Srllc& and Buyer have =c=tcd chin Salm Agremnent as of dw day wW year litstabamw[itom COXWM OF SAN JOAQUIN HAWOM= u4c Irorea G. Sbottr 1• Y� S�It•^1111 fZ tel. t Gowsw (MM z 'Aga 13MIN03 7S9i q6E 91= - ZS:0I ZSi6Ii80 ?.•''•'7Rey;y.---::`,'"-�x:.:iae'i:ks;a;,.:tJ!e�w�"1S�"_Y ':•±,aa r�+A+'b1;.: �k;',F `+Fx,,'�^^- ;,w.k�rt . ,.+3'.. :,y. }' �' �; ,, ` R k ,yam �, 1. The following charges will be calculated against the sec value of items eI , gad/=mas wL TIMING OF CHANG&CANCELLATION MODUC'tLSI IN RF-LAT112N TO SHIP DATE An (with the 1} Five or more weeks prior to C=pdon of 2) Las than five btu more than three weeks those ILstad 3) Lasa than three weeks from below) Wood Products 1) Eight or more weeks prior to 2) Less abets w0t but more than six weeks 3) Las than six weeks from RUSH S and 1) Within 24 ham of ottler coaftndon Portfolio s 2) 1 than 24 hours atter cenflrnmriae PcrtSolio Co. 1) Six or, Wore weeks prior to Preducm 2) Less tion six but more than three weeelm 3) Lass than diene weeks from Specials/ 1) Within five days of order receipt Textural 2) Mora than five days Mem nts" now IO% min 20% mia now 20% min UP to licit net price notes 20% nein none - 10% min' 20% nein• ,tone Wa 'Charges on Cutlets produce changed/cancelled. may be the actual at xn= of costs Incurred. "there is a 20 percent minimum charge (up m fell net price:) on Specials 4r Textural Mements items which are chan-Wcsncelled more than five days after order re ctipt. 2` the following applies to all products, programs, and policies: a) Them is a $50 minirmtm charge for changes/cancellations. b) Requests for order chaage+sJcancdlations must be submitted in writing, except Quick Ship orders.'whic may be made verbally. c) CbaugesJancellations may cause the applicable order to be rescheduled at standard lead tines_ d) Return authorization requests must be directed to your respective Customer Service Coordinarar. approved. a minimum ZS parent of the seeing price: will be Charged. e) Changes in ship -co -addresses must be trade a minimum of two weeks is advance of cite ship date. =wd75ii0 (Rev _) 0 Haworth. Inc. 0 National Sales Agreement Summary Sheet Contract Name: County of San Joaquin PA/Contract number. P922016 Contract Duration: 7/1/92 - 6/30/95 Product Tftd=b Grow Included I lead Time list MBB Value Ctatomer Olscotmt 1 Systems Regular $I -$I 699E Ur>OOW (non - wood) $1,000.01 or More negotiable Places (non -wood) Tc b )s (non - Regular $1- $250.000 55% 2 - 22g!Lng System Sea". Cato" Seating $250,001 - $500.0 59% $500011 or more tbbie 3 Suing Regular $1 - $250,000 55% Comforto Seating (10/11/15/16/18/23/ $250,001 - $500,00 59% 27/26 -all) $500.001 or more ne otiable 4 keestarrdina - Regular S) - $500,000 55% Urggroup freestanding, $500.001- 56% storage fles. lateral $1=000 files and storage systems. Places S 1.00.001 or more negotiable freestanding steel furniture 5 systems Regular $1 - $150,000 52% Unlgroup wood trim. Places wood S 150,001 - S300,00 55% trim. Wigroup full wood,Places full $300,001 or more wood, FtA Wood 59% Tables, Wood tdm tables, Race Comforto Seating (12) Freestanding Places Wood Casegoods and Freestanding Units, Cameron Pottfb Know Products Regular $1 or more 4211 Products J LLrdead Products **fits Products RESOLUTION NO. 94-133 ::::::..::.::..s::::: RESOLUTION OF THE LODI CITY COUNC' AUTHORIZING PARTICIPATION IN THE SAN JOAQc:N COUNTY PURCHASING AGREEMENT FOR OFFICE SYSTEMS FURNITURE WHEREAS, on April 20, 1994 the City Council approved the standardization of office systems furniture manufactured by Haworth, Inc. and Herman Miller, Inc.; and WHEREAS, in August 1992, the County of San Joaquin executed an agreement with Haworth, Inc. to purchase office systems furniture at prices up to 69t off list; and WHEREAS, the agreement allows for the terms of the agreement to be extended to other governmental agencies within San Joaquin County. WHEREAS, the City proposes to participate in the San Joaquin County Agreement to generate savings on the goods and services offered under the program; and WHEREAS, Government Code Section 6502 authorizes the City to participate jointly with other public agencies in such a program; NOW, THEREFORE, it is hereby RESOLVED, ORDERED and DETERMINED as follows: SECTION 1. The City's participation in the San Joaquin County Agreement with Haworth, Inc., is hereby approved and participation is hereby authorized pursuant to the provisions of Government Code Section 6502. SECTION 2. The Mayor, City Manager, the City Clerk and other designated officials of the City and all other proper officers and officials of the City, are hereby authorized and directed to execute purchase orders and documents and to perform such other acts and deeds as may be necessary or convenient to effect the purposes of this resolution and the City's participation in the San Joaquin County Agreement. SECTION 3. This resolution shall take effect from and after its date of adoption. L.'�7��'- ` {wi ' r'.g'i-1-.Mr'1iN° 'rS�if�3`•. '.Y^f°�':R!r7T..'4C`• ` 'i, T':h h )'. M. .2 �:'+`4. r, . - .� . (ri+f 7�L •M W 'Y '1.44. Vim. Nil The following resolution was duly passed by the City Council of the City of Lodi at a regular meeting held November 16, 1994 by the following vote: Ayes: Council Members - Davenport, Mann, Pennino, Snider and Sieglock (Mayor) Noes: Council Members - None Absent: Council Members - None Signed and approved by me after its passage.. n BY J A. SIEGLOCK Attest: $Y , FER M PERRIN City Clerk 94-133 ., �,'f.,'��;°.v+.�-raw;v 't».RC•?^ol,�}r�i:f.?,'d;��'� :a+'i�Api�;:w'�,�Y/.,�:��-11�,�s1 �ii:��'. .,� c',r.',°i.