HomeMy WebLinkAboutAgenda Report - October 6, 1993 (89)CITY OF LODI
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COUNCIL COMMUNICATION
AGENDA TITLE: Participation in San Joaquin County Contract for
Purchase of Office Supplies
MEETING DATE: October 6, 1993
PREPARED BY: Finance Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution
authorizing the City of Lodi to purchase office sup-
plies under the terms of the contract between San
Joaquin County and Eastman, Inc.
BACKGROUND INFORMATION: In April, 1993, the San Joaquin County Department of
General Services, Purchasing Division, solicited
bids to furnish and deliver office supplies to seven
public agencies in the San Joaquin/Stanislaus County
region. Bids were opened on April 21, 1993, with the following results:
Eastman, Inc., Stockton E 876,755.76
Boise Cascade, Sacramento $ 999,932.05
Lindsay's Business Systems, Newcastle $1,108,691.46
Mitchell Snow, Inc., San Mateo $1,119,231.80
Schwabacher Frey, Sacramento $1,147,236.13
Due to the volume generated by the combined requirements of the seven agen-
cies, the contract pricing provides substantial savings compared to
prices obtained through individual -jency bids.
Moreover, Eastman provides electron4c data interchange capability through a
computer -dialed 800 number: orders ...iced via computer by 5:00 are delivered
next day, and product price and availability can be checked electronically,
all of which provides significant time savings for staff.
The annual savings for the City under this buying agreement is estimated to
be approximately $5,000.
FUNDING: None required to participate in the contract.
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Prepared by Joel Harris, Purchasing Officer
APPROVE : ! too
THOMAS A. PETERSON
recycled Doper
City Manager
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SAN JOAQUIN COUNTY
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CONTRACT #: TA4-0620031
COMMODITY: Office Supply
CONTRACTOR: Eastman Inc.
EFFECTIVE DATE: 7-1-93 to 6-30-94
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BID #. 5040
PREVIOUS
CONTRACT #: TA3-067005R
DEPARTMENT: Various
SALES/USE TAX: Plus
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TERMS: Net 30 Days
DELIVERY: As Required (delivered 2 days ARO)
FOB POINT: Destination/Full Freight Allowed
MIN. ORDER: None
PRICING: Firm through 6-30-94
VENUM: EA1690490
COMMOD. CODE: 61500
CONTACT PERSON: Bill Molen Sales Representative
PHONE NUMBER: 209-473-4281
FAX NUMBER: 209-473-8931
ADDRESS: 7711 Murray, Stockton, California 95211
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AGREEMENT FOR SERVICE
Office Supplies
MIS AGREEMENT is made and entered into on this 1st day of July , 1993, by
and between the COUNTY OF SAN JOAQUIN, a political subdivision of the State of
California, hereinafter referred to as "COUNTY" and EASTMAN, INC., a Corporation doing
business hi California, hereinafter referred to as "CONTRACTOR".
WITNESSETI I:
WHEREAS, COUNTY has need for office supplies; and
WHEREAS, the CONTRACTOR is able to supply such products;
NOW TIiEREFORE, the parties mutually agree as follows:
1. SCOPE OF SERVICE: INCLUSION OF OTHER PUBLIC; AGLNCIFS AND
ENTITIES: The CONTRACTOR shall provide the COUNTY with COUNTY's office supply
requirements on an "as needed" basis, in accordance with the Request for Bid NO. 5040, and
CONTRACTOR's response thereto, both of which are hereby incorporated by this reference as
part of this Agreement.
The public agencies and entities listed in Exhibit 1, attached hereto and made a part of
this Agreement by reference, shalt be entitled to purchase office supplies from CONTRACTOR
under the same terms and conditions set out for COUNTY. Additional public agencies and
entities may be added to Exhibit 1 upon the mutual written agreement of COUNTY,
CONTRACTOR and the agency or entity. Such participating agencies or entities shall make
purchases in ti-eir own names, make payment directly to bidder and be liable directly to
CUN'TRAC'1'UR, boldine the COUN'T'Y harmless. Such participating agencies and entities shall
not have in force any other : entent for like purchases, nor shall it we under consideration
for award any other bids or quotations for like putchases.
2. TERM OF AGREEMENT: This Agreement shall commence on July 1, 1993, and
shall terminate on June 30, 1994, subject to the COUNI'Y's availability of funds.
Tile COUNTY may elect to extend this Agreement for four (4) additional one (1) year terms
under the same terms and conditions set out herein. COUNTY shall communicate its intent to
exercise lire option to extend lire Agreement for an additional tern no later than thirty (30) days
prior to the end of the current term.
3. COMPENSATION: COUNTY shall compensate CONTRACTOR for those products
requested and accepted by COUNTY. Paymenis will be in lite amounis set out in
CONTRACTOR's Schedule A and B of Bid No. 5040, payable in arrears against invoices as
submitted to and received by COUNTY. Pric•--s quoted by CONTRACTOR in Bid No. 5040
shall be firm throughout the term of this Agreement. Provided however, CONTRACTOR may
request that an adjustment be made to the piie.z! quotes for products to be effective for the next
term of the Agreement if the proposed adjustment is submitted to the COUNTY in writing at
least sixty (60) days prior to We expiration of the then current term.
CONTRACTOR will make a volume discount reimbursement payment to COUNTY
within thirty (30) calendar days after tine close of each calendar qumler for the first year of (lie
Agreement. The reimbursement payment shalt be in an amount which is calculated from the
dollar amount of purchases from CON'TRACI'OR by COUNTY. Reimbursement shall be in the
amount of 10% of the purchase price paid by COUNTY for those products which are identified
in Schedule "A" of Bid NO. 5040. CONTRACTOR will also reimburse COUNTY 3% of the
price paid by COUNTY for the purchase of ;ill catalog- l and inventoried products outside of
schedule 'A". In the event that during any quarter of the annual term, COUNTY withholds
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mare than 5 % of the total at----itit due to CONTRAC`T'OR for more 11 '60 days, the COUN'T'Y
shall not be eligible for the n_abursetnent for the current term of the ngreement. The -miume
discount reimbursement payment shall be made available to the public entities and agencies
which are fisted in the Request for Bid No. 5040 and subject to the conditions set out in this
Clause.
The CONTRACTOR shalt provide COUNTY with a quarterly report which sets out the
dollar amount which was expended by the COUNTY and by each public agency and which
qualified for a reimbursement payment to the COUNTY. Ilie basis for this calculation: is the
individual monthly statement from the Contractor for tach participating agency. Furniture _
purchases will not be calculated into tie reimbursement figures. The COUNTY will receive the
quarterly reimbursement either by a check or credit. COUNTY shall make the distribution to
the public agencies and entities based upon the quarterly report.
No less than sixty (60) days prior to the end of the first ymir of dais Agre mient, or any
extension thereto, CONTRACTOR shall make a written proposal to COUNTY as to the terms
ar•1 conditions for volume discount reimbursement for the succeeding term. to the event that
C014TRACTOR does not provide a timely proposal, such reimbursement payments shall be
considered to have expired and inapplicable to the succeeding term.
4. TRICE CIIANGE; The CONTRACTOR shall furnish COUNTY with new
discounted net price lists to justify changes in [lie prices no niore frequently than quarterly. Tire
COUNTY reserves the right to require the CONTRAC"I'OR to supply vendor invoices to
substantiate such price changes.
5. NQN-STOCK rl'LMS: Contractor shall furnish the COUNTY with quarterly reports
of those items the CONTRACTOR supplied which were noti-stot.;: items in CONTRACTOR's
warehouse. The CONTRACTOR shalt be required to stock those item which appear on
successive reports and which the COUNTY designates as a critical stock requirement.
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6. C MPLIANCL• RE IREDIL' '1' •The COWRACI'^rt shalt keep infortned of
and observe all prevailing 1 ,ral and State laws, rules and regul..d. . pui.,::ant thereto whicii
in any way relate to the services and products provided by CONTRACTOR under this
Agreement.
CONTRACTOR represents that it has complied with the provisiuns of the California
Unfair Trade Practices Act in making bids, quotations, and setting prices fur this Agreement.
Contractor represents that it will not be in violation of chat Act or any other requirement of
Federal, State, or local law or regulation by providing the product, and/or service for the price
set out on this Agreemert.
Contractor shall save harmless, defend and indemnify the County and its officers, agents
and employees against any liability or claim arising from or based upon CONTRACTOR's acts
or failures to act under this Agreement or CONTRACTOR's violation of any law, ordinance,
regulation, order or decree, whether by himself, his agent, or employee.
?. QRDERS Orders sliall be placed by the various COUNTY, or agency or entity
Departments, as set out in the *Specifications' portion of the Request for Bid No. 5040. Orders
will be written on an order form furnished by the CONTRACTOR as items are needed.
8. DELIVERY, Deliveries of ordered products shall be made within two (Z) days
after the order is received by CONTRACTOR. All supplies sitall be pack-ged and marked for
specific ordering departments of COUNTY or the public agencies or entities listed in
Exhibit 1. Delivery of the products shalt be F.O.B. Destination and Full Freight Allowed
directly to [lie location of Qie ordering department. The COUNTY and agencies and entities of
Exhibit 1 reserve the right to add or delete delivery prihils, as dictated by their business
requirements.
9. tivl �CTIQN OF DELIVERY_ Materials must meet specifications. Ordering
Departments will notify the CONTRACTOR within thirty (30) days after receipt of any
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incorrectly ordered, delivered or defective material. The CON'T'RACTOR will provide the
Department with a return aorization. Contractor's driver will k up the products to be
returned within ten (10) working days from notification, at vendors expense, or the products may
be disposed of or destroyed by the Department. The COUNTY and the agencies and entities
fisted on Exhibit 1 will not be responsible, nor pay for, rejected, defective, or returned products
No service charges or restocking charges shall be levied for the return of products. Except
however, a service charge or restock charge may be levied for the return of specialty items or
custom ordered items which were identified by CONTRACTOR to the ordering Department at
the time of receipt of the order, and where the returned item is rot readily retnarketable in the
COUNTY's opinion or where the CONTRACTOR furnishes proof of restocking or service
changes from the manufacturer. In the case of a return with a restocking charge which amounts
to the full CONTRACTOR's invoice price, the item will be redelivered to the Department at no
additional charge.
10. LNVOICING: Invoicing shall be provided by CONTRACTOR, in duplicate,
showing the fund, Department, date, budget unit number, vendor number or ordering
Department and itemizing the units ordered with unit price: and extended amounts. The total
price shall include applicable taxes.
11. T:RMINATION OF AGREEMENT FOR CAUSE: If CONTRACTOR fails
to perform CONTAACTOR's duties to the satisfaction of lite COUNTY, or if CONTRACTOR
fails to fulfill in a timely and professional manner CONTRACTOR's obligations und�:r this
Agreement, or if CONI'RACI'OR shall vio!..Le any of the terms or provisions of this Agreement,
then COUNTY shall have the right to terminate this Agreement effective immediately upon the
COUNT`_' giving written netice thereof to the CONTRACTOR. In addition, either party may
terminate this Agreement upon thirty (30) days written notice to the other party.
Terminati in shall have no effect upon the rights and obligations of the parties arising out
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of any transaction occurring prior to the effective date of such termination. CONI•RACI'OR
shall be paid for all work s: actorily completed prior to the effecti iate of such termination.
12. AUDIT: The COUNTY reserves the right to audit the records of CONTRACTOR
related to this Agreement at reasonable tithes during normal hours to determine compliance by
CONTRACTOR of its obligations under this Agreement.
13. EQUAL E114PLOYMENT OPPORTUNITY: During die performance of this
Agreeintat, .he CONTRACTOR agrees that it will not discriminate against any employee or
applicant for employment because of race, color, age, religion, sex, national origin, handicap,
or veteran status.
14. DRUG IREE WORKPL • During the performance of this Agreement, the
CONTRACTOR agrees that it will provide a drug free workpiace, in accordance to the
Government Code for Drug Free Workplace Act.
15. ENTIRE AGREEMENT AND MODIFICATION: This Agreement st�persedes
all previous Agreements and constitutes the entire understanding of the parties hereto.
CONTRACTOR shall be entitled to no other benefits than those specified herein. No changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
16. . All notices required to be given under this Agreement shall be in
writing. Such notices shall be as indicated as follows:
FOR THE CON'T'RACTOR:
TOR THE COUNTY:
Eastman Inc.
7711 111urrny
Stocklon, CA 95211
Purchnsing Departrueut
222 E. Weber Ave. #675
Stockton, CA 95202
IN WITNE E S tiYEE EOF, County and Contractor have executed this
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rtgreement on the day anti year fust hereinabove set forth.
FASTIVMAN INC.
7711 MURRY
STOC:CrON, CA 95211
C CY 4O M
Contractor
COUNTY OF SAN JOAQUIN, a
political subdivision of the
State of California
B0R.
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City Agencies
City of Lodi
City of Manteca
City of Modesto
City of Stockton
City of Yuba
County Agencies
San Joaquin County
Stanisiaus County
EXHIMILLI
MultiTax Supported Agencies
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RESOLUTION NO. 93 -12r
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING PARTICIPATION IN SAN JOAQUIN COUNTY CONTRACT
FOR THE PURCHASE OF OFFICE SUPPLIES
WHEREAS, pursuant to Lodi Municipal Code Section 3.20.040, the
Purchasing Officer, with the approval of the City Council, may
authorize in writing any agency to purchase or contract for specified
supplies, services and equipment independently of the Purchasing
Department so long as such purchases are made in conformity with
established purchasing procedures as set forth in the Lodi Municipal
Code, and periodic reports are required of and provided by the agency
on said purchases made under such written authorization;
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
authorizes the City of Lodi to purchase office supplies under the terms
of the contract between the County of San Joaquin and Eastman, Inc.,
which firm was the low bidder in the April 21, 1993 bid opening by the
San Joaquin County Department of General Services, Purchasing Divisio,,
to furnish and deliver office supplies to seven public agencies in the
San Joaquin/Stanislaus County region.
Dated: October 6, 1993
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I hereby certify that Resolution No. 93-128 was passed and
adopted by the Lodi City Council in a regular meeting held October 6,
1993 by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider,
and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
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C�fer /�, Fe���,LL(/j�,
in
City Clefk
93-128
RES93128/TXTA-02J