Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 27, 2023
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Kyle Brodowski, Public Works Superintendent [email protected]
PHONE: 949-718-3464
TITLE: Approval to Purchase Five Toyota Tacoma Pick Up Trucks from RP Automotive of Downey, CA.
ABSTRACT:
The Public Works and Police Departments seek approval to purchase a total of five new Toyota Tacoma pickup trucks from RP Automotive of Downey, CA, for the total cost of $165,341 in accordance with replacement criteria as established by City Council Policy F-9 (City Vehicle/Equipment Replacement Guidelines). City Council approval is required per City Council Policy F-14 (Authority to Contract) since the purchases exceed the City Manager's contract authority of $120,000.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 23-076, appropriating $104,304.60 in increased expenditures in Account No. 7529032-911016 (Rolling Equipment) from unappropriated fund balance reserves within the Equipment Fund; c) Approve a Purchase Order for five Toyota Tacoma pickup trucks from RP Automotive of Downey, CA, for a total amount of $165,341; and
d) Authorize a contingency of $8,500 (approximately 5% of total quotes) to cover the cost of unforeseen changes to the current quotes.
DISCUSSION:
The Public Works and Police Departments seek approval to purchase five compact pickup trucks to be utilized in their respective departments.
Agreements to purchase two trucks were secured earlier this year with National Auto Fleet Group for Ford Rangers (Attachments A and B). However, in April of 2023, the agreements were cancelled by Ford Motor Company due to limited manufacturing supplies.
8-1
Approval to Purchase Five Toyota Tacoma Pick Up
Trucks from RP Automotive of Downey, CA.
June 27, 2023
Staff contacted several local car dealerships to find available inventory meeting specifications and some Toyota dealerships responded with trucks available. So, on May 2, 2023, staff published RFB No. 23-70 for five Toyota Tacoma SR 4x2 Access Cab Pickup Trucks and informed nine local Toyota dealers of the open bid. The bidding process closed on May 16, 2023, and the City of Newport Beach (City) received one bid from RP Automotive of Downey, CA for a total cost of $33,068.20 per truck (Attachment C). The City has experience purchasing Toyota pickup trucks with RP Automotive, demonstrating that this company is the lowest responsive and responsible bidder.
The Public Works Department is replacing four pickup trucks. Currently, the staff members are using older surplus vehicles repurposed as temporary loaners while new vehicles are procured. The FY 2022-23 budget includes funding for the addition of one pickup truck for the Public Works Department, while the other three trucks will be purchased from the Equipment Fund.
The Police Department seeks to purchase one compact pickup truck to replace Unit 2150, and its FY 2022-23 budget includes funding for this purchase.
FISCAL IMPACT:
The FY 2022-23 budget includes sufficient funding for two of the five vehicles. Budget Amendment No. 23-076 will appropriate funding for the purchase of the remaining three vehicles from the Equipment Fund (Fund 752), which has a reserve balance of approximately $9 million. The trucks will be expensed to the following accounts: Facility Maintenance Rolling Equipment account (0108041-911016), Equipment Purchasing Rolling Equipment account (7529032-911016), and Police Department Vehicle Replacement Account (75304-911016).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Purchase Order 22300484
Attachment B
— Purchase Order 22300489
Attachment C
— RP Automotive Bid
Attachment D
— Budget Amendment No. 23-076
8-2
Attachment A
Purchase Order 22300484
M.,
Bill To
�gW PpRT
o� 100 CIVIC CTR DR
n PO BOX 1768
r� T NEWPORT BEACH, CA 92660-3267
c�`'FOa�P 949-644-3311
PUBLICWORKSAP()-NEWPORTBEACHCA.GOV
Vendor
72 HOUR LLC
NATIONAL AUTO FLEET GROUP
490 AUTO CENTER DRIVE
WATSONVILLE, CA 95076
08/30/2022 19895
Fiscal Year 2023
Purchase Order #
Purchase Order
Page: 1 of 2
22300484
Delivery must be made within doors of specified destination.
Ship To
MOD GS EQUIPMENT MAINTENANCE
592 SUPERIOR AVE BLDG D
NEWPORT BEACH, CA 92663
PURCHASING(aD-NEWPORTBEACHCA.GOV
12300540 KYLE BRODOWSKI 949-718-3464
NET 30 DAYS MOD GS EQUIP MAINTENANCE
2023 FORD RANGER XLT 2WD SUPERCAB TRUCK
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading ATTENTION: NEIL CARROLL
REFERENCE QUOTE ID NO. 21278, DATED 26-AUG-2022
PRICING IN ACCORDANCE WITH SOURCEWELL CONTRACT NO. 091521-NAF NATIONAL AUTO FLEET GROUP WILL FURNISH AND PROVIDE ONE (1) NEW UNUSED 2023 FORD RANGER XLT 2WD SUPERCAB TRUCK WITH THE SELECTED OPTIONS, PER CITY OF NEWPORT BEACH SPECIFICATIONS.
NAFG SHALL COORDINATE WITH EQUIPMENT MAINTENANCE MANAGER KYLE BRODOWSKI FOR ALL MATTERS RELATED TO THIS PURCHASE,
INCLUDING VEHICLE DELIVERY INSTRUCTIONS
THIS IS PURCHASE ORDER 1 OF 2
CONTINUED ON
NEXT PAGE
Bill To
SEW PpRr
0 m 100 CIVIC CTR DR
PO BOX 1768
' z NEWPORT BEACH, CA 92660-3267
cq<i FoaNP
949-644-3311
PUBLICWORKSAP@NEWPORTBEACH CA.GOV
Vendor
72 HOUR LLC
NATIONAL AUTO FLEET GROUP
490 AUTO CENTER DRIVE
WATSONVILLE, CA 95076
Purchase Order
Fiscal Year 2023 Page: 2 of 2
Purchase Order # 22300484
Delivery must be made within doors of specified destination.
Ship To
MOD GS EQUIPMENT MAINTENANCE
592 SUPERIOR AVE BLDG D
NEWPORT BEACH, CA 92663
[email protected]
VENDOR PHONE NUMBER VENDOR FAX NUMBER REQUISITION NUMBER DELIVERY REFERENCE 08/30/2022 19895
NET 30 DAYS
MOD GS EQUIP MAINTENANCE
•
QTY UOMEXTENDED
PRICE
1 2023 FORD RANGER (R1 E) XLT 2WD SUPERCAB 6' BOX 126.8" WB TRUCK
1.0 EACH
$31,597.24 $31,597.24
WITH THE SELECTED OPTIONS; AS DETAILED IN CITY SPECIFICATIONS -99H: ENGINE: 2.3L ECOBOOST WITH AUTO START -STOP TECHNOLOGY -44U: TRANSMISSION: ELECTRONIC 10-SPEED SELECTSHIFT
AUTOMATIC
-64Y: WHEELS: 17" SILVER -PAINTED ALUMINUM
-TIRES: P255/65R17 ALL -SEASON (A/S) BSW
-YZ: OXFORD WHITE
-STANDARD PAINT
-LH: EBONY, FRONT PREMIUM CLITH BUCKET SEATS, 8-WAY MANUAL ADJUSTABLE DRIVER INCLUDING LUMBAR, 6-WAY MANUAL
ADJUSTABLE PASSENGER AND MANUAL RECLINING SEATS
-3.73 AXLE RATIO
-53R: TRAILER TOW PACKAGE
-51 D: AUTO START -STOP REMOVAL
-153: FRONT LICENSE PLATE BRACKET
-60H: EXTERIOR BACKUP ALARM
-55K: 110V AC POWER OUTLET (INCLUDES TWO (2) USBS LOCATED IN
THE REAR OF THE CENTER CONSOLE)
-30OA: EQUIPMENT GROUP 300A STANDARD
Sales Tax: $2448.79
GL Account: 7529032 - 911016 $34,046.03
2 CALIFORNIA STATE TIRE RECYCLING FEE
5.0 EACH
$1.75 $8.75
GL Account: 7529032 - 911016 $8.75
GILSUMMARY
JL
7529032 - 911016 $34,054.78
Total Ext. Price
$31,605.99
Total Sales Tax
$2,448.79
Important: Terms and Conditions on the reverse side are incorporated herein.
Total Freight
$0.00
Total Discount
$0.00
Total Credit
$0.00
Finance Director
Purchase Order
Total $34,054.78
City of Newport Beach
Vendor/Original Copy
8-5
CONDITIONS: The following standard conditions are always applicable, and the following work order conditions are also applicable when this order provides for performance of any work.
STANDARD CONDITIONS
1. Price: The price for the goods covered by this order shall, as applicable, cover the net weight of the products, and no extra charge of any kind, including charges for boxing, packaging or crating, shall be allowed unless specifically agreed to in advance in writing by CITY. The price for services covered by this order shall cover all activities required to perform the services as contemplated in this order.
2. Taxes: The amount of taxes imposed will be separately stated on the Order Form and any related invoice and all amounts shown will include all federal, state and local sales, use, excise and similar taxes applicable to the goods or services sold or provided under this order or the materials used in connection therewith; and SELLER shall pay any and all such taxes, except taxes required by Law to be paid or borne by CITY.
3. Most Favored Customer Status: CITY shall have the status of a "most -favored customer" with respect to matters of pricing, availability, and other terms. SELLER represents and warrants that the prices and other terms provided to CITY under this order are not less favorable than those extended to any of its other customers for similar goods and services under reasonably similar circumstances and, in the event that SELLER provides any of its other customers with more favorable prices or other terms, SELLER shall immediately provide that more favorable price or other term to CITY.
4. Law: This contract is governed by the laws of the state of California. In any legal action to enforce or interpret this contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. The provisions of the Uniform Commercial Code shall apply except otherwise set forth in this contract. SELLER shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities.
5. Integrated Contract: This order when accepted by SELLER either in writing or by the shipment of any goods or articles or other commencement of performance hereunder, constitutes the entire contract between SELLER and CITY; no exceptions, alternates, substitute or revisions are valid or binding on CITY unless authorized by CITY in writing. In the event there are any conflicts or inconsistencies between this order and any attachment hereto, the terms of this order shall govern. This agreement, memorialized by this order, may only be modified or amended by a written document executed by both SELLER and CITY.
6. Delivery: Time is of the essence in the delivery and performance under this contract. CITY reserves the right to refuse any goods or services and to cancel all or any part of the goods or services not conforming to the applicable specifications, scope, drawings, samples or descriptions. Acceptance of any part of the order for goods or services shall not bind CITY to accept future deliveries, nor deprive CITY of the right to return goods or services already accepted, at SELLERS expense. Overshipments and under shipments shall be only as agreed to by CITY. Whenever any actual or potential labor dispute delays or threatens to delay the timely performance of this order, SELLER shall immediately give written notice thereof to CITY.
7. Risk of Loss: Delivery shall not be deemed complete until goods or services have actually been received and accepted by CITY. Payment shall be made within thirty (30) days after invoice and acceptance of deliveries by CITY.
8. Warranty: SELLER expressly warrants that the goods and services covered by this order are: 1) free of liens or encumbrances, 2) of merchantable quality and good for the ordinary purposes for which they are used, 3) fit for the particular purpose for which they are intended, and 4) satisfactory and safe for consumer use. Acceptance of this order shall constitute an agreement upon SELLER'S part to indemnify, defend and hold CITY harmless from liability, loss, damage and expense, including reasonable attorney's fees, incurred or sustained by CITY by reason of the failure of the goods to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable local, State or Federal codes, ordinances, orders, or statutes including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
9. Infringement: SELLER shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this contract. SELLER warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. SELLER shall indemnify, defend and hold CITY harmless, at SELLER'S expense against all claims, demands, suits, liability and expense on account of alleged infringement of any patent, copyright or trademark, resulting from or arising in connection with the manufacture, sale, normal use or other normal disposition of any good or article of material or service furnished hereunder.
10. Assignment: Neither this order nor any claim against CITY arising out of or in connection with this order shall be assignable by SELLER or by operation of law, nor shall SELLER subcontract any obligations hereunder, without CITY'S prior written consent. All terms, covenants, and conditions contained herein shall apply to and bind the successors and assigns of the parties.
11. Force Majeure. Either Party shall be excused from performing its obligations under this contract during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
12. Severability. If any term or portion of this contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. In such event, the parties shall in good faith attempt to replace any unenforceable provision of this order with a provision that is enforceable and that comes as close as possible to expressing the intention of the original provision.
13. Default: If SELLER or any approved subcontractor breaches any provision herein, or becomes insolvent, enters bankruptcy, receivership or other like proceedings (voluntarily or involuntarily) or makes assignment for the benefit of creditors, CITY shall have the right, in addition to any other rights it may have hereunder or by law, to terminate this order by giving SELLER written notice, whereupon: (a) CITY shall be relieved of all further obligation hereunder, except to pay the reasonable value of SELLER'S prior performance, but not more than the contracted price, and (b) CITY may procure the articles or services from other sources and may deduct from unpaid balance due the SELLER or may collect against the bond or surety, or may invoice the SELLER for excess cost so paid. The price paid by CITY shall be considered prevailing market price at the time such purchase is made.
14. Non -Discrimination: SELLER represents that it is an equal opportunity employer and neither it, nor any contractor it employs, shall discriminate against any subcontractor, employee or applicant for employment because of any class protected either under state or federal law.
15. Termination: CITY reserves the right to terminate this order without penalty with cause immediately or without cause after seven (7) days written notice, unless otherwise specified.
Cause shall be defined as any breach of this contract, or any misrepresentation or fraud on the part of SELLER. Exercise by CITY of its right to terminate shall relieve CITY of all further obligations.
CITY reserves the right to cancel this contract without cause by providing written notice to SELLER at any time before the goods, services or other articles are shipped to CITY.
WORK ORDER CONDITIONS
16. Performance: SELLER shall perform all work diligently, carefully, and in a good and workmanlike manner, shall furnish all labor, supervision, machinery, equipment, materials and supplies necessary therefore, shall obtain and maintain all building and other permits and or licenses required by Public authorities in connection with performance of the contractors, SELLER shall conduct all operations in SELLER'S own name and as an independent contractor, and not in the name of or as an agent for CITY.
17. Indemnification: SELLER agrees to indemnify, defend and hold harmless CITY, its elected and appointed officials, officers, employees and agents ("CITY INDEMNITEES") from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by SELLER pursuant to this contract, unless such injury is caused by the sole negligence or willful misconduct of CITY or CITY INDEMNITEES. If SELLER'S negligence combines with CITY'S active negligence to cause injury, SELLER and CITY agree that liability will be apportioned as determined by a court of competent jurisdiction.
18. Insurance: SELLER shall maintain in full force during the term of this contract the following insurances and limits not less than those specified: (a) Workers' Compensation complying with any statutory requirements and Employers' Liability with a limit of no less than $1,000,000 per accident for bodily injury or disease; (b) Commercial General Liability on an occurrence form including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate; (c) Comprehensive Auto Liability (including the owned, non -owned and hired automobile hazards) with $1,000,000 combined single limit each occurrence. If CITY so desires, these limits maybe increased or decreased. Bills and Liens: SELLER shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. SELLER shall not permit any lien or charge to attach to the goods, the work or the premises, but if any does so attach, SELLER shall promptly procure its release, and in accordance with Paragraph 17 above, indemnify, defend and hold CITY harmless against all damages and expense incident thereto.
19. Bonds: If CITY so desires, SELLER shall provide payment and performance bonds as required.
20. Changes: SELLER shall make no change in the work or perform any additional work without CITY'S specific written approval.
It!�IRM=14W_1►1X011b:tI=1N I,M-1►1eZdelilatleWP
21. All plants and materials must be free of pests and disease. If any are found the material will be rejected and refused. SELLER shall pick up at no cost to CITY.
22. SELLER is required to provide a completed MSDS (Material Safety Data Sheet) for hazardous substances as required by labor code Sections 6390, General Industrial Safety Order, Section 5194 and Title 6, California Admins. Code MSDS sheet for each specified item shall be sent to place of shipment.
23. Claims and Attorney Fees: SELLER shall be required to file any claim the SELLER may have against the CITY in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear its own attorney's fees, costs and expenses.
24. Terms and Conditions: SELLER acknowledges that it has read and agrees to all the terms and conditions included in this Contract.
25. Definitions: Whenever used herein, "CITY" shall mean CITY of Newport Beach, a political subdivision of the State of California. Whenever used herein, "SELLER" shall mean one who sells goods or articles or provides services under this contract.
Attachment B
Purchase Order 22300489
RIM
Bill To
�gW PpRT
o� 100 CIVIC CTR DR
n PO BOX 1768
r� T NEWPORT BEACH, CA 92660-3267
c�`'FOa�P 949-644-3117
AP(a-)NEWPORTBEACHCA.GOV
Vendor
72 HOUR LLC
NATIONAL AUTO FLEET GROUP
490 AUTO CENTER DRIVE
WATSONVILLE, CA 95076
08/31/2022 19895
Fiscal Year 2023
Purchase Order #
Purchase Order
Page: 1 of 2
22300489
Delivery must be made within doors of specified destination.
Ship To
POLICE DEPARTMENT
870 SANTA BARBARA DR
NEWPORT BEACH, CA 92660
PURCHASING(aD-NEWPORTBEACHCA.GOV
12300542 LT. DAVE MINER 949-644-3660
NET 30 DAYS POLICE DEPARTMENT
2023 FORD RANGER XLT 2WD SUPERCAB TRUCK
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading ATTENTION: NEIL CARROLL
REFERENCE QUOTE ID NO. 21278, DATED 26-AUG-2022
PRICING IN ACCORDANCE WITH SOURCEWELL CONTRACT NO. 091521-NAF NATIONAL AUTO FLEET GROUP WILL FURNISH AND PROVIDE ONE (1) NEW UNUSED 2023 FORD RANGER XLT 2WD SUPERCAB TRUCK WITH THE SELECTED OPTIONS, PER CITY OF NEWPORT BEACH SPECIFICATIONS.
NAFG SHALL COORDINATE WITH LT. DAVE MINER FOR ALL MATTERS RELATED TO THIS PURCHASE, INCLUDING VEHICLE DELIVERY
INSTRUCTIONS
THIS IS PURCHASE ORDER 2 OF 2
CONTINUED ON
NEXT PAGE
::
Bill To
SEW PART
0 100 CIVIC CTR DR
PO BOX 1768
z NEWPORT BEACH, CA 92660-3267
949-644-3117
[email protected]
Vendor
72 HOUR LLC
NATIONAL AUTO FLEET GROUP
490 AUTO CENTER DRIVE
WATSONVILLE, CA 95076
Purchase Order
Fiscal Year 2023 Page: 2 of 2
Purchase Order # 22300489
Delivery must be made within doors of specified destination.
Ship To
POLICE DEPARTMENT
870 SANTA BARBARA DR
NEWPORT BEACH, CA 92660
[email protected]
VENDOR PHONE NUMBER VENDOR FAX NUMBER REQUISITION NUMBER DELIVERY REFERENCE 12300542 LT. DAVE MINER ... 6.. ..1
08/31/2022 19895 NET 30 DAYS POLICE DEPARTMENT
• QTY UOMEXTENDED PRICE
1 2023 FORD RANGER (R1 E) XLT 2WD SUPERCAB 6' BOX 126.8" WB TRUCK 1.0 EACH $31,597.24 $31,597.24 WITH THE SELECTED OPTIONS; AS DETAILED IN CITY SPECIFICATIONS -99H: ENGINE: 2.3L ECOBOOST WITH AUTO START -STOP TECHNOLOGY -44U: TRANSMISSION: ELEECTRONIC 10-SPEED SELECTSHIFT
AUTOMATIC
-64Y: WHEELS: 17" SILVER -PAINTED ALUMINUM
-TIRES: P255/65R17 ALL -SEASON (A/S) BSW
-YZ: OXFORD WHITE
-STANDARD PAINT
-LH: EBONY, FRONT PREMIUM CLITH BUCKET SEATS, 8-WAY MANUAL ADJUSTABLE DRIVER INCLUDING LUMBAR, 6-WAY MANUAL
ADJUSTABLE PASSENGER AND MANUAL RECLINING SEATS
-3.73 AXLE RATIO
-53R: TRAILER TOW PACKAGE
-51 D: AUTO START -STOP REMOVAL
-153: FRONT LICENSE PLATE BRACKET
-60H: EXTERIOR BACKUP ALARM
-55K: 110V AC POWER OUTLET (INCLUDES TWO (2) USBS LOCATED IN
THE REAR OF THE CENTER CONSOLE)
-30OA: EQUIPMENT GROUP 300A STANDARD
Sales Tax: $2448.79
GL Account: 75304 - 911016 $34,046.03
2 CALIFORNIA STATE TIRE RECYCLING FEE 5.0 EACH $1.75 $8.75 GL Account: 75304 - 911016 $8.75
GILSUMMARY
JL-
75304-911016 $34,054.78
Total Ext. Price $31,605.99
Total Sales Tax $2,448.79
Important: Terms and Conditions on the reverse side are incorporated herein. Total Freight $0.00 Total Discount $0.00
Total Credit $0.00
Finance Director Purchase Order Total $34,054.78
City of Newport Beach
Vendor/Original Copy 8-9
CONDITIONS: The following standard conditions are always applicable, and the following work order conditions are also applicable when this order provides for performance of any work.
STANDARD CONDITIONS
1. Price: The price for the goods covered by this order shall, as applicable, cover the net weight of the products, and no extra charge of any kind, including charges for boxing, packaging or crating, shall be allowed unless specifically agreed to in advance in writing by CITY. The price for services covered by this order shall cover all activities required to perform the services as contemplated in this order.
2. Taxes: The amount of taxes imposed will be separately stated on the Order Form and any related invoice and all amounts shown will include all federal, state and local sales, use, excise and similar taxes applicable to the goods or services sold or provided under this order or the materials used in connection therewith; and SELLER shall pay any and all such taxes, except taxes required by Law to be paid or borne by CITY.
3. Most Favored Customer Status: CITY shall have the status of a "most -favored customer" with respect to matters of pricing, availability, and other terms. SELLER represents and warrants that the prices and other terms provided to CITY under this order are not less favorable than those extended to any of its other customers for similar goods and services under reasonably similar circumstances and, in the event that SELLER provides any of its other customers with more favorable prices or other terms, SELLER shall immediately provide that more favorable price or other term to CITY.
4. Law: This contract is governed by the laws of the state of California. In any legal action to enforce or interpret this contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. The provisions of the Uniform Commercial Code shall apply except otherwise set forth in this contract. SELLER shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities.
5. Integrated Contract: This order when accepted by SELLER either in writing or by the shipment of any goods or articles or other commencement of performance hereunder, constitutes the entire contract between SELLER and CITY; no exceptions, alternates, substitute or revisions are valid or binding on CITY unless authorized by CITY in writing. In the event there are any conflicts or inconsistencies between this order and any attachment hereto, the terms of this order shall govern. This agreement, memorialized by this order, may only be modified or amended by a written document executed by both SELLER and CITY.
6. Delivery: Time is of the essence in the delivery and performance under this contract. CITY reserves the right to refuse any goods or services and to cancel all or any part of the goods or services not conforming to the applicable specifications, scope, drawings, samples or descriptions. Acceptance of any part of the order for goods or services shall not bind CITY to accept future deliveries, nor deprive CITY of the right to return goods or services already accepted, at SELLERS expense. Overshipments and under shipments shall be only as agreed to by CITY. Whenever any actual or potential labor dispute delays or threatens to delay the timely performance of this order, SELLER shall immediately give written notice thereof to CITY.
7. Risk of Loss: Delivery shall not be deemed complete until goods or services have actually been received and accepted by CITY. Payment shall be made within thirty (30) days after invoice and acceptance of deliveries by CITY.
8. Warranty: SELLER expressly warrants that the goods and services covered by this order are: 1) free of liens or encumbrances, 2) of merchantable quality and good for the ordinary purposes for which they are used, 3) fit for the particular purpose for which they are intended, and 4) satisfactory and safe for consumer use. Acceptance of this order shall constitute an agreement upon SELLER'S part to indemnify, defend and hold CITY harmless from liability, loss, damage and expense, including reasonable attorney's fees, incurred or sustained by CITY by reason of the failure of the goods to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable local, State or Federal codes, ordinances, orders, or statutes including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
9. Infringement: SELLER shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this contract. SELLER warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. SELLER shall indemnify, defend and hold CITY harmless, at SELLER'S expense against all claims, demands, suits, liability and expense on account of alleged infringement of any patent, copyright or trademark, resulting from or arising in connection with the manufacture, sale, normal use or other normal disposition of any good or article of material or service furnished hereunder.
10. Assignment: Neither this order nor any claim against CITY arising out of or in connection with this order shall be assignable by SELLER or by operation of law, nor shall SELLER subcontract any obligations hereunder, without CITY'S prior written consent. All terms, covenants, and conditions contained herein shall apply to and bind the successors and assigns of the parties.
11. Force Majeure. Either Party shall be excused from performing its obligations under this contract during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
12. Severability. If any term or portion of this contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. In such event, the parties shall in good faith attempt to replace any unenforceable provision of this order with a provision that is enforceable and that comes as close as possible to expressing the intention of the original provision.
13. Default: If SELLER or any approved subcontractor breaches any provision herein, or becomes insolvent, enters bankruptcy, receivership or other like proceedings (voluntarily or involuntarily) or makes assignment for the benefit of creditors, CITY shall have the right, in addition to any other rights it may have hereunder or by law, to terminate this order by giving SELLER written notice, whereupon: (a) CITY shall be relieved of all further obligation hereunder, except to pay the reasonable value of SELLER'S prior performance, but not more than the contracted price, and (b) CITY may procure the articles or services from other sources and may deduct from unpaid balance due the SELLER or may collect against the bond or surety, or may invoice the SELLER for excess cost so paid. The price paid by CITY shall be considered prevailing market price at the time such purchase is made.
14. Non -Discrimination: SELLER represents that it is an equal opportunity employer and neither it, nor any contractor it employs, shall discriminate against any subcontractor, employee or applicant for employment because of any class protected either under state or federal law.
15. Termination: CITY reserves the right to terminate this order without penalty with cause immediately or without cause after seven (7) days written notice, unless otherwise specified.
Cause shall be defined as any breach of this contract, or any misrepresentation or fraud on the part of SELLER. Exercise by CITY of its right to terminate shall relieve CITY of all further obligations.
CITY reserves the right to cancel this contract without cause by providing written notice to SELLER at any time before the goods, services or other articles are shipped to CITY.
WORK ORDER CONDITIONS
16. Performance: SELLER shall perform all work diligently, carefully, and in a good and workmanlike manner, shall furnish all labor, supervision, machinery, equipment, materials and supplies necessary therefore, shall obtain and maintain all building and other permits and or licenses required by Public authorities in connection with performance of the contractors, SELLER shall conduct all operations in SELLER'S own name and as an independent contractor, and not in the name of or as an agent for CITY.
17. Indemnification: SELLER agrees to indemnify, defend and hold harmless CITY, its elected and appointed officials, officers, employees and agents ("CITY INDEMNITEES") from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by SELLER pursuant to this contract, unless such injury is caused by the sole negligence or willful misconduct of CITY or CITY INDEMNITEES. If SELLER'S negligence combines with CITY'S active negligence to cause injury, SELLER and CITY agree that liability will be apportioned as determined by a court of competent jurisdiction.
18. Insurance: SELLER shall maintain in full force during the term of this contract the following insurances and limits not less than those specified: (a) Workers' Compensation complying with any statutory requirements and Employers' Liability with a limit of no less than $1,000,000 per accident for bodily injury or disease; (b) Commercial General Liability on an occurrence form including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate; (c) Comprehensive Auto Liability (including the owned, non -owned and hired automobile hazards) with $1,000,000 combined single limit each occurrence. If CITY so desires, these limits maybe increased or decreased. Bills and Liens: SELLER shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. SELLER shall not permit any lien or charge to attach to the goods, the work or the premises, but if any does so attach, SELLER shall promptly procure its release, and in accordance with Paragraph 17 above, indemnify, defend and hold CITY harmless against all damages and expense incident thereto.
19. Bonds: If CITY so desires, SELLER shall provide payment and performance bonds as required.
20. Changes: SELLER shall make no change in the work or perform any additional work without CITY'S specific written approval.
It!�IRM=14W_1►1X011b:tI=1N I,M-1►1eZdelilatleWP
21. All plants and materials must be free of pests and disease. If any are found the material will be rejected and refused. SELLER shall pick up at no cost to CITY.
22. SELLER is required to provide a completed MSDS (Material Safety Data Sheet) for hazardous substances as required by labor code Sections 6390, General Industrial Safety Order, Section 5194 and Title 6, California Admins. Code MSDS sheet for each specified item shall be sent to place of shipment.
23. Claims and Attorney Fees: SELLER shall be required to file any claim the SELLER may have against the CITY in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear its own attorney's fees, costs and expenses.
24. Terms and Conditions: SELLER acknowledges that it has read and agrees to all the terms and conditions included in this Contract.
25. Definitions: Whenever used herein, "CITY" shall mean CITY of Newport Beach, a political subdivision of the State of California. Whenever used herein, "SELLER" shall mean one who sells goods or articles or provides services under this contract. 8-10
Attachment C
City of Newport Beach
Bid Results for Project (5) 2023 or Newer Toyota Tacoma SR 4x2 Access Cab Pickup Trucks (23-70) Issued on 05/02/2023
Bid Due on May 16, 2023 1:00 PM (PDT)
Exported on 05/16/2023
Line Totals (Unit Price * Quantity)
Item Num Section Item Code Description
1 Section 1
2023 or Newer Toyota Tacoma SR 4x2 Access Cab Pickup Truck 2 Section 1
Tire Recycling Fee
3 Section 1
DMV Registration Fee (Exempt Plates)
4 Section 1
DMV Documentation Fee
5 Section 1
Tax
6 Section 1
Delivery Charge (if applicable)
Unit of Measure Quantity rp automotive
EACH 1
EACH 5
VEHICLE 1
VEHICLE 1
EACH 1
LOT 1
Subtotal
Total
Unit Price rp automotive - Line Total rp automotive - Response $30,566.00 $30,566.00 Yes
$1.75 $8.75 Yes
$33.00 $33.00 Yes
$85.00 $85.00 Yes
$2,375.45 $2,375.45 Yes
$0.00 $0.00 Yes
$33,068.20
$33,068.20
8-11
City of Newport Beach
BUDGET AMENDMENT
2022-23
Department: Public Works
Requestor: Kyle Brodowski
❑ CITY MANAGER'S APPROVAL ONLY
0 COUNCIL APPROVAL REQUIRED
ONETIME: ❑r Yes ❑ No
Approvals
BA#: 23-076
ATTACHMENT D
Finance Director: 2 a" dWAWPf, Date lWyl?.
Citv Clerk: Date
EXPLANATION FOR REQUEST:
To purchase three (3) vehicles for the replacement of existing vehicles that are in accordance with the replacement ❑ from existing budget appropriations criteria as established by City Council Policy F-9 for the Public Works Department. The total amount for the three ❑ from additional estimated revenues (3) vehicles is $99,204.60. The total expenditure requested includes an approximate contingency in the amount of ❑ from unappropriated fund balance $5,100.00 to cover the cost of unforeseen changes.
REVENUES
Fund # Org Object Project Description Increase or (Decrease) $ Subtotal $
EXPENDITURES
Fund # Org Object Project Description Increase or (Decrease) $ 752 7529032 911016 EQUIPMENT PURCHASING - ROLLING EQUIPMENT 104,304.60 Subtotall $ 104,304.60
FUND BALANCE
Fund # Object Description Increase or (Decrease) $
752 300000 EQUIPMENT FUND - FUND BALANCE CONTROL (104,304.60) Subtotal $ (104,304.60)
Fund Balance Change Required
8-12