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RESOLUTION NO. 15010
A RESOLUTION APPROVING A PURCHASING AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND PATTLEN ENTERPRISES, INC. DBA L.L.
JOHNSON DISTRIBUTING COMPANY, INC., FOR TWO TORO
GROUNDSMASTER MOWERS FOR THE PUEBLO PARKS AND
RECREATION DEPARTMENT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, the City of Pueblo shall use a cooperative agreement through the Colorado
Municipal Assembly of Procurement (“MAPO”) to purchase Toro Mowers for the Pueblo Parks
and Recreation Department on OMNIA Contract No. 2017025 (issued by the city of Mesa, AZ)
with pricing and options as included in Schedule 1 of the purchasing agreement; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The City Council authorizes the purchase of two Toro Groundsmaster mowers from
Pattlen Enterprises, Inc., dba L.L. Johnson Distributing Company, Inc., in the amount of
$223,110.42, and the Purchasing Agent may execute any required documents for said
purchase.
SECTION 2.
Funds for said purchase shall be from Project No. CI2113 – ARPA Parks&Rec - Park
Mowers.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Resolution to implement the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: September 26, 2022
BY: Dennis Flores
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk's Office Item # M5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: September 26, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Steven Meier, Director of Parks and Recreation
SUBJECT: A RESOLUTION APPROVING A PURCHASING AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND PATTLEN ENTERPRISES, INC. DBA L.L. JOHNSON
DISTRIBUTING COMPANY, INC., FOR TWO TORO
GROUNDSMASTER MOWERS FOR THE PUEBLO PARKS AND
RECREATION DEPARTMENT AND AUTHORIZING THE PURCHASING
AGENT TO EXECUTE SAME
SUMMARY:
This Resolution will approve a purchase agreement for the purchase of two Toro
Groundsmaster mowers for the Pueblo Parks and Recreation Department, utilizing
ARPA funding.
PREVIOUS COUNCIL ACTION:
Ordinance No. 9931 was approved on May 17, 2021, which established Project No.
CI2113 and budgeted and appropriated up to $36.7 million in funds which were
expected to be distributed to the City from the American Recovery Plan Act (ARPA) for
covered costs and eligible expenses to be incurred during the period which began on
March 3, 2021, until December 31, 2024 (to be expended by December 31, 2026).
Resolution No. 14854 was approved on April 11, 2022, which authorized payment from
Project No. CI2113 (ARPA) for several governmental service projects, which included
the purchase of mowers for the Parks and Recreation Department, HVAC for the El
Centro del Quinto Sol Recreation Center, and funding to replace the greenhouse at
Mineral Palace Park.
BACKGROUND:
The Pueblo Parks and Recreation Department intends to use these funds to purchase
two Toro Groundsmaster mowers to replace current outdated equipment.
FINANCIAL IMPLICATIONS:
Funding in the amount of $223,110.42 will be paid from Project No. CI2113 – ARPA
Parks&Rec - Park Mowers.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
If the Resolution is not passed, the Pueblo Parks and Recreation Department will not
be able to purchase the needed mowers.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. LL Johnson Purchase Agreement for Toro Mowers
DocuSign Envelope ID:916FCE8C-6577-4578-8652-9AA3C6DE471 C
PURCHASE AGREEMENT BY AND BETWEEN
CITY OF PUEBLO AND
PATTLEN ENTERPRISES, INC. DBA
L.L.JOHNSON DISTRIBUTING COMPANY INC.
THIS AGREEMENT("Agreement")shall be effective this 27th day of September 2022,by and between the
City of Pueblo,a Municipal Corporation,(hereinafter referred to as the"City")and L.L.Johnson Distributing Company,Inc.,
a registered trade name for Pattlen Enterprises, Inc.,a corporation registered in the State of Colorado(hereinafter referred to
as the"Vendor").
WHEREAS, the City shall utilize a cooperative agreement through the Colorado Municipal Assembly of
Procurement("MAPO")to purchase Toro Mowers for the City's Parks and Recreation Department on OMNIA Contract No.
2017025 (issued by the City of Mesa, AZ) with pricing and options as included in Schedule 1, attached hereto and
incorporated herein;and
WHEREAS, Vendor quoted a total of$223,110.42 on August 11,2022 for the items set forth in Schedule 1. The
City is of the understanding that the quote shall be applicable for the current order; however, price may fluctuate with the
cost of manufacturer parts and components for Toro equipment prior to the date of delivery.
NOW THEREFORE,the Parties hereby agree to the following terms and conditions:
1. In consideration of the payment of the purchase price as provided herein, Vendor agrees to furnish and
deliver the following as set forth in Schedule 1,complete in every respect,including all components necessary for proper use
and operation, and fully complying with reasonable expectations of new equipment manufactured to industry standard
specifications and subject to the terms,conditions,and requirements set forth in this Agreement:
(a) Model 31698 Groundsmaster 5900(T4)including sunshade and foam filled caster wheel assembly;and
(b) Model 30609 Groundsmaster 4000-D (T-4) including sunshade, foam filled caster wheel assembly, and
road light kit(MY21 and newer).
2. Vendor shall deliver the purchased equipment to City at no additional cost to 800 Goodnight Avenue,
Pueblo, Colorado 81003 through an appointment scheduled with an authorized Parks and Recreation Department
representative within the timeframe shown below:
Anticipated Delivery Date: August 2023
(a) The delivery deadline for any item shall only be extended by City for delay in delivery caused by (i)
unavailability of materials due to war or national emergency,(ii)unavailability of transportation for the item from
the manufacturer to Pueblo, Colorado caused by strike, (iii) nuclear detonation, or (iv) catastrophic acts of God
affecting the availability of materials or labor critical to the timely manufacture and the delivery of the equipment
in its entirety.
(b) Risk of loss shall be upon Vendor until delivery of items in Pueblo and acceptance of same by City.
Acceptance shall be made by City only if the items conform to this Purchase Agreement and the Specifications
included in Schedule 1, and satisfactorily pass the Performance Test and/or Requirements set forth in the
Specifications.
3. Vendor shall provide a written invoice to City within forty-five (45) days from the date of delivery of
equipment and acceptance by an authorized City representative. The invoice shall be for the amount shown in Schedule 1,
including any additional manufacturer costs as approved by the City's Purchasing Director prior to delivery and acceptance
of the equipment.Vendor shall contact City's Purchasing Director prior to shipment of any equipment and notify him or her
of any additional manufacturer costs. The City shall consider a manufacturer price increase if such increase can be
substantiated by written notice from manufacturer to Vendor and thereafter forwarded to the City's Purchasing Director for
review and approval. If City's Purchasing Director determines the price increase has not been sufficiently explained,
documented,or substantiated,City may elect to immediately terminate this Agreement as set forth in Section 9 below.The
additional costs must be accepted by City's Purchasing Director in writing prior to Vendor shipping the equipment. If the
22a-040 L.L.Johnson Purchase Agreement Page 1 of 23
DocuSign Envelope ID:916FCE8C-6577-4578-8652-9AA3C6DE471 C
additional costs are not accepted,but the equipment is nonetheless shipped,the City shall not be liable for nor pay any of the
additional costs.
4. Vendor shall pay for all royalties and the licensing of patents for any patented material or product used by
Vendor or incorporated into the equipment purchased under this Purchase Agreement.Vendor shall also indemnify,defend,
and hold City harmless against any and all claims that the equipment,or any part or portion thereof,infringe upon any patent.
City shall: (a) promptly notify Vendor of any claim for which indemnification may be sought, (b) cooperate fully in the
defense of such claim, and (c) permit Vendor to settle or compromise such claim on terms and conditions which, in good
faith, it determines to be appropriate.
5. REQUIRED FEDERAL PROVISIONS
(a) Vendor understands that City may be funding the purchase in whole or part with funds provided by the
American Rescue Plan Act of 2021,Coronavirus State and Local Fiscal Recovery Funds(SLFRF Program). Vendor
agrees it is subject to and shall comply with all applicable provisions of Title 2 CFR Part 200 under which this
Agreement has been made and other applicable regulations.
(b) Vendor shall comply with the attached Special Funding Contract Requirements, attached hereto and
incorporated herein as Schedule 2,and any/all other Federal,State,and local laws applicable to its activities.
(c) All records with respect to any matters covered by this Agreement shall be available for inspection by City,
the U.S.Treasury Department,or any other Federal or State fund auditing agencies regarding use of ARPA funds at
any time during normal business hours and as often as agencies deem necessary,to audit,examine and make excerpts
or transcripts of relevant information,and otherwise to perform its official functions or duties.
6. This Purchase Agreement and the rights,title, and interests of the parties herein, shall not be assigned or
transferred by either party, except upon prior written consent of the other party, provided, however, that Vendor herein
provides and grants such consent to City assigning and transferring this Purchase Agreement and its rights hereunder,or any
portion thereof,to any third party leasing or financing source with whom the City agrees,on City's behalf,to provide payment
to Vendor of amounts owed or to be owed by City to Vendor hereunder, or otherwise relating to City's leasing or financing
of equipment should that option become necessary,and Vendor hereby agrees to execute all documents reasonably necessary
to effect such assignment.
7. This Purchase Agreement, including the specifications incorporated by reference, and including the
warranties required by the foregoing, constitute the entire agreement between the parties, and there are no representations,
conditions,or collateral agreements,expressed or implied,with respect to this Purchase Agreement other than as contained
herein, and this Agreement shall supersede all previous communications, representations or agreements, either written or
oral,between the parties to this Purchase Agreement.
8. This Purchase Agreement may not be modified or changed in any way except by written agreement signed
by the persons authorized to sign agreements on behalf of Vendor and City.
9. This Purchase Agreement shall be governed by the laws of the State of Colorado and shall be construed in
accordance therewith.The parties agree that venue for all actions or causes of action relating to or arising from this Purchase
Agreement,or the vehicles, equipment, and apparatus purchased hereunder, shall be in Pueblo County,Colorado. All such
actions will be filed in the District Court, County of Pueblo, State of Colorado,and the parties submit to the jurisdiction of
that Court.
10. This Agreement and all other documents contemplated hereunder may be executed using electronic
signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document
Format(PDF)or other readily available file format,or by copy transmitted via email,or by other electronic means and in one
or more counterparts,each of which shall be:(i)an original,and all of which taken together shall constitute one and the same
agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and (iii) enforceable in
accordance with its terms
22a-040 L.L.Johnson Purchase Agreement Page 2 of 23
DocuSign Envelope ID:916FCE8C-6577-457B-8652-9AA3C6DE471 C
11. TERMINATION
(a) City reserves the right to terminate this Agreement at any time upon written notice,either for cause or for
convenience. Upon such termination, City shall excuse Vendor for delivery of equipment and Vendor shall be
authorized to utilize,sell,delivery,or keep equipment as Vendor determines and at no expense to the City.
(b) Upon termination of this Agreement, City and Vendor shall neither request nor require costs incurred or
obligated, whether actual or perceived, for performance of the Agreement. In no event shall the City pay Vendor
for any termination costs, including but not limited to return costs,completion costs,restocking fees, and shipping
fees,after termination of the Agreement.
12. SUBJECT TO LAW
(a) This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein
shall constitute,nor be deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of
future appropriations by the City Council of Pueblo,contrary to Article X,§20 of the Colorado Constitution or any
other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement,
with respect to any financial obligation of City which may arise under this Agreement in any fiscal year,in the event
the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge
such obligation, such failure shall not constitute a default by or breach of this Agreement, including any sub-
agreement,attachment,schedule or exhibit thereto,by the City.City may in its sole and absolute discretion terminate
this Agreement for reasons of non-appropriation immediately upon written notice without causing default or breach.
(b) Nothing in this Agreement is intended,nor should it be construed,to create or extend any rights,claims or
benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations
otherwise conferred upon the City of Pueblo, a Municipal Corporation under or by virtue of federal or state law,
including but not limited to the Colorado Governmental Immunity Act,C.R.S. §24-10-101,et seq.
13. This Agreement and all other documents contemplated hereunder may be executed using electronic
signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document
Format(PDF)or other readily available file format,or by copy transmitted via email,or by other electronic means and in one
or more counterparts,each of which shall be:(i)an original,and all of which taken together shall constitute one and the same
agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and (iii) enforceable in
accordance with its terms.
(Continue to next page for Signature Section.)
22a-040 L.L.Johnson Purchase Agreement Page 3 of 23
DocuSign Envelope ID:916FCE8C-6577-457B-8652-9AA3C6DE471 C
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first above
written.
CITY OF PUEBLO,A MUNICIPAL CORPORATION PATTLEN ENTERPRISES, INC. DBA
L.L.JOHNSON DISTRIBUTING COMPANY,INC.
�-DocuSigned by:
DocuSigned by: A,�'-'
B Zaofwi. eo e 1 B AIn. 1 1Aier
fibilifftvaawi,Director of Purchasing 3‘ --1-713137331Efferchior,General Manager
"—DoesSigned by:
Attes S{t� ten, r ,
7L02t6FI- U43
ansa S `toll' er,`City Clerk
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BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
Ds
c—DocuSigned by:
(OWL SOLA4A,b Approved
In1EbF B4/ut598F
Laura S�olano,Chief of Staff
APPROVED AS TO FORM:
DocuSigned by:
ValAiLt C. 60emsa.
"- zas eesz9eae
Dan ogovse�k,City Attorney
Attachments: Schedule I: Quote and Specifications
Schedule 2: Special Funding Contract Requirements
Schedule 3: TORO Equipment Contract with OMNIA
Additional Information for Agreement
22a-040 L.L.Johnson Purchase Agreement Page 4 of 23