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HomeMy WebLinkAboutReso 2022-3439RESOLUTION NO. 2022 - 343 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE WAIVER OF COMPETITIVE BIDDING PROCEDURES OF CHAPTER 62 OF THE CITY'S CODE OF ORDINANCES; RATIFYING THE EXPENDITURE OF BUDGETED FUNDS FOR THE PURCHASE OF TWO (2) VEHICLES FROM SAWGRASS FORD, IN AN AMOUNT NOT TO EXCEED SEVENTY-ONE THOUSAND THREE HUNDRED THIRTY-ONE DOLLARS ($71,331.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 15, 2022, via Ordinance No. 2022-590, the City Commission of the City of Sunny Isles Beach ("City") adopted the Operating and Capital Improvement Budget for the Fiscal Year Commencing October 1, 2022, through September 30, 2023 ("Adopted Budget"); and WHEREAS, the City's Fleet Division is in need of purchasing two (2) Ford F-150 trucks ("Trucks"), which were included in the Adopted Budget; and WHEREAS, due to high demand as well as supply chain issues, there is a national shortage of vehicles; and WHEREAS, Sawgrass Ford ("Vendor") had the Trucks readily available for purchase; and WHEREAS, as a result of the aforementioned constraints, and after conducting a good faith review of available sources, the City Manager determined that it was in the City's best interest to authorize the purchase of the Trucks, in an amount not to exceed Seventy -One Thousand Three Hundred Thirty -One Dollars ($71,331.00); and WHEREAS, pursuant to Section 62-12 of the City's Code of Ordinances, the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time; and WHEREAS, the City Commission wishes to ratify the waiver of competitive bidding procedures and the expenditure of budgeted funds for the purchase of two (2) Ford F-150 trucks from Sawgrass Ford, in an amount not to exceed Seventy -One Thousand Three Hundred Thirty -One Dollars ($71,331.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of Waiver of Competitive Bidding Procedures. The City Commission hereby ratifies the waiver of the competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so pursuant to Section 62-12 of the City's Code of Ordinances R2022 Authorizing Sawgrass Ford F -150s Purchase Page 1 of 2 Section 2. Ratification of Expenditure of Funds. The City Commission hereby ratifies the expenditure of budgeted funds for the purchase of two (2) Ford F-150 trucks, in an amount not to exceed Seventy -One Thousand Three Hundred Thirty -One Dollars ($71,331.00) from Sawgrass Ford. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. ►_1 PASSED AND ADOPTED on this 17th day of November 2022. XRobin oldman, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauri io detancuk, CMC, City Clerk sward A. Dion, City Attorney Vote: Mayor Goldman (Yes) (No) Vice Mayor Viscarra v7j (Yes) (No) Commissioner Joseph Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) R2022 Authorizing Sawgrass Ford F -150s Purchase Page 2 of 2 CUST#2704 14501 West Sunrise Boulevard •Sunrise, Florida 33323.954-851-9000 BUYER'S ORDER -� DEAL# 326194 DATE STOCK# SALESMAN 11/01/2022 86978 PURCHASER Ci Of Sunn Isles Beach PHONE 305-792-1707 PURCHASER PHONE NIA N/A ADDRESS APT/STE # 18070 Collins Avenue CITY, STATE, ZIP Sunnv Isles Beach FI 33160 E-MAIL ADDRESS N/A ENTER MY OFFER FOR (ONE) YR. MAKE 2022 FORD MODEL PU F-150 I.D. NO. TRIM 1FTMF1CB7NKE97174 COLOR YZ OXFORD WHITE MILEAGE 8 DRIVER'S LICENSE/STATE NIA VEHICLE PRICE 35260.00 YEAR MAKE MODEL SPECIAL NOTES N/A N/A N/A OR WE OWE: N/A I.D. NO. NIA NIA N/A COLOR PREVIOUSLY I EASED ❑ YES ❑ NO N/A MILEAGE N/A N/A N/A TYPE NIA N/A N/A YEAR MAKE MODEL N/A NIA N/A N/A N/A I.D. NO. N/A I N/A N/A COLOR PREVIOUSLY LEASED ❑ YES ❑ NO TOTAL INCLUDING N/A MILEAGE N/A ACCESSORIES: $ 35260.00 TYPE NIA TRADE ALLOWANCE: NIA CASH DIFFERENCE: $ 35260.00 FL LAW -WASTE TIRE & TRADE-IN PAY-OFF VERIFICATION LEAD -ACID BATTERY FEE: + 6.50 DEALER FEES: + N/A ACCEPT OUR AMOUNT: S NIA COMPANY CHECK N/A EXTENDED SERVICE PLAN: + N/A BANK: NIA TOTAL AMOUNT TAXABLE: $ 35266.50 SALES TAX: + N/A ADDRESS: NIA NEW TAGORTRANSFER: + 399.00 ACCT: NIA PHONE: N/A BALANCE OWED ON TRADE-IN: + N/A GOOD TIL: N/A PERSON GIVING: N/A TOTAL UNPAID BALANCE: $ 35665.50 DO CERTIFY THAT HAVE NIA DEPOSIT: NIA Personal Injury Injury on, Property Damage L abllNy MdBodlly Iniury LJablliry (when requested) FACTORY REBATE: NIA INSURANCE CURRENTLY IN EFFECT WITH N/A Company ame CASH ON DELIVERY: NIA UNDER POLICY NUMBER N/A TOTAL DUE Cash and/or Finance $ 35665.50 'The front and back of this Order comprise the entire agreement affecting this purchase and no other agreement or understanding of any nature concerning same has been made or entered into, or will be recognized. I have read the matter printed on the back hereof and agree to it as part of this order the same as if it were printed above my signature. I certify that I am 18 years of age, or older, and hereby acknowledge receipt of a copy of this order." 'READ CONDITIONS ON REVERSE SIDE'.' Accepted for Ci Of Sunny Isles Beach Purchaser's Name (printed): City Y Dealership: SAWGRASS FORD Dealership: Purchaser (1) Signature: Date: 11/01/2022 Purchaser (2) Signature: NIA Date: N/A 70907*1*SF-FI iii0ii2ULL 0-3:09 Pm 141 TERMS AND CONDITIONS OF SALE DELIVERY: Sawgrass Ford, hereinafter referred to as Dealer, shall have the right upon failure or refusal of customer, hereinafter referred to as Buyer, to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Buyer's Order to retain as liquidated damages any cash deposit made by buyer. 2. TRADE-IN: If a used car trade-in is part of the consideration to be paid by Buyer for the vehicle ordered hereunder, then in that event, Buyer agrees to deliver to dealer satisfactory evidence of title to any such car at the time of delivery of such used motor vehicle to Dealer. Buyer warrants any such used motor vehicle to be his or her property free and clear of all liens and encumbrances except as otherwise noted on the face of this Buyer's Order. Buyer further acknowledges that his or her trade- in vehicle will be in the same condition as when first appraised by Dealer at the time such used motor vehicle is delivered to Dealer, ordinary wear and tear excepted. Should the trade-in vehicle be damaged between the date of appraisal and the date of delivery, such trade-in vehicle shall be subject to reappraisal. Buyer assumes responsibility for any difference in payoff in excess of amount shown on the face of this Buyer's Order and will pay such difference in cash on demand. 3. ARBITRATION AGREEMENT: Any controversy or claim arising out of or relating to this Agreement and any controversy or claim of any nature whatsoever arising out of or related to the transaction described on the face of this Buyer's Order, including purchase, lease, service or any resulting transaction and any claim arising from Buyer/Dealer dealings or regarding the interpretation, scope, or validity of this Agreement or arbitrability of any issue shall be settled by arbitration under the laws of the State of Florida (the Florida statutes of limitations are hereby made applicable to all such claims and controversies) in accordance with the rules then in force of the American Arbitration Association and any award rendered at the conclusion of said Arbitration may enforced in any Court having jurisdiction thereof. THIS ARBITRATION AGREEMENT shall include any and all claims or controversies arising out of or related to the automobile referred to on the face of this Buyer's Order including a claim for punitive damages, violation of the Truth -In -Lending Act, rescission or revocation of acceptance, fraud, unfair trade practices, civil theft or any other claim of any nature whatsoever. There shall be no right or authority for any claim or controversy, arising out of or related to this Agreement or arising out of or related to the transaction referred to on the face of this Buyer's Order to be arbitrated on a class action basis. 4. VENUE, JURYTRIAL WAIVER AND PUNITIVE DAMAGE WAIVER: The parties agree that the venue (location) of any litigation or arbitration proceeding which may be filed by any party to this Agreement shall be in Broward County, Florida and in connection with any such action, both the buyer and the dealer agree and do by this Agreement waive their right to trial by jury. Both C parties to this Agreement hereby waive their right to punitive damages in connection with any controversy or claim of any nature whatsoever arising out of the purchase by Buyer of the unit described on the face of this Buyer's Order, or any other matter related to or arising out of this Agreement. S. DEALER WARRANTY DISCLAIMER: The motor vehicle described on the reverse side of this Buyer's Order is being sold 'As W' and with all faults. The only warranties applying to this vehicle are those offered by the manufacturer. Dealer installed equipment is not covered by the Manufacturer's Vehicle Warranty. Warranties, if any, on this equipment are those of the respective manufacturer. The Dealer hereby expressly disclaims all warranties, either express or implied, including any implied warranties of merchantability or fitness for a particular purpose, and dealer neither assumes nor authorizes any other person to assume for it any liability in connection with the lease of this vehicle. Buyer shall not be entitled to recover from the Dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental or consequential damages. The sole and exclusive remedy of Buyer shall be to look to the vehicle manufacturer or the manufacturer of any Dealer supplied optional equipment in connection with said warranties. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you. 6. TRANSIT DAMAGE: Despite the best efforts of the vehicle manufacturer and the companies who transport new vehicles, some vehicles may be damaged on their way from assembly plants to dealerships. Buyer hereby acknowledges that no representations have been made to him or her concerning whether or not the vehicle being sold has or has not sustained such transit damage. In the event that the new vehicle being leased has sustained transit damage in an amount equal to or in excess of three percent (3%) of.the manufacturer's suggested retail price of the vehicle or $650.00, whichever is less (at Dealer's actual cost of repairs excluding replacement items), such damage will be disclosed to Buyer and the vehicle will cant' with it all manufacturer warranties. Z WINDOW FORM: The information you see on the window form for this vehicle is part of this Agreement. Information on the window form overrides any contrary provisions in this Buyer's Order other than in respect of the matters set forth in Sections 3 or 4 of this Agreement. S. NEW TAG OR TRANSFER: The new tag or transfer charges include all tag related expenses, the State of Florida registration fee and title fee, tag agency fee, tag fee calculation, printing of temporary tag, issuing of On Demand tag and the electronic scanning of the documents and the related administration costs. 9. DISCLAIMER: "Section 501.98, Florida Statutes, requires that, at lease 30 days before bringing any claim against a motor vehicle dealer for an unfair or deceptive trade practice, a consumer must provide the dealer with a written demand letter stating the name, address, and telephone number of the consumer, the name and address of the dealer, a description of the facts that serve as the basis for the claim; the amount of damages; and copies of any documents in the possession of the consumer which relate to the claim. Such notice must be delivered by the United States Postal Service or by a nationally recognized carrier, return receipt requested, to the address where the subject vehicle was purchased or leased or where the subject transaction occurred, or an address at which the dealer regularly conducts business" 70907*1*SF-FI 11/01/2022 03:09 pm 142 TERMS AND CONDITIONS OF SALE DELIVERY: Sawgrass Ford, hereinafter referred to as Dealer, shall have the right upon failure or refusal of customer, hereinafter referred to as Buyer, to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Buyer's Order to retain as liquidated damages any cash deposit made by buyer. 2. TRADE-IN: If a used car trade-in is part of the consideration to be paid by Buyer for the vehicle ordered hereunder, then in that event, Buyer agrees to deliver to dealer satisfactory evidence of title to any such car at the time of delivery of such used motor vehicle to Dealer. Buyer warrants any such used motor vehicle to be his or her property free and clear of all liens and encumbrances except as otherwise noted on the face of this Buyer's Order. Buyer further acknowledges that his or her trade- in vehicle will be in the same condition as when first appraised by Dealer at the time such used motor vehicle is delivered to Dealer, ordinary wear and tear excepted. Should the trade-in vehicle be damaged between the date of appraisal and the date of delivery, such trade-in vehicle shall be subject to reappraisal. Buyer assumes responsibility for any difference in payoff in excess of amount shown on the face of this Buyer's Order and will pay such difference in cash on demand. 3. ARBITRATION AGREEMENT: Any controversy or claim arising out of or relating to this Agreement and any controversy or claim of any nature whatsoever arising out of or related to the transaction described on the face of this Buyer's Order, including purchase, lease, service or any resulting transaction and any claim arising from Buyer/Dealer dealings or regarding the interpretation, scope, or validity of this Agreement or arbitrability of any issue shall be settled by arbitration under the laws of the State of Florida (the Florida statutes of limitations are hereby made applicable to all such claims and controversies) in accordance with the rules then in force of the American Arbitration Association and any award rendered at the conclusion of said Arbitration may be enforced in any Court having jurisdiction thereof. THIS ARBITRATION AGREEMENT shall include any and all claims or controversies arising out of or related to the automobile referred to on the face of this Buyer's Order including a claim for punitive damages, violation of the Truth -In -Lending Act, rescission or revocation of acceptance, fraud, unfair trade practices, civil theft or any other claim of any nature whatsoever. There shall be no right or authority for any claim or controversy arising out of or related to this Agreement or arising out of or related to the transaction referred to on the face of this Buyer's Order to be arbitrated on a class action basis. 4. VENUE, JURYTRIAL WAIVER AND PUNITIVE DAMAGE WAIVER: The parties agree that the venue (location) of any litigation or arbitration proceeding which maybe filed by any party to this Agreement shall be in Broward County, Florida and in connection with any such action, both the buyer and the dealer agree and do by this Agreement waive their right to trial by jury. Both parties to this Agreement hereby waive their right to punitive damages in connection with any controversy or claim of any nature { whatsoever arising out of the purchase by Buyer of the unit described on the face of this Buyer's Order, or any other matter related to or arising out of this Agreement. 5. DEALER WARRANTY DISCLAIMER: The motor vehicle described on the reverse side of this Buyer's Order is being sold 'As W' and with all faults. The only warranties applying to this vehicle are those offered by the manufacturer. Dealer installed equipment is not covered by the Manufacturer's Vehicle Warranty. Warranties, if any, on this equipment are those of the respective manufacturer. The Dealer hereby expressly disclaims all warranties, either express or implied, including any implied warranties of merchantability or fitness for a particular purpose, and dealer neither assumes nor authorizes any other person to assume for it any liability in connection with the lease of this vehicle. Buyer shall not be entitled to recover from the Dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental or consequential damages. The sole and exclusive remedy of Buyer shall be to look to the vehicle manufacturer or the manufacturer of any Dealer supplied optional equipment in connection with said warranties. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you. 6. TRANSIT DAMAGE: Despite the best efforts of the vehicle manufacturer and the companies who transport new vehicles, some vehicles may be damaged on their way from assembly plants to dealerships. Buyer hereby acknowledges that no representations have been made to him or her concerning whether or not the vehicle being sold has or has not sustained such transit damage. In the event that the new vehicle being leased has sustained transit damage in an amount equal to or in excess of three percent (3%) of the manufacturer's suggested retail price of the vehicle or $650.00, whichever is less (at Dealer's actual cost of repairs excluding replacement items), such damage will be disclosed to Buyer and the vehicle will cant' with it all manufacturer warranties. 7. WINDOW FORM: The information you see on the window form for this vehicle is part of this Agreement. Information on the window form overrides any contrary provisions in this Buyer's Order other than in respect of the matters set forth in Sections 3 or 4 of this Agreement. 8. NEW TAG OR TRANSFER: The new tag or transfer charges include all tag related expenses, the State of Florida registration fee and title fee, tag agency fee, tag fee calculation, printing of temporary tag, issuing of On Demand tag and the electronic scanning of the documents and the related administration costs. 9. DISCLAIMER: "Section 501.98, Florida Statutes, requires that, at lease 30 days before bringing any claim against a motor vehicle dealer for an unfair or deceptive trade practice, a consumer must provide the dealer with a written demand letter stating the name, address, and telephone number of the consumer, the name and address of the dealer, a description of the facts that serve as the basis for the claim; the amount of damages; and copies of any documents in the possession of the consumer which relate to the claim. Such notice must be delivered by the United States Postal Service or by a nationally recognized carrier, return receipt requested, to the address where the subject vehicle was purchased or leased or where the subject transaction occurred, or an address at which the dealer regularly conducts business." 70907*1*SF-FI 11/01/2022 03:07 pm 144