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HomeMy WebLinkAboutReso 2023-3477RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE ISSUANCE OF A PURCHASE ORDER TO BARTOW FORD FOR THE PURCHASE OF A FORD F150 TRUCK, IN AN AMOUNT NOT TO EXCEED SIXTY-ONE THOUSAND SIX HUNDRED TEN DOLLARS AND SEVENTY-FIVE CENTS ($61,610.75), ATTACHED HERETO AS, EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Police Department of the City of Sunny Isles Beach ("City") was in need of purchasing a Ford F-150 Truck ("F150") for enhanced traffic enforcement; and WHEREAS, due to high demand as well as supply chain issues, there is a national shortage of vehicles; and WHEREAS, Bartow Ford ("Vendor") had the F150 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 issue a purchase order and authorize the purchase of the F150 from the Vendor; and WHEREAS, the purchase of the F150 was made using the Charlotte County Contract No. 2021000541;and WHEREAS, pursuant to Section 62-13 (C) of the City's Code of Ordinances, purchases made under state general service administration contracts, federal, county or other governmental contracts or competitive bids with other governmental agencies are exempt from the City's competitive bidding requirements; and WHEREAS, the City Commission wishes to ratify the issuance of a purchase order to Bartow Ford for the purchase of a Ford F150 truck, in an amount not to exceed Sixty -One Thousand Six Hundred Ten Dollars and Seventy -Five Cents ($61,610.75), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratify Issuance of Purchase Order. The City Commission hereby ratifies the issuance of a purchase order to Bartow Ford for the purchase of a Ford F-150 truck, in an amount not to exceed Sixty -One Thousand Six Hundred Ten Dollars and Seventy -Five Cents ($61,610.75), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. R2023 Ratify Expend Funds w Bartow Ford F-150 Purchase Page 1 of 2 PASSED AND ADOPTED on this 16th day of March 2023. A Larisa Svechin, Mayor ATTEST- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A6 Mauri 'o Be ancur, MC, City Clerk Xlerie Vicente, City Attorney Moved by:k16::5_kk ' Seconded by:I -� Vote: Mayor Svechin ✓(Yes) (No) Vice Mayor Joseph .✓ (Yes) (No) Commissioner Lama ,✓ (Yes) (No) Commissioner Stuyvesant- p%&E-r'f-' (Yes) (No) Commissioner Viscarra ✓ (Yes) (No) @BCL@98084A14.doc Page 2 of 2 CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305)792-1707 Fax: (305)949-3113 Send Invoices To: AccountsPayable@sibfl.net ATTN: SIB POLICE DEPARTMENT CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE 2ND FLOOR SUNNY ISLES BEACH, FL 33160 Vendor #: 4568 BARTOW FORD COMPANY 2800 US HWY 98 NORTH BARTOW, FL 33830 DATE: 02/21/23 NO.: 23-00880 w11E1RED TERMS NET 30 Florida Sales Tax Exempt No. 85-8012694687C-4 C�UA(yTIT1C� ; I7EIV1,::. .,_VillDESCIIPT,,10►V, „ 'T T07AL+ i 1. 1 . 00/EA Factory Invoice 600-3-5210-464200-99504 60, 836. 0000 60, 836.00 W1E - 2022 F-150 Crew Cab 44 145" WB XL 998 - 3.5L V6 EcoSoost Engine 44G - 10 Speed Automatic Transmission 302A- Equipment Package 43B - Ford Co -Pilot 360 Assist 2.0 53A - Trailer tow Package SSA - FX4 Off Road Package 64S - 20" Six Spoke Dark Alloy Wheels 862 - XLT Sport Appearance Package 472 - Pro Power Onboard - 2KW 763 - 360 Degree Camera Package 1.00/EA Government Price Concession 600-3-5210-464200-99504 3,500.0000- 3,500.00- ,500.00Discount Discount 1 .00/EA 4.27% Contract Discount 600-3-5210-464200-99504 2,448.2500- 2,448.25. 1.00/EA Whelen Inneredge Blue/Blue 600-3-5210-464200-99504 6,723.0000 6,723.00 with 2 LED Take Down, Whelen 100 Watt Speaker, Whelen HHS3200 Hand Held Siren Controller, (2) Whelen DUO Blue/White ION's Mounted Forward in Grill Area, (2) Whelen DUO Blue/White Thin ION'S Mounted Side Fog Light Area, (2) Whelen Blue ION's Mounted High in Rear Glass, (2) Whelen 5 Lamp SOLO Blue/Blue Tracers Mounted in Running Board Area, (4) Whelen DUO Blue/White Thin ION's Mounted Per Per Budget Approval Per DAVID BLANCO EDWARD SANTIAGO 11 a,j 440� A Regiarsltlgrted By ' `: t5elxa(relit Head , Flri3nc� pirecC�r f CltyrMahager ✓ 3_.� r3 - L .- h- - 1. Exempt from Local, State, and Federal taxes. 2. C.O.D or collect shipments will not be accepted. 3. Substitutions will not be accepted without prior approval. 4. Normal receiving hours are Monday -Friday, 8:30 a.m. to 5:00 p.m. Page 1 of 2 CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305)792-1707 Page # Purchase Order `'«THIS I�UtVBi EA ,P IN1tQIGES, 3 1 `+PACCCI'NO LIST -fit G,QRIfiESP�ONDEN�CE r`ETC3, >' '°� i•' b; to S..r [µ t -.r k. xi .. fl�� T -Kl µi48. C - •fes.. _F��f + L l�'.'. NO. 23-00880 in Lower Tailgate Area, Under Rear Seat Weapons Vault, Single Lid Deep Black Tool Box, Spray in Bedliner, Deep Window Tint, Bartow Ford Custom Installation, Sunny Isles GHOST Graphics TOTAL 61,610.75 PURCHASE ORDER TERMS AND CONDITIONS (1) The delivery of the goods and/or services within the time specified is of the essence of this Purchase Order. Buyer shall have the right to cancel any or all item(s) without obligation if delivery is not made on or before the time(s) specified. In the event Seller fails to make timely shipment, Buyer shall have the right to purchase elsewhere and unless the delay was caused by unforeseeable circumstances beyond Seller's control, seller shall reimburse Buyer for any additional chargesincurred. (2) All purchases are F.O.B. destination, freight prepaid by Seller unless otherwise stated on the Purchase Order. Collect shipments will not be accepted. Calculations for invoice payment will be calculated from the date Buyer receives the invoice. All packages MUST BEAR THE BUYER'S PURCHASE ORDER number on the shipping label. (3) The risk of loss, injury or destruction, regardless of the cause shall be borne by the Seller until delivery of goods to the specified destination, and inspection and acceptance of the goods by Buyer. Rejected goods will be returned to Seller's at Seller's risk and expense. Title of goods shall pass to Buyer upon acceptance. (4) Seller warrants that the goods, services, and/or workmanship furnished and/or delivered pursuant to this Purchase Order shall: a. Conform in all respect to the description and specifications contained in this Purchase Order; b. Be merchantable and fit for the ordinary purposes for which such goods are used or intended to be used; C. Be new and not secondhand, or good quality and free form defects whether latent or patent in material or workmanship; all material and workmanship is warranted for a minimum of one (1) year from date of acceptance by Buyer unless otherwise stipulated herein; d. Be free from any security interests, liens or encumbrances; Seller warrants that it has good and marketable title to the goods delivered hereunder; e. Comply with the requirements of all applicable federal, state, and municipal laws and regulations; f. Not infringe upon or violate any copyrights or patent rights. No warranty, either express or implied, may be modified, excluded or disclaimed in any way by Seller. All warranties shall remain in full force, notwithstanding acceptance and payment to Buyer. (5) Seller shall indemnify, defend and hold harmless Buyer for all damages, losses and liabilities arising out of (1) the operations of Seller pursuant to this Purchase Order including but not limited to those caused by or arising out of a defective condition in the goods, whether patent or latent, provided that such defect existed at the time of shipment by Seller; (2) infringement of any United States patent, trademark or copyright for or on account of the use of any product sold to the Buyer, and/or (3) any negligent act, error or omission by the Seller, or its employees, agents, subcontractors or assignees in connection with services performed under this Purchase Order. Seller agrees to pay all damages, costs and attorney's fees incurred in the defense of any such claim. (6) Buyer, acting through its City Manager or designee, reserves the right to terminate this order in whole or in part for default if (a) Seller fails to perform in accordance with any of the requirements of this order or (b) Seller becomes insolvent or suspends any of its operations of if any petition is filed or proceeding commenced by or against Seller under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of creditors. Any such termination shall be without liability to the Buyer except for completed items delivered or accepted by the Buyer. In the event of default by the Seller, Buyer may procure the articles or services covered by this order from other sources and hold the Seller responsible for any excess costs occasioned thereby, in addition to the all other available remedies at law or equity. (7) Buyer is exempt from Federal and State Taxes. (S) Seller shall comply with all applicable federal, state, and local laws, rules and regulations, including but not limited to the Fair Labor Standards Act and Equal Opportunity Provisions of Executive Orders. Seller must comply with the requirements under Chapter 442, Florida Statutes, that any toxic substance delivered as part of this order must be accompanied by a Material Safety Data Sheet (M.S.D.S). (9) Failure by Seller to (1) deliver or install the goods and/or services in accordance with the Buyer's delivery/installation deadlines, or (2) deliver or install the exact quantities of the goods and/or services to the Buyer in accordance with the Buyer's delivery/installation deadlines, shall cause the Seller to pay to the Buyer liquidated damages in the amount of five percent (5 %) of the total purchase price. Seller and Buyer agree that the amounts described as liquidated damages are not penalties but represent a fair and reasonable estimate of the costs that the Buyer will incur by reason of Seller's failure to perform, and are fair and reasonable compensation to the Buyer for its losses. Failure by Buyer to impose liquidated damages will not constitute a waiver of the right to enforce this section nor will it constitute a waiver of any other right of Buyer under the Purchase Order Terms and Conditions, including but not limited to the Seller's obligation to Buyer to pay any overdue amounts or perform any services required under the Purchase Order Terms and Conditions. (10) This Purchase Order shall be governed and construed according to the laws of the State of Florida. All parties to this Purchase Order shall submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this order or the performance or work hereunder. Venue of any action to enforce this order or the performance of work hereunder shall be in Miami Dade County, Florida. If Buyer or Seller shall be required to enforce the terms of this order by court proceedings or otherwise, whether or not formal legal action is requited, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including but not limited to, costs and reasonable attorney's fees. (l 1) This Purchase Order contains the entire understanding of the parties relating to the subject matter hereof, superseding all prior communications. This Purchase Order may not be changed except by written amendment signed by authorized agents by both Buyer and Seller. Seller is expressly prohibited from delegating its duties and obligations or transferring or assigning its rights hereunder without the prior written approval of Buyer. (12) Any delivery of goods and services referenced in this Purchase Order and for the Seller's attached quote constitutes acceptance by the Seller of the foregoing terms and conditions. (13) In the event services or delivery of goods are scheduled to end because of the expiration of this PO, the vendor shall continue the service or delivery of the goods upon request from the City. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing PO. The successful vendor shall be compensated for the service or delivery of goods at the rate(s) in effect from the original quoted price. (14) By accepting this Purchase Order, Seller certifies that Seller is not listed on the Scrutinized Companies that Boycott Israel list, the Scrutinized Companies with Activity in Sudan list, the Scrutinized Companies with Activities in Iran Petroleum Energy Sector list, has not engaged in business operations in Cuba or Syria or is engaged in the boycott of Israel pursuant to Florida Statutes Section 217.4725. (15) The awarded vendor and/or any and all subcontractors or anyone directly or indirectly employed by either of them shall maintain in force at their own expense insurance as required by the City. Seller rendering service on City property must provide and maintain the City as an additional insured on their current policy. Revised 01/21 Cf�,t OF 51YN t+�¢ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Edward Santiago, Chief of Police DATE: . March 16, 2023 RE: Ratify the Purchase of Police Vehicles from Bartow Ford RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Due to supply chain shortage the acquisitions of vehicles has been challenging. The Police Department was able to locate a 2022 Ford F150 that will be used by the Strategic Services Division and will bE striped with subtle "ghost" markings for enhanced traffic enforcement. The Police Department is seeking to ratify the purchase of this vehicle using Department of Justice forfeiture funds for $61,610.75 from Bartow Ford. The vehicle is being purchased via Charlotte County contract 2021000541. FUNDING SOURCE: Department of Justice Forfeiture Funds 600-3-5210-000000-00000. ATTACHMENTS: Resolution Purchase Order - Bartow Ford Item Number: 10.6