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HomeMy WebLinkAboutDocumentation_Regular_Tab 20_1/12/2023Agenda Item #20. Regular Council STAFF MEMO W -D Meeting: Regular Council -Jan 12 2023 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities M I Consider Approval of an Agreement with Duval Ford for Purchase of a 2023 Ford F250 4x4 for the Utilities Department through the Florida Sheriff's Association Contract for a cost of $52,472, and to Increase the Budget Accordingly SUMMARY The Utilities Department recommends approval of an agreement to purchase a 2023 Ford F250 4x4 through the Florida Sheriff's Association contract for a total cost of $52,472. This will require an increase in the budget line item by $14,472 over the original budget of $38,000 for the purchase. This truck will replace existing unit UD65, a 2011 Ford F150, which is more than 11 years old, is approaching 95,000 miles, and has been experiencing an increased frequency in costly repairs and down time. In addition, new vehicles are equipped with driver assist features that help ensure driver safety. The Utilities Department's crews use full-sized F250 pickup trucks with tool storage compartments and safety lighting packages for transportation and day-to-day maintenance activities, including pulling heavy equipment. The Village Council approved $38,000 to be used for the purchase of the vehicle. The budgeted amount of $38,000, approved by Village Council, was based on a similar vehicle purchase in 2021 for $31,876. The actual invoiced cost of the vehicle is $52,472, which is 30% higher than anticipated. The higher vehicle cost is a reflection of the current market, which is experiencing a shortage of vehicle components that has led to a low inventory of vehicles and significantly higher cost for the available vehicles. In order to accommodate the cost increase, the Utilities Department is requesting approval to increase this budget line item. By approving this purchase, you are approving a budget amendment in the amount of approximately $14,472, to be brought forward during our April Village Council meeting's mid -year budget amendment. To ensure the lowest possible price, the Village piggyback's the current Florida Sheriff's Association contract that was awarded to various vendors (including Duval Ford). The vendor selection by the Sheriff's Association & Florida Association of Counties was completed through a competitive selection process. The Utilities Department recommends moving forward with this purchase to maintain utilities operations and the safety of our team. Budget table for the Operating Expenditure Budget, Capital Outlay, Vehicles under 401-411-664.602: VEHICLES FY23 Encumbered Budget Replace vehicle UD65 (2011) — water distribution full size pickup with utility storage $38,000 $0 p p Y g TOTAL $389000 $0 Additional This Request Budget Request $52,472 $141472 $52,472 $14,472 Page 362 of 396 Agenda Item #20. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: FY23 Vehicle Purchase - F250 4x4 Proposed: $52)472 PROJECTED TOTAL: $52,472 BUDGET: $38,000 ENCUMBERED: $0 Projected Remaining: -$14,472 Recommend approval of the agreement with Duval Ford to purchase a 2023 Ford F250 4x4 for the Utilities Department for operations. Duval Ford Quote - TEQUESTA X213 JD (002) 4x4 Option FY23 Ford Letter to VILLAGE OF TEQUESTA 22.1222.Duval Ford VOT Purchase Agreement signed Duval Page 363 of 396 Agenda Item #20. 180 X2B • • • "�!?' - X2B SOUTH We appreciate your interest and the opportunity to quote. Pricing references the FLORIDA SHERIFFS ASSOCIATION LIGHT VEHICLE CONTRACT FSA 22-VEL-30 /FSA 22-VEH2O. Ifyou have any questions regarding this quote please calla Note.. Vehicle will be ordered white exterior unless specified on purchase order. Shipping and Invoicing instructions are required on agency purchase order. FORD F-250 XL SUPER DUTY SUPER CAB 4X4 [X213] $ 45,207.00 $ 45,207.00 X2113 XL SuperCab 4X4 — 6 %' Box BASESPEC BASESPEC Z1/AS Oxford White exterior/Medium Earth Gray interior $ - $ - ' 996/44S 6.8L 2 Valve Gas SOHC EFI NA V8 (Flex Fuel)/TorgShift°-G Six- $ - $ - 90L Power Equipment Group $ - $ - 534 F-250 COMPLETE TRAILER TOW PACKAGE — HD Availability: • Optional on XL, XLT, Includes trailer plug 6 or 7 way • Includes hardware pack: Class IV Ball Mount, 2" Ball, Sleeve reducer, pin and clip • Recommend Trailer Brake Controller (TBC) (52B) — XL SRW • Recommend Locking Differential $ 1,485.00 $ 1,485.00 52B Trailer Brake Controller (TBC) (Verified to be compatible w/select electric over hydraulic brakes; 7 & 4-way combo $ 299.00 $ 299.00 18B SUPER Platform Running Boards $ 444.00 $ 444.00 85S Tough Bed® (spray -in bedliner; includes tailgate -Guard, black box bed tie -down hooks and black bed attachment bolts; $ 594.00 $ 594.00 96D XL Driver Assist Package $ 729.00 $ 729.00 874 360-Degree Camera Package (Requires 96D) $ 1,149.00 $ 1,149.00 Incl BLIS w/ cross -traffic alert, rear parking sensors, reverse sensing system w/ reverse brake assist $ - LED PKG 1 4 Corner Flashing System (2 Surface Mounted In Grille , 2 In Tail Lights) (Specify color at time of order) MCRNS*, $ 810.00 $ 810.00 Note: COLOR: AMBER/WHITE $ - $ - LED PKG 3 16" Mini Whelen Led Century Light Bar -Amber light with Clear- MCI6PCA, also available with Amber Lenses $ 605.00 $ 605.00 AUWTBS-72 HD Aluminum Side Mounted Toolbox 72" Long, Price per side $ 575.00 $ 1,150.00 • ', 180 X213 Page 364EfE3% Agenda Item #20. NothanOscermon Government Sales VILLAGE OFTEQUESTA: 10gn0Executive Plaza 0, Ford PrOTM is excited to begin taking orders for the all -new 2023 model year (23MY) Super Dutyo starting in mid -November. The next -generation 2023 Ford F-Series Super Duty takes our trusted heavy-duty truck to the next level with must -have tech such as Pro Power Onboard T" and our exclusive suite of software and services that help maximize uptime, accelerate productivity and lower the cost ofownership. Given the shortened model year, continuing microchip shortage and global supply chain disruptions, we anticipate an over -subscribed Super Duty government order bank. To avoid uncertainty about the quantity of trucks we will be able to supply, I'm pleased to introduce our Super Duty Allocation Program. Under this new program, we will reserve production slots for our best Super Duty state and local government partners. This pilot program will provide transparency,, certainty and allow you to better plan for your future fleet needs. Based on your five-year average Super Duty purchase history, Ford has placed you o~the waitl|st for the 23MY. If Ford provides you allocation to fu`,ll an order, your dealer will inform you at that time. While every effort will bemade tosupply your projected aUocation,p|easerernernberthatorders in the dealer's order banks are no guarantee of future production. In addition, inflation and significant rises in navv material costs are impacting new vehicle pricing. We will not guarantee price protection on unbui|t 22MY orders that are re-entered into the 23MY order bank. However, once a purchase order is submitted to your Ford dealership, we will honor the current price level throughout the entire model year, regardless of when the Super Duty is produced or delivered. We appreciate your understanding as we work through these challenging times. Please contact your dealership representative for complete details. Thank you again for your loyalty and support ofthe Ford brand. National Government Sales Manager Page 365 of 396 Agenda Item #20. VILLAGE OF TEQUESTA AGREEMENT FOR THE PURCHASE OF A FOR F-250 XL SUPER DUTY CAB 4X4 FROM DUVAL FOR THIS VEHICLE PURCHASE AGREEMENT is entered into and effective this day of January, 2023 (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida 1-nui)icipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469., organized and existing m- accordance with the laws of the State of Florida. hereinafter the 7 "'Village"; and, a Florida [enter company/corporation type] with offices located at 5203 Waterside Dr, Jacksonville, FL 322 10, hereinafter the "Sellei" and collectively with the Village, the "Parties". WITNESSETH The Village and the Seller, fil Consideration of the n-iutual covenants con.taincd herein and for other good and valuable consideration,, the receipt and sufficiency of which is hereby aelmowledged by both Parties, hereby agree as follows: 1. DESCRIPTION OF GOODS: The Parties hereby agree to enter into this Agreement whereby the Seller shall transfer and deliver to the Village, and the Village shall accept, a Ford F-250 XL Super Duty Super Cab 4x4, hereinafter the "Goods," pursuant to all applicable statutory, licensu'-Ig and. Village code requirements. The Parties agree to enter into this Agreement pursuant to the Proposal, which is hereby fully m'corporated into this Agreement and attached hereto as Exhibit "A" and in conjunction with the Florida Sheriff "s Association Cooperative Purchasing Agreement FSA 22-VEL-30 FSA 22-VEH20. Said cooperative purchasiLng agreement, including its terms, conditions, specifications, and attached exhibits/ainendments, are hereby fully incorporated into this agreemcnt. Seller hereby agrees and acknowledges that the Goods must ftilly con-forn-i to this Agreement and that no substitutions will be permitted in the Goods or their materials for how they are described in this Agreement or any terms of the Florida Sheriff's Association Cooperative Purchasing Agreement FSA 22-VEL-30 / FSA 22-VEH20. Failure of the Seller to adhere to any portion of this.Agreement, or the FSA Cooperative Purchasm'g Agreement including but not limited to the quantity, quality, or materials of the Goods used shall constiftite a fundamental breach under this Agreement. 2. of In consideratlon for the Goods described in greater detail above, pricing shall be pursuant to the prices provided in the proposal -found in Exhibit "A". In consideration for the above -described Goods and pursuant to any Exhibits, if applicable, the Village shah pay the Seller a total amount not to exceed fifty-two thousand four hundred and Page I o f 8 Page 366 of 396 Agenda Item #20. seventy-two dollars ($52,472.00). Payment shall, be within 30 days of the Village-)s receipt of the Goods. The goods shall be delivered in a inanner and location acceptable to the Village the "Performance Date". 3. CHANGE ORDERS1 Seller is aware that pfice and time are of the essence in this contract and that prompt and tff'nely perfon-liance of all such obligations is stlictly requff'ed. If conditions change that would require an increase in price, scope, or time for perfonnance Seller must notify the Village in writing detail m'g the conditions that have changed and reqliesti -1.g a change order to the contract within 30 days prior to the perfon-nanec date "Change Order Deadline". Change orders subnu'tted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations tinder a change order request unless docLuiaented in a written Change Order executed by both Parties. If Seller requests a change order prior to the change order deadlu'le Village at its discretion may accept the change order as is or with modifications, deny the change order, re -advertise and re-soll.cit providers for the required goods or services or tenninate this contract. If the Village elects to re -advertise and re -solicit the need for goods or set -vices, the Village will have 30 days "Solicitation .Period" in which to accept the contemplated change order or terminate this contract. At any time after execution of this Agreement but prior to Seller's delivery of the Goods,, the Villacre reserves the right at its discret' C) ion to change, modify, revise add,,, or remove any part of its order for the Goods as descn'bed by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease M' the cost of the Goods or causes a change U'l the time required for delivery of the Goods, the Village shall n-take an equitable a4justment in the conlract price l, the delivery schedule, or both. Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terins of this Agreement shall be effectuated through a written Amendment to this Agreement executed by both Parties pursuant to Section 17 of this Agreement. 4. DELIVERY; RISK OF LOSS: Unless otherwise stated in Exhibit "A", the Seller shall deliver the Goods by 12/31/2023 if produced as a 202,�Ip model, FOB (Free on Board) Destination. The Village shall have the right to change the date of delivery with 30 days written notice. The Parties mutually agree that time is of the essence. The Seller assumes responsibility for the Goods., and all risk of day iage, toss, or delay of the Goods w-itil the Goods are delivered to or collected by the Village, Once the Goods have been delivered to or collected by the Villa ge, the Village assumes all responsibility for and risk of damage to such Goods. Page 2 of 8 Page 367 of 396 Agenda Item #20. 5. RIGHT TO INSPECTION,.- The Village shall have the Hght to inspect the Goods upon flieff delivery. If the Goods fail to conform to the specifications of this Agreement, the Village shall. have 30 days to inform the Seller of any defect or other nonconformity found withm' the Goods. Notice of nonconfonnity may be made in accordance with Section 5 of this Agree ment or through another niethod agreed upon by die Parties. on the Seller's receipt of a notice of noncon.-formIty, the Seller shall have 30 days to cure said noncOnforinitY. If the Seller fails to cure withu'l said tine, the Seller shall be considered iii default and the Village shall have the light to terminate this Agreement, return of Village's consideration, and shall have the fight to any other legal or equitable remedies available. 6. TERMINATION; NOTICE: This Agreeinent may be ten-ninated by either party Upon 30 days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand -delivered to the Parties dura'ior regular business hours at the following addresses: Village Seller Village of Tequesta Jared Davis 345 Tequesta Dfive 5203 Waterside Dr. Tequesta, FL 33469-0273 Jacksonville, FL 32210 Jared-davis@duvalmotor.com 7. INSURANCE: The Seller shall provide proof of insurance in connection with the Shipment of the Goods in such aniounts as decried sufficient by the Village. The Seller shall also naive the Village as an "additional insured')'on the liabilityportion of the insurance policy. 8. INDEMNIFICATION: The Seller shall at all tirnes indenmify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand, or cause of action of whatsoever kind or nature, afism'g out of error, omission, negligent act, coDduct, or misconduct of the Seller) its agents, servants, or employees in the delivery of the Goods under this Agreement. Nothuig contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereIgn immunity beyond the waiver provided in Section 768.28,, Florida Slalutes. 9. WARRANTIES AND REPRESENTATIONS: The Seller hereby warrants and represents to the Village that: Page 3 of 8 Page 368 of 396 Agenda Item #20. (a) The Seller has the requisite power and authority to execute and deliver this Agreement and to perfom-1 its obligations her under; (b) The Seller is the ti-ue and lawful owner of the Goods conveyed by this Agreement and has full Power to convey such goods, and the title so conveyed is free, clear, and unencumbered; and (e) The Goods delivered pursuant to this Agreement are merchantable, free from defects,, whether patent or latent in material or workmanship and fit for the ordinaty purposes for which it is intended. (d) The Goods dclivered pursuant to this Agreement will, under normal use, be free from defects in material and worlaiaanshlp and function properly for a reasonable time. 10. PUBLIC ENTITIES CRIMES ACT: As provided i Sections 287.132-1.33, Florida Statutes, by entefing into this Agreement or perfoniung any work in furtherance hereof, the Seller certifies that it, its affiliates suppliers, lers and consultants who will perfon-n hereunder, have not been placed on the convicted vendor list maintam'ed by the State of Florida Depm-bment of Management Services with thifty-six (36) months Immediately precedm'g the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 11. INSPECTOR GE NERAL: Pursuant to Afficle X11 of the Pah-n Beach County Charter, the Office of the h-ispector General has jurisdiction to havestig ate municipal matters, review and audit municipal CODtracts, and other transactions, and make reports and recorm-nendations to municipal govern bodies based on such audits, reviews, or mvestigations. All parties doi-ng business with the Village shall fully cooperate with. the inspector general in the exercise of the inspcctor general's functions, authority, and power. The inspector general has the power to take sworn. statenients, require the production of records., and to audit, monitor, investigate and inspect the activitles of the Village, as well as cont-actors and lobbyists of the Village to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 12. ENERIFY ELIGMILITY: The Seller warrants and represents that it is in cornpliance with Section 448.095, Florida Statutes, as may be amended. No later than Janual-y 1, 202 1:) the Seller shall: (1) register with and use the E-Verify System (E-Veilfy.gov) to electronically v 'f erl y the employment eligibility of all newly hired wortc-ers, and (2) verify that all of the Seller"s subconsultants perfoniiing the duties and obligations of this Agreement are registered with and use the E-Ven'fy System to electTonically verify the employnient eligibility of all newly hired workers. Page 4 of 8 Page 369 of 396 Agenda Item #20. The Seller- shall obtain from each of its sub -consultants an affidavit stating that the sub -consultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that terni is defined in Section 448-095(1)(k), Florida Statutes, as may be amended- The Seller shall maintain a copy of any such affidavit from a sub -consultant for, at a rm'nu'uUm, the duration of the subcontract and any extension thereof. This provision shall not supersede anv provision of this Agreement that requfreS a longer retention period. The Village shall terimnate this Agreement if it has a good faith belief that the Seller has knowingly violated Sectloi da St 448.09(l), F ori t te, , as i ay be -1 1 a u 5 -n amended. If the Seller has a good faith belief that the Seller's subconsultant has Iuiowmgly violated. Section 448-09(l), Florida Statutes, as may be am -ended, the Village shall notify the Seller to ten-ninate its contract with the sub -consultant and the Seller shall Emmediately terrin'nate its contract with the sub -consultant. In the event of such contract terrnm'ation, the Seller shall be 11ab1c for any additional costs incurred by the Village as a result of the teenination. 13. SCRUTINIZED COMPANIES: For Contracts under $1M, the Seller certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Sechon 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Seller is found to have submitted a false certification as provided under Section 287.135(5), F'lorida Statutes if the Seller has been placed on the Scrutu'lized Comparties that Boycott Israel List created pursuant to Section 215.4725,, Florida Stalutes, or if Seller is engaged. In a boycott of Israel. For Contracts over $ IM, the Seller certifies that it is not on the Scrutm'ized Companies with Activities in Sudan List, the ScrutiniYed Companies with Activities M' the Iran. Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725., Florida Statutes. The Seller further certifies that it is not engaged in a boycott of Israel and that it does not have business operations M Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may teimmate this Agreement at the Village's option if the Seller is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Seller has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additlonally, the Village may termm'ate this Agreement at the Village's option if the Seller is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statute, . 14. NFTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, includm'g fees on appeal. Page 5 of 8 Page 370 of 396 Agenda Item #20. 15. FORCE MAJEURE: -flie Seller shall not be considered in default by reason of any failure in perfonmance under this Agreement If such failure arises out of causes reasonably beyond the control of the Seller or its subcontractors and without their fault or ne,tyligence- Such causes include but are not linfit ed to; acts of God; acts of war; natural or pub lic health elnerg encies; labor disputes; freight ernbargocs; and abnormally severe and unusual weather conditions. 16. CHOICE OF LAW,- VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and ven.ue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 17. AMENDMENTS AND ASSIGNMENTS: This Agreemeint, all Exhibits attached hereto, and required m'surance certificates constitute the entire Agreement between both Pat -ties; no modifications shall be made to this Agreement unless in writing, agreed to by both Paities, and attached hereto as an addendum to this Agreement. The Seller shall not transfer or assign the provision of the Goods called for in this Agreement without the prior written consent of the Village. 18. PUBLIC RECORDS: In accordance with Scction 119.0701, Florida Statutes, the Seller must keep and maintain this Agreement and any other records associated therewith and that are associated with the delivery of the Goods as described above. Upon request from the Village's custodian of public records, the Seller must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable tune in accordance with access and cost requirements of Chapter 119, Florida Stallytes. A Seller who falls to provide the public records to the Village, or falls to make the available for inspection or copy i-ng, within a reasonable tine may be subject to attorneys lees and costs pursuant to Section 119-070 17 Florida Statutes,, and other penalties under Section 119.10, Florida Statutes. Furth.cr, .� the Seller shall ensure that any exempt or confidential records associated with this Agreement or associated with the delivery of the Goods contemplated herein are not disclosed except as authoi-ized by law for the duration of the Agreement term, and following completion of the Agreement if the Seller does not transfer the records to the Village. Finally, upon completion o f the A greemen t, the Seller shall transfer, at no cost to the Village, all public. records in possession of the Seller, or keep and maintain public records required by the Village. If the Seller transfers all public records to the Village upon completion of the Agreement, the Seller shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Seller keeps and maintains public records upon coinpletion of the Agreemew, the Seller shall meet all applicable requircments for retaining public records. Records that are stored electronically Page 6 of 8 Page 371 of 396 Agenda Item #20. must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE SELLERHAS QUESTIONS REGARDING THE APPLICATION QT CHAPTER 119, FLORIDA STATUTES, TO THE SELLER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams(&,tequestaom, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 19. RE ADINGS: The headm'gs contained in this Agreement are provided for convenience only and shall not be considered in construing, intei-pretie g, or enforcu'lg this Agreement. 20. SEVERABILITY: The M'valldity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. ,21. WAIVER: ' No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other Provisions hereof or of any subsequent breach by the Seller of the same, or any other provision or the enforcement hereof. The Village"s consent to or approval of any act requiring the Village's consent or approval of any act by the Seller shall not be deemed to render umiecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 22. ENTIRE AGREEMENT: This eight page Agreement constifutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in wn'ting, agreed to by both parties, and attached hereto as an addend -um to this Agreement. 23. AUTHORITY TO OBLIGATE- Each person signing this agreement on behalf of either Party individually warrants that he or she has the full legal power to execute this agreement on behalf of the Party for whom he or she is signing and bind and obligate such party with respect to all provisions contained fii this agreement. Page 7 of 8 Page 372 of 396 Agenda Item #20. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 8 of 8 Page 373 of 396 Agenda Item #20. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: DUVAL FORD ATTEST: :red ed Davis 522 Waterside Dr, Jacksonville,, Florida, FL 322 10 (Corporate Seal) VILLAGE OF TEQUESTA By: Molly Young, Mayor Lori McWilliams, MMC (Seal) Village Clerk Page 9 of 8 Page 374 of 396