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HomeMy WebLinkAboutDocumentation_Regular_Tab 18_2/9/2023Agenda Item #18. Regular Council STAFF MEMO Meeting: Regular Council - Feb 09 2023 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities �� Consider Approval of an Agreement with Duval Ford for Purchase of a 2023 Ford F250 4x4 for the Utilities Department through the Florida Sheriffs Association Contract for a cost of $52,472, and to Increase the Budget Accordingly 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, from reserves in the Water Fund. 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 Sheriffs 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. Staff also researched a potentially less expensive option such as purchasing a vehicle "on the lot" at a dealership or another brand. We found that dealers do not sell to governmental agencies from their lot at the lower contracted fleet prices found on such contracts as the Sheriff's contract. We initially were hopeful about another brand we found of a "like" truck but after research, found that it was being discontinued and would not be available for purchase. Budget table for the Operating Expenditure Budget, Capital Outlay, Vehicles under 401-411-664.602: Page 296 of 1094 Agenda Item #18. VEHICLES FY23 Encumbered Budget Replace vehicle UD65 (2011) — water $38,000 $0 distribution full size pickup with utility storage TOTAL $38,000 $0 * Requested additional funds to be taken from reserves in the Water Fund Additional This Request Budget Request* $52,472 $14,472 $52,472 $14,472 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 297 of 1094 Agenda Item #18. `U.1110 i 11/23/2022 Village of Tequesta Duval Fleet David Tinoco Jared Davis dtinoco@teguesta.org (Work) 904-388-2144 561-262-4335 (Fax) 904-387-6816 (Mobile) 904-343-4451 jared.davis@duva Imotor.com 5203 Waterside Dr ✓ax, Fl 32210 Fro a oon We appreciate your interest and the opportunity to quote. Pricing references the FLORIDA SHERIFFS ASSOC/AT/ON LIGHT - .,, • • . VEHICLE CONTRACT FSA 22-VEL-30 /FSA 22-VEH20. Ifyou have any questions regarding this quote please calla Note, Vehicle a , j will be ordered white exterior unless specified on purchase order. Shipping and Invoicing purchase order. instructions are required on agency X26 SOUTH FORD F-250 XL SUPER DUTY SUPER CAB 4X4 [X26] $ 45,207.00 $ 45,207.00 X26 XL SuperCab4X4-6%'Box BASESPEC BASESPEC Z1IAS 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 $ Eft- F-250 COMPLETE TRAILER TOW PACKAGE — HD Availability: 534 • Optional on XL, XLT, Includes trailer plug 6 or 7 way $ 1,485.00 $ 1,485.00 • 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 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 Ind 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 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 X2B Page 298 cYP4094 Agenda Item #18. owo PRO"' Nathan Oscarson Government Sales VILLAGE OF TEQUESTA: 16800 Executive Plaza Dr Dearborn, MI 48126 Ford ProTM is excited to begin taking orders for the all -new 2023 model year (23MY) Super Duty° 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 Tr, and our exclusive suite of software and services that help maximize uptime, accelerate productivity and lower the cost of ownership. 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 on the waitlist for the 23MY. If Ford provides you allocation to fulfill an order, your dealer will inform you at that time. While every effort will be made to supply your projected allocation, please remember that orders in the dealer's order banks are no guarantee of future production. In addition, inflation and significant rises in raw material costs are impacting new vehicle pricing. We will not guarantee price protection on unbuilt 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 of the Ford brand. Sincerely, National Government Sales Manager Page 299 of 1094 Agenda Item #18. VILLAGE OF TEQUESTA AGREEMENT FOR THE PURCHASE OF A FORD F-250 XL SUPER DUTY CAB 4X4 FROM DUVAL FORD 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 municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and, a Florida [enter company/corporation type] with offices located at 5203 Waterside Dr, Jacksonville, FL 32210, hereinafter the "Seller" and collectively with the Village, the "Parties". WITNESSETH The Village and the Seller, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged 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, licensing and Village code requirements. The Parties agree to enter into this Agreement pursuant to the Proposal, which is hereby fully incorporated 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-VEH2O. Said cooperative purchasing agreement, including its terms, conditions, specifications, and attached exhibits/amendments, are hereby fully incorporated into this agreement. Seller hereby agrees and acknowledges that the Goods must fully conform 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-VEH2O. Failure of the Seller to adhere to any portion of this Agreement, or the FSA Cooperative Purchasing Agreement including but not limited to the quantity, quality, or materials of the Goods used shall constitute a fundamental breach under this Agreement. 2. COMPENSATION: In consideration 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 shall pay the Seller a total amount not to exceed fifty-two thousand four hundred and Page 1 of 8 Page 300 of 1094 Agenda Item #18. 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 manner and location acceptable to the Village the "Performance Date". 3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract and that prompt and timely performance of all such obligations is strictly required. If conditions change that would require an increase in price, scope, or time for performance Seller must notify the Village in writing detailing the conditions that have changed and requesting a change order to the contract within 30 days prior to the performance date "Change Order Deadline". Change orders submitted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations under a change order request unless documented in a written Change Order executed by both Parties. If Seller requests a change order prior to the change order deadline Village at its discretion may accept the change order as is or with modifications, deny the change order, re -advertise and re -solicit providers for the required goods or services or terminate this contract. If the Village elects to re -advertise and re -solicit the need for goods or services, 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 Village reserves the right at its discretion to change, modify, revise add, or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the cost of the Goods or causes a change in the time required for delivery of the Goods, the Village shall make an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terms 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 2023�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 damage, loss, or delay of the Goods until the Goods are delivered to or collected by the Village. Once the Goods have been delivered to or collected by the Village, the Village assumes all responsibility for and risk of damage to such Goods. Page 2 of 8 Page 301 of 1094 Agenda Item #18. 5. RIGHT TO INSPECTION: The Village shall have the right to inspect the Goods upon their 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 within the Goods. Notice of nonconformity may be made in accordance with Section 5 of this Agreement or through another method agreed upon by the Parties. Upon the Seller's receipt of a notice of nonconformity, the Seller shall have 30 days to cure said nonconformity. If the Seller fails to cure within said time, the Seller shall be considered in default and the Village shall have the right to terminate this Agreement, return of Village's consideration, and shall have the right to any other legal or equitable remedies available. 6. TERMINATION; NOTICE: This Agreement may be terminated 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 during regular business hours at the following addresses: Village Seller Village of Tequesta Jared Davis 345 Tequesta Drive 5203 Waterside Dr. Tequesta, FL 33469-0273 Jacksonville, FL 32210 Jared.davis@duvahnotor.com 7. INSURANCE: The Seller shall provide proof of insurance in connection with the shipment of the Goods in such amounts as deemed sufficient by the Village. The Seller shall also name the Village as an "additional insured" on the liability portion of the insurance policy. 8. INDEMNIFICATION: The Seller shall at all times indemnify, 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, arising out of error, omission, negligent act, conduct, or misconduct of the Seller, its agents, servants, or employees in the delivery of the Goods under this Agreement. Nothing 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 Statutes. 9. WARRANTIES AND REPRESENTATIONS: The Seller hereby warrants and represents to the Village that: Page 3 of 8 Page 302 of 1094 Agenda Item #18. (a) The Seller has the requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder; (b) The Seller is the true 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 (c) The Goods delivered pursuant to this Agreement are merchantable, free from defects, whether patent or latent in material or workmanship and fit for the ordinary purposes for which it is intended. (d) The Goods delivered pursuant to this Agreement will, under normal use, be free from defects in material and workmanship and function properly for a reasonable time. 10. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Seller certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 11. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts, and other transactions, and make reports and reconunendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 12. E-VERIFY ELIGIBILITY: The Seller warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Seller shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers, and (2) verify that all of the Seller's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. Page 4of8 Page 303 of 1094 Agenda Item #18. 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 term 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 minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement that requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Seller has knowingly violated Section 448.09(l), Florida Statutes, as may be amended. If the Seller has a good faith belief that the Seller's subconsultant has knowingly violated Section 448.09(l), Florida Statutes, as may be amended, the Village shall notify the Seller to terminate its contract with the sub -consultant and the Seller shall immediately terminate its contract with the sub -consultant. In the event of such contract termination, the Seller shall be liable for any additional costs incurred by the Village as a result of the termination. 13. SCRUTINIZED COMPANIES: For Contracts under $lM, the Seller certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 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), Florida Statutes, if the Seller has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Seller is engaged in a boycott of Israel. For Contracts over $1 M, the Seller certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in 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 in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. 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), Florida Statutes or if the Seller has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate 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 Statutes. 14. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. Page 5 of 8 Page 304 of 1094 Agenda Item #18. 15. FORCE MAJEURE: The Seller shall not be considered in default by reason of any failure in performance 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 negligence. Such causes include but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; 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 venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 17. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, 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 Section 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 time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Seller who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, 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 authorized 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 of the Agreement, 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 completion of the Agreement, the Seller shall meet all applicable requirements for retaining public records. Records that are stored electronically Page 6 of 8 Page 305 of 1094 Agenda Item #18. 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 SELLER HAS QUESTIONS REGARDING THE APPLICATION OF 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 lmewilliamsna,teguesta.oM, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 19. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting, or enforcing this Agreement. 20. SEVERABILITY: The invalidity 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 unnecessary 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 constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties, and attached hereto as an addendum 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 in this agreement. Page 7 of 8 Page 306 of 1094 Agenda Item #18. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 8of8 Page 307 of 1094 Agenda Item #18. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: DUVAL FORD F-A� CvkA nD Th�krrr C-M ATTEST: Lori McWilhanns, MMC Village Clerk red Davis rsi52 Wtede ` Dr, Jacksonville, Florida, FL 32210 (Corporate Seal) VILLAGE OF TEQUESTA By: Molly Young, Mayor (Seal) Page 9 of 8 Page 308 of 1094