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HomeMy Public PortalAbout22-037 - Emergency Agreement with Lehman Leasing for two used vans for ParksSponsored by: Interim City Manager RESOLUTION NO. 22-037 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN EMERGENCY AGREEMENT WITH WILLIAM LEHMAN LEASING CORP. TO PURCHASE TWO (2) USED VANS FOR THE PARKS AND RECREATION DEPARTMENT, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, vans belonging to the City of Opa-Locka's Parks and Recreation Department are beyond economical repairs, are unreliable and require the City of Opa- Locka ("City") to spend an excessive amount for repairs on a regular basis. The City desires to immediately purchase vans for the department to safely transport youth for parks programs; and WHEREAS, the City has investigated the possibilities of both leasing and purchasing new vans, but delivery schedules indicate that it would be many months before vehicles would be received by City; and WHEREAS, Ordinance 2020-07 generally requires competitive procurement for purchases in excess of Twenty -Five Thousand Dollars ($25,000.00); and WHEREAS, competitive bidding is projected to require up to a month and a half from the time a Request for Proposals (RFP) is issued until the recommended winning bidder is presented to the Commission, however, the need for vans is immediate; and WHEREAS, due to the urgency to obtain reliable, cost-effective vans to transport City youth to Parks and Recreation programs as soon as possible, the Interim City Manager is recommending that the requirement for competitive bidding be waived based on the emergency nature of the needed purchase; and WHEREAS, the Interim City Manager recommends that the City Commission authorize the immediate execution of an agreement with William Lehman Leasing Corp for two (2) 15 -passenger vans, in an amount not to exceed One Hundred Five Thousand Dollars ($105,000.00); and 2 WHEREAS, the City Commission finds it in the best interest of the City and its residents to enter into an emergency agreement, attached hereto as Exhibit "A", with William Lehman Leasing Corp. for two (2) 15 -passenger vans, for an amount not to exceed One Hundred Five Thousand Dollars ($105,000.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes the Interim City Manager to enter into an emergency agreement, attached hereto as Exhibit "A", with William Lehman Leasing Corp. for two (2)15 -passenger vans for an amount not to exceed One Hundred Five Thousand Dollars ($105,000.00). Section 3. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, following review by the City Attorney, and without need of public hearing, by filing a corrected copy of same with the City. SECTION 4. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 5th day of October, 2022. A TEST: a Flores, City Clerk Veronica J. Williams, Mayor 2 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: K,J 2 Burnadette Norri eek, P.A. Moved by: Vice Mayor Taylor Seconded by: Commissioner Bass VOTE: 5-0 Commissioner Bass YES Commissioner Davis YES Commissioner Dominguez YES Vice -Mayor Taylor YES Mayor Williams YES 3 City of Opa-locka Agenda Cover Memo Department Director: Department Director Signature: City Manager: Darvin Williams CM Signature: v Commission Meeting Date: 09.28.2022 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact Section Advertising Requirement: (Enter X in box) Yes No NA NA Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & City Communication Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X IN Dev M mi Image MI Sponsor Name City Manager Department: City Manager Short Title: A resolution authorizing the City Manager to purchase two (2) used vans from William Lehman Leasing Corp for the Parks & Recreation Department in an amount not to exceed $105,000. Staff Summary: The City of Opa-locka Parks & Recreation vans are beyond economical repairs, are unreliable and require the City to spend an excessive amount for repairs on a regular basis. It is imperative that that the City purchase vans for the department to transport youth for the Parks programs. The City has investigated both leasing and purchasing new vans, but delivery schedules indicate it would be many months before vehicles could be received. This is deemed to be unacceptable due to the unreliability of the City's current vans. Under the City Procurement Code, procurement in excess of $25,000 normally requires competitive bidding. Competitive bidding normally requires up to a month and a half from the time an RFP is issued until the recommended winning bidder is presented to the Commission for approval. This is unrealistic when the City is seeking used vans that may on a dealer lot for only a few days. Several potential vans have been identified previously but were gone in days. This inventory volatility prevents a dealer from being able to respond to a request for bids that won't be finalized for weeks. Section 2-317 (4) of the City Code of Ordinances discusses exemptions from competitive bidding requirements. Section 2-317 (4) o. states "The foregoing enumeration of services deemed to be exempt from the competitive procurement requirements is not intended to be an exhaustive or exclusive list. The City Manager or his designee may determine if a contractual service must be procured through the competitive procurement process, if not expressly indicated above." Due to the urgency to obtain reliable, cost-effective vans to transport City youth to Parks & Recreation programs as soon as possible and the circumstances which preclude a formal extensive competitive bidding process, it is recommended that the requirement for competitive bidding be waived in this instance. Financial Impact Acquisition of these vans will be charged to the Parks & Recreation Vehicle Purchase Account 72-572648 which has been budgeted for $136,600.00 in the FY 22 Annual Budget. Proposed Action: Staff recommends the City Commission authorize the Interim City Manager to enter into an agreement with William Lehman Leasing Corp for two 15 -passenger vans for an amount not to exceed $105,000. Staff further recommends the City Commission approve the waiving of the requirement for formal competitive bidding in this procurement due to the unique circumstances involved. Attachment: Vehicle Buyer's Order VEHICLE BUYER'S ORDER Buyer Name and Address Co -Buyer Name and Address Seller Name and Address CITY OF CPA LOCKA -; 780 FISHERMAN ST OPA LOCKA, FL 33054 County: MIAMI-DADE Email: N/A Phone: N/A Cell: N/A N/A N/A N/A County: N/A Email: N/A Phone: N/A Cell: N/A WILLIAM LEHMAN LEASING CORP 20950 NW 2nd Ave Miami, FL 33169 Salesperson: WINSTON ROBERTSON Agreement to Purchase. Buyer and Co -Buyer agree to buy the vehicle described below ("Vehicle ') from Seller for the amount and on the terms in this Vehicle Buyer's Order ("Agreement"). "Buyer" and "you" refer to the above Buyer and Co -Buyer, separately and together. "Dealer;" "we," "us," and "our' refer to the above Seller. In this Agreement. (e) means an estimate. Vehicle Description Year: Make: Model: Mileage: Vehicle Identification Number: 2017 FORD PASS VAN 90254 1FBZX2ZMOHKA14683 New/Used/Demo/Executive: Color: Body: Stock Number: USED SILVER PASS VAN 77931 Insurance Information. Insurance Company You have arranged the following insurance on the Vehicle: Policy Number Additional Sales Terms If the Vehicle is used, and are not able Vehicle's history. The Vehicle has as a (check all that unless indicated below, we do not know to make any representations about previously been titled, registered or used the or ❑ THIS Buyer X Co -Buyer VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER. X apply) ■ taxicab In police vehicle You represent that you have thoroughly inspected the Vehicle. You approve and accept it. You had an opportunity to have the Vehicle inspected on Seller's premises (but not its service department) by a third party of your choice and at your expense. You are purchasing the Vehicle based on your inspection.You are not relying on any opinion, statement, or promise of the Seller or its employees that is not contained in the written agreements you are signing today. • short-term lease vehicle. as (check all that The Vehicle is titled assembled from parts apply) ■ rebuilt • kit car ■ glider kit ■ replica ■ flood vehicle ■ nonconforming vehicle (manufacturer buy back) ❑ custom vehicle ■ street rod vehicle. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guia pars compradores de vehiculos usados. La informacion que ve en el formulario de la ventanilla para este vehiculo forma parte del presente contrato. La informacion del formulario de la ventanilla deja sin efecto toda disposicion en contrarlo contenida en el contrato de venta. Unless the Seller makes a written warranty, or Agreement, this Vehicle is sold "AS IS" and "WITH on the Vehicle, and there will be no implied warranties This provision does not affect any warranties covering the Vehicle We have provided to you written warranty information if Used Car Buyers Guide if the Vehicle is used. By initialing Buyer's Initials Co -Buyer's Initials enters into a service contract within 90 days from the date of this ALL FAULTS."The Seller makes no warranties, express or implied, of merchantability or of fitness for a particular purpose. that the Vehicle Manufacturer may provide. any applies to the sale of the Vehicle. This includes any warranty indicated on the below, you acknowledge that you received the warranty information. As a condition of the Vehicle sale, we agree to perform the following services You agree to schedule services by calling (305) 654-6300 within 30 days of this Agreement. Trade-in Vehicle 1 Trade-in Vehicle 2 N/A N/A N/A' Year Make Model Year VIN N/A N/A N/A N/A Make Model VIN NIA Mileage Mileage Trade-in Allowance $ Lienholder N/A N/A Trade-in Lienholder Payoff Lienholder Payoff Allowance $ N/A N/A N/A •N/A Payoff Amount Good Thru' NIA N/A Amount Good Thru: Lienholder Payoff Amount Good Thru' Amount Good Thru. You assign to us all of your rights, title and interest in each Trade -In Vehicle. as a police vehicle, taxicab, or under a short-term lease. To the best of your been in any accident with damages exceeding $500. Buyer Initials You represent that each Trade -In Vehicle was not previously used knowledge, each vehicle you are trading in ❑ has © has not Co -Buyer Initials N/A ��jl/'FORM NO. FADA-BOVIARBI9 e (Rev. 10/19) 52019 The Reynolds and Reynoldstompany Buyer Initials Co -Buyer Page I of 5 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL SELLER'S RIGHT TO CANCEL. If Buyer and Co -buyer sign here, Itemization of Sale 44,900.00 the Seller's Right to Cancel section on page 3 applies. It gives us Vehicle Purchase Price the right to cancel if we are unable to assign the Retail Predelivery Service Fees Installment Sale Contract within 30 days of the Predelivery Service Charge** 999.50 date and we sign it. If you fail to return the Vehicle within 48 Electronic Registration Filing Fee** 399.99 you hours the cancellation, to 3rd Party Tag Agcy** 25.00 after receipt of notice of you agree pay us a charge of $ 65.00 day from the date of Additional Items per cancellation until the Vehicle is returned or repossessed. X Buyer Signs X Co -Buyer Signs Trade -In Vehicle Payoff Agreement. We relied on information from you and/or the lienholder or lessor of each Trade -1n Vehicle to arrive at the page 1 trade-in payoff amount(s). You understand that each amount quoted is an estimate. We agree to pay the page 1 payoff amount(s) to each Trade -In Vehicle lienholder, lessor, or its designee. If the actual payoff amount is more than the page 1 amount, you must pay us the additional amount on demand. If the actual payoff amount is less than the page 1 amount, we will refund to you any overpayment we receive from the lienholder, lessor, or its designee. Taxes Sales Tax N/A County Tax N/A Other Tax (Describe) If you finance the Vehicle's purchase, you may do so through us or any finance source you choose. Another finance source could provide you terms more favorable than we do. If you purchase credit insurance, GAP or other third party product, we may receive a portion of the charges or other compensation from the product's provider. Official Fees Title, Registration and/or License Fees ($2.00 Included)*** 400.00 Lemon Law Fee (New Cars Only) ($2.00 Included)*** Lead -acid Battery Fee N/A New Tire Fee N/A Total Cash Price 46,724.49 Trade-in Allowance N/A Trade -In Payoff Balance N/A Net Trade-in (if negative, enter $0 here and enter amount on Trade-in Balance Owing line.) 0.00 Cash Down Payment N/A Deferred Down Payment N/A Rebate (Describe) _. ____ N/A Other Down Payment (Describe) N/A N/A Total Down Payment N/A Trade-in Balance Owing (See Net Trade-in) N/A Balance Due on Delivery 46,724.49 *These charges represent costs and profit to the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing documents related to the sale. Predelivery service fees are paid to the dealer (not a governmental fee). Charging predelivery service fees do not add or change any warranties provided on the Vehicle. LLAWa2019 ORMThe Reynolds end FACIA -ComRpa yol19) Buyer Initials Co -Buyer Page 2 of 5 THERE ARE NO WARRANTIES. EXPRESS OR IMPLIED. AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL. VEHICLE BUYER'S ORDER : 08/30/22 Buyer Name and Address Co -Buyer Name and Address Seller Name and Address CITY OF OPA LOCKA 780 FISHERMAN. ST OPA LOCKA, FL 33054 County: MIAMI-DADE Email: N/A Phone: N/A Cell: N/A N/A N/A N/A County: N/A Email: N/A Phone: N/A Cell: N/A WILLIAM LEHMAN LEASING CORP • .. 20950 NW 2nd Ave Miami, FL 33169 Salesperson: WINSTON ROBERTSON Agreement to Purchase. Buyer and Co -Buyer agree to buy the vehicle described below ("Vehicle') from Seller for the amount and on the terms m this Vehicle Buyer's Order ("Agreement"). "Buyer" and "you" refer to the above Buyer and Co -Buyer, separately and together. "Dealer,"we," "us," and "our" Vehicle Description Year: Make: Model: Mileage: Vehicle Identification Number: 2019 FORD PASS VAN 82927 1FBZX2ZM5KKA60405 New/Used/Demo/Executive: Color: Body: Stock Number: USED WHITE PASS VAN 9680S Insurance Information. Insurance Company You have arranged the following insurance on the Vehicle: Policy Number Additional Sales Terms If the Vehicle is used, and are not able Vehicle's history. The Vehicle has as a (check all that ❑ short-term lease The Vehicle is titled assembled from parts unless indicated below, we do not know to make any representations about previously been titled, registered or used the or buy THIS Buyer X Co -Buyer .. VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER, X apply) ■ taxicab ■ police vehicle You represent that you have thoroughly inspected the Vehicle. You approve and accept it. You had an opportunity to have the Vehicle inspected on Seller's premises (but not its service department) by a third party of your choice and at your expense. You are purchasing the Vehicle based on your inspection.You are not relying on any opinion, statement, or promise of the Seller or its employees that is not contained in the written agreements you are signing today. vehicle. as (check all that apply) ■ rebuilt glider replica ■ kit ❑ kit ■ • car fkit flood vehicleor • vehicle ❑g (manufacturer ( back) ■ custom vehicle ■ street rod vehicle. Used Car Buyers Guide. The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale. Spanish Translation: Guia pars compradores de vehliculos usados. La information que ve en el formulario de la ventanilla para este vehiculo forma parte del presente contrato. La information del formulario de la ventanilla deja sin efecto toda dlsposicion en contrario contenida en el contrato de yenta. Unless the Seller makes a written warranty, or Agreement, this Vehicle is sold "AS IS" and "WITH on the Vehicle, and there will be no implied warranties This provision does not affect any warranties covering the Vehicle We have provided to you written warranty information if Used Car Buyers Guide if the Vehicle is used. By initialing Buyer's Initials Co -Buyer's Initials enters into a service contract within 90 days from the date of this ALL FAULTS."The Seller makes no warranties, express or implied, of merchantability or of fitness for a particular purpose. that the Vehicle Manufacturer may provide. any applies to the sale of the Vehicle. This includes any warranty indicated on the below, you acknowledge that you received the warranty information. As a condition of the Vehicle sale, we agree to perform the following services You agree to schedule services by calling (305) 654-6300 within 30 days of this Agreement. Trade-in Vehicle 1 Trade-in Vehicle 2 Year N/A Make N/A Model N/A Year VIN N/A Make N/A Model N/A VIN N/A Mileage N/A Mileage Trade-in Allowance $ Lienholder N/A NIA Trade-in Lienholder Payoff Lienholder Payoff Allowance $ N/A N/A N/A NIA Payoff Amount Good Thru: N/A N/A Amount Good Thru: Lienholder Payoff Amount Good Thru• Amount Good Thru: You assign to us all of your rights, title and interest in each Trade -In Vehicle.You as a police vehicle, taxicab, or under a short-term lease. To the best of your been in any accident with damages exceeding $500. Buyer Initials represent that each Trade -In Vehicle was not previously used knowledge, each vehicle you are trading in ❑ has x has not Co -Buyer Initials N/A KAM/'FORM NO. FADA-BOVIARB19 e (Rev. 10/19) 0 2019 The Reynolds and Reynolds —Company Buyer Initials Co -Buyer Page 1 of 5 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL SELLER'S RIGHT TO CANCEL. If Buyer and Co -buyer sign here, Itemization of Sale 54,900.00 the Seller's Right to Cancel section on page 3 applies. It gives us Vehicle Purchase Price the right to cancel if we are unable to assign the Retail Predelivery Service Fees Installment Sale Contract within 30 days of the Predelivery Service Charge** 999.50 date it. If fail to return the Vehicle within 48 Electronic Registration Filing Fee** 399.99 you and we sign you to 3rd Party Tag Agcy** 25.00 hours after receipt of the notice of cancellation, you agree pay us a charge of $ 65.00 ` per day from the date of Additional Items cancellation until the Vehicle is returned or repossessed. X Buyer Signs X Co -Buyer Signs Trade -In Vehicle Payoff Agreement. We relied on information from you and/or the lienholder or lessor of each Trade -In Vehicle to arrive at the page 1 trade-in payoff amount(s). You understand that each amount quoted is an estimate. We agree to pay the page 1 payoff amount(s) to each Trade -In Vehicle lienholder, lessor, or its designee. If the actual payoff amount is more than the page 1 amount, you must pay us the additional amount on demand. If the actual payoff amount is less than the page 1 amount, we will refund to you any overpayment we receive from the lienholder, lessor, or its designee. Taxes Sales Tax N/A County Tax N/A Other Tax (Describe) If you finance the Vehicle's purchase, you may do so through us or any finance source you choose. Another finance source could provide you terms more favorable than we do. If you purchase credit insurance, GAP or other third party product, we may receive a portion of the charges or other compensation from the product's provider. Official Fees Title, Registration and/or License Fees ($2.00 Included) *** 400.00 Lemon Law Fee (New Cars Only) ($2.00 Included) Lead -acid Battery Fee N/A New Tire Fee N/A Total Cash Price 56,724.49 Trade-in Allowance N/A Trade-in Payoff Balance N/A Net Trade-in (If negative, enter $0 here and enter amount on Trade-in Balance Owing line.) 0.00 Cash Down Payment N/A Deferred Down Payment N/A Rebate (Describe) N/A Other Down Payment (Describe) N/A N/A Total Down Payment N/A Trade-in Balance Owing (See Net Trade-in) N/A Balance Due on Delivery 56,724.49 **These charges represent costs and profit to the dealer for items such as inspecting, cleaning, and adjusting vehicles, and preparing documents related to the sale. Predelivery service fees are paid to the dealer (not a governmental fee). Charging predelivery service fees do not add or change any warranties provided on the Vehicle. &Vy'©ORM NO. FADAsBOV RARB19Za (Rneay. 10/19) Buyer Initials Co -Buyer THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT OR Page 2 of 5 FRNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL.