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HomeMy Public PortalAbout2021-04 Capital Project approving the purchase of a Pierce Enforcer PUC Pumper Fire Truck and related equipmentORDINANCE NO. 2021-04 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING THE PURCHASE OF A PIERCE ENFORCER PUC PUMPER FIRE TRUCK AND RELATED EQUIPMENT FROM TEN -8 FIRE & SAFETY, LLC IN AN AMOUNT NOT TO EXCEED $750,000; AUTHORIZING THE ISSUANCE OF A FIRE EQUIPMENT REVENUE BOND OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $750,000, FOR THE PURPOSE OF FINANCING THE PURCHASE OF THE FIRE TRUCK; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF THE BOND; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH BANKS FOR PURCHASE OF THE BOND; DECLARING CERTAIN FIRE RESCUE EQUIPMENT AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 3.07(b) of the Village of Key Biscayne (the "Village") Charter, the Village Council desires to authorize the expenditure of Village funds for the purchase of a Pierce Enforcer PUC Pumper — 753 and related equipment (collectively, the "Fire Equipment") for the Village's Fire Rescue Depaitrnent (the "Department") for use as an advanced life support fire suppression emergency response unit; and WHEREAS, the Village's Fire Department solicited three quotes for the Fire Equipment and recommends that the Village Council approve the purchase of the Fire Equipment by utilizing the Florida Sheriff's Association's contract #FSA20-VEF14.02 Spec #8 (the "FSA Contract"), which is a competitively bid cooperative contract, as the pricing offered pursuant to the FSA Contract is in the Village's best interest; and WHEREAS, the Village Council finds that it is impractical, pursuant to Section 2-85 of the Village Code of Ordinances ("Code"), to apply the Village's competitive bidding procedures for the purchase of the Fire Equipment as the type of purchase contemplated by the Village has already been competitively bid by the Florida Sheriff's Association, which resulted in the FSA Contract; and WHEREAS, in accordance with Section 2-85 of the Village Code, the Village Council seeks to authorize the Village Manager to purchase the Fire Equipment from Ten -8 Fire & Safety, LLC (the "Vendor") consistent with the FSA Contract, the Vendor's Proposal attached hereto as Exhibit "A" (the "Proposal"), and the Staff Report accompanying this Ordinance; and WHEREAS, the Village Council desires to authorize the issuance of a bond in the aggregate principal amount not exceeding $750,000 for the purpose of financing the Fire Equipment and paying costs of issuance of the bond; and WHEREAS, the Village Council desires that the bond be secured by a covenant to budget and appropriate Non -Ad Valorem revenues of the Village, all as further specified by subsequent resolution of the Village Council; and WHEREAS, the Village Council declares the Fire Truck listed on Exhibit "B" attached hereto (the "Surplus Vehicle") as surplus property as it has become obsolete, has outlived its usefulness, has become inadequate for the public purpose for which it was intended, or is no longer needed for public purposes in light of the purchases authorized by this Ordinance, and hereby authorize the Village Manager to sell or otherwise dispose of the Surplus Vehicle; and WHEREAS, the Village Council finds that this Ordinance is in the best interest and welfare of the citizens of the Village. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of Purchase. That the Village Council hereby approves the purchase of the Fire Equipment in an amount not to exceed $750,000, consistent with the FSA 2 Contract, the Vendor's Proposal attached hereto as Exhibit "A", and the Staff Report accompanying this Ordinance pursuant to Section 3.07(b) of the Village Charter. Section 3. Authorization of Issuance of Revenue Bond and Supplemental Resolution. That in accordance with the provisions of the Village Charter and Chapter 166, Florida Statutes, there is hereby authorized to be issued a Fire Equipment Revenue Bond (the "Bond") of the Village, in an aggregate principal amount not to exceed $750,000, for the purpose of financing the costs of the Fire Equipment and paying costs of issuance of the Bond. The Bond shall be designated "Village of Key Biscayne, Florida Fire Equipment Revenue Bond, Series 2021", or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature no later than eleven (11) years from its date of issuance, and shall bear interest from its dated date at a rate not exceeding the maximum rate permitted by law at the time of issuance of the Bond, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution. The supplemental resolution may be adopted, and the Bond may be issued, at any time after the effective date of this Ordinance. Section 4. Authorization to Negotiate. That the Interim Village Manager or the Village Manager, as applicable, the Village Finance Director, the Village Attorney and Bond Counsel to the Village are each hereby authorized to negotiate with banks, investment banks or other financial institutions for the purchase of the Bond and with respect to the terms of the Bond. The Village Attorney and Bond Counsel to the Village are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Bond. Section 5. Declaration of Surplus Property. That the Surplus Vehicle has become obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was 3 intended, or is no longer needed for public purposes. Accordingly, the Village Council declares the Surplus Vehicle listed on Exhibit "B" attached hereto to be surplus personal property of the Village. Section 6. Authorizing Sale or Disposition of Surplus Property. That the Village Manager is hereby authorized to sell or dispose of the Surplus Vehicle by public auction or other procedure determined by the Village Manager to be in the best interests of the Village. Any surplus property items acquired by the Village pursuant to governmental grant programs shall only be disposed of in accordance with procedures and criteria applicable to such grant programs. Section 7. Implementation. That the Village Council hereby authorizes the Village Manager to execute any purchase order or required documentation for the purchases described in this Ordinance consistent with the FSA Contract, the Vendor's Proposal attached hereto as Exhibit "A", and the Staff Report accompanying this Ordinance, subject to approval by the Village Attorney as to form and legality, and to take any action which is reasonably necessary to implement the purpose of this Ordinance. Section 8. Effective Date. That this Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading on the 9th day of March , 2021. PASSED AND ADOPTED on second reading on the 30th day of March, 2021. 7 MICHAEL W. DAVEY VILLAGE MAYOR ATTEST: JO LYN B WOCH VILLAGE CLERK 4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY 5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/kla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - SECOND READING - ORDINANCE - MAR 30, 2021 in the XXXX Court, was published in said newspaper in the issues of 03(18/2021 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day {except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swor 18 to and subscribed before me th yAo! ARC , A.O. 2021 (SEAL) GUILLERMO GARCIA personally known to me le g•. CHRISTINA LYNN RAW Commission # GG 277771 • nn: v, Q Expires November 19, 2022 '•.S;, Bonded Thru Troy Fain Insurance 800-38$7019 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK SECOND READING NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, March 30, 2021 at 6:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING THE PURCHASE OF A PIERCE ENFORCER PUC PUMPER ARE TRUCK AND RELATED EQUIPMENT FROM TEN -8 FIRE & SAFETY, LLC IN AN AMOUNT NOT TO EXCEED $750,000; AUTHORIZING THE ISSUANCE OF A FIRE EQUIPMENT REVENUE BOND OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $750,000, FOR THE PURPOSE OF FINANCING THE PURCHASE OF THE FIRE TRUCK; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF THE BOND; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH BANKS FOR PURCHASE OF THE BOND; DECLARING CERTAIN FIRE RESCUE EQUIPMENT AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; AND PROVIDING AN EFFECTh"E DATE. The proposed ordinance may be inspected by the public at the Office of the Village Clerk. Any person wishing to address the Village Council on any item at this Public Hearing may call (305) 365-7569, Zoom Meeting ID: 231 627 8415 and be heard with respect to the proposed Ordinance. In accordance with the Americans With Disabilities Act of 1990, at persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted in writing via email to publiccomments@keybiscayne.fl.gov. 3/18 Jocelyn B. Koch Village Clerk 21-101/0000519001M VUI..UJI9l 1 CI IVallLye ifJ. r•►.70 f 1 V i-Li1JYr4+L C-UULU- I Lf SYLJV0.9Y1VJ AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI FOR PURCHASE OF A FIRE TRUCK THIS AGREEMENT FOR PURCHASE OF A FIRE TRUCK (this "Agreement") is made effective as of the day of , 2022 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation (the "Village"), and the CITY OF MIAMI, a Florida municipal corporation (the "City"). Collectively, the Village and the City are referred to as "Parties." WHEREAS, pursuant to Ordinance No. 2021-04, the Village Council declared a Fire Truck, as more particularly defined herein, as surplus property and authorized the Village Manager to sell or dispose of the Fire Truck by public auction or other procedure determined to be in the best interests of the Village; and WHEREAS, on October 12, 2021, the Village and the City entered into an agreement for Fire, Rescue, Automatic Aid and Ancillary Services (the "Ancillary Agreement"); and WHEREAS, Section VIII of the Ancillary Agreement provides that the City's Fire -Rescue Department has the right of first refusal purchase opportunity on all Village Fire Department vehicles that are to be sold by the Village; and WHEREAS, the City has offered to purchase the Fire Truck, and the Village desires to sell the Fire Truck to the City. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Village and the City agree as follows: 1. Purchase and Sale. The Village agrees to sell to the City, and the City agrees to purchase from the Village, upon the terms and conditions hereinafter set forth, a 2003 Pierce Pumper with the Vehicle Identification Number 4P 1 CT02S53A003422 Florida Certificate of Title No. 89207728 (the "Fire Truck"). 2. Purchase Price and Payment. The City shall pay the Village, as the total price for the Fire Truck, an amount equal to $57,000, exclusive of all Federal, State, or local taxes of any nature. 3. Delivery and Acceptance. a. The City must take possession and accept delivery of the Fire Truck at the Village Fire Department. Prior to taking possession, the City shall inspect the Fire Truck. b. If the Fire Truck passes the City's inspection, the City shall immediately tender to the Village the $57,000 funds via cashier's or certified check or a completed wire transfer of the funds. The purchase price is non-refundable. c. Upon acceptance of possession of the Fire Truck, the City shall pay all applicable sales tax, title transfer fees, and other charges required by law. d. The Village shall execute and provide a Bill of Sale, in the form attached hereto as VVI.UJIy11 CI IVCIUIU INJ. r 4,JD1 1 1 GMYLJMGU/1GJ Exhibit "A," and shall execute and submit a Notice of Sale to the Florida Department of Highway Safety and Motor Vehicles (the "Department"). e. The City shall apply to the Department for a Certificate of Title. 4. Representations and Warranties. THE FIRE TRUCK IS TO BE CONVEYED "AS IS," "WHERE IS," AND "WITH ALL FAULTS" AS OF THE DATE OF THE EXECUTION OF 1'HE BILL OF SALE, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. THE CITY IS ACQUIRING THE FIRE TRUCK BASED SOLELY UPON THE CITY'S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THAT PROPERTY AND NOT IN RELIANCE ON ANY INFORMATION PROVIDED BY THE VILLAGE OR THE VILLAGE'S AGENTS OR CONTRACTORS. 5. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed below or such other address as the party may have designated by proper notice. For the Village: Steven Williamson Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Chad Friedman Village Attorney Weiss Serota Helfman Cole & Bierman, P.L. 2800 Ponce de Leon Blvd. Suite 1200 Coral Gables, FL 33134 For the City: Arthur Noriega City Manager 444 SW 2"d Avenue, 10th Floor Miami, FL 33128-1910 With a copy to: Annie Perez, CPPO Director of Procurement 444 SW 2"d Avenue, 6th Floor Miami FL, 33128-1910 Victoria Mendez City Attorney 444 SW 2"d Avenue, 9th Floor Miami FL, 33128-1910 6. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami -Dade County, Florida. 2 V VVVJII�II CIIVCIu .)e IV. 1-4,31:11 ILI-LM:/Y-fYkJG-dVLo- IGt +L.)t09MGJ 7. Entire Aereement. This Agreement and the Exhibits attached hereto embody the entire agreement between the parties in connection with this transaction and there are no oral or parol agreements, representations or inducements existing between the parties relating to this transaction which are not expressly set forth herein and covered hereby; this Agreement may not be modified except by a written agreement signed by all of the Parties. 8. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 9. Compliance with Laws. The City shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 10. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 11. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 12. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 13. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall control. 14. Time is of the Essence. The parties agree that time is of the essence in this transaction. 3 idu u. Iyi 1 LE IYcWide IV. rYJD/ r ,r O. J'F-. 4l...C-yVLO- 1 LH4LJYP.7MVJ I IN WITNESS WHEREOF, the Village has caused this Agreement for Bill of Sale to be executed this day of , 2022. VILLAGE OF KEY BISCAYNE, a Florida municipal corporation Attest: By: KaJ Jocelyn Koch Village Clerk Approved as to form and correctness: By: 1 UO USrdfed W An1 a.. . r. c Weiss Scrota llelfman Cole & Bierman, P.L. Village Attorney By: u«uSormd toy. t " t t"" MA^Sal, ate.. Steve C. Williamson Village Manager Pursuant to Ordinance No. 2021-04 ti•► . r • l ' i/ 4 EAL)