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HomeMy WebLinkAbout104-14 RESOLUTIONRESOLUTION NO. 104-14 A RESOLUTION TO AWARD BID #14-25 TO LEWIS FORD SALES, INC. OF FAYETTEVILLE, ARKANSAS FOR THE PURCHASE OF A FORD F150 PICKUP TRUCK WITH MAXON LIFT GATE IN THE AMOUNT OF $25,652.40 FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #14-25 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas and approves the purchase of a Ford F150 pickup truck with Maxon Lift Gate in the amount of $25,652.40 for use by the Recycling and Trash Collection Division. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 3rd day of June, 2014. ATTEST: By: SONDRA E. SMITH, City C1erk/Treas;„,,,�� ��G- K/ 7', � FAY•E!T •r -z. EV�C�E; City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year 2014 Division: Fleet Operations Dept.: Transportation Services Requestor: Barbara Olsen Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: To replace an F250 ext cab pickup, SWST_F014, unit 2081. New unit will be #2184. Sufficient funds remain to meet City objectives. RESOLUTION/ORDINANCE COUNCIL DATE: LEGISTAR FILE ID#: 6/3/2014 2014-0224 Ke.v% iSprin er 5/14/2014 12:30 PM Budget Director Date TYPE: DESCRIPTION: GLDATE: POSTED: TOTAL 26,000 26,000 Increase / (Decrease) Account Number Expense Revenue Project.Sub# Project Sub AT Account Name v.20140428 9700.1920.5802.00 26,000 - 02078 2014 EX Vehicles And Equipment 9700.0970.4999.99 26,000 RE Use of Fund Balance K:\01_Financial Services\Agenda Requests\Transportation Services Department\Fleet Division\14-xx Ford F150 with Maxon Lift Gate\2014-0224 BA 1 of 1 es ' Jesse Beeks / Barbara Olsen Submitted By City of Fayetteville Item Review Form 2014-0224 Legistar File Number June 3, 2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Transportation Services Department A resolution awarding Bid 14-25 to Lewis Ford of Fayetteville for the purchase of one Ford F150 with Maxon Lift Gate in the amount of $25,652.40 for use by Recycling and Trash Collection Division. Does this item have a cost? $25,653.00 1 Cost of this request 9700.1920.5802.00 Account Number 02078.2014 Project Number Budgeted Item? $800,500.00 Category or Project Budget $428,722.00 Funds Used to Date $346,125.00 Remaining Balance Budget Adjustment Attached? Light / Medium Utility Vehicles Program or Project Name Vehicles and Equipment Program or Project Category Shop Fund Fund Name Previous Ordinance or Resolution # Original Contract Number: 40.&A °L. - rj-15-2dt•r V20130812 CITY OF CITY COUNCIL AGENDA MEMO MEETING OF JUNE 3, 2014 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation '/a " FROM: Jesse Beeks, Fleet Operations Superintendent DATE: May 14, 2014 SUBJECT: Purchase of one F150 with Maxon Lift Gate RECOMMENDATION: That City Council approve the purchase of one Ford F150 Pickup with Maxon Lift Gate from Lewis Ford of Fayetteville in the amount of $25,653 for use by Recycling and Trash Collection. BACKGROUND: Unit 2081 is a 2005 Ford F250 4x4 extended cab pickup that was scheduled for replacement in 2015, however, it needs to be replaced now. Bid 14-25 was opened on April 17, 2014; a copy of the bid tab is attached. DISCUSSION: The low bidder is from out of state. According to Arkansas law, we are not allowed to purchase a vehicle whose primary purpose is transporting people - from a dealer who is not licensed in Arkansas. (See letter attached.) Lewis Ford of Fayetteville is the second low bidder and they meet all specs. The price difference is $219. The replacement truck has been down sized from a % ton to a %2 ton truck. Fleet recommends the purchase of one Ford F150 with Maxon Lift Gate from Lewis Ford of Fayetteville in the amount of $25,653 for use by Recycling and Trash Collection. BUDGET/STAFF IMPACT: Sufficient replacement funds have been collected to replace this unit. As it was budgeted to replace in 2015, a Budget Adjustment is needed to move the funds to the 2014 Fleet expense account. Attachments: Bid Tab, Bid 14-25 Letter from Office of City Attorney Purchase Requisition Budget Adjustment Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevi I le-argov RESOLUTION NO. A RESOLUTION TO AWARD BID #14-25 TO LEWIS FORD SALES, INC. OF FAYETTEVILLE, ARKANSAS FOR THE PURCHASE OF A FORD F150 PICKUP TRUCK WITH MAXON LIFT GATE IN THE AMOUNT OF $25,652.40 FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #14-25 to Lewis Ford Sales, Inc. of Fayetteville, Arkansas and approves the purchase of a Ford F150 pickup truck with Maxon Lift Gate in the amount of $25,652.40 for use by the Recycling and Trash Collection Division. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 3rd day of June, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Andrea Foren, Purchasing Agent FROM: Blake Pennington, Assistant City Attorne DATE: April 28, 2014 RE: Bids by Out -of -State Car Dealers Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal You asked me to research the law regarding bids on vehicle RFPs by dealers not located in Arkansas and advise whether we can accept a bid by a dealer located in Republic, Missouri. You also asked me about how Arkansas law defines a "vehicle" for purposes of this situation. First, the sale of motor vehicles is governed by the Arkansas Motor Vehicle Commission Act (the "Act") codified at A.C.A. § 23-112-101, et seq. The Act defines a motor vehicle as "a self-propelled vehicle having two (2) or more wheels that has as its primary purpose the transportation of a person, including without limitation all -terrain vehicles, automobiles, trucks, motorcycles, motor -driven cycles, motor scooters, and low speed vehicles." A.C.A. § 23-112-103. Therefore, any car, truck or other vehicle that is used primarily for transporting people is governed by the Act. Vehicles used primarily for another purpose (e.g. trash, dump, and fire trucks) are not governed by this Act and we would simply need to follow standard purchasing laws. You have to look at the intended purpose for the vehicle that is being purchased to determine out whether the Act controls or not. That intended purpose of the vehicle should be clearly stated in the bid forms for the benefit of both the City and potential bidders. Page Two If the Act controls the purchase, then the limitations for sales to the State of Arkansas explained in Attorney General Opinion 2009-057 also apply to purchases by the City of Fayetteville. The motor vehicle dealer must be licensed by the Arkansas Motor Vehicle Commission in order to sell motor vehicles in Arkansas. A.C.A. § 23-112-301 makes it illegal for any unlicensed dealer (whether located in Arkansas or another state) to sell motor vehicles in Arkansas. Therefore, accepting a bid from an unlicensed motor vehicle dealer and entering into a contract for the purchase of a motor vehicle would be illegal. In accordance with the Attorney General's opinion and the foregoing statutes, it is my opinion that the City must refuse bids from and refuse to award contracts for the sale of motor vehicles to any unlicensed motor vehicle dealer, regardless of the state of residency. The Arkansas Motor Vehicle Commission provides an online search tool at its website (http:/ /amvc.arkansas.gov) to confirm whether a bidder is licensed by the State of Arkansas to sell motor vehicles. CITY OF a e leville ARKANSAS BID 14-25, Extended Cab 4x4 Truck Bid: 14-25 4/17/2014 2:00 PM City of Fayetteville BIDDER Manufacturer Model Qty Price Each Total Bid Lewis Ford Sales Inc Ford F150 with Maxon Lift Gate 1 $ 25,652.40 $ 25,652.40 Republic Ford Inc Ford F150 1 $ 25,433.00 $ 25,433.00 Terex Ford F150 with Tommy Gate 1 $ 29,112.00 $ 29,112.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P9-a9v-tit P. Vice, Purchasing Manager ones Date City Of Fayetteville - Purchase Order (PO) Request (Not a Purchase Order) All purchases under $2500 shall be used on a P -Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail: Purchasing@ci.fayetteville.ar.us -Requisition No.: Date: 5/8/2014 .0 Number: Expected Delivery Date: Vendor #: 7040 Vendor Name: LEWIS FORD Mail Yes:_ No: X Address: Fob Point: Taxable Yes: No: X Quotes Attached Yes: No: City: State: Zip Code: Ship to code: 50 D ison Hee rov I: _x_ Requester: BARBARA OLSEN Requester's Employee #: 1940 E sion: 3485 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory # Fixed Asset # 1 2 3 4 5 6 7 8 9 10 "FORD F150 WITH MAXON LIFT GATE, PER 1 ' EA 25,652.40' $25,652.40 9700:1920.5802.00 02078.2014 702184 BID SPECS, BID 14-25, TO BE UNIT 2184. $0.00 FIXED ASSET 702184 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Subtotal: $25,652.40 Total: $25,652.40 Approvals: Mayor: Finance Dispatch Department Director: Budget Manager: Utilities Manager: Purchasing Manager: & Internal Services Director: IT Manager: Manager: Other: Revised 1/2/2008