HomeMy WebLinkAboutVI (B) Resolution No 95-26, relating to the purchase of 75' elevated 1500 GPM Fire Apparatus for Station #4 Clarke Road I
AGENDA 11-21-95
tF Item VI B
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dcaee & e Zee entsce#ct
1125 N. Bluford Avenue — Ocoee, Florida 34761
RN STROSNIDER EMERGENCY 656-1313
Fire Chief BUSINESS 656-7796
DATE: November 14, 1995
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: Ron Strosnider, Fire Chief
SUB: PURCHASE OF 75' ELEVATED 1500 GPM FIRE APPARATUS FOR
STATION FOUR (4) AREA (CLARKE ROAD)
RESOLUTION 95-26
The Fire Department requested authorization to purchase a 75 '
elevated 1500 GPM fire apparatus for Station #4 from impact fees .
This purchase was scheduled for Fiscal year 96 in the five (5) year
plan which would enable us to place the apparatus in-service prior
to the opening of the West Oaks Mall .
The purchase of this apparatus will have various affects on the
department and the City of Ocoee as a whole. First , and most
importantly , it will enable us to reach up and over the roofs of
the West Oaks Mall and the majority of the buildings within the
City. Second, it will operate as a first run truck on an every day
basis from Station four ( 4) . Third, it will bring our ISO rating
from a class five ( 5) to a class four ( 4) .
While researching material and information on the style of
apparatus which would fit our needs , we located a recently built
75 ' Elevated 1500 GPM apparatus that had been bid by the City of
Cocoa. This bid permitted reuse thus saving the cost and time of
going out for bid. We would also avoid the 3% to 4% cost increase
that will be effective at the beginning of 1996. The cost less
accessories is $355,195 .00 in advance.
The City of Cocoa purchased a 75 ' Pierce from Ten-8 Fire Equipment ,
Inc . The apparatus incorporates the items that we were working on
in our specification package. Engineer Reed and I visited the City
of Cocoa Fire Department . The visit to Cocoa afforded us an
opportunity to operate this vehicle. We were greatly impressed
with its operation and how well it fit into our expectations .
Their bid package is available in the City Clerk ' s office for
review.
However, the bid does not include the hose, nozzles , air packs , and
other accessories that are necessary. These items will be bid
separately, and that listing and purchase request will appear later
this fiscal year .
Until such time as Station four (4) is complete we would house this
apparatus at Station one (1) .
pK
Honorable Mayor 2 November 14, 1995
Board of City Commissioners
The Capital Improvements showed $78 , 000 a year in lease/purchase
costs . This , however, is without the interest . For four (4) years
at an effective annual rate of 5 . 875%, the quarterly payments in
advance are $24, 654 . 51 for four ( 4) years . Staff recommends the
purchase of the 75 ' Heavy Duty Aerial Ladder equipped with waterway
and 1500 GPM pump on a Pierce apparatus as per specifications ,
Cocoa ' s Bid #95-07 and financing through Riverside National Bank at
5 . 875% effective annual rate with quarterly payments of $24, 654 . 51
for four ( 4) years with the adoption of Resolution 95-26 (all back-
up documents are available in the City Clerk' s office) and approval
for the Mayor and City Clerk to execute the necessary standard
documents .
ATTACHMENTS: Picture
Letter from City of Cocoa
Amortization Schedule
Resolution 95-26
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CITY ' , _ : • • FLORIDA
,,,Adii,,p.,
Cocoa, Florida
PURCHASING DEPARTMENT
Serving the Community 155 North Wilson Avenue Cocoa,Florida 32922
PHONE(407)639-7543 FAX(407)639-7540
MEMORANDUM
TO: Chief Strosnider
FROM: Hank Rowan, Purchasing Manager1
4 v
DATE: November 9, 1995
SUBJECT: Bid#95-07
Please be advised that the City of Cocoa agrees to extend to the City of Ocoee the contract terms
of bid#95-07, for the purchase of a 75 Ft. Ladder Truck, from Ten-8 Fire Equipment, Inc.
This memorandum will serve as an agreement for joint purchasing between two agencies as
outlined in section 22, as part of bid #95-07.
If you have questions concerning this matter please do not hesitate to contact me.
HR/rem
Attachment
19. SAFETY WARRANTY: The selling dealer, distributor, supplier and manufacturer shall be
responsible for having complied with all Federal, State and local standards, regulations and laws
concerning the equipment specified and the use thereof, applicable and effective on the date of
manufacture including safety and environmental standards as apply to both private industry and
governmental agencies.
20. WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and/or services
furnished under this bid/proposal shall be covered by the most favorable commercial warranty the
bidder gives to any customer for comparable quantities of such supplies and/or services and that
the rights and remedies provided herein are in addition to and do not limit any rights afforded to
the City of Cocoa by any other provision of this bid/proposal.
21. AWARDS: As the best interest of the City of Cocoa may require, the right is reserved to make
award(s) by individual item, group of items, all or none, or a city wide basis with one or more
suppliers;to reject any and all bids or waive any minor irregularity or technicality in bids received.
Bidders are cautioned to make no assumptions unless their bid has been evaluated as being
responsive. All awards made as a result of this bid shall conform to applicable ordinances of the
City of Cocoa.
22. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This bid/proposal may
be expanded to include other governmental agencies provided a cooperative Purchasing
Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Cocoa
and the other public agency. Each political entity will be responsible for execution of its own
requirements with the awarded vendor.
23. PUBUC ENTITY CRIMES: Any person submitting a bid/proposal in response to this invitation
should execute the enclosed form SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBUC ENTITY CRIMES, including proper check(s) in the space(s)
provided, and enclose it with the bid/proposal.
24. DRUG FREE WORKPLACE: Whenever two or more bids/proposals which are equal with respect
to price,quality,and service are received by the City of cocoa for the procurement of commodities
or contractual services, a bid/proposal received from a business that has implemented a drugfree
• workplace program (per Florida Statutes Section 287.087) shall be given preference in the award
process.
25. UCENSE/CERTIFICATIONS: The successful vendor will be required to have the proper
occupational license and/or any other license/certification required of the applicable service/work
being performed. Proof of license and/or certification may be required prior to bid award.
26. RENEWAL OR EXTENSION: By mutual consent of the successful bidder pnd the City of Cocoa,
this bid/proposal may be extended or renewed for an additional period of time. This option shall
be exercised only if agreed to in writing by both parties and approved by the Cocoa City Council.
27. DEFINITIONS:
BIDDER: The term BIDDER used herein refers to the dealer/manufacturer business organization
submitting a bid/proposal to the City of Cocoa in response to this invitation.
VENDOR: The term VENDOR used herein refers to the dealer/manufactufer business organization
that will be awarded a contract pursuant to the terms, conditions and quotations of the
bid/proposal. ry
GC-3
11/10/95 12:39 15407 287 9890 RNB STUART Ch 002
CITY OF OCOEE 11-10-1995 Pg 1
Compounding period. . . : Quarter
Nominal annual rate. . : 5.750 %
Effective annual rate: 5.875 %
Periodic rate • 1.4375 %
Equivalent daily rate: 0.01597 %
CASH FLOW DATA
Event Date Amount # Period End-date
1 Loan 11-10-95 355,195.00 1
2 Payment 11-10-95 24,654.51 16 Quarter 08-10-99
AMORTIZATION SCHEDULE - Normal amortization, 360 day
Pmt Date Payment Interest Principal Balance
Loan 11-10-1995 355,195.00
1 11-10-1995 24,654.51 0.00 24,654.51 330,540.49
1995 totals 24,654.51 0.00 24,654.51
2 02-10-1996 24,654.51 4,751.52 19,902.99 310,637.50
3 05-10-1996 24,654.51 4,465.41 20,189.10 290,448.40
4 08-10-1996 24,654.51 4,175.20 20,479.31 269,969.09
5 11-10-1996 24,654.51 3,880.81 20,773.70 249,195.39
1996 totals 98,618.04 17,272.94 81,345.10
6 02-10-1997 24,654.51 3,582.18 21,072.33 228, 123.06
7 05-10-1997 24,654.51 3,279.27 21,375.24 206,747.82
8 08-10-1997 24,654.51 2,972.00 21,682.51 185,065.31
9 11-10-1997 24,654.51 2,660.31 21,994.20 163,071.11
1997 totals 98,618.04 12,493.76 86,124.28
10 02-10-1998 24,654.51 2,344.15 22,310.36 140,760.75
11 05-10-1998 24,654.51 2,023.44 22,631.07 118,129.68
12 08-10-1998 24,654.51 1,698.11 22,956.40 95,173.28
13 11-10-1998 24,654.51 1,368.12 23,286.39 71,886.89
1998 totals 98,618.04 7,433.82 91,184.22
14 02-10-1999 24,654.51 1,033.37 23,621.14 48,265.75
15 05-10-1999 24, 654.51 693.82 23,960.69 24,305.06
16 08-10-1999 24,654.51 349.45 24,305.06 0.00
1999 totals 73,963.53 2, 076.64 71,886.89
.Grand totals 394,472.16 39,277.16 355,195.00
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RESOLUTION NO. 95-26
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA APPROVING A
LEASE AGREEMENT WITH RIVERSIDE NATIONAL BANK OF FLORIDA
AND DESIGNATING IT AS A QUALIFIED TAX-EXEMPT OBLIGATION
RESOLVED, that this City enter into a certain Lease
Agreement with RIVERSIDE NATIONAL BANK OF FLORIDA (hereinafter
called "Lessor") for a Heavy Duty Aerial Ladder with Waterway and
Pump on a Pierce Body in substantially the form attached hereto and
by this reference made a part hereof (the "Equipment Lease" ) and
that this City lease equipment from Lessor pursuant to the terms of
such Equipment Lease; and that the Mayor and the City Clerk of this
City be and hereby are authorized and directed in the name and on
behalf of this City to execute the Equipment Lease with Lessor in
substantially the form presented at this meeting, with such changes
therein and additions thereto as shall be approved by such officers
who execute the same, and such execution shall be conclusive
evidence that each such document so executed has been authorized
and approved by this vote.
FURTHER RESOLVED, that the City Commission of the City of
Ocoee, Florida finds that a true and very real need exists for the
acquisition of the Equipment described in the Equipment Lease and
that such acquisition is in the best interests of the City of
Ocoee .
FURTHER RESOLVED, that the City Commission of the City of
Ocoee, Florida finds that the City of Ocoee has taken the necessary
steps, including compliance with any applicable legal bidding
requirements, under applicable law to arrange for the acquisition
of such equipment .
FURTHER RESOLVED, that the obligations of the City under
the Equipment Lease be hereby designated, pursuant to Section
265 (b) (3) (D) of the Internal Revenue Code of 1986, as amended
(hereinafter called the "Code" ) , as comprising a portion of the
$10, 000, 000 . 00 in aggregate issues which may be designated as
"Qualified Tax-Exempt Obligations" eligible for the exception to
the general rule of the Code which provides for a total
disallowance of a deduction for interest expense allocable to the
carrying of tax-exempt obligations .
FURTHER RESOLVED, that the Mayor and the City Clerk of
this City be and hereby are authorized to execute and deliver such
other instruments and take such other actions as they shall deem
necessary and desirable for the purpose of carrying out these
resolutions and consummating the transactions contemplated by the
Equipment Lease .
FURTHER RESOLVED, that the foregoing resolutions shall
remain in full force and effect until written notice of their
3
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amendment or rescission shall have been received by Lessor and that
receipt of such notice shall not affect any action taken by Lessor
prior thereto.
FURTHER RESOLVED, that the Clerk of this City be and
hereby is authorized and directed to certify to the Lessor the
foregoing resolutions and that the provisions thereof are in
conformity with the charter of this City.
ADOPTED this day of November, 1995 .
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S . Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of November, 1995 .
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
THE DATE INDICATED ABOVE UNDER
AGENDA ITEM NO.
By:
City Attorney
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November 21, 1995
Riverside National Bank of Florida
989 South Federal Highway
Stuart, Florida 34994
Re: Lease Agreement for a Heavy Duty Aerial Ladder
with Waterway and Pump on a Pierce Body
Gentlemen:
As counsel for the City of Ocoee, Florida ("Lessee"), we have examined the
unexecuted original of the Lease Agreement (the "Agreement") undated, between Lessee and
Riverside National Bank of Florida ("Lessor"), and the proceedings taken by Lessee to authorize
and execute the Agreement. We have assumed the genuineness and authenticity of all documents
submitted to us as originals, including but not limited to the original of the Agreement provided
to Lessee by Lessor on , 1995. Capitalized terms utilized herein shall be
assigned the meanings given such terms in the Agreement. For the purposes of this opinion, we
have assumed that the Property is delivered to and accepted by the City within one (1) year from
the Commencement Date. Based upon the examination and upon such other examination as we
have deemed necessary or appropriate, we are of the opinion that:
1. Lessee is a public body corporate and politic, legally existing under the
laws of the State of Florida.
2. The Agreement has been duly authorized, executed and delivered by
Lessee, pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes, and Resolution No. 95-26 (the "Resolution").
3. Subject to the qualifications and limitations set forth below, the Agreement
is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms;
provided, however, that we render no opinion as to the effect on the validity and enforceability
of the Agreement or the provisions thereof which purport to vest title to the leased property in
Lessee and provided further that in the event Lessee returns the equipment to Lessor and the
Lessor obtains a judgment against Lessee in compensatory money damages, as a result of an
event of default under the Agreement, Lessee may be obligated to pay such judgment only if the
Lessor has first used its best efforts to sell or re-lease the equipment to a third party in a
Riverside National Bank of Florida
November 21, 1995
Page 2
commercially reasonable manner and only to the extent that a deficiency remains after pursuing
such remedy. Any such compensatory damages may be limited to the then applicable purchase
price.
4. To the best of our knowledge, no action, suit or litigation is pending or
threatened in any court or other tribunal, state or federal, or before any governmental
commission, board or authority, which if adversely determined, will have a material adverse
effect on the ability of the Lessee to perform its obligation under the Agreement.
5. The Lessee is a political subdivision of the State of Florida within the
meaning of Section 103 of the United States Internal Revenue Code and the related regulations
and rulings.
This opinion is rendered solely for your benefit and no other person or entity shall
be entitled to rely on this opinion without our express written consent.
FOLEY & LARDNER
By:
Paul E. Rosenthal, a partner
cc: City of Ocoee
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