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Agenda 09/12/2017 Item #16G209/12/2017 EXECUTIVE SUMMARY Recommendation to approve the single-source purchase of a Lektro Towbarless Aircraft Towing Vehicle in the amount of $69,998 for the Marco Island Executive Airport. OBJECTIVE: To provide continuous standard fixed based operator (FBO), revenue generating services at the Marco Island Executive Airport (MKY) through the procurement of a new aircraft towing vehicle. CONSIDERATIONS: The Lektro towbarless aircraft towing vehicle aircraft tug at MKY was purchased 2007 and is beyond its useful life. The equipment is in constant need of repair, making it unavailable to tow aircraft, resulting in lost revenue. Lektro manufactures standardized, battery-operated aircraft towing vehicles that are utilized throughout the aviation industry. There are no comparable products with sufficient weight-bearing capability and battery life available in the FBO environment. Lektro is the preferred tug of aircraft manufacturers and various operators that utilize MKY, such as NetJets and Delta Private Jets. A Notice of Intent to Sole/Single Source was publicly advertised from July 5, 2017 through July 14, 2017. Sixty-five (65) notices were sent out. Nine (9) interested parties downloaded the specifications package and zero (0) responses were received. A Purchase Order, with the County’s standard terms and conditions, will be issued for this unit. FISCAL IMPACT: Funds in the amount of $69,998 have been budgeted and are available in the Airport Operating Fund (495) Marco Island Executive Airport cost center. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan associated with the Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, an requires majority vote for approval. -JAK RECOMMENDATION: To approve the purchase of a new Lektro towbarless aircraft towing vehicle in the amount of $69,998 for the Marco Island Executive Airport. A Purchase Order will serve as the standard contract. Prepared by: Justin Lobb, Airports Manager, Airport Authority ATTACHMENT(S) 1. 17-7144 - ISS Aircraft Tug FINAL (PDF) 2. 17 Aug1 Collier County - Marco Island Executive Airport AP8750CX-AL (PDF) 16.G.2 Packet Pg. 2103 09/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2 Doc ID: 3545 Item Summary: Recommendation to approve the single-source purchase of a Lektro Towbarless Aircraft Towing Vehicle in the amount of $69,998 for the Marco Island Executive Airport. Meeting Date: 09/12/2017 Prepared by: Title: Operations Coordinator – Airport Authority Name: Debra Brueggeman 07/28/2017 10:35 AM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 07/28/2017 10:35 AM Approved By: Review: Growth Management Department Diane Lynch Level 1 Reviewer Completed 08/14/2017 10:31 AM Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 07/28/2017 10:50 AM Procurement Services Ted Coyman Additional Reviewer Completed 07/28/2017 5:25 PM Procurement Services Swainson Hall Additional Reviewer Completed 07/31/2017 8:46 AM Airport Authority Justin Lobb Additional Reviewer Completed 07/31/2017 5:58 PM Growth Management Department Gene Shue Additional Reviewer Completed 08/01/2017 10:25 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 08/01/2017 12:55 PM Procurement Services Sandra Herrera Additional Reviewer Completed 08/02/2017 2:30 PM Procurement Services Adam Northrup Additional Reviewer Completed 08/16/2017 9:56 AM Growth Management Department James French Deputy Department Head Review Completed 08/16/2017 10:22 PM Growth Management Department Michael Cox Additional Reviewer Skipped 08/02/2017 1:39 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2017 8:35 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2017 3:28 PM Budget and Management Office Ed Finn Additional Reviewer Completed 08/22/2017 12:22 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/23/2017 8:55 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/29/2017 2:52 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM 16.G.2 Packet Pg. 2104 1 Notice of Intent to Sole Source Notice of Intent to Sole Source Date: From: Phone: Fax: Email: To:Prospective Vendors Subject: As requested by the Management Department, the Collier County Board of County Commissioners Procurement Services Division has issued this Intent to Sole Source (“ISS”), for Respondents who believe they can meet or exceed the requirements described in the attached exemption request must submit a letter of interest and provide convincing technical data sufficient to support their position. In the event respondents can supply substantially similar products and/or services, the County may elect to cancel this ISS and advertise a formal solicitation. The County assumes no responsibility for responses received after the response deadline. Responses not submitted through the County’s online bidding system (www.colliergov.net/bid) may not be considered by the County. It is the respondents responsibility to ensure their response was received by the submittal deadline. Letters of Interest received after the date and time specified will not be accepted. If you have immediate questions regarding the specifications or intended scope of work, you must make those inquiries via the Online Bidding System at www.colliergov.net/bid, and for general questions, you may contact the Procurement Strategist noted above by telephone or email. 07/05/2017 Adam Northrup, Procurement Strategist 239-252-6098 239-252-6302 Adamnorthrup@colliergov.net Lektro Towbarless Aircraft Towing Vehicle Collier Airport Authority Lektro Towbarless Airport Towing Vehicle. 16.G.2.a Packet Pg. 2105 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) 2 Notice of Intent to Sole Source Public Notice The Collier County Procurement Services Division is has issued this Intent to Sole Source (“ISS”), for Respondents who believe they can meet or exceed the requirements described in the attached exemption request must provide a letter of interest with convincing technical data sufficient to support their position. Your letter of interest is due in the Collier County online bidding system no later than on , at www.colliergov.net/bid. Responses received after the time and date noted will not be accepted. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods to the County shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ Edward F. Coyman, Jr. Director, Procurement Services Division Lektro Towbarless Airport Towing Vehicle. 3:00PM 07/14/2017 16.G.2.a Packet Pg. 2106 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) 16.G.2.a Packet Pg. 2107 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) 4 Notice of Intent to Sole Source Exhibit II: Response Deadlines and Anticipated Approval Event Date Issue Notice of Intent to Sole Source Last Date for Receipt of Written Questions Deadline to submit Letter of Interest and Specifications Anticipated Evaluation of Submittals Anticipated approval by Board of County Commissioners 07/05/2017 07/13/2017; 3:00PM 07/14/2017; 3:00PM July 2017 September 2017 16.G.2.a Packet Pg. 2108 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) 5 Notice of Intent to Sole Source Exhibit III: Response Format Respondents who believe they can meet or exceed the requirements described in the attached sole or single source request must provide a letter of interest detailing why their product meets our specifications and include the full technical specifications of your product. 16.G.2.a Packet Pg. 2109 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) 6 Notice of Intent to Sole Source Exhibit III: Standard Purchase Order Terms and Conditions 1.Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2.Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3.Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4.Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5.Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right 16.G.2.a Packet Pg. 2110 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) 7 Notice of Intent to Sole Source to insist upon further compliance with all specifications. 6.Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7.Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8.Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9.Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10.Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11.Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12.Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13.Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR 16.G.2.a Packet Pg. 2111 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) 8 Notice of Intent to Sole Source acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14.Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15.Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17.Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18.Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19.General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e)In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 16.G.2.a Packet Pg. 2112 Attachment: 17-7144 - ISS Aircraft Tug FINAL (3545 : Purchase of Lektro for MKY) Bill To: Ship To: QTY DESCRIPTION UNIT PRICE TOTAL AMT. 1 New 2017 Lektro Model AP8750CX-AL Aircraft Tug, 85,000 lb./38,555 kg. Capacity $75,043.00 FSIP EV100ZX SCR Electronic Speed Control with Reverse Direction Braking and On-Board Diagnostics STD 33.1 HP DC Drive Motor STD Auburn/Dana 44 Differential, 5.38 Ratio STD Key Lock Switch STD Hour Meter STD Electronic Battery Monitor, Motive Battery STD Dual Forward and Aft LED Headlights STD Five Flashing Amber LED Running Lights STD 72 VDC, 275 Amp Hour (6-Hr. Rate), Industrial Motive Battery STD Single-Point Central Battery Water Fill System for Motive Battery STD 72 VDC, 50 Amp, 208-240 VAC, 50/60 Hz, 1-Ph, Fully Automatic Charger STD -220v Charger to be supplied Patented Electric/Hydraulic, Dual Cylinder, Universal Nose Gear Cradle with Front & Rear Gates STD Extended Aluminum Rear Gate STD Dual Passenger Operator's Platform with Side Restraints STD Foot Applied Dual Hydraulic Wheel Disc Brakes STD Hand/Foot Applied Electric "Deadman" Parking Brake STD Dual Poly Foam Filled Pneumatic Traction Drive Tires (5.00 x 8 10-Ply) STD Dual Poly Foam Filled Pneumatic Traction Steer Tires (5.00 x 8 10-Ply) STD Heavy-Duty Hydraulic Winch with Nylon Belt Including Automatic Cut-off STD Dbl 1" x 29"/2" x 29" Nylon Strut Straps with Protective Sleeve STD Lear/Citation/Beechjet Hold Down Hoop INCL Chine Protectors STD Four-Step Extension Ladder STD Side Mount Accessory Holders STD High Gloss Enamel Red or White Paint with Polyurethane Protective Coating STD Steel Side Rub Rails STD Parts/Service/Operation Manual with Exploded View on CD STD One Year Gold Seal Warranty STD 1 Citation X/Sovereign Hold Down Adapter 605.00 1 Falcon 50/900/2000 Interface Tool 1,331.00 1 Lear 40/45/70/75 Yoke Adapter 1,122.00 1 Pintle Towing Hook Adapter for Cradle 272.00 Sub Total $78,373.00 LESS: Preferred Customer Discount (Municipality)(8,375.00) Sub Total $69,998.00 Freight N/C Total $69,998.00 August 31, 2017 By_Mike Shain__________________ Accepted_____________________________ Date______________ Personally Guaranteed by: ______________________________________________________Date _____________ Print Name: ________________________________ Address: ___________________________________________ We are pleased to submit this quotation for your consideration. Our quote is valid until: Should you place an order, be assured it will receive our prompt attention. Quotation Collier County Airport Authority 3299 Tamiami Trail E, Suite 700 August 1, 2017 Mike Shain Naples, FL 34112-5749 June 22, 2017 Motor Freight Marco Island Executive Airport 6-8 Weeks ARO Warrenton, Oregon USA 2005 Mainsail Drive Naples, FL 34114 Attn: Justin E. Lobb, Manager Tel: 239 642 7878 / Fax: 239 394 3515 Email: JustinLobb@colliergov.net Prepaid+add Prepaid+add To Be Determined Ship Via: Date:Sales Person: EXW: (Incoterms 2010) Insurance: Inquiry Date: Ship Date: Terms: Shipping Charges: 16.G.2.b Packet Pg. 2113 Attachment: 17 Aug1 Collier County - Marco Island Executive Airport AP8750CX-AL (3545 : Purchase of Lektro for MKY)