Title
MOTION TO APPROVE A CHANGE ORDER TO PURCHASE ADDITIONAL WINCHESTER DUTY AMMUNITION FROM THE SOLE AUTHORIZED DISTRIBUTOR, LAWMEN'S AND SHOOTERS' SUPPLY, INC., IN AN AMOUNT NOT TO EXCEED $12,351.68, INCREASING THE PURCHASE ORDER TO A TOTAL AMOUNT NOT TO EXCEED $240,101.32, UTILIZING THE STATE OF FLORIDA TERM CONTRACT # 46000000-21-STC, PURSUANT TO SECTIONS 35.18(C)(3), 35.18(C)(5) AND 35.28(B) OF THE CITY'S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinance is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(3) states that “City standard, single-source and sole- source commodities or services. City standard, single- source and sole-source commodities or services are exempt from this section.”
- Section 35.18(C)(5) states, “Commodities or services that are the subject of contracts with the state its political subdivisions or other governmental entities including the United States Government, are exempt from the competitive procurement process.”
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission approval."
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
- Section 35.15 defines CHANGE ORDER. "Changes, due to unanticipated conditions or developments, made to an executory contract, which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specifications as to constitute a new undertaking. The changes must reasonably and conscientiously be viewed as being in fulfillment of the original scope of the contract rather than as departing therefrom. Further, the changes, when viewed against the background of the work described in the contract and the language used in the specifications, must clearly be directed either to the achievement of a more satisfactory result or the elimination of work not necessary to the satisfactory completion of the contract."
- Section 35.28 of the City's Code of Ordinances is titled "CHANGE ORDERS."
- Section 35.28(B) states that "Notwithstanding the provisions of (A) above, the City Manager is not authorized to approve a change order without authorization of the City Commission where the initial purchase required the City Commission's approval and where the sum of all change orders issued under the contract exceeds 5% of the original contract amount or $25,000.
SUMMARY EXPLANATION AND BACKGROUND:
1. On September 20, 2023, the City Commission authorized the purchase of duty and practice ammunition for the Police Department utilizing the State of Florida Term Contract # 46000000-21-STC "Defense Products" for a total amount not to exceed $227,749.64 from Lawmen's and Shooters' Supply, Inc.
2. The Police Department is requesting approval of a change order to purchase additional duty ammunition. The Police Department obtained a quote from Lawmen's and Shooters' Supply, Inc. for $12,351.68 utilizing the State of Florida Term Contract # 46000000-21-STC "Defense Products," which provides 48% off the MSRP price of the requested Winchester Ammunition. This additional purchase would increase the total of the purchase order to $240,101.32.
3. In addition, Winchester Ammunition has provided the attached sole source letter stating that Lawmens & Shooters Supply is the sole authorized law enforcement distributor for Olin Winchester,LLC/Winchester Ammunition in Florida.
4. Request City Commission to approve a change order to purchase additional Winchester duty ammunition from the sole authorized distributor, Lawmen's and Shooters' Supply, Inc., in an amount not to exceed $12,351.68, increasing the purchase order to a total amount not to exceed $240,101.32, utilizing the State of Florida Term Contract # 46000000-21-STC, pursuant to Sections 35.18(C)(3), 35.18(C)(5) and 35.28(B) of the City's Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $12,351.68
b) Amount budgeted for this item in Account No: Funds are available in account: # 001-521-3001-552003-0000-000-0000- Operating Supplies - Training Unit.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.