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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-2621 Temp. Reso. # 10584 Page 1 of 3 October 28, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 -� 6 a, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO PURCHASE A SHORE CONVEYOR FOR THE AQUATIC VEGETATION HARVESTER FROM AQUARIUS SYSTEMS, INC., A SINGLE SOURCE MANUFACTURER, AT A COST NOT TO EXCEED $36,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has been treating its public waterways through a combination of controlled chemical spraying, the use of herbivores fish called grass carp, and the mechanical removal of vegetation by using the aquatic vegetation harvester; and WHEREAS, in an effort to improve the efficiency of mechanical removal, a request was made by the Public Works Department and approved as part of the Fiscal Year 2005 Budget to purchase a shore conveyor which can be used in conjunction with the aquatic vegetation harvester; and WHEREAS, the addition of the shore conveyor will allow staff to deposit removed vegetation directly from the aquatic vegetation harvester into a dump truck ratherthan onto a canal bank where staff must then manually transfer the vegetation into the truck for disposal; and WHEREAS, Aquarius Systems, Inc. was the only source to purchase the aquatic vegetation harvester and is also the only source that can provide the desired shore conveyor that will meet the City's needs and specifications as evidenced in Exhibit 1; and Temp. Reso. # 10584 Page 2 of 3 October 28, 2004 WHEREAS, Section 6-151(3) of the Tamarac City Code allows for exception to bid requirements for equipment in excess of $10,000.00 when available from only one source; and WHEREAS, the Director of Public Works and the Purchasing and Contracts Manager recommend the purchase of an aquatic vegetation harvester shore conveyor from Aquarius Systems, Inc. at a cost not to exceed $36,000.00; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac, Florida to purchase an aquatic vegetation harvester shore conveyor from Aquarius Systems, Inc. at a cost not to exceed $36,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to purchase an aquatic vegetation harvester shore conveyor from Aquarius Systems, Inc. in an amount not to exceed $36,000.00. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 1 Temp. Reso. # 10584 Page 3 of 3 October 28, 2004 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 81" day of December, 2004. 4 � �, - �'- I z E SCHREIBER MAYOR ATTEST: /( RECORD OF COMMISSION VOTE: MARION SW SON, CIVIC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MIT LL K F CITY ATTOR Temp Reso 10584 PpBox 215 AQUARIUS Exhibit 1 200N Harrisor►Street . North Prairie, WI 53153 US A. YSTEMS Phone: 262-392-2162 Toll Free- 000-329.6555 Fax: 262.392.2984 Email: info@aquarius systems.com A Division of D&D Products Inc. Website: www•aquarius•systems.C.om AnIzatir, P1anr Haryuslars:. W,...TraS0,Hunters • Amphibious Excavators a Swamp Devils FrWaY, October 15, 2004 Robert Martin City of Tamarac Public Works Department 6011 Nob Hill Road Tamarac, FL 33321-2401 Dear Bob: This letter is to confirm that Aquarius Systems is the only manufacturer of the EH-120 Aquatic Plant Harvesters, compatible MSC-12 Shore Conveyors and all other support equipment in the world. Aquarius Systems is also the sole source distributor of its products in the United States. Please do not hesitate to contact us if we can answer any questions. Gina Dauff Sales Director , AA— -,.J1_ — .. --..RT r... ' —, [-. ..i__.. JAL-.-- A,__.. �. ram_...... AQUARIUS PO Box 215 200 N. Harrison Street North Prairie, Wl 53153 U.S.A. Phone: 262-392-2162 Toll Free: 800-328-6555 SYSTEMS Fax: 262-392-2984 Email: into@aquarius-systems.com A Division of D&D Products Inc. Website: www.aquarius-systems.com Aquatic Plant Harvesters e Trash Hunters 9 Amphibious Excavators & Swamp Devils 1. One new MSC-12 Shore Conveyor .................................................. $ 32,500.00 a. Gasoline power pack ................................................................ $ included 2. Freight, one-way to Tamarac, Florida ................................................ $ 3,500.00 Proposal Number Company's Initials Buyer's Initials 7 -01 r t� 0 Pr I -, m 'I", �' mC- " JfV ­+' , ,, _f Q, "f." _r, 'Ajcto' "'n".0 rno'O C'.T' 4nmant c4n-a 1 QP4 Hereafter "Company" shall refer to Aquarius Systems; "Buyer" shall refer to the City of Tamarac. EQUIPMENT: Aquarius Systems will furnish the equipment as stated above. Any equipment the Buyer wishes to exclude from this Proposal should be indicated by strikeout (example) and initialed by at least one of the Proposal endorsers. WARRANTY: Aquarius Systems will provide a one (1) year warranty on the equipment. DELIVERY: The equipment shall be prepared for delivery 60 - 100 days after receipt of order, including signed Purchase Proposal and down payment. Prices quoted are F.O.B. factory, North Prairie, Wisconsin, USA. A freight quote may be included as a separate line item on the Proposal. NOTE: A crane may be required to unload the equipment upon delivery; Buyer is responsible for all arrangements and costs associated with the crane rental. The Company shall not be liable for delay or default in the performance of its obligations under this agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to Force Majeure, fire, flood, accident, storm, acts of war, riot, government interference, strikes and/or walkouts. In the event of any such delay, the delivery date shall be extended for a period equal to the time lost by reason of the delay. Delay in delivery for any other cause shall in no event subject the Company to any special or consequential damages. PAYMENT: A down payment of zero percent (0%) of the total purchase price is due with the signed Purchase Proposal. Balance is due in full upon delivery of the equipment. Taxes are not reflected in these prices and are the responsibility of the Buyer. Interest will be charged at a rate of 1.5% per month on any unpaid balance, commencing on the first day after payment was due. DRAWINGS: Any and all drawings, (including but not limited to general layout, arrangement or system drawings), furnished by the Company shall remain the property of the Company and are not to be used, copied or reproduced for any purpose without the Company's prior written authorization. CHANGES: The Company may, but shall not be obligated to, incorporate in the equipment such changes in design, construction or arrangement as shall, in its judgment, constitute an improvement over former practice. If any of the materials of construction specified or contemplated herein are not readily procurable for their intended purpose, the Company shall have the right to substitute other material suitable for the work. INSURANCE: A Certificate of Product Liability Insurance will be provided upon delivery. Proposal Number 100604-01 Company's Initials Buyer's Initials STORAGE: If the Buyer asks the Company to hold or warehouse equipment purchased under this Proposal for any length of time after the date on which the equipment is prepared for shipment, the Company may, but shall not be obligated to store the same, and the Buyer shall pay storage charges at a rate determined by the Company at the time of the request commencing from and after what was to have been the shipment date. If shipment is so deferred, full payment for the equipment shall become due and payable when the Buyer is notified by the Company, by invoice or otherwise, that the equipment is ready for shipment. SECURITY AGREEMENT: Without relieving the Buyer from the obligation to make payment as provided for, the Buyer grants to the Company a security interest in the equipment described herein for the purpose of securing full payment of its purchase price and any other sums the Buyer shall become obligated to pay hereunder. The Buyer agrees to perform all acts, which may be necessary to perfect and preserve such security interest in the Company. The Buyer further agrees that, until such security interest is terminated, it shall not sell, lease or otherwise dispose of the equipment or in any way impair its value. The Buyer shall also keep the equipment free from all liens, encumbrances and other security interests and shall defend it against all claims by other persons other than the Company until such termination. In case of failure by the Buyer to make any payment when due, the Company may, at its option, take exclusive possession of the Collateral wherever found and remove the same without legal process. The remedy provided hereunder is in addition to all rights and remedies available to the Company at law or in equity. DISPUTES: The Statutes, Laws and Courts of the State of Wisconsin shall govern the resolution of any and all disputes of any nature whatsoever that may arise in the execution and fulfillment of this Proposal. CANCELLATION: The Buyer may cancel this order only upon written notice to the Company. In the event of cancellation, the Company shall be immediately entitled to receive from the Buyer, as liquidation damages and not as a penalty, the cost of the equipment produced and services performed by the Company up to the date of cancellation, plus a mark up of ten percent (10%) of such costs. Any money paid as a down payment shall be credited toward this total; any amount exceeding the down payment shall be invoiced to the Buyer and shall be due in full immediately upon receipt. ,Proposal Number 1.-01 Company's Initials Buyer's Initials This Proposal is valid for 180 days from date signed by a representative of Aquarius Systems, Division of D&D Products Incorporated. This Proposal shall expire on April 6'h 2005. SIGNATURE TITLE SIGNATURE TITLE FOR OFFICE USE ONLY October e, 2004 DATE DATE Issue Date: October 6TH, 2004 Expiration Date: April 6TH, 2005 -Sent Via: X U.S. Mail. X Email Facsimile Other CONTRACTUAL REQUIREMENTS Proposal Return Date: Equipment Due Date: .Down Payment Received? n/a Amount n/a Addendum A Completed? n/a Addendum B Completed? n/a Order Summary Sent: n/a Order Summary Returned: n/a Notes: Proposal Number 100604-01 Company's Initials Buyer's Initials RECEIVING DATE STAMP Receiver's Initials: