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: