Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution (245)Temp. Reso. # 9890 Page 1 September 3, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-245 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO PURCHASE AN AQUATIC VEGETATION HARVESTER FROM AQUARIUS SYSTEMS, INC., A SOLE SOURCE MANUFACTURER, AT A COST NOT TO EXCEED $90,235.00; APPROVING BUDGET TRANSFERS REQUIRED FOR PROPER ACCOUNTING PURPOSES; 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 and use of herbivores fish called grass carp; and WHEREAS, there has been excessive growth of an aquatic plant, called valliseneria, in City's waterways that has prompted numerous complaints from the residents; and WHEREAS, valliseneria is not the preferred food of the grass carp and chemical spraying takes several weeks to fully decompose it; and WHEREAS, residents complaints have forced the City staff to explore alternative means to restore the aesthetics of public waterways; and WHEREAS, after much research and discussion with some other municipalities, the City staff wishes to add a vegetation harvester, also known as mechanical harvester, to its waterways maintenance program; and WHEREAS, an aquatic vegetation harvester is a barge mounted machine designed to cut and collect aquatic vegetation from waterways; and Temp. Reso. # 9890 Page 2 September 3, 2002 WHEREAS, the use of an aquatic vegetation harvester will reduce the volume of aquatic plants that must be treated with chemicals; and WHEREAS, The Purchasing Division conducted extensive research and determined that while multiple vendors manufacture large harvesters, which are primarily geared towards rivers and harbors, Aquarius Systems, Inc. is the only vendor which manufactures the specific type and size of harvester that will meet the City's needs and specifications; and 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; FOG WHEREAS, the Director of Public Works and the Purchasing and Contracts Manager recommend the purchase of an aquatic vegetation harvester from Aquarius Systems, Inc. at a cost not to exceed $90,235.00, proposal attached hereto as Exhibit "A"; 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 from Aquarius Systems, Inc. at a cost not to exceed $90,235.00. Temp. Reso. # 9890 Page 3 September 3, 2002 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 from Aquarius Systems, Inc. in an amount not to exceed $90,235.00. SECTION 3: Budget transfers required for proper accounting purposes are hereby approved. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 Temp. Reso. # 9890 Page 4 September 3, 2002 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11th day of September, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCH LL CITY AT NEY 4"r OE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 1 1 1-1 P�Box215 AOUARIUS 200 N. Harrison Street North Prairie, WI 53153 U.S.A. SYSTEMS Oil Phone. 800-328-2162 %II Free: 800-328-6555 6555 Fax: 262-392-2984 A Division of D&D Products Inc. Email: info@aquarius-systems.com Website: www.aquarius-systems.com Aquatic Plant Harvesters • Trash Hunters • Amphibious Excavators • Swamp Devils A. , r r * r WN ill, Proposal No.: 90302-01 DESCRIPTION PRICE 1. One new EH-120 Aquatic Plant Harvester ............................................. $ 45,000 a. Upgrade to Hatz model 2G40 diesel engine ........................................$ 2,800 b. Optional stainless steel pontoons ..................................................... $ 4,500 c_ Optional stainless steel conveyor mesh on pick up conveyor .................. $ 650 d. Optional operator lean-to seat & sun umbrella .....................................$ 350 e. Optional passenger lean-to seat & sun umbrella ..................................$ 350 f. Locate operator console as far forward as possible ...............................$ n/c g. Bi-directional storage conveyor (may not be possible, will attempt) ...........$ n/c h. Optional propeller guards (2)........................................................... $ 300 2. One new TTRC-12 Tilt Deck Trailer Conveyor ......................................$ 29,500 a. Optional hydraulic winch................................................................ $ 585 b. Optional stainless steel conveyor mesh ..............................................$ 2,700 c. Lower motor & hydraulic tank to protect from harvester when launching ....$ n/c 3. Estimated* Freight, one-way to Tamarac, Florida for harvester & trailer ....... $ 3,500 *Estimate only, actual freight cost will be charged. DELIVERY" The equipment shall be prepared for delivery approximately 90 - 150 days after receipt of order, including this signed Proposal and/or Purchase Order. EXPIRATION This Bid Proposal is valid for 180 days from date signed by an authorized representative of Aquarius Systems, Division of D&D Products Incorporated. World's leading manufacturer of Surface Water Management Equipment, since 1964. CITY OF TAMARAC, FLORIDA PUBLIC WORKS DEPARTMENT PROPOSAL PROVISIONS "Company" refers to Aquarius Systems; "Purchaser" refers to the City of Tamarac, Florida - Public Works Department. EQUIPMENT: Aquarius Systems will furnish the equipment and options as stated above. Any equipment or options the Purchaser wishes to exclude from this Contract should be indicated by strikeout (example) and initialed by at least one of the contract endorsers. WARRANTY: Aquarius Systems will provide a one (1) year warranty on the equipment. DELIVERY: The equipment shall be prepared for delivery approximately 90 - 150 days after receipt of order, including this signed Purchase Proposal and down payment. Prices quoted are F.O.B. factory, North Prairie, Wisconsin, USA. A freight quote has been included as a separate line item on the Proposal. NOTE: A crane may be required to unload the equipment upon delivery; purchaser 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: (t}pi N'of -f +F�n +n+51 purchase rnr+c+ is rlub ..dfh the signed-RaFGhase-Pr©. . or Pur4ohase Order. (Down payment waived) Balance is due in full upon delivery of the equipment. Taxes are not reflected in these prices and are the responsibility of the Purchaser. 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. STORAGE: If the Purchaser 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 Purchaser 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 Purchaser is notified by the Company, by invoice or otherwise, that the equipment is ready for shipment. SECURITY AGREEMENT: Without relieving the Purchaser from the obligation to make payment as provided for, the Purchaser 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 Purchaser shall become obligated to pay hereunder. The Purchaser agrees to perform all acts, which may be necessary to perfect and preserve such security interest in the Company. The Purchaser 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 Purchaser 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 Purchaser 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. CANCELLATION: The Purchaser may cancel his order only upon written notice to the Company. In the event of cancellation, the Company shall be immediately entitled to receive from the Purchaser, 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 Purchaser and shall be due in full immediately upon receipt. IN WITNESS WHEREOF, the parties have made and executed this Proposal on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Aquarius Systems, Inc., signing by and through its Sales Director, duly authorized to execute same. CITY OF TAMARAC J9i Schreiber, Mayor 0 /-7 /ate— Date ATTEST: Jeffrey Mill r, City Manager cib V Marion Swnson, CIVIC Date: City Clerk pro a as to forma egal sufficiency: DateI ATTEST: Mitchell S. rius �v ( orporate Presi nt) (Sign ur o ales erector) Jane Dauffenbach Type/Print Name of Corporate President (CORPORATE SEAL) Gina Dauffenbach Type/Pr' t Name of Sales Director r /_ Date CORPORATE ACKNOWLEDGEMENT STATE OFaSCC€����Cl__ SS COUNTY OF1 .1<' : HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Gina Dauffenbach, Sales Director of Aquarius Systems, Inc., a Wisconsin Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of . -Jn , 200, . Signature of Notary Public State of Wisconsin Print, Type or Stamp Name of Notary Public N Personally known to me or ❑ Produced Identification Type of I.D. Produced ® DID take an oath, or ❑ DID NOT take an oath.