HomeMy WebLinkAboutCity of Tamarac Resolution R-96-144Temp. Reso.# 7448 - June 5, 1996 1
Revision #1 - June 18, 1996
CITY OF TAMARAC
RESOLUTION NO. R-96—T�q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA APPROVING THE PURCHASE OF
A 1996 16' STEP VAN FROM CUES, INC. IN THE AMOUNT
OF $48,683.27 AND AUTHORIZING A TRANSFER OF
$23,684.00 FROM THE UTILITIES WEST CONTINGENCY
ACCOUNT AND $25,000 FROM THE UTILITIES WEST
APPROPRIATE OPERATING ACCOUNT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is engaged in a Capital Improvement Program to
address Inflow & Infiltration; and
WHEREAS, the City Commission approved Capital Improvement Funding for Inflow
& Infiltration reduction to comply with Tamarac's Treatment and Transmission capacity of
7.04 million gallons per day to Broward County; and
WHEREAS, the Wastewater Collection Division Inflow & Infiltration program utilizes
two video and grouting step vans to reduce unmetered water conveyed to Broward County;
and
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Temp. Reso.# 7448 - June 5, 1996 2
Revision #1 - June 18, 1996
WHEREAS, one of the video vans has extensive deterioration of the framework and
interior paneling such that repairs are not practicable; and
WHEREAS, the Wastewater video van was budgeted to have the interior paneling
repaired in FY96 at a cost $25,000.00 in the Utilities West Operating Fund; and
WHEREAS, it has been determined to be more cost-effective to transfer the
specialized video equipment and accessories from the deteriorated van to a new step van
that would be set up to accept the video and grouting equipment; and
WHEREAS, the Wastewater collection division has received a quotation from Cues,
Inc., the sole source supplier of the City's Video & Grouting Specialized equipment in the
amount of $48,683.27 for a 1996 16' Step Van with accessories; and
WHEREAS, Section 6-151(3) allows for the exception to bid requirements for
equipment in excess of $10,000.00 when available from only one (1) source with a written
contract attached as "Exhibit A"; and
WHEREAS, The Director of Utilities recommends the purchase of the video step van
from Cues, Inc. at a cost of $48,683.27; and
Temp. Reso.# 7448 - June 5, 1996 3
Revision #1 - June 18, 1996
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 to purchase a 1996
16' step van from Cues, Inc. in the amount of $48,683.27.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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: That the appropriate City officials are hereby authorized to execute
a purchase order with Cues, Inc. for the purchase of a 1996 16' step van at a cost of
$48,683.27.
SECTION 3: That the purchase be funded from monies transferred from the
Utilities contingency account in the amount of $23,684.00 and a utilities operating repair
account, in the amount of $25,000.00 and transferred to an operating account entitled
"Vehicles."
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Revision #1 - June 18, 1996
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION;, If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this AL of Jo,le.—
W-01T.]
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
ap,amved this RESOLU ION as
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NORMAN ABRAMOWITZ.
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RECORD OF COUNCIL
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DISTRICT 1
DISTRICT 2;
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Form #2
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CUES
FOR
.. ONE (1) 6 16',CHIC STEP VAN WITH 13,500 BTU AC UNIT (ROOF NOUNT) *
*SEE ATTACHED LETTER FOR ADDITIONAL COMPONENTS
THIS AGREEMENT is made and entered into this day of 199
_ by and between the City of Tamarac, a municipal corporation with principle offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and
CUES with principle office; located at 3501 VINELAND ROAD, ORLANDO.
FLORIPJL32811 (the "VENDOR") to provide ONE (1) 1996 16' G14C STEP VAN WITH 13,500
BTU AC UNIT ROOF MDUMe "ITEM") at $ 48.683.27 � each, totaling _E_Om-EIGHT THOUSAND
�...�.
dollars and . $ 48.683.27 )
1YW -NTY-SEVEN GRIS
1) The Contract Documents
The contract documents consist of this ,agreement, conditions of the contract
(General, Supplementary, and other Conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement as
if attached to this Agreement or repeated herein.
2) The Purchase Order
A. Partial shipment of this order must be covered by separate invoices,
B. The City of Tamarac is exempt front Federal Excise and State and Florida
Sales Tax. State Sales and Use Tax Certifrcatior. No. is 16-03-196900-54c.
C. All articles, materials and supplies covered by the Purchase Order are
purchased subject to inspection on arrival at destination. The City of Tamarac reserves
the right to return for full credit at the risk and expense of the Vendor, all or part of the
articles, materials or supplies furnished contrary to specifications and instructions.
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D. If a Purchase Order has been issued in accordance with a specific contract,
all the terms, conditions and provisions of such contract must be strictly observed in
addition to the general conditions herein described.
E. All purchases by the City are FOB Destination unless otherwise stated by
the Vendor on his quotation or bid originally submitted.
.F. Vendor certifies that all materials, aluipment, etc., supplied under the terms
of a Purchase Order meets all O_S.H.A, requirements. Vendor further certifies that, if the
material, equipment, etc., delivered is subsequently found to be deficient in any O.S.H.A.
requirement in effect on date of delivery, all costs necessary to bring the material,
equipment, etc., into compliance with the aforementioned requirements shall be borne by
the Vendor.
G. All persons, firm, or corporations doi 7g business with the City of Tamarac are
hereby notified that all purchases of whatever kind or nature, must be covered by a formal
purchase order and this City disclaims respon:;ibility for payment of any charges for
purchases which are not covered. No official, department head or employee is empowered
to vary the foregoing.
3) Time of Commencement and Substantial Completion
The article(s) is (are) to be shipped after execution of the Agreement and not later
than 120 days after the date that Seller rece'ves the purchase order. The article(s)
must arrive no later than the day of 199 ._ .
4) Contract Sum
The Contract Sum for the above article(s) is $ 48.683.27 each, totaling
D IX HUNDRED EIGHTY-THREE dollars andTHENTY-SEVEN
cents ($ ` ). The Contract Sum is determined by the cost of
each article multiplied by the number of units.
S) Payments
The City shall pay in full the Contract Sum to the Vendor upon delivery of the
article(s) listed in the first Paragraph of this Agreement unless the parties agree otherwise.
The City shall pay the Vendor for article(s) delivered subject to the specifications of the
Contract and subject to any additions and dedut,tions by subsequent Purchase Order
change provided in the contract documents.
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6) Warranty
Vendor warrants the 1996 - GMC STEP VAN (article(s) delivered)
against defect for a period of ONE years from the date of delivery of the article(s). In
the event that defect occurs during this time, Vendor shall replace such defected article(s)
in the first Paragraph of this Agreement. Vendor shall be responsible for any damages
caused by defected article(s)_
7) Indemnification
The Vendor shall indemnify and hold harmless the City,
ty its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connEction with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the defect of the article(s) sold
by Vendor or its officers, employees, agents, or property damage solely attributable to the
defect. The above provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even though the claim may
be made after the termination hereof.
8) Assignment
Vendor shall not transfer or assign the performance required by this Agreement
without the prior written consent of the City. This Agreement, or any portion thereof, shall
not be assigned without the prior written consent of the City_
9) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be give by written notice, sent by registered United States mail,
with return receipt requested, addressed to the! party for whom it is intended at the
following addresses.
CITY
Director of Utilities
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address,
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Vendor
wuruFnctuRER _ (Name of Vendor)
(Title of named above)
(Name of Company)
3501 VINELAND ROAD (Address)
ORLANDO, FLORIDA 32811
.� (City, State and Zip Code)
10) Termination
This Agreement may be terminated by City or Vendor for cause or by the City for
convenience, upon 30 days written notice by the terminating party to the other party of
such termination in which event the Vendor shall be paid its compensation for goods
delivered to termination date including services reasonably related to termination_ in the
event that the Vendor abandons this Agreement or causes it to be terminated, Vendor shall
indemnify the City against loss pertaining to this termination. In addition to all other
remedies available to the City, this Agreement shall be subject to cancellation by the City
should the Vendor neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall continue for
a period of _ ,N— days after receipt by Vendor of written notice of such neglect or failure.
11) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereinafter in force. The venue for actions arising Dut of this Agreement is fixed in Broward
County, Florida.
12) Signatory Authority
The Vendor shall provide the City with copiE s of requisite documentation evidencing
that the signatory for Vendor has the authority to enter into this Agreement.
13) Severability; Waiver of Provisions
Any provision in this Agreement that i.� prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining I)rovisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The nonenforcement of any
provision by either party shall not constitute a waivar of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
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14) Merger; Amendment
This Agreement constitutes the entire Agreement between the Vendor and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be Supplemented and/or amended only by a written document executed
by both the Vendor and the City.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CM' OF TAMARAC, through its Mayor and
CUES (Name of
Party with whom Agreement is made), signing t,y and through its _ PRFSmENj
(President, Owner, C.E.O., etc.), duly authorized to execute the same.
ATTEST:
Carol Evans, City Clerk
Date: _ 5L
5
CITY OF TAMARAC
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Norman Abramowitz, Mayor
Date:
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Robert S. Noe, Jr., City Manader
Date:
&-�-
Approved as to form and legal
sufficiency:
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Form #2
C rporate Secretary
THDMAS R. DRU66ISH
Type/Print Name of Corporate
Secretary
(CORPORATE SEAL)
N.
CUES
(NAME OF COMPANY)
ALEXANDER M. MILLEY
Type/Print Name of PresidentAmw,
etc.
Dale: 6/17/96
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