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HomeMy WebLinkAbout11457 AVCvendor ship To Aquatic vegetation Control, Inc City of Sebastian 1860 w 10th Street 505 Airport Drive west LN Description / Account Unit Qty Unit Price Net Price 001 EACH 1.00 40525.00000 40525.00 Piggyback agreement with Aquatic vegetation Control Inc. via Resolution R-24-40 for ground application. Services from Oct. 2025 - Sept. 2026. Approved by City Council 8 Oct. 2025. PO Total 40525.00 .; ** General Ledger Summary Section Account Amount 163051-533420 40525.00 Brian Digitally signed by Brian Benton DN: cn=Brian Benton, -US, -City ,I Sebastian. Benton a ail=bbenton@cityofsebastian org Date: 2025. 10.14 15:21:21-04'00' BY ACCEPTING THIS ORDER, SELLER AGREES TO THE FOLLOWING TERMS AND CONDITIONS 1. ACCEPTANCE OF PURCHASE ORDER. A Purchase Order is given for immediate acceptance by the Seller. Unless promptly notified to the contrary, the City will assume the Seller accepts the order as written and will make delivery as specified on the document. 2. ENTIRE AGREEMENT. All specifications, drawings and data submitted to the Seller with this order orthe solicitation of this order are hereby incorporated herein and made part hereof. This contract contains the entire agreement of the parties. No change in quantities, prices, specifications, terms, or shipping instructions will be allowed except on written authority of the City Purchasing Department. Any additional or different terms and conditions proposed by the Seller are objected to and hereby rejected unless specifically agreed to by the City. 3. INDEMNIFICATION. The Seller hereby agrees to indemnify, save and held harmless the City from all claims, demands, liabilities and suits arising out of, because of, or due to the breach of the Agreement by the Seller, its agents or employees, or due to any act of occurrence of omission or commission of the Seller, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the City for its own negligence or breach of contract. 4. MODIFICATION. The City may by written Order make changes in the specifications, if such changes cause an increase or decrease in the Seller's cost or in the time required for performance of Contract: (a) the Seller shall promptly notify the City and assert its claim for adjustment within fifteen (15) calendar days and (b) an equitable adjustment shall be made by the City and the Contract modified accordingly. Nothing in this clause shall excuse the Seller from performing. 5. DEFAULT. Time is of the essence of this contract and if delivery of acceptable items or rendering of services is not completed by the time specified by City, the City reserves the right without liability, in addition to its other rights and remedies to terminate this contract by notice effective when received by the Seller, as to stated items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge the Seller with any and all losses incurred. 6. TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or freight collect without the City's written consent will not be accepted and will at Seller's risk and expense be returned to Seller. No charges will be allowed by the City for transportation, packing, cartage or container's unless otherwise authorized in the Purchase Order. 7. UNAVOIDABLE DELAY. If the Seller is delayed in the delivery of goods purchased under the Purchase Order by a cause beyond its control, Seller must immediately upon receiving knowledge of such delay, give written notice to the City and request a reasonable extension of time. The City shall examine the request and determine if the Seller is entitled to an extension. 8. QUANTITY. Quantities furnished in excess of those specified in the Purchase Order will not be accepted and will be held at Seller's risk and expense. 9. INSPECTION. Materials or equipment purchased are subject to inspection and approval at the City's destination. The City reserves the right to reject and refuse acceptance of items which are not in accordance with instructions, specifications, drawings, or data of Seller's warranty, (express or implied). Rejected materials or equipment shall be removed by, or at the expense, of the Seller promptly after rejection. 10. WARRANTY. The Seller warrants that all goods and services furnished hereunder will conform in all respects to the terms and this order, including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patentdefects in materials, workmanship and title and will be free from such defects in design. In addition, Seller warrants that said goods and services are suitable for, and will perform in accordance with, the purpose for which they are purchased, fabricated, manufactured and designed for such other purposes as expressly specified in this order. The City may return any nonconforming or defective items to the Seller or require correction or replacement of the item all the time the defect is discovered, all at the Seller's risk and expense. Acceptance shall not relieve the Seller of its responsibility. Warranty is one (1) year from the date of delivery to the designated project site or as otherwise provided by Florida or other law. 11. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder (including all labels, packages, and container for said goods) comply with all applicable standards, rules and regulations in effect underthe requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended with respect to design, construction, manufacture or use for their intended purpose of said goods or services. Seller shall furnish "Material Safety Data Sheets" in compliance with the Florida Right To Know Law, Florida Statute Chapter 442. 12. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend, with counsel of its own choosing, all suits and claims for infringement of any patent, copyright, or trademark rights and shall hold the City harmless from loss on account thereof. 13. INSURANCE. The Seller shall maintain insurance as specified or as otherwise required by the city. 14. PAYMENT. All payments will be made in accordance with the Florida Prompt Payment Act, provided for in the Florida Statutes as amended from time to time. 15. IDENTIFICATION. Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the face of this order otherwise payment of Seller's account may be delayed. The Purchase Order Number shall appear on all invoices, boxes, packages, shipping documents and correspondence, and the list of contents shall be enclosed in each box or package. 16. TERMINATION. Buyer may, at any time, terminate this order in whole or in part by written or telegraphic notice or verbal notice confirmed in writing. Upon termination for convenience of the Buyer: the Buyer will assume responsibility for specific contractual or scheduled financial commitments made prior to notice of termination. Any and all services, property, publications, or materials provided during or resulting from the Contract shall become the property of the Buyer. If, however, termination is occasioned by the Seller's breach or any condition hereof, including breach of warranty, or by Seller's delay, except due to circumstances beyond the Sellers control and without Seller's fault or negligence. Seller shall not be entitled to any claim or costs or to any profit and Buyer shall have against Seller all remedies provided by law and equity. 17. TAXES. The City is exempt from state and local taxes. Exemptions number is printed on the reverse side hereof. This Order shall serve as the exemption certificate. 18. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Florida. Rev 5-2025 Bill To Requisition 00008883-00 FY 2026 CITY OF SEBASTIAN ATTN: FINANCE IACCt NO: 1225 MAIN STREET 1163051-533420 SEBASTIAN, FL (Review: 32958 (Buyer: IStatus: Released Page 1 -------------------------------------------------------------------------------- vendor Ship To Aquatic vegetation Control, Inc City of Sebastian 1860 w 10th Street 505 Airport Drive west Sebastian, FL 32958 Riviera Beach, FL 33404 Tel#561-845-5525 -------------------------------------------------------------------------------- Date Ivendor (Date Iship I I ordered (Number (Required Ivia (Terms IDepartment -------------------------------------------------------------------------------- 10/14/25 1002358 1 I ISTORMWATER UTILITY DIVISION -------------------------------------------------------------------------------- LN Description / Account Qty Unit Price Net Price 001 Piggyback agreement with Aquatic 1.00 40525.00000 40525.00 Vegetation Control Inc. Via EACH Resolution R-24-40 for ground application. Services from Oct. 2025 - Sept. 2026. Approved by City Council 8 Oct. 2025. 1 163051-533420 40525.00 ship To City of Sebastian 505 Airport Drive west Sebastian, FL 32958 Requisition Link Requisition Total 40525.00 ***** General Ledger summary section ***** Account Amount Remaining Budget 163051-533420 40525.00 .00 Stormwater Utility Fund PEST/WEED CONTROL ***** Approval/Conversion Info ***** Activity Date Clerk Comment Queued 10/14/25 Cathy Testa Pending Jennifer Smith Pending Brian Stewart -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Bill To Requisition 00008883-00 FY 2026 CITY OF SEBASTIAN ATTN: FINANCE (ACCt NO: 1225 MAIN STREET 1163051-533420 SEBASTIAN, FL Review: 32958 jBuyer: status: Released Page 2 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- vendor Ship To Aquatic vegetation Control, Inc City of Sebastian 1860 W 10th street 505 Airport Drive West Sebastian, FL 32958 Riviera Beach, FL 33404 Tel#561-845-5525 -------------------------------------------------------------------------------- Date Ivendor ]Date ]ship I I Ordered (Number IRequired Ivia ]Terms IDepartment -------------------------------------------------------------------------------- 10/14/25 1002358 1 I ISTORMWATER UTILITY DIVISION ----------------------------------- -- 1--------------------------------------- LN Description / Account Qty Unit Price Net Price Authorized By: C, / Date: Brian DigitallysignedbyBnanBenton `Signature DfJ: c:%Brian Benton, c=US, o=City of Sebastian, Benton email=bbenton@cityofsebastian org Data zozs.i o. t a t ras:zz-oa'oo' 163a f - 512420 i (r CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE October 8, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Lee Plourde, Public Works Director Consideration of a purchase order for Aquatic Vegetation Ground Control Inc, for $40,525.00 to SUBJECT provide ground application services and authorize the City Manager or designee to execute EXECUTIVE SUMMARY On August 28, 2024, the Sebastian City Council approved a piggyback agreement with Aquatic Vegetation Control, Inc. via Resolution R-24-40 for ground application services. Staff is requesting authority to issue a purchase order not to exceed the budgeted amount of $40,525.00 so Aquatic Vegetation Control, Inc., can manage aquatic vegetation throughout the City. Invasive exotic and nuisance plants threaten the operation and maintenance of projects and the health and stability of the natural ecosystems of our waterways so it is in the best interest of the public to approve issuance of this purchase order. Staff is seeking approval to issue a purchase order in the amount of $40,525.00 under the existing piggyback agreement approved via Resolution No. R-24-40 and provide authorization for the City Manager to execute all appropriate documents. RECOMMENDATION Staff recommends that City Council approve a purchase order for Aquatic Vegetation Ground Control Inc, for $40,525 to provide ground application services and authorize the City Manager or designee to execute. ATTACHMENTS: 1. Procurement Justification 2. Aquatic Vegetation Control Rate Schedule 3. Resolution No. R-24-40 (Approved 8-28-2024) 1 I I % 01 Sfj3ASTj,NN 1-,OME OF PELICAN ISLAND PROCUREMENT JUSTIFICATION A Competitive Solicitation is a formal process that requires sealed bids, provides an equal and open opportunity to qualified parties, and culminates in a selection based on criteria. A Competitive Quote is an informal process that provides an equal and open opportunity to qualified parties and culminates in a selection based on criteria. DATE: September 29. 2025 ❑ Invitation to Bid (ITB) ❑ Request for Proposal (RFP) TYPE OF PURCHASE: ❑ Request for Qualification (RFQ) ❑ Invitation to Quote (ITN) ❑✓ Piggyback/Cooperative ❑ 3 Written Quotes PROPOSED VENDOR: Aquatic Vegetation Control, Inc. ITEMS OR SERVICES Ground Application Services REQUIRED: ADDITIONAL INFORMATION The City of Sebastian uses the South Florida Water Management District (SFWD)'s contract for ground application services. The City has an executed piggyback agreement. These proposed purchase comply with the piggyback/cooperative provisions as provided within Section 2-10 of the City code. SFWMD's contracts are competitively selected using procedures equivalent to those of the City of Sebastian. Approved: Digitally signed by Jessica Graham Date: 2025.09.29 09:02:52 -04'00' Jessica Graham, Procurement/Contracts Manager Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) 171 EI(Mff licit RATE Pasitlons Loaded Hourly Labor Rae Ldoeneed Supervisor $ 5. Crew Leader/Applicator SMOG Laborer $38.00 Hourly staff antes shall %alude data for. average pay rate, besamBt cons, t O&S and like OKPe , iomances databsse entry, Stet, equipment (Dort 4 wbs aMma% boat, Swamp Buggy, ATE%, Asap ATV or similavehh les, spray and communication equipment, GpS, Commvmicadon equipaommt, mast device (upon ' n of AVATAR unlew Povided by rite Di OOt Back packs, machates, =Wg and application fit, spray bottles, and all other safely eq t% and all other of the hourly rates. Both Sgmvim and Crew LeadaiA;pplicator rates include vdddes. All padoing of labor ftU eoccl & sates and use takes at both the State and Pedant levels aims do District is exew$ from payment of such tree. • ne Contractor shall charge for used hawswes Md. nt*anta at cost. Them will be a two M how chaMe for lost time due to incleavot weather which causes cancellation of a planned wodcby in the event the Coubractoes crew travels to the wank Site prior the cancellation. 4n days when the Contraction bas Mead work and pafi= fbr more d= two (2) hours, dw Contmotor shall chap die Dlotrict only for actual bows waged. No overtime is allowed. Billing for laborer begin upon commeacementof work (asrhml at boat ramp or Diehict pie). Tavel time to the Initial site shad not be bUled. Premium Bgs*ment Type: IJ& Cost: N, *Premium equipment rate does not include supervisor but rather subafitutes a premium vehicle for standard vehicle for this additional cost. Wafer Davit" Capacity M& Dotty Rate NM *$eacaludes operator. Licensed m4wvisorl4ppiicetor will use this equipment in addition to their application egtdp�onent. Cbstind Na 4600004968, robibit q Pap t of 1 151 172 RESOLUTION NO. R-24-40 A RESOLUTION OF THE CITY OF SEBASTILAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT Vi s jLjm AQUATIC VEGETATION CONTROL, INC. FOR GROUND APPLICATION SERVICES AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTAk.." HERETO AND MADE A PART HERE OF AS `,tigWai A."; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pursuant to Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county, or other govemrnental agencies; and �VHEItEAS, �c Vegetation Control, be. has an existing contract under the South Florida Water Management District effective through June 5, 2027 (with two (2) additional one (1) year renewal periods), see attached "Bxhibit A," that the City of Sebastian is seeking to piggyback for the pumhase of the above -referenced ground application services; and WHEREAS, the City finds it is in the City's best interest to enter into an agreement to contract between Aquatic Vegetation Control, Inc. and the South Florida Water Management District (a political subdivision of the State of Florida), see attached "Exhibit B," for ground application services when advantageous to the City. NOW, Y bt�aEFORR, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OIL SEBASTUN9 FLORIDA; SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract refereoced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the 173 and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to issue purchase orders to Aquatic Vegetation Control, Inc. in an amount not to exceed S 15,000, for ground application services in substantial conformity with the agreement attached herdo as "Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B. " SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4, SCRIVENEWS ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTIONS, EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , _MW , was seconded by Council Member McPartlan , and upon being put to a vote:, the vote was as follows: Mayor Dodd Vice Mayor Dixon aver Council Member Jones ave Council Member McPardan ave Council Member Nunn ... The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of August 2024. 2 149 174 A?TES T: �J ette Williams, City Clerk CITY COUNCIL OF THE CITY OF SESASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and Legality: J - nifer Cockcro , Esq., City Attorney 175 Aquatic vegetation Control, Inc City of Sebastian 1860 w 10th Street 505 Airport Drive west 061 EACH 1.00 52000.00000 52000.00 Piggyback agreement with Aquatic vegetation Control Inc. via Resolution R-24-40 for ground application services. Oct 2024 - Sept 2025 Approved by City council 4 Nov. 2024. PO Total 52000.00 ***** General Ledger Summary Section ***** Account Amount 163051-533420 52000.00 t-- U1! -- — -- - -- --- - -- - L AccEPTANCE OF PLIMPAS£ ORDER. A Pu due Order Is gh+en for immedh to acceptance by the Seller. Unless promptly tuafffted to the contrary, the City will asrarme the Seller accepts the order as written and wig malm delivery as specified on flee doexrm=L Z ElmRE; A6R MENr. AN ins, drawings and data submitted to the Self t0 this War or the sok axon of this order we hereby incorporated herein and made part hereof. This cantraot emtdo the entirp agreement of the parries. No dine In quwdl ft pubes. spadit dons, terms, or Shipp" humwdons will be allowed excoept an written authority of the City PumN&ft Depmtmc tt. Any adoonal or dlffetant term: and conditions proposed by the Seger are objected to and hereby i @Iac unlaw specificaily egrow to by the Car. 3. IDEMKOVATION. The Seller hereby ag+m to n*, save and held ham the city from all dahra, demands, liabilities and rib of any mature whatsoever arWng out of, bemuse of, or due to the breach of the Agreement by the Selleer, Its agents or empfeIerex or due to arty act of ... mrance of omission or commission of the SeRM Its agent: or etnplayeas. it Is sOedtiaally understood and agreed that this indemifirat'n, agreement does mot cww or kWWnu* the City for Its awn mote or lsteadh of contract 4. MODIFICATION. The City may by written Order maim changes In the speciftcagons, Bauch changes cause an bxesease or decrease In the seller's cast or in Ow time required for peftvm mx of Conte (a) the Seller shag promptly notify the Qty and assert Its claim for adjustment wlthln flfbm (15) cdwWar days and (b) an equitable adPAtmwt shag be made by the City and the Careered moOled eccordingiy. Nothing In thls dance shall excuse the Seger from perfinl bs S. DEFAULT. Time is of the essence of tits contrast and R delivery of acceptable Items at rendering of services Is ewe completed by the time promise4, the City reserves the fight without Ii & Wy, in addldon to its other rights and remedies to terrnlnaae this contract by notice effective when received by the Seller, as to stated ltenns not yet shipper! or services Trot yet rendered► and to purdhm substitute bons or services elsewhere sod dram the selletr with OW and all losses Inaerred. B. 1RANMRTAYM DIARGE5. Transportodorh o ..- - for elf Shipments shag be prepald to desdutle w SOWN sent C.O.D. ar freight colect without the Ckys written consent will not be accepted and will at Sedkrs risk and ex peme be returned to Seller. No tailless will be allowed by the City for tralaportatbru, padting, restage or contahne's unless otherwise arm in due Purdrese Order. 7. UNAVOMASU DELAY. If the Seller Is delayed in the de0my of grads purchased under the Purchase Oder b V a came beyond Its ear&4 Seller met immediately upon receiving k wvlesdge of such delay, give written no9ce to the City rend e+equest a reasonable extension of time. The Clgt shaft ear mine the request and determine if the Seller is etetltled to an exteeulom 8. QUA01M. "lrtlttes furnished in excess of time specifled In the Puntme Order will net be accepted and wig be held at Salters risk and expense. 9. IItWCTION. Materials or egedpnhent purchased are subject to Inspection and appraral at the CWs destination. The City reserves the right to reject and refuse acceptance of items which ere trot In accordance with logructlarts, sperciflrations, drawing or data of Sellers warranty. (vVess or lmpitrvfj. Rejected materbls or equtpowt small be removed by, or at the esrpense, of the Seller promptly after f1dection. 20. WARRANTY. The seller warrants that all goods and services fumished hereunder will conform in all expects to the terms and this order, including any drawings, specifications. or standards Incorporated her+eht, and that they wal be free fears lateen and pataht defects in materlats, wa*manship and title and s5 be free from such defects In design. to addtiott, Seller warrants that Bald goods and services are suitable for, and will perfarm in accordance with, the purpose tar which they are purdwe d, fabricated, manufactured and designad for such other purposes as expressly specified In this order. The City may return any ranmonfor11 lr�8 or defective Items to the Seiler or require correction or reptaoemeret of the k9m all the time the detect Is dbwvwW, all at the Sellers risk and expense. Acceptance "I not relleve the Sefkr of Its rosponsUMV. 11. REGULATORY COMPLIANCE. Seger represents and warrants that the goods or services fumMW her wsde3r (trtdudtng all labels, padwgts, and contalner for Bald goods) comply wtth all applicable standards, rules and regulations in effect under the rqutrements of oil Federal, State and local laws, rule: and regulatt m as spOkable, Fling the Occupational Safety and Health Act as amended wkh respect to dw4 n, eoroft w, manufacture or use for their InbrJed purpose of said goods or services. SeAer shag turntsh %%terlal Safety Date Sheets' Incomplhm with the Aatlda RWd Ta Know taw, Florida Statute Chapter 44Z 12. ROYALTIES AND PATENM Seller shall pay all foveltles $red ecense tees. Seller shall defend all suits and dalnms for Ird1ringemerht of a w patent copyright or trademark rights and shall hold the City harmless from loss on aceourht thereof. 33. INSURANCE. The Seiler shall rrh*dain Msurmnca as specified or as otherwise requited by the city. 14. PAYMENT. Payments will be evade within 30 days of the terms of the fare of this order. or the sellers fnvotce, whichever are more favorable to the City and payment date tlterefore shall be calculated from the receipt of Inv�olce or fhal acceptance of the goods, whichever is later. 15. MENTtFtCATIDN. Invoices in duplicate with prices set out and giving tire correct Purdhate Order Number must be sent to the address shown an the face of this order otherwise payment of sellers account may be delayed. The Purchase Order Number shall appear on all Invoices, boxes, padw&M shipping dooxnents and .. , , —k - , , , , ... and the list of eontwo shall be enclosed In each boar or padraga. 16. TERM1NATM. 8xxyer may, at any t1m4 terminate tilt order In whole at In part bN written or telegraphic nastier or verbal nonce confirmed in wtiths Upon terrnireation far eormnlence of the Buyer. the Buyer wig assume resporhsibliity for specift —rtI dual or scheduled flnandal commitments made pdor to raft of terrettmeon. Any and ail servieet, property, per, or nsabrials provided during or read tetg from the Contract shag become the property of the Buyer. If, howe wr, termination Is occasioned by the Seller's breach or any condition boreal, indudhg breach of warranty, or by Sei3at's delay, me, aq I dine to dreumonces beyond the Scorers control and wahout SetWs fault or rw&%erAe. Seiler shalt riot be entltlad to arty cialm or costs or to any profit and buyer dell have egattnt Seller all rernedles provided by law and equity. 17. TAXES. The City Is aowmpt from am and local tastes. Externpt m number Is printed on the reverse side hereof This Order shall serve as the exemption cerWicate. IS. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Florida.