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Home My WebLink AboutR-1989-077 p Y {iI I RESOLUTION NO. 77-89 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, j APPROVING AQUATIC SERVICE AGREEMENT BETWEEN AQUATIC SYSTEMS , INC. , AND CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain acquatic service agreement by and between Aquatic Systems , Inc. , and the City of Dania, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 13 day of June, 1989 . 'MAYURii / a - COMM3'SSI �1 ATTEST: CIiy CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS : C. � FRANK C. ADLF.R, City Attorney I Resolution No. 77-89 i J a Aquatic '3-,,7stems, Inc. i5nl'1 fr�!llll�'!1 CIS �i`I'1'li.i'S :III�� Prodm tI WATERWAY MANAGEMENT PROGRAM City of Dania Dania, Florida mp,i n rr Al r r ! I'irr.c / tl rl .i n r- I'r r ,r, bur_ I Ai !,imi I'ri 1 Aquatic Systems, Inc. 1(800)432-4302 680 N.E. 42nd Street Pompano Beach,Florida 33064 —(305)785-3374 — Aquatic Services Agreement THIS AGREEMENT made the date set forth below, by and between Aquatic Systems, Inc a Florida Corporation, hereinafter called "ASI", and City of Dania #0114-1 100 Dania Beach Boulevard FIFTEEN MONTH CONTRACT Dania,Florida 33004 Mr. Robert Fladey (305)921-8700 hereinafter called"Customer". The parties hereto agree as follows: I. ASI agrees to manage certain lake(s) and/or waterway(s) for a period of One Year in accordance with the terms and conditions of this Agreement in the following location: Six lakes (6,520 total linear foot perimeter) located at City of Dania in Dania, Florida. 2.Minimum of TWELVE inspections with treatment as required(approximately once every 30 days). 3.CUSTOMER agrees to pay ASI,its agents or assigns,the following sum for specified water management service: Algae and Aquatic Weed Control $216.00 Monthly Shoreline Grass Control to die Waters Edge Included One Water Chemistry Test Yearly Included One Bacteria Test Yearly Included Management Reporting Included TOTAL PROGRAM INVESTMENT $216.00 Monthly $216.00 shall be due and payable upon execution of this Agreement; die balance shall be payable in advance in equal and consecutive monthly installments. N••� This Agreement shall have as its effective date the first day of the month in which services are first rendered to CUSTOMER. The contract price has been equally spread over a 12-month payment period and does not reflect the actual fluctuating seasonal costs of service. invoice date. Collection terms are net one (1) month from The offer contained herein is withdrawn and this Agreement shall have no further force and effect unless executed and returned by CUSTOMER to ASI within thirty(30)days. 4.ADDENDUM: Please read and initial die attached Aquatic Systems' Agreement Addendum. Was on a Month-to-Month Basis- New Contract Date - 07/01/89 to 09/30FI0: 05/30/89 RB Renewal Date Was: 01/01 90 RB ------------ — Aquatic Systems, Inc Signature City Flanager Authorized Customer's Sign.t re Title Robert Flatley 6/14/89 Print Signature Da[e CITY OF DANIA Print Company Name Addendum to Aquatic Services Agreement 1. The AQUATIC SYSTEMS' "Aquatic Vegetation Control Program" will be conducted in a manner consistent with good water management practice using the following methods and techniques when applicable: Periodic treatments to maintain reasonable control of excessive growth of aquatic vegetation. CUSTOMER understands that some vegetation is required in any body of weer to maintain a balanced aquatic ecological system 2. AQUATIC SYSTEMS agrees to commence treatment within fifteen (15) days (weather permitting) from the due of receipt of signed Agreement. 3. Under "shoreline gran control program," AQUATIC SYSTEMS will treat border grasses and brush. Certain plants, such as grasses and catails, leave visible structure which may take several seasons to decompose. CUSTOMER is rerpordible for removing such structure if desired 4. Wee use restrictions titer treatment we not often required When restrictions we required, AQUATIC SYSTEMS will notify CUSTOMER wing signs. It is the CUSTOMER's responsibility to maintain the posted signs throughout the required period. AQUATIC SY does not assume any liability for faihme by any parry to be notified of,or to observe,the above regulations. 5. Customer agrees that the services to be provided are for the bernefit of CUSTOMER regardleu of whether CUSTOMER has direct legal ownership of the water ate-, specified In the event that CUSTOMER does not directly own the areas where services are to be provided, CUSTOMER warnrus and represens that he has control of these areas to the extern that be may authorize the specified services and agrees to hold AQUATIC SYSTEMS hamdeas for the consequences of such services not arising out of AQUATIC SYSTEMS'sole negligence. 6. Neither patty shall be responsible in damages, penalties or otherwise for any failure or delay in the performance of any of its obligations hereunder caused by stripes, riots, war, acts of God, accidents, governments) order and regulations, curtailment or failure to obtain sufficient material or other cause (whether or not of the same class or kind as those set forth above) beyond is reasonable control and which, by the exercise of due diligence, it is unable to overcome. Should AQUATIC SYSTEMS be prohibited, restricted or otherwise prevented from rendering specified services by any of the conditions, AQUATIC SYSTEMS shall notify CUSTOMER of said condition and of the excess direct costs arising therefrom CUSTOMER shall have th'uty (30) days after receipt of said notice to terminate this Agreement by so notifying AQUATIC SYSTEMS in writing. Upon termination, any advance payments made for services which would have ban rerdered CUSTOMER after date of termination shall include, without limitation, increased material and transportation Boss resulting from the supplementary supply conditions. 7. AQUATIC SYSTEMS, at is expense, shall maintain the following insurance coverages: Workman's Compensation (statutory limis�Genial Liability,Property Damages Products and Completed Operations ISsbmliry,and Automobile Liability. 8. If a any time during the term of this Agreement,CUSTOMER feels AQUATIC SYSTEMS is not performing in a satisfactory mummer. I or in accordance with the term of this Agreement, CUSTOMER shwa inform AQUATIC SYSTEMS by certified marl, return mceipt requested, stating with particularity the reasons for CUS7'OMER's dissatisfaction. AQUATIC SYSTEMS shall investigate and attempt to cure the defect. If, after 30 days from time givinp of the the original notice. CUSTOMER continua to feel AQUATIC SYSTEMS' Performance is unsatisfactory,CUSTOMER may terminate this Agreement by giving notice("second Notice")to AQUATIC SYSTEMS and paying all monies owm4 to the effective due of termination. In this event, the effective date of termination shall be the last day of the month in which said second notice is received by AQUATIC SYSTEMS. 9. AQUATIC SYSTEMS agrees to hold CUSTOMER harmless from any loss, damage or claims arising out of the sole negligence of AQUATIC SYSTEMS: however, AQUATIC SYSTEMS dal) in no event be liable to CUSTOMER. or others, for ianbmct, special or consequential damages resulting from any cause whatsoever. 10. AQUATIC SYSTEMS reserves the right io uses a service charge, not to exceed 1-1/2% of any delinquent arnmat(t) ouratading for a period of thirty(30)days from the invoice date. 11. CUSTOMER agrees to pay any goverment tax hislud ng sales tax. 12. Collection terns are net one(1)month from Invoice due. 13. Should it become necessary for AQUA77C SYSTEMS to bring action for collection of monies due end owing rode this Agreement, CUSTOMER agrees to pay collation costs, mclding, but rot limited to. reasonable attorneys' fees (including dim on appeal) and court toss th,and all other expenses inured by AQUATIC SYSTEMS resulting from such collection actin 14. CUSTOMER agrees to pay invoice promptly. Ifdelinquent more than sixty(60)days AQUATIC SYSTEMS may canal Agreement 15. This contract price has been equally spread over a twelve (12) month payment period ad does not reflect the actual fluctuating seasonal cow m of site. 16. This Agreement constitutes the entire agreement of the parties hereto and no oral or written altrntions or modifications of the terms contained herein shall be valid aden made in writing and accepted by on authorized representative of loth AQUATIC SYSTEMS and the CUSTOMER. Aquatic System;Inc. Slgaaure Autborlrad Customer's InItlab Data