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HomeMy WebLinkAboutOrdinance 4674 ORDINANCE NO. 4 6 7 4 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD AN EXTENSION OF A CONTRACT WITH DYCHEM INTERNATIONAL THROUGH THE END OF 2005 WHEREAS, Dychem International was selected by competitive bidding in 1998 and awarded a contract renewable through December 31 , 2003 for automatic drive through wash equipment; and WHEREAS, the City Council, by Ordinance No. 4566, waived competitive bidding and extend the contract through the end of 2004; and, WHEREAS, city staff have continued to examine other options but have not yet found a succes4ful alternative; and WHEREAS, it would be in the best financial interest of the City to extend the current contract with Dychem International through December 31 , 2005 rather than competitively bid this contract now. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby determines that an exceptional situation exists in which competitive bidding is not deemed feasible or practical and the City Council hereby waives the requirements for competitive bidding and awards a one year extension of the current Hydro Shock Fleet Washing System Lease and Chemical Purchase Agreement entered into on June 2, 1998 so that this contract will be in effect until December 31 , 2005 . PASSED and APPROVED this the 1 " day of February 2005 . APPROVED : 0S<i'. =�: By: ; FAYETTEVILLE ; D COODY, Mayor L� �00-1 aAh ATTEST: '� ."',KgNSP0 Jam; By: SONDkA SMITH, City Clerk 0 9 CONTRACT EXTENSION FOR HYDRO SHOCK FLEET WASHING SYSTEM LEASE AND CHEMICAL PURCHASE AGREEMENT THIS LEASE/PURCHASE AGREEMENT EXTENSION is made and entered into this 7t' day of February, 2005 by and between Dychem International , Inc. ("Lessor") and the City of Fayetteville ("Lessee"). Both parties agree to all the terms and conditions specified in the original agreement dated June 2 , 1998. Both parties agree that the agreement shall be extended from January 1 , 2005 to December 31 , 2005. Fayetteville City Council has passed and approved Ordinance No. 4674 allowing the waiver of competitive bidding and awarding an extension of the contract. DyChem International Inc. , Lessor City of Fay tteville, Lessee By: l By: Title: Mike Dunlap, Vice President Dan Coody, Mayor Date: 2 ] — D S Date: Ty�p.� Attest: nn Attest: By: acaJ By: Title: ana Opoulos, Customer Svc. Sondra Smith, City Clerk Date: 7 OS Date: oZI/7lOS C,\T Y pF SGS Z �= FAYETTEVILLE • �yygRKANSPS J=;` �j FLEET OPERATIONS ev e1525 S . Happy Hollow Road Fayetteville , AR 72701 ARKANSAS Interdepartmental Correspondence To: Mayor/City Council Thru : Gary Dumas, Director of Operations From: David Bragg, Fleet Operations Superintendent Date: January 11 , 2005 Subject: Extension of Drive through Equipment Wash Contract RECOMMENDATION : That City Council approve a one year extension of an existing contract with DyChem International for drive through equipment wash supplies and equipment. BACKGROUND: By Resolution 68-98, City Council entered into a contract with DyChem International to furnish a drive through wash bay in the Fleet building and for exclusive purchase of chemical supplies for the operation of the wash equipment. The contract ended December 31 , 2003. Fleet staff began a search for alternative equipment and contractors in August, 2003. A trial period with an on site mobile washing contractor during January and February 2004 was not successful. By Ordinance #4566, City Council extended the contract until December 31 , 2004. During 2004, Fleet Staff researched washing alternatives and sent out a request for proposal. Proposals were received August 16, 2004. Fleet staff visited two facilities with the types of vehicle washing equipment that is under consideration. The Equipment Committee requested further information on costs of the systems at the -meeting in November. This information is currently being researched . In order to keep the existing system operating, it is recommended that the City extend the existing contract with all of its terms and conditions for a period of one year, ending December 31 , 2005. Contract terms allow for termination upon 60 days written notice, allowing an earlier transition to a new system. DyChem has provided written agreement to the proposed extension. Funds are available in the operating budget for ongoing washing of equipment under this contract. c&47 0 ORDINANCE NO, AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD AN EXTENSION OF A CONTRACT WITH DYCHEM INTERNATIONAL THROUGH THE END OF 2005 WHEREAS, Dychem International was selected by competitive bidding in 1998 and awarded a contract renewable through December 31 , 2003 for automatic drive through wash equipment; and WHEREAS, the City Council, by Ordinance No. 4566, waived competitive bidding and extend the contract through the end of 2004; and, WHEREAS, city staff have continued to examine other options but have not yet found a successful alternative; and WHEREAS, it would be in the best financial interest of the City to extend the current contract with Dychem International through December 31 , 2005 rather than competitively bid this contract now. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby determines that an exceptional situation exists in which competitive bidding is not deemed feasible or practical and the City Council hereby waives the requirements f, r competitive bidding and awards a one year extension of the current Hydro hoffl FD t Washing System Lease and Chemical Purchase Agreement entered int J une , 1998 so that this contract will be in effect until December 31 , 2005 .1 10K PASSED and APPROVED this the ls` day of February 2005 : APPROV ' ' i `D, re00DY, Mayor ATTEST: 11 By: S 05NDUSMITH, City Clerk 01/11/05 ' 17 : 08 FAX 801 599 0510 CP INDUSTRIES 0002/002 DyChem Dychun Inwnawnal. Inc. 580 North .SW west Sep lake Qty. Utah 86716 (581) 521-0315 (BOIL) 4534505 (801) 32&8503 FAX City of Fayetteville Attn: David Bragg Fleet Operations Superintendent 1525 South Happy Hollow Fayetteville, AR 72701 January 11 , 2005 Dear Mr. David Bragg, DyChem International is willing to extend the contract with the City of Fayetteville for the year 2005. The contract may be terminated provided either the City of Fayetteville or DyChem International gives a 60-day written notice. Sincerely, /000� d Lieber President FIJjo ORDINANCE NO. 4566 MICROFILMED AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AWARD AN EXTENSION OF A CONTRACT WITH DYCHEM INTERNATIONAL THROUGH THE END OF 2004 WHEREAS, Dychem International was selected by competitive bidding in 1998 and awarded a contract renewable through December 31 , 2003 for automatic drive through wash equipment; and WHEREAS, city staff' examined other options in early 2004 but have not found a successful alternative; and WHEREAS, it would be in the best financial interest of the City to extend the current contract with Dychem International through December 31, 2004 rather than competitively bid this contract now. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby determines that an exceptional situation exists in which competitive bidding is not deemed feasible or practical and the City Council hereby. waives the requirements for competitive bidding and awards a one year extension of the current Hydro Shock Fleet Washing System Lease and Chemical Purchase Agreement entered into on June 2, 1998 so that this contract will be in effect until December 31, 2004. PASSED and APPROVED this the 4m day of May, 2004. APPROVED: �����•G\3Y Oo•. By. (j: •��jD ; FAYEfIEVILLE ; = D "yjyor ATTEST: By. SO DRA SMITH, City Clerk CONTRACT EXTENSION FOR HYDRO SHOCK FLEET WASHING SYSTEM LEASE AND CHEMICAL PURCHASE AGREEMENT THIS LEASE/PURCHASE AGREEMENT EXTENSION is made and entered into this ;;Zte_ day of �, 2004 by and between Dychem Intemational, Inc. ("Lessor") and the City f Fayetteville ("Lessee"). Both parties agree to all the terms and conditions specified in the agreement dated June 2, 1998. Both parties agree that the agreement shall be extended from May 1 , 2004 to December 31 , 2004. Fayetteville City Council has passed and approved Ordinance No. 4566 allowing the waiver of competitive bidding and awarding an extension of the contract. A copy of the original Agreement is attached as Exhibit A. DyChem International Inc., Lessor City of Fayetteville, Lessee By: By Dan Coody, Ma r ate: a�/ sYlY1n� y Date: a Attest: Attest: By: By. - �L /U I Title: Sondra Smith, City Clerk Date: / 94y ,t o o y Date: R . *goo Oee F . • FAYErrEVILLE ; �%s°9RKANSP�'J�'I � uuuuu� VAA 6U1 539 0510 GY INDUSTRIES 10002 FA->c L3 hem &Oman u,bmauorm6 Inc. . 660 path 500 West SaB LWW ak Utah 84116 (801) 521-0315 (800) 1534606 (601) 928.9503 FAX City of Fayetteville Attn: David Bragg Fleet Operations Superintendent 1525 South Happy Hollow Fayetteville, AR 72701 April 14, 2004 Dear Mr. David Bragg, DyChern International is willing to extend the contract with the City of Fayetteville for the year 2004. The contract may be terminated provided either the City of Fayetteville or DyChem International gives a 60-day written notice. Sincerely, Pied Lieber President FUjo RESOLUTION NO. 68 - 9 R MICROFILMED -H t � .v A RESOLUTION AWARDING BID NO. 98-37 TO=DYCHEIvI�=Y . INTERNATIONAL, INC. TO PROVIDE FOR �T®MATIC 1pRT�V j1!t OUGHrW�7 HEQ[Jipl�lEN , ITEM NO. I AND 2 AT NO CHARGE; AND SUPPLIES, ITEM NO. 3, HYDRO WASH A (BULK) @ $5.00 PER GALLON, HYDRO WASH S (BULK) @ $5.00 PER GALLON, TRD (OPTIONAL) @ $12.75 PER GALLON, ELBOW GREASE BULK (OPTIONAL) @ $5.50 PER GALLON. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section1. That the City Council hereby awards Bid No. 98-37 to DYCHEM International, Inc. to provide for automatic drive through wash equipment, Item No. 1 and 2 at no charge and supplies, Item No. 3, Hydro Wash A (bulk) @ $5.00 per gallon, Hydro Wash S (bulk) @ $5 .00 per gallon, TRD (optional) @ $ 12.75 per gallon, Elbow Grease Bulk (optional) @ $5 .50 per gallon; and authorizes the Mayor and City Clerk to execute a Washing System Lease and Chemical Purchase Agreement. A copy of the leasetagreement is attached hereto marked Exhibit "A" and made apart hereof. PASSED AND APPROVED this 2,!�_ day of June APPROVED- ".6. /J 'sof By: liv�/ i✓ wk; b : Fred Hanna, Mayor A.7TEST• Heather Woodruff, i v Clerk m O ;a • • S ToC Z� O gy b r - m a C qS N n O C m '_I D i 3 � b o 6 A � C t` y O � , s �aa ' m _ p O M N � m � tnD c �co 1 x c e O m O O m m O b a EXHIBIT A HYDRO SHOCK FLEET WA HE SYSTEM LEASE AND CHEMICAL PTR AGRF bMr`rr THIS LEASE/PURCHASE AGREEMENT is made and entered into this day of 1998 by and between DyChem International, Inc. ("Lessor") and the City of Fayetteville ("Lessee"). WHEREAS, Lessor is engaged in the business of manufacturing and installing hydro shock fleet washing systems ("System") and the detergents to operate System ("Detergents"); and, WHEREAS, Lessee desires to lease a System and purchase Detergents. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, Lessee and Lessor agree to the terms and conditions as set forth herein: 1 . System Equipment. The System equipment shall include that equipment listed in Addendum "A" attached hereto and made a part hereof. 2. Lease Fees. The System shall be provided to Lessee at no monthly charge; however, Lessee agrees to a minimum monthly purchase of Detergent. 3 . Term/Termination. This Lease/Purchase Agreement shall remain if effect until December 31 , 1998 and shall automatically renew, subject to Lessee's budget approval, for a period of one (1) year, (the "Principal Term"). Thereafter this Lease/Purchase Agreement shall automatically renew for four (4) one ( 1) year terms, subject to Lessee's budget approval. The parties shall have the right to terminate this Lease/ Purchase Agreement upon sixty (60) days written notice, at any time following the completion of the Principal Term. 4. Installation. Lessor shall provide the System including all parts and equipment, as well as all labor to fully install the System and make it fully operational. Lessee shall provide the items contained in Addendum `B" attached hereto and made a part hereof. 5. Ownership of System. All parts and equipment which constitute the System shall remain the sole and separate property of Lessor. At no time shall they be considered fixtures, but instead shall constitute personal property. The title to the System shall remain with Lessor exclusively. This Lease/Purchase Agreement shall in no way imply a right to purchase the System, any such right is hereby expressly denied. At the termination of this Lease/Purchase Agreement, Lessor shall remove the System from Lessee's premises, together with all parts and equipment appurtenant thereto. Removal shall be performed in a workmanlike and reasonable manner and shall be removed within 30 days from termination of this Lease/Purchase Agreement. Lessee agrees to execute a UCC- 1 form acknowledging Lessor's ownership interest in the System equipment.