HomeMy WebLinkAboutCity of Tamarac Resolution R-97-019TEMP. RESO. 7643
Revision #2 2/10/97
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- / 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; AWARDING THE PURCHASE OF
SCOTT 4.5 SELF-CONTAINED BREATHING APPARATUS,
INCLUDING PAKALERT KITS AND SPARE AIR CYLINDERS
FROM SAFETY EQUIPMENT COMPANY, A SOLE SOURCE,
AT A TOTAL COST OF $13,850.85; FUNDING FROM THE
GENERAL FUND; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, Scott is the manufacturer of current self-contained breathing
apparatus used by the city; and
WHEREAS, Safety Equipment Company is the only authorized Scott sales and
repair facility in Florida; and
and
WHEREAS, the fire department is now staffing up to five emergency vehicles;
WHEREAS, the self-contained breathing apparatus (SCBA) need periodic
maintenance and the fire department does not have spare scba units; and
WHEREAS, the total cost of purchasing three complete sets, including pak alert
kit, with nine extra bottles is thirteen thousand eight hundred fifty dollars and eighty-five
cents ($13,850.85); and
WHEREAS, available funds exist in the general fund budget for said purpose;
TEMP. RESO. 7643
Revision #2 2/10/97
and
WHEREAS, it is the recommendation of the Fire Chief and the Purchasing
Officer that this purchase be awarded to Safety Equipment Company of America; and
WHEREAS, City Code §6-151 allows the purchasing of noncompetitive supplies
available from only one source when the best interest of the City will be served; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the City of Tamarac to authorize the purchase of self-contained
breathing apparatus from Safety Equipment Company.
NOW, THEREFORE, BE IT RESOLVED BY THE 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 L Safety Equipment Company is awarded the purchase of three
complete Scott 4.5 Breathing Apparatus sets, including pak alert kit, with nine extra
bottles for thirteen thousand eight hundred fifty dollars and eighty-five cents
($13,850.85).
SECTION_I All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: 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 effect the validity of the remaining portions or applications of this
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TEMP. RESO. 7643
Revision #2 2/10/97
SECTION y: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /4 day of FChrw4RY, 1997.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREJW CERTIFY that I
MITCHE'LL' S. KRAFT
CITY ATTORNEY
Fire Department/PGF
RRY HKIN
VICE MAYOR
RECORD OF COMMISSION VOTE
MAMD
DST
DIST
DIET
DW
appmCed this RESOLUTION as to form.
EXHIBIT A
CONTRACT FD97-01
PAGE 1
12/18/96
AGREEMENT
BETWEEN THE CITY OF TAMARAC AND SAFETY EQUIPMENT COMPANY
FOR THE PURCHASE OF THREE SCOTT SELF CONTAINED BREATHING
APPARATUS AND ACCESSORIES
THIS AGREEMENT is made and entered into this _ 12 day, of E a rury, 1997
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 Safety
Equipment Company with principle offices located at 10106 USA Today Way,
Miramar, FI. 33035 (the "Vendor").
CITY intends to buy three (3) Scott 4.5 Self-contained Breathing Apparatus
(SCBA) with Pak Alert Kits at $3022.00 each and nine Kevlar 30 minute cylinders at
$531.65 each, totaling $13,850.85.
WHEREAS, CITY and VENDOR desire to set forth herewith the general terms
I* and conditions whereby VENDOR will sell to CITY three (3) Scott 4.5 SCBAs with pak
alert kits and nine (9) air cylinders.
NOW THEREFORE, CITY and VENDOR, in consideration of the mutual
covenants contained herein, agree in respect of the performance of the sale by the
VENDOR and the payment for the goods by the CITY as set forth below:
(1) VENDOR shall comply with the agreement and sell to CITY three (3) Scott 4.5
SCBAs with pak alert kits and nine (9) air cylinders for the total price of THIRTEEN
THOUSAND EIGHT HUNDRED FIFTY DOLLARS and EIGHTY FIVE cents
($13,850.85).
(2) The sale under this agreement shall be commenced after the execution of the
Agreement and after the date VENDOR receives the Purchase Order. The order shall
be filled within one hundred and eighty days (180) upon receipt of the Purchase Order.
(3) City shall pay in full the contract sum of $13,850.85 to VENDOR upon delivery of
the items listed in Paragraph 1 of this agreement.
(4) SCOTT warrants the SCOTT 4.5 Self Contained Breathing Apparatus to be free
from defects in workmanship and materials for the period of eight (8) years, under the
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EXHIBIT A
CONTRACT FD97-01
PAGE 2
12/18/96
conditions of the Certificate for Limited Warranty (exhibit 1). In the event that a failure
occurs, Vendor shall replace or repair within thirty days (30).
(5) VENDOR shall indemnify and hold harmless the CITY, 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 provided
equipment or the operations of the items listed in paragraph 1, excepting only such loss
of life, bodily or personal injury, or property damage solely attributable to the gross
negligence or wilful misconduct of the CITY or its elected or appointed officials and
employees. The above provision 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.
(6) VENDOR shall not transfer or assign the performance required by this
. agreement without prior written consent of CITY. This Agreement, or any portion
thereof, shall not be subcontracted without the prior written consent of CITY.
(7) This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
(8) VENDOR shall provide CITY with copies of requisite documentation evidencing
that the signatory for VENDOR has the authority to enter into this Agreement.
(9) Any provision in this Agreement that is 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 provisions 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 waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
(10) Should either party desire to give notice unto any other party, it must be given by
written notice, sent by registered, United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the places last specified, and the
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EXHIBIT A
CONTRACT FD97-01
PAGE 3
12/ 18/96
places for giving notice shall remain such until they shall have been changed by written
notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as their respective place of notice, to wit:
AS TO CITY:
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
AS TOVENDOR:
Juan Quesada
Safety Equipment Company
10106 USA Today Way
Miramar, FI. 33035
(11) This Agreement constitutes the entire Agreement between VENDOR and
CITY, and negotiations and all understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed and agreed to by VENDOR and CITY.
[The remainder of the page left blank intentionally.]
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EXHIBIT A
CONTRACT FD97-01
PAGE 4
12/18/96
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature. CITY OF TAMARAC through
its City Commission, signing by and through its Mayor, authorized to execute same by
Commission action on the 12 day of Fehruary 1997 and Hall -Mark Fire
Apparatus signing by and through , duly authorized to execute
same.
IGyK10+�
B &n
Carol A. vans
City Clerk
ATTEST:
Corporate Secretary
Type or Print Name
(Corporate Seal)
to
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CITY OF MARAC:
By:
Vice Ma or Larry Mishkin
Date: February 12, 1997___
Robert S. Noe, Jr.,
City Manager
Date:
Apprpvpd as to
City Attorn
I
By:
(a _'
ranch Manager
Type or Print Name