HomeMy WebLinkAboutCity of Tamarac Resolution R-96-187Temp. Reso. #7487 1
7/18/96
Revised 7/30/96
Revised 8/30/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- / D
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND HALL -MARK FIRE APPARATUS (A
SINGLE SOURCE COMPANY) FOR THE PURCHASE OF
THREE HOLMATRO RESCUE TOOLS AT A TOTAL COST OF
$22,500.00; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY: AND PROVIpIUQ FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to purchase three (3) Holmatro Rescue Tools, each
set including PPU-20 Power Unit, 16" section of Dual Hydraulic Hose and HCT 3150 Combi
Tool at $7,500.00 each, for a total cost of $22,500.00; and
WHEREAS, the total cost will be $22,500.00 and is funded under Account No. 001-223-
522-647 entitled "Special Equipment"; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the
best interests of the citizens and residents of the City of Tamarac that the City purchase three
(3) Holmatro Rescue Tools from Hall -Mark Fire Apparatus.
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: The appropriate City officials are hereby authorized to execute the
Agreement between the City of Tamarac, Florida, and Hall -Mark Fire Apparatus, for the
purchase of three (3) Holmatro Rescue Tools, for a total cost of $22,500.00. (A copy of the
1
Temp. Reso. #7487 2
7/18/96
Revised 7/30/96
Revised 8/30/96
Agreement is attached as Exhibit "A°)
SECTION 3: 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repealed to the extent of such conflict.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 affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this *N-01AN
�`�" 1916.
ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVA S
CITY CLERK
#`IEF EBY CERTIFY that I
ave r)roveathis
r*70_ T ��
1IT-CHELL S.1QRAI
CITY ATTORNEY
c:\userdata\wpdata\res\7487.ms
RECORD OF COMMISSION
MAYOR
DIST 1: ~'
DIST 2: U/M MISH KIN
DIST 3:
DIST 4:
�.56 /4P7
certificate for Lifetime Warrant y
for
i A 4. _. hydraulic rescue tools
Warranty:
HolmatrcP hydraulic rescue tools, parts and accessories are guaranteed against defects in material and workmanship for as long as owned by
the original purchaser.
The identity of the original purchaser and the date of purchase shall be established in each case by the return of the properly completed parts
2 and 3 of the warranty registration card.
Warranty Terms:
The obligations of Holmatro under this warranty include free replacement of the necessary parts and the shipping costs to return the
to the inspection
equipment user, provided the of the equipment has proved that the parts were defective at the time of purchase or were
improperly designed or manufactured. The warranty inspection can only be performed by a Holmatro' service center and shippingi" costs to a
Holmatro` service center will be for purchaser's account. Said warranty shall remain in effect only if (1) such goods are used normally and
properly in accordance with Hotmatre instructions as to maintenance and operation, whether given orally or set forth in manuals and
instruction sheets furnished by Holmatro, and (2) the purchaser gives prompt notice to Holmatro of any such defects and preserves and turns
over all allegedly defective goods, parts or items.
�i
Exclusions:
This warranty covers all defects in material and workmanship except:
Any damage occuring during shipments of the goods (for which claims shall be presented to the carrier).
Normal wear and tear parts and consumable parts and items including (without limitation) with respect to hydraulic tools, wearable parts
and accessories, all seal rings, plunger blocks, couplings and cutter blades.
Goods sold but not manufactured by Holmatro, such as the Briggs & Stratton engine (far which Holmatro shall make available to
purchaser those warranties made available to Holmatro by the manufacturer).
Damage caused by abuse, improper use or corrosion.
Damage caused by repairs performed by persons other than a Holmatro� service center or an official Holmatro factory -trained
i
distributor, or damage resulting from the use of parts other than genuine Holmatro® parts.
Damage as the result of improper or neglected reasonable maintenance.
I'
THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, AND HOLMATRO
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS, PERFORMANCE OR SUITABILITY FOR A
PARTICULAR PURPOSE.
i� \ v
Limitation of Damages:
HOlmatro's obligation under this warranty is limited to repair and/or replacement, at Holmatro's option, of any defective Holmatro®tool, part,
accessory or item, and under no circumstances, whether due to a breach of any warranty hereunder or any other cause, and whether arising in
(� contract or in tort (including negligence or strict liability) shall Holmatro be liable for (1) consequential or indirect loss or damage including, but
not limited to, loss of profits, loss of production, plant downtime, or liabilities to customers or other third parties, or (2) loss or damage arising out
of the sole or contributory negligence of the purchaser, its employees or agents, or any third party, or (3) any special or punitive damages of any
nature. If Holmatro determines, in its sole and final discretion, that the nature of the defect precludes remedy by repair and/or replacement,
(l Holmatro reserves the right to satisfy any warranty obligation by refunding the full purchase price, on return of all defective goods to Holmatro,
shipping costs prepaid. Any action for breach of warranty or other action must be commenced within one year after such cause of action arises,
except where applicable law would prohibit any such time restriction on the bringing of such an action.
Notices:
For all notices, information and inquiries concerning this warrant or Holmatro° service centers contact:
r/
Holmatro. Inc.
1110 Benfield Boulevard
Millersville, Maryland 21108
phone: 410-987-6633
fax: 410-987-1638
II
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EXHIBIT A
CONTRACT FD96-02
PAGE 1
Revision #1: 7/3/96
Revision #2: 7/16/96
Revision #3: 7/19/96
Revision #4: 8/5/96
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND HALL -MARK FIRE APPARATUS
FOR THE PURCHASE OF THREE HOLMATRO RESCUE TOOLS
THIS AGREEMENT is made and entered into this day of b
1996 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 Hall Mark
Fire Apparatus with principle offices located at 3431 NW 27 Avenue, Ocala, A 34475
(the "Vendor").
CITY intends to buy three Holmatro Rescue Tools: each set including PPU - 20
Power Unit, 16" section of Dual Hydraulic Hose and HCT 3150 Combi Tool at $7500.00
each, totaling $22,500.00.
WHEREAS, CITY and VENDOR desire to set forth herewith the general terms
and conditions whereby VENDOR will sell to CITY three (3)Holmatro Rescue Tools:
including PPU - 20 Power Unit, 16" section of Dual Hydraulic Hose and HCT 3150
Combi Tool.
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) Holmatro
Rescue Tools consisting of a PPU - 20 Power Unit, a 16" section of Dual Hydraulic
Hose and a HCT 3150 Combi Tool for the total price of TWENTY TWO THOUSAND
FIVE HUNDRED DOLLARS ($22,500.00).
(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 $22,500.00 to VENDOR upon delivery of
the items listed in Paragraph 1 of this agreement.
EXHIBIT A
CONTRACT FD96-02
PAGE 2
Revision #1: 7/3/96
Revision #2: 7/16/96
Revision #3: 7/19/96
Revision #4: 8/5/96
(4) Holmatro warrants the Holmatro Hydraulic Rescue Tools for as long as CITY
retains ownership of the tools, under the conditions of the Certificate for Lifetime
Warranty for Holmatro hydraulic rescue tools (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.
2
'e- S6-1a07
EXHIBIT A
CONTRACT FD96-02
PAGE 3
Revision #1: 7/3/96
Revision #2: 7/16/96
Revision #3: 7/19/96
Revision #4: 8/5/96
(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
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:
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
AS TQ VENDQR:
Mike Alsup
Hall -Mark Fire Apparatus
Po. Box 1770
Ocala, FI. 34478
(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.]
•
•
u
EXHIBIT A
CONTRACT FD96-02
PAGE 4
Revision #1: 7/3/96
Revision #2: 7/16/96
Revision #3: 7/19/96
Revision #4: 8/5/96
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, a thorized to execute same by
Commission action on the 1_ day of , 1996 and Hall -Mark Fire
Apparatus signing by and through T, duly authorized to execute
same.
ATTEST:
By:
Carol A. Evans
City Clerk
ATTEST:
Corp rate Secretary
t) W ET
Type or Print Name
(Corporate Seal)
4
Iff-V,
By:
Mayor Norman Abramowitz
te:
BY::
Robert S. Noe, Jr.,
0
City Manager
--/5?-91
ltchell S. Kra1
City Attorney
Type or Print Name