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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 SECTION_I All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 1 1 1 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 1 p_g'7- / g 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 i2 'Z C) -7- I `1 �J 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.] 3 9"71y 1.1 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 4 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