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HomeMy WebLinkAboutResolution_03-99/00_10/14/1999RESOLUTION NO. 3-99/00 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING THE PURCHASE OF Ii SIX (6) SETS OF FIRE FIGHTING PROTECTIVE CLOTHING TO SAFETY EQUIPMENT COMPANY OF I TAMPA, FLORIDA, IN THE AMOUNT OF $6,041. 82, PURSUANT TO CITY OF ORLANDO BID AWARD I #RFP97-323, HAVING A FY 1998/1999 GENERAL FUND BUDGET ALLOCATION OF $16,238 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTACT TO PURCHASE SAME. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Safety Equipment Company of Tampa, Florida Purchase Proposal in the amount of $6,041.82, pursuant to City of Orlando Bid Award of #RFP97-323, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby • approved and the Village Manager of the Village of Tequesta is authorized to execute a Contract to purchase the same. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember i Schauer who moved its adoption. The motion was ~ seconded by Councilmember Hansen ,and upon being put to a vote, the vote was as follows: I FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta I, Basil E. Dalack Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly • passed and adopted this 14th day of October, A.D., 1999. MAYOR OF TEQUESTA ~. ~, Ron T. Mackail ATTEST: .~ oann Mang iello Village Clerk MyDOCUments\Resolutions\3-98-99 EXHIBIT "A" RFP97-323 • ANNUAL AGREEMENT FOR PURCHASE OF OMEGA FIREFIGHTER TURNOUT GEAR THIS AGREEMENT, made this 7th day of October, 1997, by and between the City of Orlando, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City" and Safety Equipment Company, hereinafter referred to as the "Contractor", for the term specified herein, with the City having the option of extending this Agreement for another period of time, upon a mutual agreement of the parties, agree as follows: WITNESSETH: I. SCOPE The Contractor is to perform the Work as defined in the Request for Proposal and amendments, if any, the Request for Proposal and any amendments thereto being attached hereto as Exhibit "A", incorporated by reference herein and made a part thereof as fiilly as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, manpower, and consumables to complete the Work. II. TERM OF AGREEMENT The period of this Agreement shall be for thirty-six (36) months, beginning on October 1, 1997, and ending on September 30, 1998. This Agreement may, by mutual written assent of the parties, be extended for two (2) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months. At each renewal period, the Pricing Schedule shall be adjusted by the percentage of increase or decrease in the Consumer Price Index for Wags amers (~PI_W) for "All Items" in effect on the anniversary date. of the Agreement as compared to the Consumer Price Index for Wage Farners for "All Items" as of the twelve (12) month period ending December, 2000. III. COMPENSATION The Contractor agrees to provide the services and materials as specified in its proposal to the City at the cost specified in said proposal and amendments, if any, the proposal and • any amendments thereto being attached hereto as Exhibit "B", incorporated by reference STD-AGREEI~NT-RFp ANNUAL CONTRACT - PROFESS[ONAL SERVICES 3/97 RRl/ .3 Page 1 of 10 RFP97-323 B. Indemnity The-Contractor hereby agrees to indemnify and save harmless the City, its officers, agents, and employees, from and against any and all liability, claims, demands, damages, fcnes, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney's fees for trial and on appeal, of any kind and nature arising or growing out of or in any way connected with the performance of this Agreement whether by act or omission of the Contractor, its agents, servants, employees or others, or because of or due to the mere existence of this Agreement between the parties. C. ermination for fa ~It _ 1. The performance of Work under this Agreement may be terminated by the Director of Purchasing, in whole or in part, in writing, whenever the Director of Purchasing shall determine that the Contractor has failed to meet the performance requirements of this Agreement. 2. The Director of Purchasing has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the ' Agreement, or if the Contractor fails to perform any other provisions of the Agreement. D. Te ination for -onv i nce The City may terminate this Agreement at its convetience with advance written notice to the Contractor. In the event of ~ such a termination by the City, -the City shall be liable for the payment of all Work properly performed prior to the effective date of termination. E. qty The Contractor warrants that the Work provided shall conform to professional standards of~ care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. STD-AGRFFMQ~IT-RFP ANNUAL CONTRACT - PROFFSSIONAL SIIiV[CES 3/97 REV .; Page 3 of 10 ItFP97-323 • F. Time of Com 1 ion The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, • the .Director of Purchasing may at his discretion, cancel this Agreement for the convenience of the City. G. 1(ncT~rance Re~;~irementc: The Contractor, at its own expense, shall keep in force and at all times maintain during the term of this Agreement: a. Pnb i iab'lity in~Lrance: Public Liability Insurance, issued by responsible insurance companies and in a form acceptable to the City, protecting and insuring against all the foregoing with combined single limits of not less than Five-Hundred Thousand Dollars ($500,000) for Bodily Injury and Property Damage. b. Automobile Liability nsurance: Automobile Liability coverage shall be in the minimum amount of Three-Hundred Thousand Dollars ($300,000) combined single limits for Bodily Injury and Property Damage. • S-[~-AGREQatZ:1'IT-RFP ANNUAL CONTRACT - PROFESSIONAL SIItVICES 3/97 RSV .z Page 4 of 10 ItFP97-323 • c. Workers' CompeiLCation Coverage: Full and complete Workers' Compensation Coverage, as required by State of Florida law, shall be provided. d. jns~~rance Cert'fcates: The Contractor shallprovide the City with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) acceptable to the City. Said Public Liability policy shall provide that the City be an additional named insured. The City shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are acceptable to the City and licensed and authorized to do business under the laws of the State of Florida. H. Acre an • The City will be deemed to have accepted the Work after the Director of Purchasing is notified by the using City department of its satisfaction that the work for their respective department is completed. I. Carrectio of Work The Contractor shall promptly correct all Work rejected by the City as failing to conform to this Agreement. The Contractor shall bear all costs of correcting such rejected Work. J. Rjght to Atdit Records The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of this Agreement or any sub-contract to this Agreement. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under this Agreement and by the sub-contractor for a period of. three (3} years from the date of final payment under the sub-contract unless a • shorter period is otherwise authorized in writing. S7'QAGRF~VT-RFP ANNUM. CONTRACT - PROFESSIONAL SQtvICES ;.~ Rll/ .3 Page 5 of 10 RFP97-323 • g. Tim is of the FSS The parties agree that time is of the essence in the completion of the Work called for under this Agreement. The Contractor agrees that all Work shall be prosecuted regularly, diligently, and unintemipted at such a rate of progress as will ensure full completion thereof within the time specified. All information and data furnished to or developed for the City by the Contractor or its employees, pursuant to this Agreement, excluding previously Copywritten materials, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents. j~j, F.~rtra Work The City, without invalidating this Agreement, may order changes in the Work • within the general scope of this Agreement consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by written Addendum to this Agreement, and shall be executed under the applicable conditions of the Agreement. If the Contractor plans to make a claim for an increase in the Agreement price or an extension in the Agreement Schedule/Term, he shall first give the City written notice thereof, such notice shall be given within ten (10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the City Director of Purchasing, before proceeding to execute the Work. No claim for extra work will be considered valid by the City unless first submitted in writing. lY. Famitiari With The Work The Contractor by executing this Agreement, acknowledges full understanding of • the extent and character of the Work required and the conditions surrounding the STD-AGREFMFl~I'-RFY ANNUALCONTRACT PRO~sS[oNAL SQtviCFS page 6 of 10 3197 REV .3 ItFP97-323 • performance thereof. The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of this Agreement by the Contractor serves as his stated commitment to fulfill all the conditions .referred to in this Agreement. d. Title and ick of .ncc The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. - VI. MISCELLANEOUS PROVISIONS A. The Contractor shall not employ subcontractors without the advance written permission of the Director of Purchasing. B. Assignment of this Agreement shall not be made without the advance written consent of the Director of Purchasing. C. The Contractor shall comply with all applicable federal, state and local laws, • ordinances, rules and regulations pertaining to the performance of Work under this Agreement_ D. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the Director of Purchasing or his designee. E. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. F. All disputes between the parties shall be resolved in accordance with the City Purchasing Code, (Chapter 7 of the City Code). G. This Agreement is considered anon-exclusive Agreement between the parties. H. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. • S7D-AGR~IT-REP ANNUAL CON77tACT - PROFESSIONAL SERVICES 3~~ R~r .s Page 7 of IO 1tFP97-323 • I. Any litigation arising out of this Agreement shall be had in the Courts of Orange County, Florida. J. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or pers~~n who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that he/she is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. K. This Agreement,- including Exhibits "A" and "B", contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind - either party hereto. • • STD-AGREFF]~lVT-RFP ANNUAL CONTRACT - PROFESSIONAL SFRViCES sro~ REV ., Page 8 of 10 RFP97-323 • 1N WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date First written above. OFFICE OF PURCHASING AND MATERIALS MANAGEMENT CITY RLANDO, O sy: D' or f Purchasing Name, or ted c Date: ~ /~ / CONTRACTOR Signature Name & Title, Typed or Printed Name of Company, Corp., etc. Mailing Address • City, State and Zip Area Code/Telephone Number SEAL ATTEST: (Signature of s~ond corporate official if applicable) Signature Name & Title, Typed or Printed APPROVED ~AS TO FORM AND LEGALITY . for the use and reliance of the City of Orlando, FloridaG, only. f l~~l . 191 ~ ~~ ~.•~C~~d CITY A1'I'~RNEY ORLAND ,FLORIDA STD-AGREF~tFNT-REP ANNUAL CONTRACT - PRDfFSSIONAL SF3IVICES „4, R>;l/ .3 Page 9 of 10 RFP97-323 (Type of Identification*) as identification and (did) (did not) take an oath. r WITNESS my hand and official seal .this ~ day of U 19~. ($FAT•) Signat~reAOf erso T in Acknow gment Typed Print _ Ackn led nt M Co '`s r a ' • _ e wsuc~~"Q7'ed e~ ~;:~~ tm vC -.o. CC5:e=35 t~vsrur"pKrw.n ~~'~~ ~ Title/Rank of ~ , f v G. or Stamped Name of Person Taking Taking Acknowledgment *Acceptable Form of ID pursuant to Florida Statute 117.05 (provided it ie current or has been issued within the past 5 years and bears a aerial or other identifying number): • a driver's license or non-driver's ID card issued by Florida or any other U.S. state or U.S. territory; • a U.S. passport or a foreign passport stamped by the U.S. Immigration and Naturalization Service; • a U.S. military ID card; • a Canadian or Mexican driver's license issued by an official agency; • for an inmate in custody, an ID card issued by the Florida Department of Corrections; • an ID card issued by the U.S. Immigration and Naturalization Service. • STD-AGR~IT-RFP ANNUAL CONTRACT - PQor~s„°NALSSxvtcES Page 10 of 10 RFP97-323 • Addendum Number One June 3, 1997 The rates guaranteed to the City by the Contractor for the initial Contract period as outlined below: Initial Purchase: UNIT PRICE -TOTAL 1. 326 Ea. Bunker Coats $ ~ ~ ~ ~ C O $ 1 5 ~.~ ~ ~ ~ • G 0 2. 326 Ea. Trousers $ ~ ~ ~ • ~ 0 $ ~~ ~. ~~g - vU TOTAL $ a `~ 1. ~ V 3 • c7 U 3. Any Bunker Gear in addition to the original purchase will be purchased at the following prices • during the initial thirty-six month period: Bunker Coats $ 5 ~ U • U ~ each Trousers $ 3 g0 • y U each 4. Each proposer must submit with his proposal a manufacturer's price list for components of bunker gear and guarantee's that the City shall receive 5° % discount off of list. lY4TE_l: When the Orlando Fire Department orders Turnout Gear, .the Contractor must meet the following turn around time: 0 to 200 - 2 months to complete order 201 to 400 - 3 to 4 months to complete order NOTE 2: Each Fire Department Civil Service employee must be pre-measured by a person trained in taking measurements, prior to an order being placed. Page S of 7