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Home My WebLink AboutR-02-0079J-02-065 0./16/02 RESOLUTION NO. 02— 7 9 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5 THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF PARATECH RESCUE PNEUMATIC STRUTS AND ACCESSORIES FROM TEAM RESCUE EQUIPMENT, INC. FOR THE DEPARTMENT OF FIRE -RESCUE, IN THE AMOUNT OF $9,363.60; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT FEE. HE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a four-fifths (4/5th8) affirmative vote of the Miami City Commission, the City Manager's finding of an emergency, waiving the requirements for competitive sealed bidding procedures and approving the procurement of Paratech Rescue Pneumatic Struts and accessories from Team Rescue Equipment, Inc. for the Department of Fire -Rescue, in an amount not to exceed $9,363.60, is ratified, approved and confirmed, with funds allocated from Capital Improvement Project No. 313304, 7aSi aJs u+i:'3 1 j4M )� 2M €lamoLutlen Ido. 02- 79 US C7 9 Account Code No. 289401.6.840, as funded by the Fire Assessment Fee. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayorl�. PASSED AND ADOPTED this 24th day of January ATTEST: WA ER J. FUEMAN CIR CLERK E)/S ,FORM AND CORRECTNESS: K: NDS VILARELLO ITY ATTORNEY W5940:tr:LB WAGIP-4 MANUEL A. DIAZOnAYOR l� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 02- 79 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission RECOMMENDATION DATE : dAN' 1 44 K02 FILE: FM-167.doc SUBJECT: Ratify, Approve, and Confirm Emergency Purchase of Paratech Rescue Pneumatic Struts and Accessories REFERENCES: ENCLOSURES: Resolution It is respectfully recommended that the City Commission adopt the attached Resolution ratifying, approving, and confirming the City Manager's finding of an emergency, waiving the requirements for competitive sealed bids, and approving the emergency purchase of Paratech Rescue Pneumatic Struts and accessories for the Technical Rescue Team from Team Equipment Inc., located at 6620 Orchid Lake Road, New Port Richey, Florida 34653, in an amount not to exceed $9,363.60. Funds for this purchase were available from the Capital Improvement Program, Project 313304, Account No. 289401.6.840, funded by Fire Assessment. BACKGROUND In compliance with the requirements in accordance with OSHA 29 CFR 1910.146(g) training (k) rescue or emergency services, NFPA 1670, Chapter 2.5 or Trench Safety Act found in Florida Statutes, Chapter 553, Part VI (ss553.60-553.64), the City of Miami Fire -Rescue Department procured the services of Rescue Training Associates to provide technical rescue team training to over forty-five (45) firefighters on an emergency basis and entered into an Agreement on May 15, 2001. The training consisted of confined space, rope rescue and trench rescue. Currently, the Fire -Rescue Department Technical Rescue Team has sufficient equipment for confined space and rope rescue; however, they were lacking the required equipment for trench rescue operations. It is imperative that the Technical Rescue Team is fully equipped, and personnel have the proper gear to successfully participate safely in a deployment. Should a situation requiring a trench rescue occur, the lack of equipment could place our firefighters and citizens in a dangerous situation. Both the Department of Fire -Rescue Urban Search, & Rescue Team and Miami -Dade County are currently utilizing Paratech products and the Paratech Rescue Pneumatic Struts and accessories. This equipment must be fully compatible to these agencies in order to work together in case of an emergency deployment. In addition, extensive testing was conducted by the Federal Government indicating that Paratech products are superior. Therefore, Team Equipment, Inc. was determined to be the most advantageous and expedient provider for the purchase of this equipment. as CAG K/TF/3 am FM.167.doc 02- 79 i Carlos A. Gimenez City Manager CITY OF MIAMI, FLOR0A INTER -OFFICE MEMORANDUM Chief William W. Bryson, Director Department of Fire -Rescue • :)4 � July 26, 2001 No 1 FILE FM-I07.doc Emergency Purchase: Technical Rescue Team Equipment The Department of Fire -Rescue respectfully requests your approval for an emergency purchase in an amount not to exceed $9,363.60 for the purchase of Paratech Rescue Pneumatic Struts and accessories for the Technical Rescue Team. Funds are available from the Capital Improvement Program, Project 313304, Account No. 289401.6.840, funded by Fire Assessment. In compliance with the requirements in accordance with OSHA 29 CFR 1910.146 (g) training (k) rescue or emergency services, NFPA 1670, Chapter 2,5 or Trench Safety Act found in Florida statutes, chapter 553, Part VI (ss553.60-553.64), the City of Miami Fire -Rescue Department procured the services of Rescue Training Associates to provide technical rescue team training to over forty-five (45) firefighters on an emergency basis and entered into an Agreement on May 15, 2001. The training consisted of confined space, rope rescue and trench rescue. At this time we have sufficient equipment for confined space and rope rescue; however, we are lacking the required equipment for trench rescue operations. It is imperative that the Technical Rescue Team is fully equipped, and personnel have the proper gear to successfully participate safely in a deployment. Should a situation requiring a trench rescue occur, the lack of equipment could place our firefighters and citizens in a dangerous situation. Both the Department of Fire -Rescue Urban Search & Rescue Team and Miami -Dade County are currently utilizing Paratech products and the Paratech Rescue Pneumatic Struts and accessories. The equipment being purchased must be fully compatible to these agencies in order to work together in case of an emergency deployment. In addition, extensive testing has been conducted by the Federal Government indicating that Paratech products are superior. Budget Approval: �1 Linda Haskins, Director/Designee Date Approval: Carlos A. Gimenez, City Manager Date �)a W WB/MLK/TF/jam Enclosures FM.107.doc C.I,P APPRO d g ure U e 2 @ 9 O W E At,f"I 1 2001 CIP D1yJ§10N TEJUA- No DATE: 4 13 %2441 TO:CITY OF Fg DEPT. MIAMI - quipment, I= 66 rchid Lake Rd. New Port Richey, Ft W63 1-8"7.9054 �4r54941 Faoc 1771 �ip"Ilt.ccam E-mail' t�matasrnel ATTN: x,x. BADE TO QUOTE ON YOURINQU'RY AS FOLLOWS' WE ARE PLEASED YOUR PxICF- AMOUNT DESCRIPTION S3,733-60 QTY 12 SHORE TRENCH KIT 1. 1 22-796860 BASIC BY PARATECH $74.10 S 298.84 2. 4 22-796136 47x4" L BASTS 6"X5" CHANNEL BASE S82-30 $331-20 3. 4 22-796136 4. $ 1 .d 5. 6. '79,6300 CONWRSION KIT 1 22-7X� TRIPO D 87" STRUT FOR Tom° � x91.44 S 17474.2 �-_---�— s 490.14 7. 3 22-796204 55" X STRUT TENSION FOR S 164.70 S. 3 22.796036 36" 9. 10, T 14 DAYS DELIVERY: 3 TO 4 WEEKS FOB: DESTMATXON TERMS: NE YS ON �DOTATION FROM ABUVYDATE 30 DA V YOU HAVE ANY QUESTIONS PLEASE CALL ME' TEAM EQUEPMENT, INC. Steve Clymer, Sales ui r�cAt.com E-mail: stcve�earnequlPment.cam Web Site: teaM0q IC � A i A A�g.3/2601 I0: S6 • r�• I ', y ... S.uYL � C � j p ,liber 92-"' 6 60' 22-796a�4 � ! � r• tii (QNn of 4) tib.' 4 �.�,. •i; .li�2�'�r�'i rt'('�i•:.1. 4.. ;i ire .i'�ii- dlt Ori •. . ' ��"'^�! ✓�� 1rJ,. Vii•• -,, �• .*� ��F '•�SS• � ��r, i'' ' `'ti� 222-7.96D4-' , d,'. '22 Ph ve SO" Po[ ixi mv� '((? aetio of 2) .� Hry of rJ ' - h 'iY� i�' 'vK�:f�.j.:;.: 1. • �' .may v. :het End :User Prid •:;5:r,;�Loo 44c�;,•hote e 'i17i, �,�%' �Y�£ . r.� fl •�r +�.�1� s �»i4'• 1.Y, 54 r: ,• ° +. j r M EQ EA W ' f SV ' {•� �' , �-Tbff Frye F . 6620 Ofc d (l: r • ,�? { ; ..: Ne v. tiche,(�J. ,I 3 653 ...ron -.(?2?) 845-5941..Fax �t� ii�t •tea • �. J ' .. vTi s� ! M"V7V� 7 ,�Y.'.T �, 7e�7a=' .�.>:.' '�'' . _ r � V.. �•' ' • 1 -•fA :1„�:u v •. 1�. .: r .. ® riV ` 7 V cm— . .. • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM I - O l FE'? 27 P 4: S To Carlos A. Gimenez DATE City anager t SUBJECT FROM : ief William W. Bryson, Director REFERENCES Department of Fire -Rescue E',CLOSURES February 27, 2001 FILE : FM -030 Emergency Procurement Technical Rescue Team Training The Department of Fire -Rescue respectfully requests your approval to procure the services of Rescue Training Associates to provide technical rescue team training for forty-five (45) firefighters for a cost not to exceed $35,000. As you are aware, the City of Miami Fire -Rescue Department does not comply with requirements in accordance with OSHA 29 CFR 19I0.146 (g) training (k) rescue or emergency seg+.ices, NFP 1670, Chapter 2,5 or Trench Safety act found in Florida Statutes, Chapter 553, Part VI (ss553.60-553.64). Not complying with these regulations can result in citations in excess of $5,000 per day. In fact, said violations have been noted on various occasions during annual inspections by the State of Florida, Department of Labor. Should a situation requiring a confined space rescue occur, the lack of expertise could place our firefighters and citizens in a dangerous situation. In response, the Department of Fire -Rescue assembled a team to provide recommendations on cost, equipment, training, and written policies and procedures. Thus far, an approximate budget has been identified to cover costs, most equipment has been purchased, written policies and procedures have been put in place, and the necessary training has been identified. Therefore, to completely comply with these regulations, the department conducted an informal bid process to identify the lowest bidder, which could provide these services (see attached bid tabulation). A draft Professional Services Agreement is currently being reviewed by the Law Department pending your authorization to procure these services on an emergency basis, in a form acceptable to the City Attorney. FM -030 0 1 . 02— 19 0 • Carlos A. Gimenez, City Manager February 27, 2001 Page 2 Funding is available as follows: account number 0011000.280601.6.270, $20,000 and account number 001000.280601.6.260, $15,000. If you have any questions or concerns, please do not hesitate to contact me. Approval/DisapprovagdajM. 0 Haskins, Director/Designee DATE :pproval/Di pproval: !/ U Car enez, (2?�' Manager DA/YE CAG/WWBlML mgr City of Miami Manapiment & Budget Tints 4-,160{AM166 Amount of $ ��• / is &4&Wle i c�+cunt number o �6y. SIGNATURE FM -030 City of Miami Mansgem*nt & Budget or. _4191 -VOI Time _ 4- ,'�2. {AMI . . 'K,fill 02-- - 79 BID TABULATION - Technical Rescue Team Training Department of Fire—Rescue CMC RESCUE INC. TOTAL COST FOR 45 STUDENTS $64,046.25 ROCO RESCUE UNIT EXTENDED Course Name STUDENTS COST COST Rope Rescue Technician I/ II 45 $551.25 $24,806.25 Confined Space 45 600.00 27,000.00 Trench Rescue & Shoring 45 272.00 12,240.00 TOTAL COST FOR 45 STUDENTS $64,046.25 ROCO RESCUE TOTAL COST FOR 45 STUDENTS $85,470.00 RESCUE TRAINING ASSOCIATES UNIT EXTENDED Course Name STUDENTS COST COST Rescue I 45 $566.00 $25,470.00 Rescue II 45 633.33 28,500.00 Rescue III 45 700.00 31,500.00 TOTAL COST FOR 45 STUDENTS $85,470.00 RESCUE TRAINING ASSOCIATES TOTAL COST FOR 45 STUDENTS $35,000.00 UNIT EXTENDED Course Name STUDENTS COST COST Confined Space Rescue 45 $259.00 $11,665.00 Trench Rescue 45 259.00 12,665.00 Rope Systems I/II 45 259.34 11,670.00 TOTAL COST FOR 45 STUDENTS $35,000.00 Form VI(b) SERVICES AGREEMENT OR PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this I'r day of _ ,7 4:7 , 2001 by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Rescue Training Associates ("Provider") RECITALS: A. The City is in need of technical rescue team training for the Department of Fire Rescue. B. Provider possesses all necessary qualifications and expertise to perform the Services. C. The City wishes to engage the services of Provider, and Provider wishes to perform the services for the City, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement snail run unui [ne ctjursCwuLr, as aE�c�iiit �. +.- the Technical Rescue Team Training quotation for the following three (3) courses: Confined Space Rescue, Trench Rescue, and Rope Systems MI Refresher, is completely fulfilled, commencing on the execution hereof. 02 79 - 3. OPTION TO EXTEND: The City shall have two (2) option(s) to extend the term hereof for a period of one (1) year each, subject to availability and appropriation of funds. City Commission approval shall not be required as long as the total extended term does not exceed two (2) years, or a period equal to the original term of this Agreement, whichever is longer. 4.. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described in the Technical Rescue Team Training quotation, and subject to the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and. warrants to the City that Provider: (i) possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall be, at all times during the term hereof, fully qualified and trained to perform the Services; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be based on the rates and schedules described in Attachment "B" hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed $35,000 for the three (3) courses as specified in the course quote. B. Unless otherwise specifically provided in Attachment `B", payment shall be made within ten (10) days after the end of each training period. Provider shall provide sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, MTSA.mcuc training 2 02- 79 0 should City require one to be performed. If Provider is entitled to reimbursement of travel expenses O.e. Attachment "B" includes travel expenses as a specific item of compensation], then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes, 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement except for any of Provider's copyrighted materials is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion.. 7. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Provider under this Agreement, audit , or cause " to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests cm:PSA.rescue training 3 . 02- �7 9 -� 0 • and inspections shall be subject to, and made in accordance with, the provisions of Section 18- 55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 8. AWARD OF AGREEMENT: Provider represents and warrants to the City that he/she has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 319, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or CMTSA.mcue training 4 02— 7 9 • death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform cm:PSA.rmcue training 5 02- 79 the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement:, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $4,500; or (ii) a period of sixty (50) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 14. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least ten (10) business days prior to the effective date of such termination. In such event, the City shall pay to Provider compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. cm:PSA.rescue tra9ning _ (' .- '7 02 9 • B. The City shall have the right to terminate this Agreement, without notice or liability to Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts received while Provider was in default under this Agreement. 15. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination __ cin:PSA.rescue training 7 • C� in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, with the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: Rescue Training Associates 2895 Biscayne Blvd., #360 Miami, Florida 33137 19. MISCELLANEOUS PROVISIONS: TO THE CITY: Deputy Chief Maurice L. Kemp Department of Fire -Rescue 444 SW 2 Avenue, 10th Floor Miami, Florida 33130 A. This Agreement shall be construed and enforced according to the laws of the State of Florida. cm:PSA.rescuc training 8 02— 79 C� • B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either R event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in -,writing and executed by properly authorized representatives of the parties hereto. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, -legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the city, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, CM Pskrescue training 02-. 79 ti and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change ill regulations, upon thirty (30) days notice. 23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 24. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 25. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. 26. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if applicable: ❑ ❑ '=PSA:rcscue training 10 , 02- 79 • 0 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executea by their respective officials thereunto duly authorized, this the day and year above vwitten. «Cit,l, CITY OF MIAMI, a municipal corporation Walte nanf,City Clerk WITNESSES: Print Name: Print Name: "Provider �cs�CL a RP�cue Tr ning Associates APPROVED AS TO INSURANCE REQUIREMENTS• MARIO SOLDEVILLA Administrator Risk Management Form VI(b)-(No Formal process/No Program/No Comm. Approval/Individual) c00r- 0 m;P5A.rescue training - - ---- - - 1 I 1 02- 79 02/Z7/ul 13:19 1•'4tl .tiuo 0S3y184tl FEE -St 1Gt.A0ULtJy _ 02/27/01 TUE 11:30 FAX 706 U3 0337 Al INSL-RAA[CT GROUP fA]LL ACOAD. CERTIFICAT" aF LIABILITY INSURAN pctw ) asa-s z r 2nc=uaam Gwouv �►is L. Scruggs, Jr„ C.P.0-V. .D. bas 6107 :tea W1 30403- ;]p= Par -6• Toobnologiat{ mc. And/Or tts subaldiaxims 28&0 Mt Willcxsssau F)MY auize 300 Aelauts a& 30339 E WOURRAJO AFFORINNO 4'0111:i"W ■ Qui X1002 y,AT■ I■■rosa�YgY� THF POUCJES OF INStiMANOe U'TED SELOW HAVE BEEN 1sg= TO Tile INSuREp KlmoD A90YF POR Tme nuC:Y Pesion ikoc mo. wrwmHvAwom ANY P42L4fttr+=�MEWr. TERR, OR cON1)rr 0f< OK ANY ODYT I*%C.T OFF OTMER "UM YCM RESPF3r T TO WHICH TWS CEFrMi1CATE MAY SE ISSUED *A m.LY PpoLiCRTAI iCiRTMe4r1Te R ANCffS SHOWN ED HAVE POOM RIES �CRIISEU H � SUBJECT TO ALLTHE YV!Ams. DCCLL*)o is AND C ONOMNS OF OUC?I w ?" ■ 1 PoucY wuw■■ 7O^' urm GXMtRil66ISAatm CLAUM UAD� a Tsomw"Ot 2/3/2001 3/l/2002 MM2C.ul� s ACY iWURV { 1.000.000 *W6A" T. UWTAPOU" POt n,r+o . tdw►� +ad 7.000.00d roue+ I P9 X LL#AMJTT AW AUTO 7906802904 3/ 1/ 2 0 a z 311/2002 G"%1dMA lit.! wwor S.dDOAm CE r -mv.•o AL,L OWMM AIM= ac aeo K'ne WCKT 1NA.RY y rP,. wowu KftD AtRC■ rorvHlC AL11 yC D=L.Y ;Wtft" y A`w szow"Cl PupvpaTY,GA "alr w werog "AA= "A■&" .u.'"' Y - EA ACCCbI' , cr�lm -MAN AW 1010 � GO+'xxTrt 1 s aoC■ss:lAaulrY CCOJA 1:1a,y ys,M oa4 3/1/3001 3/1/2001 t s DC AXT:Gtd ro■"MCoWre'd<ATINAMC t�O'WW��+ I TCASTI Q 13/31/2000 12/31/1001 xI •... 4 .Y GLGCWAC'-:orNT Is 1�1%pOMv� � L t� arra • :A c,�ti--� I i s._ ri��e • rac._:-urs- I , �,0g6,000 dy 6S MlaAw mm ftwom o Ft addtiorw 4rwroC n roi min abr" IJ&VI V. C1ty of Ziaml Irity Raaess i 4 t OW 2ud ATa Ximod M 33130- -=FtO 25.8 (7)97) .ANCELLATION woum ON co TM AMOYE D ttdutw PGUCMZ ts■ v' "r" * M Baron Tits ""om DAIS -NWU!MF.7%1 notlr,a nr■ AUM W1r6 20 -VOR - UAL _13 _ DAY1 WWMW Moe =79 T"c OCRTMATS HOU)IM MAMM TA Txs upT. N.T PAR.0 As To 0o sow 1. ,. ■rocs No CCWQAT."CR tuknlft AKY CM tqt0"1 Rs A02MV OR P 02-- 79 r--. S.* k.N 27075,.`_ T! this `" r� InVc�res Attt1 afilpP'no papers ri r ate el�coC ftc No '; .sya i.. r f, f•'r�#r,. h„ ,. yp:i7 ,r ��v � r A Buyer ..tine No:a�e�t 8ifij�jji .:.CEi�FI t- 7 9054 ...3 E E --RESCUE �1 ti � . CE,� �S��T:::: .MIAMI, FL. 33136 6620 ORCHh) LAKE RD ' NEW PORT.- R I CHEY FL '346153 City of Miami Accounting Division / Accounts Payable i Department of Finance r.. r. V; , i P.O. Box 330708 tscan lits , t rtr. Miami, Florida 33233-0708 SLJPP01',.'T SERVICE Item# Commodity Description Contact Person Telephone No: Requisition No: LT. MAINADE 13015_575--5216 !~S5- 1-43045 Qty Unit Unit Price Extended Price 340--72 EMERGENCY PURCHASE ORDER FOR THE; P11IRCHA ►E OF PARATE CH RESCUE PNEUMATIC STRUTS AND ACCESSORIES f;OR i HE: TECHtaICAL RESCUE: i LAN. THE EQUIPMENT TfE.1W PURC€'iOE:D € lj;; DE; FULLY COMPATIBLE TO THESF AGENCII_7 ; IN ORDER TO WORK TOOETEIET; Thi r.)SF. OF AN EI`-1ER151tK,'Y. DE.PI OYPIE:'•f - ;� DEE=N CONDUCTED PY IHE. rE DFRAI_ G0VLf?N?ll_,NT I+NTj.0',ATitvn THAI Fr'i�'ATI-C'rl ;'TOUPUCTS ARE: C'UPER10F'. EMFROEh1CY MANAGER Tau ID or S/S'No: 59-25?7359 Entity Type: Terms: (Prompt payment Discount) Purchase Order No: 2193-37 Delivery Date C I FNMC 506 Re4. 7197 1 1 I -9363.601 9363.60 Account Code Number(s) Action Requestion Department use only Date Amount ,Bal/Remarks it 3 F.O.B. DESTINATION Unless Otherwise Specified City of Miami Date Approved REQUESTING DEPARTMENT __ 02— 79 t.;Utr 1'RACT REVIEW AND ANALYSIS FORM Directions: Please Attach suppWg documents. All sections must be complet*cluding "CRC Comments". Date: 2/28/01 DEPARTMENT/DIVISION. Fire -Rescue CONTACT PERSON / CONTACT NUM�F : C..l 3AROChiefT. Flores, Ext. 1692 or CONTRACTING ENTITY: Rtrs�t T ainin Associates RES CL T'ON NUMBER: BI' BUDGETARY INFORMATION: Are funds budgeted? YES TOTAL DOLLAR AMOUNT: $35,000 EXPEIv�L SOURCE OF FUNDS: 0011000.280601.6.270 ACCOUNT CODE(S) $20,000 001000.280601.6.260 $15,000 Fire Assessment If grant funded, is there a City match requirement? YES ❑ NO ❑ Are matched funds Budgeted? YES ❑ NO ❑ Account Code(s): TERMS OF CONTRACT: Effective Date: _gpon.approval by Oversight Board and Law Dept. Escalating Clause, if any: Contract Period (s): One year with the OTR for two additional one-year periods Payment terms: Penalties, (if any), for termination: If grant funded, list restrictions/requirements, if applicable: SUMMARYMESCRIPTION OF CONTRACT OR AGREEMENTS Is this an extension? YES ❑ NO ® Reason for Extension: If YES, actual expenditures in previous contract Year Summary/Description of Contract or Agreement: Technical Rescue Team Trainin- ( If Applicable) NO ❑ if yes, ❑ REVENUE CIP ACCOUNTS AMOUNT: JUSTIFICATION FOR CONTRACT OR AGREEMENT (Include why it is needed, consequences if not authorized or approved and time constraints, if any.) The City of Miami, Department of Fire -Rescue needs to provide these types of training to 45 students to comply with OSHA, NEPA and State of Florida regulations in regards to confined space rescue and trench rescue. METHOD OF PURCHASE (If applicable) ❑ Telephone quotes ❑ Single Purchase ® Written quotes ❑ Short -Term Contract ❑ Negotiated Purchase ❑ Lease ( Type:_ ) ❑ Sole Source (include documentation) ® Term of Contract ❑ Bid Waiver (include documentation) ❑ Formai Bid/Proposal (include bid tabulation/proposal ranking) PREVIOUS AWARDS OF BID (1F APPLICABLE) From most recent: l ) 71 Approval App r at V" CRA? 061 C o CRC COMMENTS: Date: (>� Date: 02, 79