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Home My WebLink AboutR-77-02822PC/rb 2/22/77 "SUPP ORTi`f DOCU M ENT FOLLOW„ 1880tttTtOt No. _ 7/.232... A RESOLUTION APPROVING IMMEDIATE ACOUISVTIOW PROM StiRVIVAIR, A DIVISION OP U.S. DIVERS CO. OP lid UNITS OP THE CURRENT TYPE OP ?IRE PIGt#TERS' BREATHING APPARATUS WITH t1 THE CITY TO RETAIN AN OPTION TO TRADE IN THE ABOVE - DESCRIBED APPARATUS; AT A COST OP $540 PER UNIT POR A TOTAL COST OP $81,000, WITH PUNDS THEREFOR ALLOCATED PROM THE PIPE DEPARTMENT BUDGETED FUNDS. WHEREAS, the City duly advertised for, received and considered bids for the purchase of a new type of fire fight- ing breathing apparatus; and WHEREAS, the City on January 13, 1977 rejected the only two bids that were submitted on the basis of the facts enunciated in Resolution No. 77-49, a copy of which is attached hereto; and WHEREAS, an emergency situation now exists in that the fire fighting breathing apparatus now in use is obsolete and in a state of disrepair; and WHEREAS, further delay in acquiring current fire fighting breathing apparatus will vitally affect the life and health of the "DOLL ;"rNT INDEX citizens of the City; and M /- gEWHEREAS, Survivair, a division of . i d an provide the City with immediate use of the current type fire fighting breathing apparatus until it can have the new type available; and WHEREAS, the immediate procurement of new equipment is essential and necessay for the protection of life of the citizens of the City and the safety of the City's fire WHEREAS, 516-27 of the Miami City emergency purchases by the City Manager where requires. fighters; and Code provides for the situation so NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF M AMI,FLORIDA; Section 1. The immediate acquisition of 1.50 units of the .current type of fire fighting breathing apparatus, at a cost of $540 per unit, for a total cost ,of $81,000, from Survivair, -, 411 CITY COMMISSION MEETING OF MAR 2 4 1977 RESO.UTIOR tFMARM: r+s.. *e• .tr•t 4r a division of U.S. Divots Co., for use by the Pire Department, with the City to retain an optioh to trade in the above- degcribed apparatus and purchase the new type apparatus when availabletis hereby approved, with funds for said acquisition allocated from Fire Department buclgted funds. PASSED AND AboPT8D this 24th day of March, 1977. ATTEST: ( 1 RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: k70,4,1 ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPRO MAnqicp A. PPRPr WWRICE A. FERRE MAYOR TO FORM AND CORRECTNESS: GEORGE F. KNfil JR. CITY ATTORNE7 "SUPPORTIVE DOCUMENTS FOLLOW" BREATIHING APPARATUS AGREEMENT TIIIS AGREEMENT made and entered into this day of 1977, by and between the CITY 0I"MIAMI, a municipal corporation organ- iced and existing under the Laws of the State of Florida, hereinafter referred to as "CITY", and Survivair, a division of U.S. Divers Company, hereinafter referred to as SURVIVAIR: W I T N I; S S E T H H;EREAS, the CITY duly advertised for, received and considered bids for the purchase of a new type of fire fighting breathing appara- tus; and WHEREAS, the CITY rejected the only two bids that were submitted on the basis of the facts enumciated in Resolution No. 77-49; and 111:,1E S, the immediate procurement of new equipment is necessary for the protection of the citizens of the CITY and the safety of the CITY'S fire fighters; and „HERE,.s, SURVIVAIR can provide the CITY with immediate use of the current type fire f i;,htin breathing apparatus until it can have the new type available; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the CITY and SURVIVAIR hereby agree as follows: 1. SURVIVAIR agrees to supply to the CITY, in multiples of 50 units, Survivair part ;,9S33-22 (a 30-minute Pressure Demand breathing apparatus with a silicone facepiece; not including a carrying case) for an ( greed price of 8540.00 per unit. If notified before March 31, 1977, SURVIVAIR will guarantee delivery of the above described breathing apparatus within approximately 30 days, 1- 'SUPPORTIVE DOCUMENTS FOLLOW" In order to be acceptable for trade-in the units must be in usable condition. Tradc-in allowance for each unit of Survivair part #9838-;22 is as follows: I. Trade-in made within 12 months of delivery date: Number of months from delivery date to trade --in date 12 X 130,00 X 907., Plus Number of months from trade-in date to next payment date 12 Y S130.00 X 100% Plus any advance payments made. II . Trade-in made after 12 months, but within 24 months of the delivery date: 12 l'? X S130.00 X 90 Plus Number of months from last payment date to trade-in date 12 Pius X, S180.00 :: 70% Plumber of months from tradc-in date to next pa:ment date a 12 X $130.00 X 100% Plus any advance payments made. IN WITNESS WHEREOF, the parties have executed this agreement "SUPPORTIVE DOCUMENTS FOLLOW" The payment schedule wilt be as Payment date Delivery date 12 nos.aafter delivery date 24 Mos.nfter delivery date Any payments may be made in follows: Payment $180.00 per unit $130, 00 per unit $180, 00 ner unit $540,00 Per unit advance of scheduled dates. In the event that any of the above payments are not rude wit hin thirty do s of the due date, the units automatically become the a)rOpCrty of SURV1VAI R and must he returned to SURVIVAIP upon demand. This action n ;titut '. a te_rmina ion of':i:; e ? '? t yboth parties in- volved t t, 'i rec:f'(..1 b `' volvcd and would terminate any further obli: ation to each other b\, c>a_thcr of the parti s. In the event of termination of this agreement, any advance .payments by the CITY, exceeding the current annual installment, will be returned. 1n •Lull . L the units, as needed, .:ill he sunpli.ed by SURVIVAIR at 30' off the list price unless the CITY takes permanent ownership of the 9833-2 2 units or terminates this agreement. Factory training in normal maintenance and repair wi11 be provided by SURVIVAIR. 2. During the two-year period from 1977 to 1979, comrnencin with the date of delivery in 1977, SURVIVAIR will accept from the city one Survivair Part #9838-22 (a 30-minute Pressure Demand breathing apparatus) as a trade-in toward each unit of SURVIVAIR'S NASA type fire fighter's breathing system (a 30-minute pressure demand breathing appaIra tus with a 4500 PSI capacity.) Under the provisions of this ;Tremont the CITY is entitled to a 107 discount from the list price of the NASA type unit at the time of purchase. on the day and year ti.r t above et Forth. ,o 'I'Hi: CITY Or MIAMI, i mun:icit'ni. corpor.Itlon of the State of Florida 13v CL 1. f l 111f�(iG R li . DIVERS CO, PRE = AND Al _'ROVE)•EY Juci [: lia Ln thLr, Asst. City Attorney APPROVED AS• TO FOR!I ANI) CORRECTNESS.. Vicar-, r Knox, i City Attorney RFC/ rb 3/22/77 R ;5OLUTION NO, A RCSOLtJTION APPRov1 ii iLi:•1t DI? TC•AC)UISIPIO 1 rnOM SuRVIVAIR, A oIVISIOt Or U. S, • DIVERS Co► OF 150 UNITS Or TM; CURR1 P TYPE OF FIR tIGtiTnRS t T3P,.IAT:'IING APPARATUS. WITii Tiir cI TY TO R1 TA:tN AN OPTION TO TRAD 1 IN TUE rfl0Vr- DESCRIBED iAPP1.RATU8; AT \ CO[T OI' $540 Prig UNIT FOR A. TOTAL .COST OF•$ 81. , 0 0 0 , ^1ITIi FUNDS THEREFOR ALLOCATED F'RUt4 TUE FIRE DI PARTMfl i3UDC TEt) FUNDS . WHEREAS, the City duly advertised for, received and considered bids for the purchase of a new type of fire fight- ing breathing; apparatus; and wiiER' AS, the City on January 13, 1977 rejected the only t,io bids that were submitted on the basis of the facts enunciated in Resolution No. 77-49, a copy of which is attached hereto; and W;IET T:AS, an emergency situation now exists in that the fire fighting breathing apparatus now in use is obsolete and in a state of disrepair; and t•,THLAEAS, further delay in acquiring current fire fighting breathing apparatus will vitally affect the life and health of the ci ti;v. ns of the City; and :I3fR: \S, Survivair, a division of U.S. Divers Co., can provide the City with immediate use of the current type fire fighting breathing apparatus until it can have the new type available; and Wi:ER`,AS, the immediate procurement of new equipment is essential and necessay for the protection of life of the citizens of the City and the safety of the City's fire fighters; and WHEREAS, 515-27 of the Mimi City Code provides for emergency purchases by the City Manager where the situation so requires, NOW, THEREFORE, BE IT RESOLVED 13Y TIIE COMMISSION OF TIJL CITY OF MIAMI, FLORIDA; Section 1. The immediate acquisition of 150 units o{ the current type of fire fighting breathing apparatus, at a cost of $543 per unit, for a total cost of $91,000,, from Survivair, "SUPPORTIVE DO UMENI . FOLLOW" a division of U.1.. Divers Co., for U3(2 by tho Fire Department, with the City to retain an option to trade in the above described apparatus and purchase the new type apparatus when available,i8 hereby approved, with funds for said acquisition allocated from Fire Department budqted fund PASSED AND ADOPTED this 24th day oC March, 1977, MAURICE A. FERRE M A Y R ATTEST: . CITY CLEK ITEEPARED AND APPOVED 3Y: • • - ,1 :// ROB:ERT F. CL;V,1 ASSISTANT Cirri! ATTO=Y 4. AFP:ZU'ED TO FORM AND CORRECTNESS: -r7 G"Ca'!E F. :‹NOX, JR. CITY ATTOnNEV tiWIII.t:ien of th,' hitl; is as fotlows: frow.Lon i'.:0:-.r1 Tyy.... ,.......,. :1,to Co. Zli.ii. _ .. .. Br.,.!a,thin tInit Ceiiiplete $ 650. $ 6G1.. $ 770, $ P)43. 1.:ith Ono :lpare Cylinder no. Unit; Bid by Miami - 140 140 140 1.40 Tot:al. r.,91,000. $ 95,3/:0. 01 1-,00.113,020. Invi_tations were malted on November 16, 1976 and received on December 2, 1976, Scott announced a $50. per unit increase as of November 1, 1976. This could account for r.orne oC the price difference to Houston and Boston, NOW, THEREFORE, BE IT REflOLVED BY THE COZ-MSSION OF THE CITY OF' 14IAMI, FLORIDA: Seetioa 1. Each of the two Doce721,)r 2, 1976 hid s received (2) sources of supply For furnishin3 the Miami Fire Dep:Artrilent with Breathlw,:, Apparatus are heroby rejected. 2. The CLI:y is h..::Hy requo::,Led to con - tt ion into aild report to this Com:;:ins ion the ..Ai: bid -},coe(.du.ie f.01 abo•70 cc '4. tel,alue if thelo has been an unlawful procedure ADOFTED this 13th day of January, 1977. PREPARED AND APPROVED BY: - / f7 /9 /<,, ,...---;...)--i /1- ...../ • k ..1 _____ ____ "SUPPORTIVE • Robort F, Clark, Annt. Cit.; Attorney APPI:OVVD-AS TO FORM AND CORRECTNESS: DOCUMENTS ,...,, („.., INPIrc A FER7: •,;.--..,,H.r1i4—k ) . C.c. ,....- iL-7.::...,- •'-:'-') ..,,..-, j C111:',.-- . . - : .., ..." . : City.Clerk FOLLOW" c,..T ettt.! 1', Kim:: , Jr, , City Attormy 1....1 -2- - ommeemoorer • •""F C ,r• C r 4 • 4144.41114 11414 v.ipm.y • • er,r- -1,` If • • ••"' " • . , .... • _ . . . . - • I h .t.nr • • V — - 17r.".• -OAF "."1"," .757:-'...0.14 1t1::1flt.tr• i W' C A ttt:`.;c.�t,i1•f'tn,i t:t;.Tt:c;'J'T(;rt NACU OF THE E TWO 1)1:r J ,'J3t t 2, 1976 ;; 1 E) 1a :E1' r'.D 1 Rf;•t TWO (') ;;C);Jf:-.1::, Or SE 1't'IW I Ci1L FIJRNI S1t_ "t i,\ i E 1•' C i 1': 1)1:1'ii'1'i 1i ; I'I' WITH i;I`t'I-'I{== 1 JG APPARATUS; FURTHER REQUESTING THE CITY ATTORNEY TO CONDUCT AN EXAMINATION ItaTo AND R I:'ORT TO TII rS coy •ILS SI.m1 THE FACTS SURROUNDING THE BID PROCEDURE DURI FOLLOWED BY THE TWO O ABOVE SUPPLIERS i TO DETERMINE 71 THERE HAS BEEN AN UNLAWFUL PROCEDURE FOLLOWED. WHEREAS, , its a result of soliciting invitations to bid on Breathing Apparatus and comparing the bids with prices paid by other cities for the same equipment, the following facts have come to light: a. The equipment is manufactured by Scott; Aviation, A Division of A-T-0, Inc. Health/Safety Products 225 Erie Street Lancaster, N.Y. 1.4036 b. Scott local distributor is: hi. c.,-:yr;e Fire Ecuipmont, Co. 2950 H. T.1 70) :A'•Jcriiie 331. / c . )n 11% t ::o IJi.�I::, •: ��re r c�c ci. . cad on December ?. , 1976 from Scott find ; 1.it:ay:ie . d, Both bids Were identical. e. Bidero approximately .033 3 a higher than the prices pcci_d by at: Least: tuo other cities recently; and WHEREAS, Dade County Purchasing Section also received bids from Scott 4ncl Biscayne, on IMvembcr 1.5, 1976, for 26 identical C C;i'. l ''t e breet hi-ng apparatus units plus a spare cylinder for each nn i t . Me bid price to the County was $770. 00 each compared with the bid to the City of Mi;nni. of $S43. 00 (even through the City resc;,,e:::t(1d bids on 140 units cory:3red with 26 for Dade County). The price difference i. ; $73.00 x 140 nl1it: s for a total of $10,290; and .'1A.Rs"'W t— W,1lt \w...t• yr„3...„ ••• . / -r e. '. .ar..'/R••MA.` ,.: },•-••.•2•1••••x•• "?~?•r-.w•••••ww-.. ... .•r-•_w••••„ •_..+wow-. CITY C(» .1IS ION MEETING OF JANt 4,3t 5 • r Joseph i Grnssie City Manage' Chief 'fi.A,Hickman, Director Department of Fire March 16, 1977 Emergency Acquisition of Breathing Apparatus Survivair's Proposals The obsolete design and the deteriorated condition of the Fire Depart- ment's breathing apparatus presents a dangerous and hazardous situation to the health and safety to our Fire Fighters. This equipment does not meet the recommendations of the National Institute for Occupational Safety and Health (NIOSH) for positive pressure performance capabilities. In 1976, we experienced some leakage problems as a result of the poorly fitted replacement parts sold to us by Mine Safety Appliances Company (NSA), causing smoke inhalation to three of our Fire Fighters. Subsequently, in a memorandum dated April 23, 1976, the previous City Attorney, Mr. John Lloyd, stated that he could no longer consider Mine Safety Appliances Co, a responsible bidder. To add to this problem, NIOSH will not approve the replacement parts of one manufacturer to be placed on the equipment of an- other manufacturer. For your information, there are only three major manufacturers of breathing apparatus in the United States: 1. Mlle Safety Appliances Cemp:Inv The legal opinion of April 23, 1976 prohibits us from dealing with this company. 2. Scott Aviation (A Division of A-T-O, Inc.) This company is the sole manufacturer of light -weight, NASA- type breathing apparatus and Biscayne Fire Equipment Company is the sole distributor in our area. On December 2, 1976, we received two bid proposals on breath- ing ;apparatus from these two vendors. Those proposals were identical and considerably higher than the prices quoted to other cities. Subsequently, upon my recommendation and that of the Purchasing Agent, the City Commission rejected the bids on January 13, 1977. 3. Sur.viv;air (Division of U.S. Divers Company) This company is presently tooling up for production of their version of the NASA -type breathing, apparatus which they anti- cipate will be on the market within eight to ten months. We feel that it would be to our advantage to invite bid pro- posals at that time when there will be a more competitive market. TO: Joseph R. Grassie Datet March 16) 1977 In the interim) we have no replacement parts for existing units and we anticipate the possibility of potting breathing apparatus out of set., Vice within the next few weeks. We have met with the manufacturerts representative of Survivair with respect to the availability of their conventional breathing apparatus and their proposal is herein attached. Survivair will furnish us with the use of 150 new 4IOSH-approved) conventional -type breathing ap- paratus at a fee which is most acceptable to our department. The recent paint fire explosion and the little Iiavana fire also caused severe damage to breathing units for which no replacement parts are available, The situation is serious now and will become an emergency situation within the next few weeks, resulting in sire Fighters being without respiratory protection when called up to fight fires. It is re- quested that you consider approving an emergency acquisition of breathing apparatus. DAHsmmtvt