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HomeMy WebLinkAboutR-2004-024 SeaWestern, Inc. Sole Source Purchase AgreementRESOLUTION NO. R-2004- 24 A RESOLUTION authorizing the City Manager to execute, as a sole source purchase without calling for bids, an agreement between the City of Yakima and SeaWestern, Inc., for the purchase of MSA Self -Contained Breathing Apparatus parts and equipment to be used for the respiratory protection of the City of Yakima Fire Department employees. WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 generally require that purchases in excess of $25,000 be done by competitive bidding, subject to certain exceptions; and WHEREAS, the law recognizes a "sole source" exception from these competitive bid requirements when, due to unique requirements, it would be futile to utilize competitive bidding; and WHEREAS, the City of Yakima Fire Department is standardizing breathing apparatus with neighboring fire departments by continuing to utilize MSA Self -Contained Breathing Apparatus (SCBA); and WHEREAS, one of the justifications for the $230,776 2003-04 FEMA grant was standardization of breathing apparatus for improved interoperability with neighboring fire departments; and WHEREAS, SeaWestern, Inc. is the sole authorized and designated supplier of MSA SCBA parts and equipment to the Municipal Fire Department market for Western and Central Washington and the State of Oregon; and WHEREAS, the City Council finds it would be futile to call for bids regarding the described equipment which is only available from SeaWestern, Inc.; and WHEREAS, the City Council finds that it is in the best interest of the City to authorize the purchase of MSA parts and equipment from SeaWestern, Inc. as a sole source purchase without calling for bids, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Contract between SeaWestern, Inc. and the City of Yakima, Washington" to purchase MSA Self Contained Breathing Apparatus equipment and parts from Sea Western, Inc., as a "sole source" purchase without calling for bids. ADOPTED BY THE CITY COUNCIL this 3rd day of February, 2004. ATTEST: City Clerk CONTRACT BETWEEN SEAWESTERN, INC. AND CITY OF YAKIMA, WASHINGTON This agreement, made in duplicate by and between SeaWestern, Inc. of Kirkland, WA, a Washington Corporation, first party and The City of Yakima, a municipal corporation by its authorized representative, second party. First: The said first party hereby agrees to furnish MSA Breathing Apparatus per SeaWestern's proposals (Dated 1/20/2004) hereto attached and made a part of this contract, and to deliver the same as hereinafter provided. Second: The first party guarantees that all material and workmanship in and about said Breathing Apparatus shall comply with said proposals. In the event there is any conflict between the City Specifications and the SeaWestern proposals, the SeaWestern proposals will prevail. The standard MSA Warranty will apply. Third: The said apparatus and equipment shall be ready for delivery from Kirkland, WA. within about 60 — 90 working days after receipt and acceptance of this contract at the first party's office at Kirkland, WA., delays due to strikes, failures to obtain materials or other causes beyond its control not preventing, and shall be delivered by SeaWestern to the second party at Yakima Fire Department, 401 N Front Street, Yakima, WA. 98901. Fourth: The second party purchases and agrees to pay for said Breathing Apparatus the sum of not more than Three Hundred and Five Thousand Dollars ($305,000.00), which includes Washington State Sale Tax at 8.8%. No other City of Yakima taxes to be required for sale. All payments shall be made payable to SeaWestern, Inc. and shall be mailed directly to SeaWestern, Inc., PO Box 51, Kirkland, WA. 98083. Payment shall be made within 30 days of delivery. Fifth: It is agreed that the Breathing Apparatus covered by this contract shall remain the property of the first party until the entire contract price has been paid. The contract to be binding must be signed and approved by an officer of SeaWestern, Inc. or someone authorized by him to do so. This contract takes precedence over all previous negotiations, and no representations are considered as entering into this contract except as are contained herein or in the proposal attached hereto. In Witness Whereof, the said parties have caused these presents to be executed and the second party has caused its corporate seal to be hereunto axed, and attested by their authorized representatives, on this day of 2004. R.A. Zais, Jr., Yakima City Manager Second Party Date yakimafirescbacontract 1.28.04-1-1 CITY CONTRACT NO: iA0241-/p C 9 RESOLUTION NO: /6 "'1 i 1 „de Brian orris, President, SeaWestern, Inc. First Part4:2 _ Date SEIWESTERN FIRE FIGHTING EQUIPMENT YAKIMA FIRE DEPARTMENT SCBA QUOTATION 1/20/2004 Quote #1 48 - SIMILAR TO MSA ATO# H -CM 11360-0C 124-0 UNIVERSAL AIR CONNECTION PORT LESS FITTING. (TO USE Y.F.D. CURRENT FITTINGS) HIGH PRESSURE FIREHAWK SCBA, CBRN BLACK RHINO CARRIER AND HARNESS WITH SINGLE PULL, CHEST STRAP LUMBAR PAD STEALTH 45 MIN. LOW PROFILE 4500 PSI CYLINDER W/LOGO FIREHAWK SLIDE TO CONNECT CBRN REGULATOR MEDIUM ULTRAELITE FACEPIECE - HYCAR MEDIUM NOSECUP SPEED -ON HEAD HARNESS ICM 2000 PASS DEVICE WITH THERMAL SENSOR 8 - SIMILAR TO MSA ATO# H -CM 11311-0C 124-0 UNIVERSAL AIR CONNECTION PORT LESS FITTING. (TO USE Y.F.D. CURRENT FITTINGS) HIGH PRESSURE FIREHAWK SCBA BLACK RHINO CARRIER AND HARNESS WITH SINGLE PULL, CHEST STRAP LUMBAR PAD STEALTH 45 MIN. LOW PROFILE 4500 PSI CYLINDER W/LOGO FIREHAWK SLIDE TO CONNECT REGULATOR FOSTER AIR LINE MEDIUM ULTRAELITE FACEPIECE - HYCAR MEDIUM NOSECUP SPEED -ON HEAD HARNESS ICM 2000 PASS DEVICE WITH THERMAL SENSOR 56 - MSA STEALTH 45 MIN. LOW PROFILE 4500 PSI CYLINDER WITH YAKIMA FD LOGO I.D. IN CYLINDER CONSTRUCTION. 12 - MSA ULTRAELITE FACEPIECE WITH SLIDE TO CONNECT MEDIUM NOSECUP AND SPEED -ON HEAD HARNESS WITH HEADS -UP DISPLAY RECEIVER. 68 - MSA 10024074 CLEAR COMMAND COMMUNICATION AMPLIFIER ASSEMBLY INSTALLED ON ABOVE ULTRA ELITE FACEPIECE. 4 - MSA 10041195 RESCUEAIRE II W/60 MINUTE CYLINDER W/LOGO 10 - MSA 10032924 APR TRUCK ADAPTER KITS OF FOUR APR's 56 - 45 MINUTE SCBA STORAGE BRACKETS 32 - MSA 485366 KEVLAR POUCH 8a 3' HOSE 24 - MSA 485390 KEVLAR POUCH SUB TOTAL PRICE $257,687.28 SALES TAX = $22,676.48 DELIVERED TOTAL EQUIPMENT PRICE INCLUDING SALES TAX $280,363.76 THE FOLLOWING TO BE INCLUDED AT NO ADDITIONAL CHARGE WITH PURCHASE OF ABOVE SCBA PACKAGE 3 - MSA EVOLUTION 5,000 THERMAL IMAGING CAMERAS ATO# A-EV5000-1110223020 COMPLETE WITH HEAT SEEKER, QUICK -TEMP, SMA TO BNC CONNECTOR, TRUCK MOUNTED CHARGING SYSTEM, TWO BATTERIES, RETRACTABLE LANYARD AND SUN SHROUD. INCLUDED AT NO ADDITIONAL COST, A TRAINING CLASS TO UPDATE EACH OF YOUR CURRENT MSA CERTIFIED AIRMASK REPAIR EDUCATED PERSONAL TO THE NEW SCBA SYSTEM. Brian Morris SeaWestern Inc. SESVESTERN FIRE FIGHTING EQUIPMENT YAKIMA FIRE DEPARTMENT NEW FIRE APPARATUS SCBA'S 1/20/2004 QUOTE #2 6 - MSA ATO# H -CM 11360-0C 124-0 HIGH PRESSURE FIREHAWK SCBA, CBRN BLACK RHINO CARRIER AND HARNESS WITH SINGLE PULL, CHEST STRAP LUMBAR PAD STEALTH 45 MIN. LOW PROFILE 4500 PSI CYLINDER W/LOGO FIREHAWK SLIDE TO CONNECT CBRN REGULATOR MEDIUM ULTRAELITE FACEPIECE - HYCAR MEDIUM NOSECUP SPEED -ON HEAD HARNESS ICM 2000 PASS DEVICE WITH THERMAL SENSOR 6 - MSA STEALTH 45 MIN. LOW PROFILE 4500 PSI CYLINDER W/LOGO 6 - MSA 10024074 CLEAR COMMAND COMMUNICATION AMPLIFIERS INSTALLED ON ABOVE ULTRA ELITE FACEPIECES 6 - MSA 485390 KEVLAR POUCH SUB TOTAL SELLING PRICE $22,590.00 SALES TAX = $1,987.92 DELIVERED TOTAL EQUIPMENT PRICE INCLUDING SALES TAX $24,577.92 Brian Morris SeaWestern Inc. Mine Sa ety Appliances Company 1. Express Warranty—Air Masks and/or components furnished under this order carry a Lifetime Warranty against material defects and/orfaulty workmanship, with the exception of those components specifically identified herein. MSA shall be released from all obligations under this warranty in the event repairs or modifications are made by persons other than its own or author- ized service personnel or if the warranty claim results from abuse, misuse, or normal wear and tear of the product. No agent, employee or representative of MSA may bind MSA to any affir- mation, representation or modification of the warranty concerning the goods sold under this contract. MSA makes no warranty concerning components or accessories not manufac- tured by MSA, but will pass on to the Purchaser all warranties of manufacturers of such components. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTEES, EXPRESS, IMPLIED OR STATUTORY, AND 15 STRICTLY LIMITED TO THE TERMS HEREOF: MSA SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ) t- }k... .,.. ,. .>.. .....�✓. �.... �:; ...a..: ..,.. .....�. _. f. .:,-.t._...L., v .. �.-�c>saG..- v•�z io:,_. ._y.._. _". .z"�_ - L :Y=- __�. .N4oa-'�` a� ^�r`94"r?'1:�.>:'. •�'."'.'.^.%�it�-N.y.. Lifetime .? >e f>�,' '.1.. 1:'2;T� ice,: r.'.S'_'- - :_S �xs, iX .3>:,3�"::: MSA requires that the air mask be maintained as specified in the Operations and Instructions Manual; however,the warranty coverage is for material defects and/orfaulty workmanship only, and is not dependent on performing routine maintenance.The material and labor costs of overhaul procedures and other routine maintenance are the responsibility of the purchaser and are not covered by the warranty. Air Mask (less Cylinder) Air Mask Cylinder Until end of service life as controlled by govt. reg/DOT Air Mask Replacement Parts Lifetime Air Mask Critical Repair Parts Lifetime 2. Exceptions—The products below are excluded from MSA's Lifetime Warranty: __.<•:: r..._._.:. , y'k,;•.:'KS'" •.y . : Facemask Blank, Breathing Tube, Harness, & Nose Cup te . Sc 5{ d_. Rubber Product - J. f"x 5 Year Limited/Age Deterioration Electronic Speech Communication Manufacturer's Warranty 1 Year Redundant Alarm DragonFly"" ICM"" Manufacturer's Warranty 2Years Non -Rechargeable Batteries Expendable and/or Consumable Parts N/A 3. Exclusive Remedy—It is expressly agreed that the Purchaser's sole and exclusive remedy for breach of the above warranty, for any tortious conduct of MSA, or for any other cause of action, shall be the repair and/or replacement, at MSA's option, of any equip- ment or parts thereof, that after examination by MSA are proven 4. Exclusion of Consequential Damages—Purchaser specifically understands and agrees that under no circumstances will MSA be liable to Purchaser for economic, special, incidental, or consequential damages or losses of any kind whatsoever, to be defective. Replacement equipment and/or parts will be provided at no cost to the Purchaser, F.O.B. Purchaser's named place of destination. Failure of MSA to successfully repair any nonconforming product shall not cause the remedy established hereby to fail of its essential purpose. including but not limited to, loss of anticipated profits and any other loss caused by reason of the non -operation of the goods. This exclusion is applicable to claims for breach of warranty, tortious conduct or any other cause of action against MSA. ID 0105 -44 -MC/ Mar 2002 © MSA 2002 Printed in U.S.A. Corporate Headquarters P.O. Box 426 Pittsburgh, PA 15230 USA Phone (412) 967-3000 www.MSAnet.com 175. Customer Service Center 1 -800 -MSA -2222 Fire Service Customer Service: Phone 1 -877 -MSA -FIRE Fax 1-800-967-0398 MSA International Phone (412) 967-3354 FAX (412) 967-3451 MSA Canada Phone 800-267-0672 Fax 905-238-4151 MSA Mexico Phone 52 (2) 122 57 30 Fax 52 (5) 3 59 43 30 January 19, 2004 Yakima Fire Department 401 N. Front St. Yakima, WA. 98901 Dear Chief Steve Scott, SeaWestern, Inc. is the sole authorized and designated supplier of MSA Thermal Imaging Cameras, SCBA and parts to the Municipal Fire Department Market in Western and Central Washington and the State of Oregon. SeaWestem, Inc. is an MSA Authorized Repair Center for MSA products in the same market and geographical area. Authorized distributors are assigned a business market within an assigned geographical area. The MSA business plan provides MSA customers with the assurance that authorized distributors will provide them with proper equipment selection, training and repair service. MSA products sold through authorized MSA distributors are backed by MSA warranties. MSA does not and will not restrict a distributor from selling MSA products outside their assigned market or geographical area or establish a selling price. However, sales outside an authorized distributor's market and geographical area are not in accordance with a distributor's Business Agreement agreed to by the distributor and MSA. Should an authorized MSA distributor sell MSA products outside their assigned market and/or geographical area, by terms of the distributor's Agreement, MSA reserves the right to refuse to honor any purchase order for MSA products by the distributor where, in MSA's opinion, the distributor does not have the capability to properly service MSA customers on products or train the customer in product use. The distributor may also be considered for immediate termination as an authorized MSA distributor. Cordially, Eric Muller Fire Service Sales Manager MSA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * J3 For Meeting Of February 3, 2004 ITEM TITLE: A resolution authorizing a sole source purchase agreement with SeaWestern, Inc. for MSA Black Rhino SCBA (Self -Contained Breathing Apparatus) equipment. SUBMITTED BY: Dennis Mayo, Fire Chief Steve Scott, Deputy Chief CONTACT PERSON/TELEPHONE: Steve Scott - 575-6165 SUMMARY EXPLANATION: After extensive evaluation and research of available options, staff respectfully advises Council that an equipment sole source situation exists for the purposes and efficiencies required by the Fire Department for the acquisition of MSA Black Rhino Self -Contained Breathing Apparatus. SeaWestern, Inc. is the sole authorized and designated supplier of MSA SCBA equipment and parts to the Municipal Fire Department market in Western and Central Washington and the State of Oregon. Staff requests City Council approval of the attached resolution authorizing a sole source purchase of the MSA SCBA replacement package. The cost of the package is not more than $305,000. Funds are available in the 2004 Fire Capital Budget. The 2004 FEMA Grant reimburses approximately 70% of this cost. Resolution Ordinance Contract Other (Specify) Funding Source Applicable Operating : udgets APPROVED FOR SUBMITTAL: Mana ' er STAFF RECOMMENDATION: Staff respectfully requests Council approval of the resolution waiving formal bid requirements and allowing the sole source purchase from SeaWestern, Inc., to supply our Fire Department with MSA brand Self -Contained Breathing Apparatus. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-24