HomeMy WebLinkAboutItem 11 Approve a Sole Source Agreement and a Contract wtih Seawestern, Inc AGENDA ITEM SUMMARY Meeting Date: 1/6/2014
Meeting Type: Regular Meeting
Staff Contact/Dept.: Randall B. Groves Staff Phone No: 726-2292
Estimated Time: 5 minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and
Innovative Government Services
ITEM TITLE: APPROVE A SOLE SOURCE AGREEMENT AND A CONTRACT WITH SEAWESTERN, INC. FOR PROCUREMENT OF SELF CONTAINED
BREATHING APPARATUS (SCBA) EQUIPMENT.
ACTION
REQUESTED:
By motion: Approve a Sole Source Agreement and authorize City Manager to
sign a contract with Seawestern, Inc. for procurement of SCBA equipment.
ISSUE STATEMENT:
Eugene-Springfield Fire desires to enter into an agreement with Seawestern, Inc.
for procurement of SCBA equipment to replace existing equipment.
ATTACHMENTS: 1. Seawestern Contract
2. Sole Source Justification
DISCUSSION/ FINANCIAL
IMPACT:
Self-Contained Breathing Apparatus (SCBAs) are critical equipment for the safety and protection of every line Firefighter and Chief Officer. Springfield
currently operates using fifty-two (52) MSA brand SCBA’s purchased in June 2004. The expected life of these ‘air packs’ is 8 – 10 years.
The City of Eugene Fire & EMS replaced their SCBA’s in 2012 with MSA air packs similar to the ones used by Springfield, but an updated version, with additional safety features and newer technologies.
The National Fire Protection Association (NFPA) sets industry standards for
personal protective equipment, and updates the standards every 5 years. NFPA
1981 – The Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) - defines requirements for SCBA functionality, environmental conditioning, and
communications. The 2013 Edition of NFPA 1981 will change the standard
currently in force. For Springfield to obtain the exact same equipment Eugene is using (purchased in 2012), it must be shipped by February 28, 2014. After that date,
any SCBAs purchased will have to meet the 2013 standard, and will be different than the current Eugene units.
With the merger of the IAFF workforce July 1, 2014, the need for standardized, interoperable equipment – particularly Personal Protective Equipment and communications equipment – is critical. The exact same SCBA equipment
throughout Eugene-Springfield Fire Department will be required to implement the workforce transition in July, due to the personal safety factor of operating two
different systems.
Sea Western, Inc. is MSA’s sole authorized supplier of self-contained breathing
apparatus to the Municipal Fire Service Market in Oregon and Western
Washington. Per Springfield Municipal Code 2.703(2)(b) a sole source justification was completed.
Existing equipment replacement funds exist to purchase this new equipment. Total replacement cost of 52 air packs is $207,374.
CITY OF SPRINGFIELD
PURCHASE AGREEMENT
Contract #1106
Dated: January 7, 2014
Parties: City of Springfield “CITY”
A Municipal Corporation of the State of Oregon 225 5th Street
Springfield, OR 97477
and
Seawestern, Inc. “Seller”
Additional Contractor Information:
a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation
b) Address: PO Box 51, Kirkland, WA 98083
b) Telephone: (425) 821-5858
c) Fax No: (425) 823-0636
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Personal Property to be Delivered. Seller will deliver FOB City of Springfield, Oregon SCBA equipment as described in Attachment 1, attached hereto and incorporated herein by this reference
on or before February 28, 2014.
2. Purchase Price. Price for equipment shall not exceed the total of $207,375.
3. Invoicing. Invoice shall be sent to: Jana Sorenson, Springfield Fire & Life Safety, 225 Fifth St, Springfield, OR 97477. Payment will be made upon inspection and acceptance, within 30 days. 4. Warranty. Seller shall warrant equipment as described in Attachment 2 attached hereto and
incorporated herein by this reference.
5. Sourcing. Sole source agreement. Seawestern is the sole source supplier of MSA equipment to the fire service in Oregon.
6. First Point of Contact. For City of Springfield - Jana Sorenson, Senior Management Analyst,
Springfield Department of Fire and Life Safety, 225 Fifth Street, Springfield, OR 97477 (Phone: 541-744-4150) jsorenson@springfield-or.gov.
7. Work Performed. The work to be performed by Seller includes services generally performed by
Seller in his/her/its usual line of business.
8. Tax duties and Liabilities. Seller shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income
C1106 Seawestern Page 1 of 6 AIS ATTACHMENT 1
tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Seller.
9. Indemnification and Hold Harmless. Seller shall defend, indemnify and hold harmless City from
and against all liability or loss and against all claims or actions based upon or arising out of damage or injury to persons or property caused by or sustained in connection with the performance of this
Contract by Contractor except, pursuant to ORS 30.140, for losses, claims, or actions resulting from the sole negligence of City.
The Seller shall assume all responsibilities for the work, and bear all losses and damages directly or
indirectly resulting to the Seller, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Seller shall assume
defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Seller or
any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory
cause of the claim, liability loss, damage or injury and irrespective or whether act, omission, or
conduct of the Seller or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Seller shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its
officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 10 shall not negate Seller’s obligations in this paragraph. 10. Insurance.
a. General Insurance. The Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis
with limits not less than $3,000,000 per occurrence and $5,000,000 in the aggregate for
bodily injury or property damage. The policy will contain a “per project” aggregate endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not
less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this agreement to the extent that the death or bodily injury to persons or
damage to property arises out of the fault of the Contractor or the fault of the Contractor’s agents, representatives or subcontractors. This insurance will be primary over any insurance
the City may carry on its own. If the City requires Professional Liability coverage, the City’s Risk Manager must approve the terms, conditions and limits.
b. Workers’ Compensation. Seller shall provide and maintain workers’ compensation
coverage for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws. If contractor is exempt from coverage, a written statement signed by Contractor so stating the reason for exemption shall be provided to the City. c. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued
by an insurance company satisfactory to the City shall be provided to the City by way of a
City approved certificate of insurance before any work or services commence. d. Notice of Cancellation or Material Change in Coverage. All policies shall provide a 30
day notice of cancellation to the named insured. The Certificate of Insurance shall provide
the following cancellation clause: Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.
e. Equipment and Material. The Seller shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work.
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f. Subcontractors. The Seller shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers’ compensation
insurance with coverage’s equivalent to those required of the general contractor in this contract. The Seller shall require certificates of insurance from all subcontractors as
evidence of coverage.
g. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager.
11. Access To Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Seller which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
12. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement.
13. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of CITY. No modification of this
Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court.
14. Nondiscrimination. Seller shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations.
15. Termination. The performance of work under this Agreement may be terminated by CITY, in whole
or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Seller of a Notice of Termination
specifying the extent to which performance of the work under the Agreement is terminated and the
date on which such termination is effective. Upon delivery to the Seller of a Notice of Termination under this paragraph, the Seller and CITY shall, by agreement, make an appropriate written
modification to this Agreement governing completion of portions of the Seller’s work and payment therefore by CITY.
16. Assignment/Subcontract. Seller shall not assign, sell, transfer, subcontract or sublet rights, or
delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Seller of any obligations of this Agreement, and any
transferee or subcontractor shall be considered the agent of Seller. Seller shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 17. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns. 18. Compliance With All Government Regulations. Seller shall comply with all Federal, State and
local laws, codes, regulations and ordinances applicable to the work performed under this
Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall
be the sole responsibility of Seller. 19. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any
provision of this Agreement, Seller shall pay such additional sums as the Court may adjudge
reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 20. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default
caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY
may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement.
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21. Remedies. This Agreement shall be governed by and construed in accordance with the Laws of the State of Oregon, and any litigation arising out of this agreement shall be conducted in the Courts of
the State of Oregon, County of Lane.
22. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement
and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or
obligations other than those contained herein.
CITY OF SPRINGFIELD: SELLER:
By: By:
Name: Name:
Title: Title:
Date: Date:
C1106 Seawestern Page 4 of 6 AIS ATTACHMENT 1
ATTACHMENT 1
P.O. Box 51, Kirkland, Washington 98083
Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312
www.seawestern.com / E-mail: info@seawestern.com
QUOTATION
TO: Springfield Fire and Life Safety DATE: 10/14/13
225 Fifth Street
Springfield, OR 97477
ATTN: Battalion Chief Dana Burwell
Replying to your inquiry we are pleased to quote as follows:
ITEM NO. QTY DESCRIPTION UNIT PRICE EXTENSION
MSA BREATHING APPARATUS
1. 52 MSA “M7” FireHawk SCBA $3,845.95 $199,989.40
Includes: M7 Carrier and Harness with Swiveling Lumbar Pad
and Chest Strap, FireHawk 2nd Stage PTC CBRN Regulator,
Quickfill Fitting on Chest, Extendaire I with Dual Disconnects,
Internal Heads-Up Display Receiver, “M7” Integrated PASS
Device with Thermal Sensor and Telemetry System and One
ID Tag, and 15 Year Warranty for M7 Electronics.
NFPA 1981, 2007 Edition and 1982, 2007 Edition Complaint
2.
52 MSA Quickfill Kevlar Pouch
Pouch Only, does not included 3 Foot Hose.
$85.00
$4,420.00
3.
4.
5
5
MSA RIT System Upgrade
Includes: Two Low Pressure Hoses and Snap-Tite Quick
Connect Fittings. MSA Part Numbers 10020779 / 10046484.
True North RIT Bag System
With Shoulder Strap.
Total for 52 SCBA and 5 RIT System Upgrades
$397.95 $195.00
$1,989.75 $975.00
$207,374.15
FOB: Springfield, OR TERMS: Net on Receipt
DELIVERY: 60 to 90 Days after receipt of order Sea Western, Inc.
By: Steve Morris / President
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