Agenda Cover Memorandum
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1 Agenda Cover Memorandum Meeting Date: March 6, 2017 Fiscal Year: 2017 Meeting Type: Committee of the Whole City Council Budget Workshop Item Title: Approve the purchase order for one Multi-Force Door Forcible Entry Door Simulator from Firehouse Innovations Corp., Seaford, NY in the amount of $6, Item Type: Transfer Budget Amendment Purchase Order Other Action Requested: Approval For Discussion Feedback Requested For Your Information Staff Contact: Paul Lisowski Phone: (847) Background: The Training Division of the Fire Department has budgeted for the purchase of one forcible entry door simulator. This simulator allows for our firefighters to practice their skills in forcing entry into almost every type of door they may encounter on an emergency call. There are two very different techniques that we practice when we encounter a locked door that we need to breach. When we encounter a locked door in an emergency, such as a fire or medical emergency, we need to get through the door in the fastest manner possible. In a single family home, this is usually accomplished quickly and with minimal effort. However, in commercial, industrial, and multifamily residential locations, we are faced with some doors that are very difficult to breach due to heightened security measures. The second technique we use is called upon when we need to breach a door, but time allows for us to try to breach the door while also causing the least amount of damage to the owner. We use this technique during lockouts or well-being checks. This forcible entry door simulator allows for our Training Captain to teach multiple ways to breach a door under different scenarios. Since our firefighters are called upon to force entry many times each month, this is a skill that requires practice and we believe this simulator is the best option available. Unlike some other simulators, this one can be disassembled and moved so that it can be taken from one firehouse to the other. Additionally, this simulator has two swinging doors which will allow the firefighters to practice their technique on both left and right swinging doors. For those reasons, the Training Captain believes this is the best forcible entry simulator and Firehouse Innovations Corp. is the only manufacturer of this item. He has searched extensively and not found any other forcible door simulator on the market that has these options and is also portable. This should satisfy two of the criteria from Council Policy 18 Prohibited Sourcing and Contract Practices: a) only one known source exists for supplies or services as determined by documented research and c) only one source meets the business needs of the agency. Since this is a sole source item and the purchase amount is over $2,500.00, Staff is required to bring this procurement to the Finance Committee for approval. This memo was posted on the City website on Friday February 17, The Procurement Officer published notice of intent to use sole source procurement through the Bid/RFP section of the City s website on Friday February 17, The Finance Committee may grant approval for sole source procurement by a 2/3 majority approval by all Aldermen. This was discussed at the February 27, 2017 Committee of the Whole meeting and passed unanimously 6-0. Recommendation: Approve the purchase order for one Multi-Force Door Forcible Entry Door Simulator from Firehouse Innovations Corp., Seaford, NY in the amount of $6, Budget Implications: Does Action Require an Expenditure of Funds: Yes No If Yes, Total Cost: $6, If Yes, is this a Budgeted Item: Yes No Requires Budget Amendment If Budgeted, Budget Code (Fund, Dept, Object):
2 Agenda Cover Memorandum (Cont.) Attachment(s), if any: Sole Source Letter Price Quote Contract Page 2 of 2
3 3795 Martin Court, Seaford, NY Phone Fax April 16, 2015 TO WHOM IT MAY CONCERN: Dear Sir or Madam: Please be advised that I am the creator and the sole source of the Multi-Force Door US PATENT NOS. 8,408,917 B2 and 8,926,332 B2 (Forcible Entry Door Simulator), and that no one else sells them for my company. If you need any more information, please call the above number. Sincerely, Mike Perrone, President/Owner miperro56@aol.com
4 3795 Martin Court, Seaford, NY Tel: Fax: PURCHASER (s): Park Ridge Fire Dept. Park Ridge, IL PRICE QUOTE September 29, 2016 SHIP TO: Park Ridge Fire Dept. Park Ridge, IL Attn: Capt. Derek Decker You recently requested pricing information from our company. Here is our quote: Quantity and description of item Price per unit Price One (1) Multi-Force Door (Forcible Entry Door Simulator) **includes FE Training DVD 6, $6, Additional Features if Requested: -- check box, add to total Cutting Station $250 Battering Ram Attachment $450 Shipping & Handling : Or Purchaser can pick up the door at no cost (includes demo) $0 Please provide a copy of your Tax Exempt Certificate or the applicable sales tax (if required) will be charged: Tax: TOTAL: $6, Also attached is a copy of our Contract of Sale (2 pages). Please complete and return a signed copy with your Purchase Order. Please provide a copy of your Certificate of Tax Exemption for our records. Sincerely, Mike Perrone, President
5 TERMS AND CONDITIONS OF THE TRANSACTION BETWEEN: SELLER: Firehouse Innovations, Corp. PURCHASER: DATE: The Seller agrees to sell and the Purchaser agrees to purchase ( ) Multi-Force, Forcible Entry Door System to be used to assist Fire Departments in training their members on the task of forcible entry of doors. This agreement comprises the entire agreement affecting the purchase of this product and no other agreement or understanding of any nature concerning same has been made or entered into, or will be recognized. I have agreed to pay the following price of: $6,200 per door for door(s) { } with shipping: $ or { } without shipping for a total of: $. That amount will be delivered to the Seller upon delivery of the product or within thirty (30) days of delivery of the product, and shall be paid by bank check or money order. Fire department checks are acceptable. The Seller agrees to deliver the product, or Purchaser may pick it up at Seller s New York address. It will be assumed by the Purchaser and Seller that the employees and/or agents of the Purchaser are familiar with the product and know how to use same, safely and efficiently, either by direct instruction from Firehouse Innovations, Corp. or by the Instructional DVD s provided by Firehouse Innovations, Corp. The Seller shall not be liable for any delays in delivery of the product. And the Seller shall not be liable for any consequential damage, alleged to have been suffered by the Purchaser of any other type of damage whatsoever. The Seller expressly disclaims all warranties expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose. And that the Seller neither assumes, nor authorizes, any other person to assume for them any liability in connection with the purchase of this product. The Seller shall give a limited one-year warranty relating to a problem caused by a manufacturing defect or faulty parts. The Seller agrees to repair or replace these faulty parts within this one-year period only. The Purchaser understands that the Seller has the right to change the design of the product at anytime; however, if done prior to delivery to the Purchaser, notice of any changes will be required. If the 1
6 changes are not acceptable to the Purchaser, the Purchaser is able to cancel the order without penalty or payment to the Seller. If this contract is cancelled by the Purchaser (not for reason of design change by Seller) prior to delivery, without consent of the Seller, the Purchaser understands he will be liable for liquidated damages in the sum of $500. Both the Purchaser and the Seller agree that this agreement is governed by New York State law. Any dispute arising per this agreement shall be submitted to binding arbitration, in front of American Arbitration Association. The Purchaser agrees that this product (Multi-Force, Forcible Entry Door System) shall not be rented out for monetary gains to other fire departments. All warning stickers or Firehouse Innovations, Corp. logo stickers shall not be purposely covered or removed from this product. Any such stickers accidently removed can be replaced by Firehouse Innovations, Corp. upon notice. By executing this document I have agreed that I have read and understand the subject matter of this agreement. I agree that this is the only agreement between the parties hereto. That I have had the opportunity to consult with legal counsel of my own choosing. And I certify that I am of legal age and sound mind to enter into this agreement. Dated: SELLER: PURCHASER: FIREHOUSE INNOVATIONS, CORP. BY: Michael Perrone, President BY: 2
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