HomeMy WebLinkAbout2012-7-7944ORDINANCE NO. 2012-7-7944
AN ORDINANCE RESCINDING ORDINANCE 2012-5-7923 AND
APPROVING TERMINATION OF A CONTRACT WITH BLUEGRASS FIRE
EQUIPMENT FOR THE PURCHASE OF FIRE STRUCTURAL TURN OUT GEAR,
FOR USE BY THE FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT REGARDING THE SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
WHEREAS, by Ordinance No. 2012-5-7923, adopted May 8, 2012, the
City authorized and approved the purchase of Fire Structural Turn -Out Gear from
Bluegrass Fire Equipment; and
WHEREAS, prior to the consummation of the transactions approved and
authorized by Ordinance No. 2012-5-7923, the parties realized that the bid of Bluegrass
Fire Equipment did not meet the mandatory stipulations of the technical specifications
required by the bid, and subsequently City and Bluegrass Fire Equipment mutually agreed
to terminate the agreement to purchase said equipment.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
Section 1. Recitals and Authorization The Board of Commissioners of
the City of Paducah hereby rescinds in its entirety Ordinance 2012-5-7923, adopted on
May 8, 2012. Such action is in the best interest of the City.
Section 2. Recitals and Authorization The Board of Commissioners
hereby authorizes and approves the termination and cancellation of the agreement with
Bluegrass Fire Equipment whereupon neither party shall have any further obligations
thereunder and said agreement shall have no further force and effect. The Mayor is
hereby authorized and directed to execute a termination of the agreement with Bluegrass
Fire Equipment in substantially the same form as attached hereto as Exhibit A, together
with such other agreements, instruments or certifications which may be necessary to
accomplish the transaction contemplated with such changes to the instruments not
inconsistent with this Ordinance and not substantially adverse to the City as may be
approved by the Mayor. The approval of such changes by the Mayor, and that such are
not substantially adverse to the City, shall be conclusively evidenced by the execution of
such instruments by Mayor.
Section 3. Severability. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this Ordinance.
Section 4. Compliance With Open Meetings Laws. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this
Ordinance were taken in an open meeting of this City Commission, and that all
deliberations of this City Commission and of its committees, if any, which resulted in
formal action, were in meetings open to the public, in full compliance with applicable
legal requirements.
Section 5. Conflicts. All ordinances, resolutions, orders or parts thereof
in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby
repealed and the provisions of this Ordinance shall prevail and be given effect.
Section 6. Effective Date. This Ordinance shall be read on two separate
days and will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
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Tammara S. Sanderson City Clerk
Introduced by the Board of Commissioners, July 10, 2012
Adopted by the Board of Commissioners, July 24, 2012
Recorded by Tammara S. Sanderson, City Clerk, July 24, 2012
Published by The Paducah Sun, July 28, 2012
\ord\fire\turnout gear rescind 2012
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EXHIBIT A
RECISION AGREEMENT
THIS RECISION AGREEMENT made and executed on this day of
July, 2012, by and between the CITY OF PADUCAH, KENTUCKY, a city of the second
class, hereinafter referred to as "City," and BLUEGRASS FIRE EQUIPMENT, INC.,
hereinafter referred to as "Bluegrass."
WITNESSETH:
WHEREAS, the City solicited bids for the provision of Fire Structural Turn -
Out Gear for use by the Fire Department; and
WHEREAS, in response to such bid solicitation, Bluegrass did submit a bid
for the provision of said equipment; and
WHEREAS, following the submission of the bid by Bluegrass, the City did
open the bids and accept the bid provided by Bluegrass; and
WHEREAS, the City did adopt an ordinance and entered into a contract
dated May 17, 2012, with Bluegrass for the provision of said equipment; and
WHEREAS, it was subsequently determined that the accepted bid did not
meet the lowest evaluated bid in full compliance with the technical specifications of the bid;
and
WHEREAS, the City requires that the technical specifications of the bid be
met; and
WHEREAS, each party was under the mutual mistake that Bluegrass' bid
met the conditions and specifications of said bid, and by reason of such mistake, the parties
do now desire to rescind the bid and subsequent purchase contract entered into by the City
and Bluegrass.
NOW, THEREFORE, in consideration of the foregoing premises, and for
valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged
by all parties hereto, the parties do covenant and agree as follows:
1) It is mutually agreed between the City and Bluegrass that the bid offered
by Bluegrass and the purchase contract executed between the parties predicated upon such
bid be hereby and forever rescinded. Hereafter, each party shall stand fully relieved from the
bid, the acceptance of the bid, and the purchase contract.
2) The City shall have the unfettered right to review and accept one of the
other bids which were offered in response to the City's solicitation for bids. Bluegrass
hereby waives any right or claim to protest acceptance of such other bids.
3) This Agreement shall be fully binding upon the parties hereto, their heirs,
successors and assigns.
CITY OF PADUCAH, KENTUCKY
BLUEGRASS FIRE EQUIPMENT, INC.
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