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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: j')1�n 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 150089 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. LM Title Title