AGENDA #4i
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Resolution Accepting Bid: Self-Contained Breathing Apparatus
DATE: November 26, 2001
The attached resolution would accept the bid of Newton’s Fire & Safety, Inc. in the amount of $203,750 for self-contained breathing apparatus to replace breathing apparatus currently in use by the Fire Department. The majority of funding for this purchase has been made available as a result of the United States Fire Administration’s Fire Act Grant Program in the amount of $183,375.
On September 18, 2001 the United States Fire Administration awarded the Chapel Hill Fire Department a grant in the amount of $183,375 for the replacement of breathing apparatus. The Operations Division of the Fire Department is the primary user of self-contained breathing apparatus. Self-contained breathing apparatus is a necessary equipment item for use in hazardous/toxic gas environments, such as interior structural firefighting.
The existing breathing apparatus units range from seven (7) to fifteen (15) years in age. Due to the age of this equipment, many replacement parts are either no longer available or are difficult to obtain. The new breathing apparatus will replace all of our existing units. Replacement of this equipment will enhance our firefighting capabilities since design has been improved in an effort to reduce firefighter fatigue and increase range of motion. There have been technological advances as well that are designed to improve firefighter safety.
In addition to federal grant funding, according to the United States Fire Administration, the Town is required to commit matching funds of ten percent (10%) in the amount of $20,375. The total sum for the purchase of self-contained breathing apparatus is $203,750.
The “piggy backing” bid procedure is being used for this equipment. This process is authorized and explained in North Carolina General Statute 143-129(g), which is attached. In essence, it allows the Town to purchase this equipment at the same price as already bid to another government entity through the formal bid process. The City of Concord, N.C. opened bids on July 13, 2001. The advantages of using this method of procurement are a known favorable price and a delivery time much shorter than what we would expect with a formal bid. Another advantage of using this procedure is that the City of Concord, N.C. awarded bid on equipment that our Department’s research team had already selected as the equipment most suitable for replacing our existing breathing apparatus.
We recommend that Council adopt the attached resolution to allow the Town to “piggy back” onto the City of Concord, N.C. bid for the purchase of self-contained breathing apparatus and to commit the required matching grant funds of $20,375. We recommend that matching funds be taken from the fund balance.
1. North Carolina General Statute 143-129(g) (p. 5).
WHEREAS, the Town of Chapel Hill has advertised notice of waiver of the formal bid process by legal notice in The Chapel Hill Herald Classifieds on November 15, 2001, in accordance with G.S. 143-129(g) for the purchase of self-contained breathing apparatus; and
WHEREAS, a formal bid competition was held by the City of Concord, N.C. with a bid opening of July 13, 2001 in accordance with G.S. 143-129; and
WHEREAS, Newton’s Fire & Safety, Inc. offers the Town self-contained breathing apparatus at the same price as offered to the City of Concord, N.C.; and
WHEREAS, in addition to federal grant funding, according to the United States Fire Administration, the Town is required to commit matching grant funds of $20,375.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town implements the waiver of formal bid process in accordance with G.S 143-129(g) and accepts the offer to sell of Newton’s Fire & Safety, Inc. in the amount of $203,750.
This the 26th day of November, 2001.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 (2001-11-26/O-2.1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2001” as duly adopted on June 25, 2001 be and the same is hereby amended as follows:
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
GENERAL FUND
Fire 4,715,625 203,750 4,919,375
REVENUES
GENERAL FUND
Grants 658,817 183,375 842,192
Fund Balance 1,669,201 20,375 1,689,576
This the 26th day of November, 2001.
North Carolina General Statute 143-129(g):
(g) When the governing board of any municipality, county, or other subdivision of the State, or the manager or purchasing official delegated authority under subsection (a) of this section, determines that in the best interest of the unit, the requirements of this section may be waived for the purchase of apparatus, supplies, materials or equipment from any person or entity that has, within the previous 12 months, after having completed a public, formal bid process substantially similar to that required by this Article, contracted to furnish the apparatus, supplies, materials, or equipment to:
(1) The United States of America or any federal agency:
(2) The State of North Carolina or any agency or political subdivision of the State; or
(3) Any other state or any agency or political subdivision of that state, if the person or entity is willing to furnish the items at the same or more favorable prices, terms, and conditions as those provided under the contract with the other unit or agency. Notwithstanding any other provision of this section, any purchase made under this subsection shall be approved by the governing body of the purchasing municipality, county or other political subdivision of the State at a regularly scheduled meeting of the governing body no fewer than 10 days after publication of notice, in a newspaper of general circulation in the area served by the governing body, that a waiver of the bid procedure will be considered in order to contract with a qualified supplier pursuant to this section. Rules issued by the Secretary of Administration pursuant to G.S. 143-49(6) shall apply with respect to participation in State term contracts.