HomeMy WebLinkAbout6.d. Approval of Second Amendment to Agreement to Acquire TSI PortaCount ROSEMOLINT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: April 17, 2012
AGENDA ITEM: Approval of Second Amendment to AGENDA SECTION:
Agreement to Acquire TSI PortaCount Consent
PREPARED BY: Scott Aker, Fire Chief and Amy Domeier, AGENDA NO. �Q�
City Clerk
ATTACHIV�ENTS: Agreement APPROVED BY:
RECOMMENDED ACTION: Motion to approve Second Amendment to Agreement to
Acquire TSI PortaCount and authorize necessary signatures.
SUMMARY
In 1998 and 1999 the Cities of Apple Valley, Eagan, Farmington and Rosemount entered into an
agreement to purchase a shared a piece of equipment that would annually be used by each fire department
to fit test xespirators worn by firefighters. The annual practice of fit testing all respirator users is an OSHA
and NPFA requirement.
In August of 2011 our current TSI PortaCount fit testex suffered a mechanical failure. Upon returning it
to the manufacturer for repair, we were advised that the thirteen year old piece of equipment was not
repairable and no longer supported. With this knowledge the four fire departments engaged in a
conversation and evaluation as to our future practice of respitator fit testing and equipment sharing. The
culxnination of that process provided two recommendations; the first was to continue our collaborative
efforts in sharing such a piece of equipment and modify the agreement as needed to move forward with
purchase a new piece of equipment; second was the make, model and type of equipment to be purchased.
After careful evaluation the TSI Incorporated 8030 PortaCount Pro+ was the only fit testing piece of
equipment that met all of our needs, to include fit testing of self-contained breathixig apparatus (SCBA)
and N95 filltering-facepiece respirators. The TSI Incorporated 8030 PortaCount Pro+ has been
purchased as a single source provider by the City of Apple Valley and equal shares of the cost will be billed
to the Fire Departments of Eagan, Farmington and Rosemount. Each city will make equal financial
contriburions of $2,925.56 for a total cost of $11,702.27.
RECOMMENDATION
Staff recommends the above-stated motion.
SECOND AMENDMENT TO AGREEMENT
TO ACQUIRE A TSI PORTACOUNT
THIS AGREEMENT ("Second AmendmenY') is made this day of
2012, by and between the CITY OF APPLE VALLEY ("Apple Valley"); the CITY OF
EAGAN ("Eagan"); the CITY OF FARMINGTON ("Farmington"); and the CITY OF
ROSEMOLJNT ("Rosemount") (collectively referred to as the "Cities").
WHEREAS, the cities of Apple Valley, Eagan and Rosemount previously entered into an
Agreement to Acquire a TSI Portacount dated July 7, 1998 ("Agreement"), which provided the
sharing of costs and use of the TSI Portacount;
WHEREAS, the Cities later entered into an Amendment to Agreement to Acquire a TSI
Portacount dated June 21, 1999 ("Amendment"), which amended the Agreement to include the
City of Farmington as a party to the Agreement;
WHEREAS, the Cities desire to amend Paragraphs 2 and 3 of the Agreement to reflect
their actual use of the TSI Portacount, as practiced by the Cities since the execution of the
Agreement; and
WHEREAS, the purchased TSI Portacount is no longer operable, and the Cities desire to
purchase a replacement TSI Portacount.
NOW, THEREFORE, the Cities hereby agree as follows:
1. The City of Apple Valley shall purchase a new TSI Portacount, and the Cities
shall equally contribute to the cost thereof.
2. Paragraphs 2, 3 and 4 of the Agreement shall be deleted in their entirety and
replaced with the following:
2. OWNERSHIP OF THE TSI PORTACOLJNT. The TSI
Portacount is owned jointly by the Cities.
3. USE OF PORTACOiJNT. Apple Valley has purchased the
new TSI Portacount on behalf of the Cities for use by the fire departments
of the Cities. The device is used for testing the respirator fit for masks on
self-contained breathing apparatus ("SCBA's"). Each City shall be
entitled to three consecutive months of use and possession every calendar
year. The Cities shall agree to each City's designated three-month period
prior to January 1. In the event an agreement is not reached by January 1,
the TSI Portacount shall be returned to Apple Valley Fire Station No. 1
and Apple Valley shall decide each City's designated three-month period.
During each three-month period, one City shall maintain possession of the
TSI Portacount and keep it in good operating condition. If a non-
possessing City seeks to use the TSI Portacount, it may schedule
reasonable use of the TSI Portacount for its respective fire department by
contacting the possessing City through its fire chief.
4. FINANCIAL RESPONSIBILITY. Apple Valley, Eagan,
Farmington and Rosemount have all made equal contributions in the
amount of Two Thousand Nine Hundred Twenty-Five and 56/100 Dollars
($2,925.56) for the purchase of a new TSI Portacount and for the
establishment of a fund for maintenance and any necessary replacements
of the new TSI Portacount. Unless otherwise agreed by the Cities or
unless Apple Valley withdraws from this Agreement, Apple Valley will
maintain the new TSI Portacount and invoice all Cities in equal shares of
the cost thereof. The Cities shall promptly remit the amount due to Apple
Valley.
3. Except as specifically amended by this Second Amendment, the Agreement and
Amendment shall remain in full force and effect.
4. EFFECTIVE DATE. Each City may sign a separate original of this Second
Amendment and all the originals shall collectively constitute this Second Amendment.
This Second Amendment shall be in full force and effect when all parties sign the Second
Amendment. The signed Second Amendment along with a certified resolution authorizing the
Second Amendment, shall be filed with the City of Apple Valley, which shall notify all Cities in
writing of the effective date of this Second Amendment.
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IN WITNESS WHEREOF, the parties have subscribed their names as of the day and year
first above written.
CITY OF APPLE VALLEY CITY OF EAGAN
By: B
Mary Hamann-Roland, Mayor Mike Maguire, Mayor
AND AND
Pamela J. Gackstetter, City Clerk Christina M. Scipioni, City Clerk
CITY OF FARMINGTON CITY OF ROSEMOUNT
By: By:
Todd Larson, Mayor William H. Droste, Mayor
AND AND
Kevin Schorzman, Interim City Dwight Johnson, City Administrator
Administrator
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