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HomeMy WebLinkAbout02-92 Resolution No. 02-92 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AIR ONE EQUIPMENT, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 14 . 010 the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Air One Equipment, Inc . for a Mine Safety Appliances Company air supply system, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 13 , 2002 Adopted: March 13 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR MSA Air Supply System This Agreement is made and entered into this 2:� day of Te 2002 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the§tate of Illinois, and At'ti 0X*60 U PrlktJ I t WC— —,incorporated in the state of /C-L/ U 1'S and having a principal place of business at w10.l.6tHT ()WO IJAU M NA 06r f (, ("the CONTRACTOR"). 1901q 3 ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, and the quotation dated January 14, 2002 attached hereto, incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the quotation. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a purchase order from the City. ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14)days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for services,the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director,incurred by the CITY as a consequence of procuring services as a result of any failure, omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES.Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall. indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers,employees,agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers,employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year,or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. - IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR ��r�� f CITY OF ELGIN 61e�a�ndTitle Olu emi arin S�9it/�,Pg � `'Pfy Inter'm City a FEIN NO. &6 - - - lY•Jr HIR EQUIPMENT INC P.el AIR ONE EQUIPMENT, INC. 1 / ,,(,113 1880 Wftht Blvd., Schaumburg, iL 60193 QU Aroom r8�tM:847-301-7296:Fax 847-3d1-7298 A ONE ,�.fi- � 7S- - o00o- �q/. 9 Z 't 7 v Iit� 3 903 m TO! ELGIN FIRE DEPARTMENT 550 SUMIT STREET DATE: 01/14/02 ELGIN, IL 60120 RVeAeHcE SAFETY 8QU I PMF.>!TT ATM: R. SAGIN We am pleased to submit the following quotation in accordw"with your request.Prices in oJfed tot 30 days from quotation date. aT1f PART IdUAABEA DESCRIPTION EACH EXTENDED 4 *NSA* NSA PREMAIRE SUPPLIED-AIR RESPIRATOR SYSTEM 1350.00 $5400.00 WITH 10--MINUTE ESCAPE CYLINDER AND CASE 2 807588 NSA 60.-HINUTE (4500 PSIG) STEALTH CARBON AIR 1240.00 2480.00 CYLINDER I *B-PAD - AIR ONE CUSTOM 4-MANIFOLD AIR BOX C014PLETE 1028.00 WITH LOW-PRESSURE WARRING DEVICE 24 455022 NSA 50 FT. AIR-SUPPLY HOSE, NEOPRENE WITH 246.00 5904.00 FITTINGS 1 *AIR* AIR 021E CUSTOM 2-CYLINDER MANIFOLD SYSTEM FOR 438.00 B-PAD MA ERIAC/SERVICES HCEIVE D IN GOOD: CONDITIJ°%, APPRC VED F IEN ESTIMATED DELMERY: UPON REQUEST IR E ,INC. ev CUS7WER COPY TOO In '10daQ a2II3 HID13 6LT9 T£6 LtV YV3 69:9T ZOOZ/SZ/ZO D : City of Elgin Agenda Item No. February 22 , 2002 TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Olufemi Folarin, Interim City Manager SUBJECT: Sole Source Purchase for Fire Department PURPOSE The purpose of this memorandum is to provide the Mayor and the members of the City Council with information to award a sole source contract for an MSA air supply system for the Fire Department . BACKGROUND The Elgin Fire Department received approval to purchase a hard-line air supply system used for confined space entry and rescue. The proposed MSA hard-line breathing system is compatible with the Fire Department' s current Cascade systems, which will allow the use of the hardline system off the mobile Cascade unit . The proposed unit is also compatible with the Fire Department' s self-contained breathing apparatus face pieces, also made by MSA, eliminating the need to purchase additional face pieces . Air One Equipment is the only authorized dealer of an MSA hard-line air supply system in this area. A letter from the manufacturer is attached. The cost of the unit is $15, 250 . GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT There are sufficient funds available in account number 275-0000- 791 . 92-47, Elgin Riverboat Fund, Communications Equipment, project number 239063 . LEGAL IMPACT Sole source procurements are permitted under Elgin Municipal Code Chapter 5 . 14 . Sole Source for Fire Department February 22 , 2002 Page 2 ALTERNATIVES None. RECOMMENDATIONS It is recommended that the City Council approve award of a sole source contract to Air One Equipment in the amount of $15, 250 for an MSA air supply system. Respectfully submitted, em y arin Olu Interi ger GAC Attachment FEB-10-2002 16:25 AIR EQUIPMENT INC H.Wee Mine Safety Appliances Company Chicago District Sales Office • 1000 Nicholas Boulevard Elk Grove Village,IL 60007 Telephone:(708 439-7474 Tcicfax:Ma)439-7496 1-6W-MSA-2222 ANcr hours,cinerg nd- 1-800-MSA-5555 To Whom It May Concern. Please be advised tha Air One Equipment is the only authorized MSA Fire dealer in Northern Mffiois. Sincerely, MINE SAFETY AFFLIANCES COMPANY Donna A Pahl District Office Manager 1 TOTAL P.02