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HomeMy WebLinkAbout04-85 srttU MtbbAbt TO FROM SUBJECT ,/ ' i Fes•�' F.t' I'i<.�t N DATE / Any Al %. •_..!/ n ^ u iA �•��f��^�.._ '^ '.�� 3 a N C SIGNED `«t WilsonJones® WHITE—ORIGINAL CANARY—DUPLICATE 44-900•Duplicate Resolution No. 04-85 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR AN ELGIN EAGLE STREET SWEEPER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code-Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that David M. Dorgan, City Manager,.be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Standard Equipment Company, for an Elgin Eagle F Street Sweeper, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 14, 2004 Adopted: April 14, 2004 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk C � • Resolution No. 04-85 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR AN ELGIN EAGLE STREET SWEEPER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that David M. Dorgan, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Standard Equipment Company, for an Elgin Eagle F Street Sweeper, a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: April 14, 2004 • Adopted: Vote: Yeas Nays: Recorded: Attest: Dolonna Mecum, City Clerk • CITY OF ELGIN AGREEMENT FOR: ELGIN EAGLE F STREET SWEEPER This Agreement is made and entered into this 7 day of April, 2004 by and between the City of Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois,and Standard Equipment Company., incorporated in the state of Illinois and having a principal place of business 2033 West Walnut Street,Chicago IL 60612 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, and the terms and conditions of the CONTRACTOR'S quote dated March 18,2004,attached hereto and incorporated by reference herein. The CONTRACTOR shall provide an Elgin Eagle F Street Sweeper for a price of S 130,400,which includes a trade in of the City's 1996 Elgin Whirlwind. ARTICLE H. 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 CONTRACTORSs 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 stuns 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. 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 CITY OF ELGIN • Name and Title David Dorgan City Manager FEIN NO. • C it of E I I n Agenda Item No. e March 26, 2003 TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: David M. Dorgan, City Manager P11— John M. Loete, Public Works Director SUBJECT: Elgin Street Sweeper Replacement Exception to the Procurement Ordinance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an exception to the procurement ordinance to purchase an Elgin Eagle street sweeper. • RECOMMENDATION It is recommended that the Mayor and City Council authorize staff to execute the purchase of the Elgin Eagle four wheel mechanical sweeper from Standard Equipment Company in the amount of$130,407. BACKGROUND The 2004 budget includes funds to replace the City's existing four wheel sweeper. The four wheel sweeper is vital to operations with its ability to move at highway speed between work sites. This continues to be of high value with the need to provide service to the east side of the City from a facility on the west side and with the projected westward growth. Staff has negotiated with Elgin Sweeper Company through their manufacture's representative, Standard Equipment Company for the purchase of an Elgin Eagle four wheel mechanical sweeper. The negotiated price is $130,407 which includes a $20,000 trade-in-credit for the existing Elgin Whirlwind sweeper this is replacing. This unit is a demonstration model which makes it available for delivery within two weeks of notification of purchase. This purchase will be an exception to the procurement ordinance, which was done in 1996 and again in 1999, with the desire to continue using Elgin Sweeper Company products in the City. There are several advantages to the City in dealing with Elgin Sweeper locally: 1) Parts are readily available from the manufacturer and equipment downtime is greatly reduced; 2) Parts inventory in the City Garage is streamlined by operating one sweeper brand; 3) Our Garage • mechanics are thoroughly familiar with the Elgin sweeper equipment; 4) Our Equipment . Elgin Street Sweeper Replacement-Sole Source Purchase March 26, 2004 Page 2 Operators are familiar with the Elgin sweeper controls; 5) Any unusual problem can result in instant technical support directly from the local Elgin factory; 6) Both the distributor and manufacturer provide maintenance and operation classes at the factory annually, which is useful for new Operators and Mechanics; 7) Design changes resulting in improved parts are offered to the City for testing purposes; and 8) Years.of reliable service from Elgin Sweeper. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT Funds for this purchase are budgeted and available ($130,000) in the Riverboat Fund, account number 275-0000-791.92-48, project number 339797. The remaining $407 will be transferred from the Public Works Capital Allocation ($30,000 budgeted and available) in the Riverboat Fund , account number 275-0000-791.92-46. EGAL IMPACT The proposed purchase would require an exception to the procurement ordinance which requires a 2/3 vote of the City Council. ALTERNATIVES 1. Approve as recommended. 2. Direct staff to publicly bid the sweeper purchase. Respectfully submitted for Council consideration. CB •