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Home My WebLink About05-28 Resolution No. 05-28 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AIR ONE EQUIPMENT, INC FOR SELF CONTAINED BREATHING APPARATUS 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 Ed Schock,Mayor,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Air One Equipment;Inc., for self-contained breathing apparatus, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 9, 2005 Adopted: February 9, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT This Agreement is made and entered into this day of;�akf&i1 '2005 by and between the CITY OF ELGIN("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois,and AIR ONE EQUIPMENT, INC., incorporated in the state of Illinois and having a principal place of business at 360 Production Drive, South Elgin, Illinois 60177-2637 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response (Proposal)thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, this Agreement shall supersede the Proposal documents and control. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. CONTRACTOR shall furnish all equipment and complete all work within thirty(30)days. 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: (1) 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 goods or 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 goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or 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. 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. &R/l CITY OF ELGIN Name and Title Ed S ck Mayor FEIN NO-3L:3(O9� Attest: City Clerk F:\Legal Dept\forms\Bid Doc-Agreement for RFP-Air One Equipment.doc «.,..,.--- 1 1/GL I vu-t 1 1:=Dam r. laioz 360 Production Drive South Elgin, IL 60177-2637 'Coll Free: 888-247-1204 NO. 00/00/00 AIR O N E Fax: 847-289-900 EQUIPIVIENT11 INC. Email: airone@aoe.net QUOTATION Page 1 129 Sold ELGIN FIRE DEPARTMENT Ship ELGIN FIRE DEPARTMENT To: CITY OF ELGIN To: ATTN; A/C MIKE BAKER 150 DEXTER COURT 550 SUMMIT STREET ELGIN, IL 60120 5527 ELGIN, IL 60120 4219 (847)931-6183 Custr P . O. . . _ : 11/22/04 Air One order:7182 Custr Fax. . . . : (847)931-6179 Salesman. . . . . :SS Ship Date. . . . . 00/00/00 Terms . . . . . . . . :Net-30 Daps Ship Via . . . . . -.UPS Due Date . . . . . . 11/22/04 Ordered Item ID#/Descrip. Ship Unit B/O Price Discount Ext . Price 3.00 MMR XTREME X45 EA 3.00 3750.00 11250.00 N MSA MMR XTREME X45 COMPLETE WITH: VULCAN DOUBLE PULL HARNESS, 1/4 TURN REGULATOR, 30 MINUTE (4500 PSIG) CARB FIBER CYLINDER, SHOULDER MOUNT QUICK-FILL ADAPTOR, R.I. FITTING, ICM 2000 IMNTEGRATED PASS/REDUNDANT ALARM, LES FACEPIECE. -------------------------------------------------------------------------------- 3.00 807587 3.00 EA 750.00 2250.00 N CYL&VLV 1/2 HR CARBON H/P Subtotal 13500.00 Tax TOTAL 13500.00 0.00 Balance Due 13500.00 T b. apes ' We accept VISA/MASTER CARD/AMERICAN EXPRESS C Ity Of Elgin Agenda Item No. y December 10, 2004 TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: David M. Dorgan, City Manager Michael Falese, Fire Chief SUBJECT: Purchase of Self Contained Breathing Apparatus — Sole Source Air One Equipment, Inc. PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider an exception to the procurement ordinance for the purchase of three self /�► contained breathing apparatus (SCBA) from Air One Equipment, Inc. for Ambulance 3. RECOMMENDATION It is recommended that the purchase of three self contained breathing apparatus (SCBA)be authorized from Air One Equipment, Inc. in the amount of$13,500.00. BACKGROUND During 2004, the Fire Department was authorized to purchase and staff an additional ambulance and required accessory equipment and supplies. The Elgin Fire Department outfits all of its front line emergency response vehicles (including ambulances) with SCBAs. It is required that this equipment be the same as the existing SCBA equipment. The Elgin Fire Department has conducted extensive field testing with different manufacturers of SCBA.During live fire scenarios and actual response use, the SCBA manufactured by Mine Safety Appliance (MSA)best fit the Fire Department's needs for the ease of use, reliability, and maintenance schedules. Firefighters are required by law to train extensively and be fit tested for the SCBA that they will be using. It is critical for firefighter safety that there is no confusion as to the location or operation of any part of the SCBA. Telecommunication tax revenue is funding the purchase of required accessory equipment and supplies. Sole Source-Air One Equipment, Inc. December 10,2004 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None A IMPACT The total purchase price of three self contained breathing apparatus (SCBA) from Air One Equipment, Inc. is $13,500.00. There are sufficient funds budgeted ($180,000) and available ($58,388.35) in the General Fund, Fire Department, Station 3 Ambulance, account number 010- 2802-735.92-46,project number 289540, to make this purchase. LEGAL IMPACT WwThe proposed contract requires an exception to the procurement ordinance. ALTERNATIVES 1. Purchase the three self contained breathing apparatus (SCBA) from Air One Equipment, Inc. 2. Solicit bids for similar products and have a mix of equipment for this use. Respectfully submitted for Council consideration. MWF/wmb