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Home My WebLink About06-205 Resolution No. 06-205 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT COMPANY FOR THE PURCHASE OF A RESCUE ONE BOAT 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 Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Equipment Management Company for the purchase of a rescue one boat, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 23, 2006 Adopted: August 23, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR: RESCUE ONE BOAT This Agreement is made and entered into this l 0th day of August,2006 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois, and Equipment Management Company, incorporated in the state of Illinois and having a principal place of business at 22824 West Winchester Dr., Channahon, IL 60410("the CONTRACTOR"). ARTICLE 1. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement and any attachments thereto. ARTICLE 11. SCOPE OF WORK. The scope of work attached hereto and made a part hereto as Attachment"A" (hereinafter referred to as"Quote")at the prices and terms contained therein shall be applicable to this agreement. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the Rescue One Boat with accessories as described in Attachment A hereto on or before September 15, 2006; and the CITY shall pay to CONTRACTOR the total sum of S 1 9,750.00 on or before September 15,2006. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY or (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 V. 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 determined and directed by cities Purchasing Director,in her sole reasonable discretion,incurred by the CITY as a consequence of procuring services as a result of any failure,omission or mistake of the CONTRACTOR in providing the Rescue One Boat with accessories as provided in THIS CONTRACT. ARTICLE VI. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subiectto all the laws ofthe State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, or in the event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason,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. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County, Illinois. ARTICLE VII. 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 ofthe 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 ofjob 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 VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. ARTICLE X. 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 X1. 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 ofor 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 CONTRACT, 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.The provision of this paragraph shall survive any expiration and/or termination of this Agreement. ARTICLE XII. 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 XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized bylaw. ARTICLE XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture,partnership, employment or other agency relationship between the parties hereto,except as may be specifically provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT,the terms and provisions of this CONTRACT shall control. ARTICLE XVI. 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 CONTRACT shall supersede all previous communications, representations,or agreements,either verbal or written,between the parties. ARTICLE XVIL DELIVERY.Title and risk of loss for the goods provided for herein shall transfer upon delivery and acceptance. 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. eTR GName and Title 90lufemi FEIN NO. Sales Order B19859-B Aw Order Date 05/17/06 ftai�araat meffafr,Aeat deapaeT 22824 West Winchester Dr Channahon, IL 60410 USA Customer ELGIN Phone:815/467-8762 Fax:815/467-8763 www.emc4rescue.com Bill To: Ship To: ELGIN FIRE DEPARTMENT ELGIN FIRE DEPARTMENT 550 SUMMIT ST 550 SUMMIT ST ELGIN, IL 60120-4219 ELGIN, IL 60120-4219 THIS IS A QUOTATION Customer Ship Via F.O.B. Tema Purchase Order Number Salesperson Reference No. ELGIN OPTIONS ORIGIN NET 20 DAYS I QUOTE KSEA Quantity Item Number Unit of Measure I Required Date Unit Price Extended Price Order Ship B.O. 1 0 MISC EACH 03/02/06 17500.00 17500.00 RESCUE ONE BOAT-DELUXE PACKAGE WITH N TRAILER-40HP PROP MOTOR 03102/06 KSEA: INCLUDES CONSOLE, LIGHT RACK, CONTROL PANEL, NAVIGATION LIGHTS, DIVE PLATFORM,ETC. 1 0 MISC EACH 03/02/06 150.00 150.00 2 TWIN 55 WATT HALOGEN SPOT LIGHTS N 1 0 MISC EACH 03/02/06 700.00 700.00 LED MINI WARNING LIGHTBAR-RED-INSTALLED N 1 0 MISC EACH 03/02/06 1400.00 1400.00 DELIVERY OF BOAT FROM ALABAMA TO ELGIN N PRICING IS VALID FOR 60 DAYS DELIVERY OPTIONS AVAILABLE-CALL FOR PRICING.PICKUP ALSO AVAILABLE THANK YOU, KEVIN SEARS EMC SALES DIVISION 708-932-6408 CELLULAR Non Taxable Subtotal 19750.00 Taxable Subtotal 0.00 Tax 0.00 Total Order 19750.00 Print Date:05/18/06 12:37 PM Customer Original Page 1 ATTACHMENT A Agenda Item No. -� City of Elgin g r Date June 9, 2006 TO: Mayor and Members of the City Council SAFE GOMMUN11Y FROM: Olufemi Folarin, City Manager Michael W. Falese, Fire Chief SUBJECT: Purchase of a Rescue One Boat—Exception to Procurement Ordinance PURPOSE The purpose of this memorandum is to provide the Mayor and City Council members with information to consider an exception to the Procurement Ordinance with Equipment Management Company for the purchase of one Rescue One Boat. RECOMMENDATION It is recommended that the City Council approve the purchase of a Rescue One Boat, accessories, and delivery from Equipment Management Company in the amount of$19,750. BACKGROUND Water rescue and recovery continues to be a very important part of the fire service and specialized equipment is necessary for improved response and safety to the public and rescuers. Specialized boats are an integral part of search and rescue and recovery tactics used by firefighters and the Elgin Fire Department Dive Rescue and Recovery Team. The current Boat 2 is a 1974 Boston Whaler that was primarily manufactured as a recreational fishing boat. The original purchase price of Boat 2 in 1974 was $995.00. An estimate from August, 2005, indicated that a total of $5,989 in repairs was needed to keep Boat 2 in a safe operating condition. An important factor in the selection of the Rescue One Boat is that it has the capability to attach multiple boats together. Other area fire departments also use the Rescue One Boat which would allow the Elgin Fire Department Dive Rescue and Recovery Team to expand search areas to AVW reduce the time needed to find a victim. Also, the Rescue One Boat is designed as a rescue recovery platform, and not a recreational boat that has been converted for rescue purposes. Fire-Boat 2 replacement June 9, 2006 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There are sufficient funds budgeted ($67,798) and available ($43,131) in the General Fund, account number 010-2801-735.17-99, "General Supplies-Foreign Fire Insurance", project number 282828, to make this purchase totaling $19,750 from Equipment Management Company. EGAL IMPACT W�OExceptionS to the Procurement Ordinance require approval by two-thirds of the City Council. ALTERNATIVES 1. Approve the purchase of a Rescue One Boat from Equipment Management Company. 2. Do not approve the purchase of a Rescue One Boat from Equipment Management Company. Respectfully submitted for Council consideration. MWF/ch Attachment kk� -arm -13 Sales Order B19859 t q _, ;: Order Date 05/17106 r fgnri�:rni�ltaafaavaat C�mp7�7 22824 West Winchester Dr Channahon,IL 60410 USA Customer ELGIN Phone:815/467-8762 Fax:8151467-8763 www.eme4mscue.com Bill To: Ship To: ELGIN FIRE DEPARTMENT ELGIN FIRE DEPARTMENT 550 SUMMIT ST 550 SUMMIT ST ELGIN, IL 60120-4219 ELGIN, IL 60120-4219 THIS IS A QUOTATION Gucner Via F ti,i3- Temm Purchase Order Number Sate rsgn Retererxe No. stop ELGIN OPTIONS ORIGIN NET 20 DAYS QUOTE K Qua y tbe►r[t ! 'Unl*Meastae Da6e Uf*'Prilce Ei tended P Order Ship B O_ Item 1 0 MISC EACH 03102/06 17500.00 17500.00 RESCUE ONE BOAT-DELUXE PACKAGE WITH N TRAILER-40HP PROP MOTOR 03/02/06 KSEA: INCLUDES CONSOLE,LIGHT RACK,CONTROL PANEL, NAVIGATION LIGHTS,DIVE PLATFORM,ETC. 1 0 MISC EACH 03102/06 150.00 150.00 2 TWIN 55 WATT HALOGEN SPOT LIGHTS N 1 0 MISC EACH . 03102/06 700.00 700.00 LED MINI WARNING LIGHTBAR-RED-INSTALLED N 1 0 MISC EACH 03/02106 1400.00 1400.00 DELIVERY OF BOAT FROM ALABAMA TO ELGIN N PRICING IS VALID FOR 60 DAYS DELIVERY OPTIONS AVAILABLE-CALL FOR PRICING.PICKUP ALSO AVAILABLE THANKYOU, KEVIN SEARS EMC SALES DIVISION 708-932-6408 CELLULAR Non Taxable Subtotal 19750.00 Taxable Subtotal 0.00 Tax 0.00 Total Order Print Date:Date:05/18/06 12:37 PM Customer Original Page 1