HomeMy WebLinkAbout06-267 Resolution No. 06-267
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ZIEGLER'S ACE HARDWARE
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 Ziegler's Ace Hardware, for purchase of biodegradable yard waste bags, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: November 8, 2006
Adopted: November 8, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
AGREEMENT FOR PURCHASE OF BIODEGRADABLE
YARD WASTE BAGS
This Agreement is made and entered into this �o vi M 2
gr �7�iay ofr;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 Ziegler's Ace Hardware,incorporated in the state of Illinois and having a principal place
of business at 215 N. Spring Street, Elgin, Illinois ("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 dated September 26,2006,(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, the Proposal documents shall supersede this
Agreement.
ARTICLE II. DURATION AND COMPENSATION. The CONTRACTOR shall commence the
performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The
work shall be complete when the CONTRACTOR has provided and delivered all of the yard waste
bags requested by the CITY. Compensation to the CONTRACTOR shall be in the amount of$1.75
per package of five(5)yard waste bags with the total compensation not to exceed Thirty Thousand
Dollars($30,000).
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 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.
CONTRACTOR CITY OF ELGIN
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October 6, 2006 ' ' t
TO: Mayor and Members of the City Council
01'0f-hot d 6'itufFt
FROM: Olufemi Folarin, City Manager
John Loete, Public Works Direc or
SUBJECT: Purchase of Biodegradable Yard Waste Bag Sales and Distribution (Exception to
Procurement Ordinance)
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a contract to Ziegler's Ace Hardware for the sales and distribution of
biodegradable yard waste bags.
RECOMMENDATION
It is recommended that the City Council approve award of a contract to Ziegler's Ace Hardware for
the sales and distribution of biodegradable yard waste bags for one year in an amount not to exceed
$30,000.
BACKGROUND
As part of the City's Annual Fall Leaf Collection Program, City crews collect loose leaves from the
street in certain areas of town, while the remaining areas are required to bag their leaves for pick-up
by the City's solid waste contractor. At the time of their designation, these bagging areas consisted
primarily of newer subdivisions with less mature trees and therefore, fewer leaves.
In an effort to assist citizens in designated bagging areas, the City provides these residents with free
yard waste bags for use during the Fall Leaf Pick-up season. Residents in the affected areas receive
coupons by mail redeemable for four packs of free yard waste bags (in packs of five) at a local retail
store. For the past several years Ziegler's Ace Hardware has had the contract and staff mistakenly
thought that there was one more renewal option on that contract. This action will cover this year's
supply and the contract will again be bid next year.
Past attempts to bid supplying the bags have met with little success. Fifteen local stores were
actively solicited during the last bid with only one response from Ziegler's Ace Hardware. There are
three Ace Hardware locations throughout Elgin so the contract has worked well and sales and
distribution have been convenient to residents. In general, the stores get little profit from the contract
and have the administrative burden of processing the coupons for payment by the City. The appeal is
p
Biodegradable Paper Yard Waste Bags
October 6, 2006
Page 2
that hopefully residents will make other purchases while they are in the store. When this is bid again
next year, staff will be sure to approach the new businesses on Randall Road to encourage their
participation.
GROUPS/INTERESTED PERSONS CONTACTED
None
4/(FINANCIAL IMPACT
Based on prior years' experience, it is anticipated that this activity will cost between $25,000 and
$30,000. There are sufficient funds budgeted ($32,500) and available ($32,375) in the General
Fund, Refuse Services, Office Supplies, account number 010-3331-754.15-99, to enter this contract
with Zeigler's Ace Hardware at a cost not to exceed $30,000.
WI/LEGAL IMPACT
This is an exception to the procurement ordinance based on section 5.02.020 Section B.9, stating that
"contracts authorized by a vote of 2/3 of all members of the city council then holding office upon a
finding by the city council that an exception to the requirements of the procurement ordinance is
necessary and in the best interests of the city."
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ALTERNATIVES
1. Award the contract as recommended.
2. Do not award the contract at this time.
Respectfully submitted for Council consideration.
did
Attachment
1,09/27/2006 08:25 18477419520 Z HARDWARE CO PAGE 01
Ziegler's AtEHardware
215 N.Spring Street Elgin, Illinois 60120 847/741-8330 FAX 647/741-9520 www.zacc.net
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