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Home My WebLink About06-67 Resolution No. 06-67 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENVIRONMENTAL SAFETY GROUP, INC. FOR PURCHASE OF THERMAL IMAGING CAMERAS 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, be and is hereby authorized and directed to execute and agreement on behalf of the City of Elgin with Environmental Safety Group, Inc. for the purchase of four Bullard T3 XT Thermal Imaging Cameras, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR: This Agreement is made and entered into this _23 day of_March_, 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 Environmental Safety Group,incorporated in the state of_Illinois_and having a principal place of business at_570 E.North Frontage Rd., Bolingbrook, IL 60440_("the CONTRACTOR"). ARTICLE 1. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement and any attachments thereto. ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall supply the materials and services provided in Attachment A,attached hereto and made a part hereof at the prices and terms contained herein. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide all goods provided for in Quote on or before May 23,2006.City shall pay CONTRACTOR the total sum of Thirty Thousand Dollars($30,000)on or before June 23,2006. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,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. In the event of any failure,omission,mistake or breach by CONTRACTOR,CITY shall be entitled to a refund of any and all sums paid to CONTRACTOR pursuant to this Agreement upon thirty days written demand.Such refund shall not constitute nor be construed as a waiver of any other rights to which CITY may otherwise be entitled. ARTICLE VI. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to 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 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 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 ofthe 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 XI. 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 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. 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 by law. 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 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. 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. CONTRACTO ITY OF ELGIN ame d it e Olufemi oiarin City r FEIN N OO s� Environmental Safety Group ENVIRONMENTAL SAFETY GROUP, Inc. 570 East North Frontage Road Bolingbrook, IL 60440 800.242.4295 847.265.6603 fax Zeke Kuzmanovich Northern Midwest Representative Bullard T3 XT Thermal Imagers come with the following items: Standard two NiMH batteries AC/DC battery chargers Bullard Retractable lanyard Removable D Handle Truck Mount Powerhouse One year limited warranty Lifetime warranty from Bullard on outer casing Interactive Thermal Imaging Orientation software 48 hour service on any repairs (see warranty for complete details) Onsite training for each shift is included Quantity Price each Total 4 $7,500 $30,000 Price Quote valid until 02/28/06 Al . Agenda Item No. .,j City of Elgin February 3, 2006 TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Olufemi Folarin, City Manager( " Michael Falese, Fire Chief SUBJECT: Purchase of Thermal Imaging Cameras—Exception to 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 with Environmental Safety Group for the purchase of four Bullard T3 XT Thermal Imaging Cameras. RECOMMENDATION It is recommended that the City Council approve the purchase of four Bullard T3 XT Thermal Imaging Cameras including accessories and training from Environmental Safety Group in the amount of$30,000. BACKGROUND Thermal Imaging Cameras have been proven invaluable to the fire service over the last 10 years and have been credited for saving numerous lives of fire victims by enabling firefighters to literally see through smoke in zero visibility to find trapped occupants. In addition to saving lives, Thermal Imaging Cameras have been very useful in preventing further fire damage by pinpointing the location of the fire and heat sources, enabling faster fire extinguishment and limiting costly overhaul damage. Changes in technology, availability of parts and service, ease of use and compatibility of components were the factors determining the timeframe for purchasing. The purchase of four Thermal Imaging Cameras was identified as a priority in the 2005 Fire Department Budget and approved for purchase by the City Council. The $30,000 for the purchase of Thermal Imaging Cameras was approved as a 2006 Fire Department Decision Package. The purchase of four Thermal Imaging Cameras will allow the Elgin Fire Department to have this life saving technology on every front line fire suppression apparatus. In April, 2005, the Training Division of the Fire Department, along with several on duty fire department suppression companies, field tested eight "third generation technology" Thermal Imaging Cameras from six different manufacturers under demanding, live- fire conditions. The results of the testing indicated the Bullard T3 series of Thermal Imaging Cameras exceeded the test criteria and provided the most capabilities for the cost. t FIRE-Exception TIC February 3, 2006 Page 2 GROUPS/INTERESTED PERSONS CONTACTED None NANCIAL IMPACT The total cost of the purchase of four Bullard T3 XT Thermal Imaging Cameras from Environmental Safety Group is $30,000. A total of $30,000 is budgeted and available for the purchase of the Thermal Imaging Cameras in the Riverboat Fund, account number 275-0000- 791.92-46, "Other Equipment", project number 239609, "Thermal Imaging Camera". of,�E IMPACT Exceptions to the procurement ordinance require approval by two-thirds of the City Council. ALTERNATIVES I. Approve the purchase of four Bullard T3 XT Thermal Imaging Cameras from Environmental Safety Group. 2. Do not approve the purchase of four Bullard T3 XT Thermal Imaging Cameras from Environmental Safety Group. Respectfully submitted for Council consideration. MWF/wmb Attachment Safety Group Environmental ENVIRONMENTAL SAFETY GROUP, Inc. 570 East North Frontage Road Bolingbrook, IL 60440 800.242.4295 847.265.6603 fax Zeke Kuzmanovich Northern Midwest Representative Bullard T3 XT Thermal Imagers come with the following items: Standard two NiMH batteries AC/DC battery chargers Bullard Retractable lanyard Removable D Handle Truck Mount Powerhouse One year limited warranty Lifetime warranty from Bullard on outer casing Interactive Thermal Imaging Orientation software 48 hour service on any repairs (see warranty for complete details) Onsite training for each shift is included Quantity Price each Total 4 $7,500 $30,000 Price Quote valid until 02/28/06