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HomeMy WebLinkAbout07-124 Resolution No. 07-124 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AMERICAN AIRWORKS FOR PURCHASE OF FIRE HOSE DRYER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with American Airworks, for purchase of a fire hose dryer, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 23, 2007 Adopted: May 23, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk CITY OF ELGIN AGREEMENT WITH AMERICAN AIRWORKS FOR PURCHASE OF FIRE HOSE. DRYER This Agreement is made and entered into this��day of Marc*,2007 by and between the City of Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and American Airworks, incorporated in the state of , and having a principal place of business at 578 Robert C. Byrd Drive, P.O. Box 1000, Sophia, WV 25921-1000("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 February 21,2007,(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 the fire hose dryer to the CITY. Compensation to the CONTRACTOR shall be in the amount of$12,420.00 for Item AC99201 -Dryer,Hose,Electric,240V, 1 Phase,2 Wire;and Yellow Freight charges in the amount of$450.00, with the total compensation not to exceed Twelve Thousand Eight Hundred Seventy Thousand Dollars ($12,870). 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 AMERICAN AIRWORKS Nam d Title OlufZa n a g i Fo 'n' City FEIN NO. F:\Legal Dept\forms\Bid Doc-Agreement AmericanAirworks-FireHoseDryer.doc AMERICAN Quote ---.-93A RWORKS 578 Robert ate Quote# Bert C.Byrd Drive PO Box 1000 2/21/2007 4581 Sophia,WV 25921-1000 Name/Address Ship To Elgin City of 150 Dexter Court Elgin IL 60120 hryniewiC2;_M@Cityofelgin.org FOB Rep Origin TM Item Description Qty Cost Ea Total AC99201 Dryer,Hose,Electric,240V,1Phase,2Wire 1 12,420.001 12,420.00 Yellow Freight Yellow Freight 1 450.00 450.00 Total $12,870.00 City of Elgin Agenda Item No. aF March 9, 2007 TO: Mayor and Members of the City Council SAFE CC>MMtJ'NITY FROM: Olufemi Folarin, City Manager Michael W. Falese, Fire Chief SUBJECT: Purchase of a Fire Hose Dryer—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 for the replacement of one Circul-Air fire hose dryer from American Airworks. RECOMMENDATION It is recommended that the City Council approve the purchase of one fire hosedryer from p ry American Airworks, in the amount of$12,870. BACKGROUND The fire hose dryer at Fire Station 2 is nearly 50 years old, not in proper working condition and is in need of replacement. According to the manufacturer, Circul-Air, this fire hose dryer is not able to be retrofitted with a new electronics package to make it usable. Circul-Air has retrofit two existing fire department fire hose dryers at a substantial savings as compared to buying new fire hose drying units. Dependable firefighting hose is an integral part of performing the tasks necessary to keep property damage to a minimum during a fire and to ensure the safety of the citizens and firefighters that use the fire hose. The Elgin Fire Department annually tests and maintains its fire hose to get the maximum amount of use out of this important piece of equipment. The fire hose dryer is an important part of this maintenance as the fire hose dryer allows the hose to dry at a controlled temperature and rate which extends the life of the inner rubber lining. The Elgin Fire Department has used Circul-Air fire hose dryers since the 1950's and has had excellent service from these units. Circul-Air is the only manufacturer of this type of fire hose dryer and American Airworks is the distributor for the product. f FIRE—Hose Dryer March 9, 2007 Page 2 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". COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None. 7/1_F_INANCIAL IMPACT There are sufficient funds budgeted ($17,000) and available ($17,000) in the Riverboat Fund, account number 275-0000-791.92-46 (Other Equipment), project number 289692 (Sta 2 Hose Dryer)to make this purchase totaling$12,870 from American Airworks. EGAL IMPACT VV/The proposed agreement requires an exception to the procurement ordinance. ALTERNATIVES 1. The Council may choose to approve the purchase of one fire hose dryer from American Airworks. 2. The Council may choose not to approve the purchase of one fire hose dryer from American Airworks. Respectfully submitted for Council consideration. MWF/wmb Attachment