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Home My WebLink About08-17 Resolution No. 08-17 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NICOMM WIRELESS COMMUNICATIONS, L.L.C. FOR THE PURCHASE OF ALERTING SYSTEM EQUIPMENT FOR FIRE STATION 7 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 an agreement on behalf of the City of Elgin with Nicomm Wireless Communications,L.L.C.,for the purchase of alerting system equipment for Fire Station 7,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 13, 2008 Adopted: February 13, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 0-4 Resolution No. 08-17 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NICOMM WIRELESS COMMUNICATIONS, L.L.C. FOR THE PURCHASE OF ALERTING SYSTEM EQUIPMENT FOR FIRE STATION 7 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 an agreement on behalf of the City of Elgin with Nicomm Wireless Communications,L.L.C.,for the purchase of alerting system equipment for Fire Station 7,a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: February 13, 2008 Adopted: Vote: Yeas Nays: Recorded: Attest: Diane Robertson, City Clerk CITY OF ELGIN AGREEMENT WITH NICOMM WIRELESS COMMUNICATIONS, L.L.C. FOR PURCHASE OF ALERTING SYSTEM EQUIPMENT FOR FIRE STATION 7 THIS AGREEMENT is made and entered into this 24-day ofd 201 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois,and Nicomm Wireless Communications,L.L.C.,a Limited Liability Company in the State of Illinois and having a principal place of business at 2235 Gateway Drive, Sycamore, Illinois 60178 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement,the Request Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response dated September 25,2007(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 SCHEDULE. 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,delivered and installed the Comtech Fire Station Alert System for Fire Station#7 requested by the CITY. CONTRACTOR shall complete the delivery and installation of the entire Comtech Fire Station Alert System on or before March 31, 2008. Compensation to the CONTRACTOR shall be in the amount of Twenty-two Thousand Two Hundred Seventy-Five and no/100ths ($22,275.00). Such compensation shall be paid to the CONTRACTOR within thirty(30)days following CONTRACTOR'S completion of its work and the alert system being testing and operational. 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. 2 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. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. ARTICLE XIV. WARRANTY. CONTRACTOR shall and hereby does include a one (1) year parts and labor warranty on all of the labor and products to be provided as part of this CONTRACT. Such one (1) year warranty shall be from the date of installation by the CONTRACTOR. CONTRACTOR shall correct at its sole cost any defects in any parts or labor provided pursuant to this CONTRACT. ARTICLE XV. 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. SIGNATURE PAGE FOLLOWS 3 IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN NICOMM WIRELESS COMMUNICATIONS L.L.C. By By ?arGai e eneral Manager Olu' la City ana r FEIN NO. 36-4262269 F:\Legal Dept\forms\Bid Doc-Agreement for Alerting Equip-Fire Stn Tdoc 4 0 L.L.C. Wireless Communications Since 1977 2235 Gateway Dr. • Sycamore, IL. 60178 815-758-0661 •800-448-0410 •815-758-0280 fax www.nicomm.net Prepared for: City of Elgin Fire Department Attn: Capt. Dave Schmidt Comtech Fire Statior Alert System/ station #7 Date: 9/25/07 Qty. 1 Model 10 HUE, $8850.00 $8850.00 Qty. 1 CAD interface $2500.00 $2500.00 Qty. 1 Tone Decodei Board $195.00 $195.00 Qty. 5 2 Tone Decocers $205.00 $1025.00 Qty. 1 5 Port switch $65.00 $65.00 Qty. 1 Vega IP223 $1925.00 $1925.00 Qty. 1 Astron power supply $145.00 $145.00 Qty. 1 UPS $565.00 $565.00 Qty. 1 Wall Rack 16f:U $475.00 $475.00 Qty. 10 LED egress I ghts(red) $110.00 $1100.00 Qty. 2 Strobe Lights $95.00 $190.00 Qty. 1000'Plenum Wire $165.00 $165.00 Sub-Total $17200.00 Shipping $275.00 Tax Exempt Installation $4800.00 Programming 12c227,.00 ded Price good for 30 days Total PROPOSAL I January 18, 2008 2 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager SAFE COMMUNITY John Henrici, Fire Chief SUBJECT: Purchase of Fire Station Alerting Equipment for Fire Station #7 from Nicomm L.L.C. 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 Nicomm L.L.C. for the purchase of the fire station alerting system equipment. RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into this contract with Nicomm L.L.C. in the amount of$22,275. BACKGROUND The purchase will be for the required equipment for fire station alerting. Notification of fire and ambulance alarms to Elgin fire stations is accomplished through the fire station alerting system. The six existing fire stations all have identical equipment, as this type of system requires very specific identical equipment in each fire station. Nicomm L.L.C. is the sole provider of this equipment. It is imperative that all of the fire station alerting equipment is kept identical for the maintenance and update of said equipment. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total budget for this projectundslbud budgeted ($4,918,600) and available ($304,566) encumbered to date. There are sufficient g in the Riverboat Lease Fund, account number 276-0000-791.92-36, "Buildings and Structures," project number 289506 (Fire Station 7)to enter into the $22,275 contract with Nicomm L.L.C.. Fire Station Alerting Equipment for Fire Station#7 January 18, 2008 Page 2 LEGALIMPACT The proposed agreement would constitute a sole source procurement pursuant to Chapter 5.14 of the city's procurement ordinance. ALTERNATIVES 1. The City Council may choose to purchase the fire station alerting equipment from Nicomm L.L.C. 2. The City Council may choose not to purchase the fire station alerting equipment from Nicomm L.L.C. Respectfully submitted for Council consideration. JH/das