Loading...
HomeMy WebLinkAbout09-259 Resolution No. 09-259 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT COMPANY FOR FIRE DEPARTMENT PROTECTIVE CLOTHING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Agreement with Equipment Management Company for fire department protective clothing on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN AGREEMENT FOR RFP Number:09-066 for:Fire Protective Turnout Clothing This Agreement is made and entered into this 2ndday of December , 2009 by and between the City of Elgin ("the CITY'), a munic'pal corporation r nized and existing under the laws of the State of Illinois, and Elk/ incorporated in the state of ZL and having a principal place of buskess at "the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement,the Invitation for RFPs (IFB) including all documents referenced therein and the Contractor's RFP response(RFP) 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 IFB and CONTRACTOR'S RFP. In the event there is a conflict between this Agreement and the RFP documents,the RFP documents shall supersede this Agreement. ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide the goods or services described in the IFB and RFP, at the prices and terms contained therein. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods or services upon receipt of purchase order;and the CITY shall pay to CONTRACTOR the total sum of$ 30,000 . 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. 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 directed by the Purchasing Director, 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 goods and services as provided in THIS CONTRACT. ARTICLE VI. 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,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. 18 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 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. ARTICLE XVIL 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. 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 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 Q9rJLGIN gN ame and Tit S tegalQ City Manager FEIN NO. '� 1 S 19 City of Elgin Agenda Item No. November 25,2009 `1 TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager_ afr `"""u"``y John E. Henrici,Fire Chief SUBJECT: RFP#09-066 Fire Department Protective Turnout Clothing PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for the manufacture of Fire Department protective turnout clothing to Equipment Management Company. RECOMMENDATION It is recommended that the City Council approve the award of a contract to Equipment Management Company for Fire Department protective turnout clothing in the amount of$15,000 annually for two years. BACKGROUND The Request for Proposal (RFP) was posted on the City of Elgin website and published in the October 16, 2009 issue of the Courier News. Seven timely proposals were received and opened on October 30, 2009. Previous field testing of various manufacturers of Fire Department protective turnout clothing was completed in 2007 and a minimum set of requirements for the construction of the protective equipment was determined. Product evaluation using comparable Fire Department protective turnout clothing is critical for assessing the performance of the protective clothing in a wide range of emergency and non-emergency situations. Of the seven proposals received, five were deemed to be compliant with the specifications of the RFP. The apparent lowest respondent did not provide the product information required. Out of the five compliant proposals, Equipment Management Company is recommended to supply the protective turnout clothing for the members of the Elgin Fire Department. Equipment Management Company was compliant with the proposal requirements and met the performance criteria as defined in the RFP document. Although price was not the primary deciding factor, this company offered the lowest price and complied with all specifications. RFP#09-066 Fire Department Protective Turnout Clothing November 25,2009 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None OLLINANCIAL IMPACT There are sufficient funds budgeted ($97,120) and available ($25,230) in the General Fund, account number 010-2802-735-17.06 (Fire Department Clothing Supplies), to enter into an agreement with Equipment Management Company for Fire Department protective turnout clothing in the amount of $15,000 annually for two years. In 2009 $15,000 of protective clothing will be purchased. The remaining purchase of$15,000 has been included as part of the proposed 2010 budget. GAL IMPACT f v None ALTERNATIVES 1. The City Council may choose to award the RFP contract to Equipment Management Company. 2. The City Council may choose to not award the RFP contract to Equipment Management Company. Respectfully submitted for Council consideration. JEH/wmb Attachment "04) r Protective Turnout Clothing RFP TABULATION OF RFPS CITY OF ELGIN Municipal Emergency Services Equipment Management Company Alexis Fire Equipment Air One Equipment Pinnacle Safety Group Environmental Safety Group W.S.D y 75 Glen Road 22824 West Winchester 109 E.Broadway 360 Production Drive P.O.Box 1003 570 North Fronrege Road 325 Sprkng Lake Drive Invitation No.09-066 Suite 207 Channahon,IL 60410 Alexis,IL 61412 South Elgin,IL 60177 Pekin,IL Bolingbrook,IL 60440 Itasca,IL 60143 Date of Opening:10/30/09 Sandyhook,CT 06482 Depannent:Fire rice P rice Price Item rice Price Pricing for Ten coats and parts $ 13,200.00 $ 14,430.00 $ 14,920.00 $ 15,450.00 $ 15,710.00 $ 16,390.00 $ 18,000.00 City of Elgin Memorandum Date: December 18, 2009 To: Mike Baker, Fire Assistant Chief From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-259, Adopted at the December 16, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Equipment Management Company for Fire Department Protective Clothing