HomeMy WebLinkAbout11-1 Resolution No. 11-1
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TODAY'S UNIFORMS
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 on
behalf of the City of Elgin with Today's Uniforms for the purchase of fire department uniforms, a
copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 12, 2011
Adopted: January 12, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN AGREEMENT FOR
Proposal Number: 10-052 for:Uniforms for Fire Department
This Agreement is made and entered into this 12th day of January 20112®}@-by and between the City of Elgin ("the CITY"), a
municipal corporjgtion organized and existing under the laws of the State of Illinois, and
-r.d4.,, UA(4orwt5 incorporated in the state of T/Cin6i.S and having a principal place of
business l07 E, JVloc6ttx4St. CakP ZL GaolY ("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 (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. SCOPE OF WORK. The CONTRACTOR shall provide the goods or services described in the RFP,at the prices and
terms contained therein.
ARTICLE III. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully
executed contract from the City of Elgin. Term of THIS CONTRACT shall be for two years with a one year renewal option.
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 Vill. 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 he 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 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.
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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. 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 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 XVII.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."
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.
CO F,
CITY OF ELGIN
Name aVd Title Sean R. Stegall
City Manager
FEIN NO✓� WW1 D
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f EPORT T(__) (VAYOP.. 4 MEMBERS OF CITY COUNCIL
ELGIN
THE CRY IN THE SUBURBS'
MEETING DATE: December 15, 2010
INITIATIVE E: RFP 10-052, Contract with Today's Uniforms for Fire Department
Uniforms
COMMUNITY GOAL
■ Financially Stable City Government: To preserve and enhance the city's sound
and resilient financial condition thru long-term planning for service delivery and
infrastructure needs
OBJECTIVE
■ Award a contract for the purchase of uniform items for the Fire Department
PURPOSE
■ Select a vendor who will provide uniform sales and service that will be fiscally
responsible and have minimal impact on the secretarial staff
RECOMMENDATION
■ Award the contract to Today's Uniforms for the purchase of fire department
uniforms
BACKGROUND
The provision of uniform services must include onsite support, measuring of personnel and the
supply of items that are part of the firefighter's protective ensemble that portray a professional
image.The submitted proposals were reviewed for compliance within the written requirements
and the ability to provide the requested uniform items. Also included in the proposal was the
request for information regarding ordering capabilities, return policy, delivery times, delivery
charges, sales representative availability, on site measuring and the location of the retail store.
OPERATIONAL ANALYSIS
Previous experience with uniform vendors that do not have a retail location in close proximity
to Elgin results in an average of three to five hours per week of fire department secretarial staff
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time to order, receive distribute and confirm orders and payment of uniform invoices. Having a
retail location within the city limits eliminates shipping problems and the personnel are fitted
for the uniform item prior to the item being issued, eliminating sizing and return issues.
The five vendor submissions were reviewed for their compliance with the RFP requirements
and listed exceptions were assessed for substantially complying with the intent of the RFP. Only
one of the submitting vendors (Today's Uniforms) has a retail location within the City limits
while the other submitting vendor locations were from 20 to 40 miles away. While the majority
of the vendors submitted exceptions that substantially complied with the RFP requirements,
some did not include shipping costs (Uniformity, Inc.), limited the contract to an "all or none"
restriction (Uniform Den East) or had previous performance issues with incorrect shipments,
billing problems and lack of availability of common items (Uniformity, Inc., Kale Uniforms).
The vendor recommendation of Today's Uniforms is based on their superior performance and
customer service during the last contract period. The location of their retail store within Elgin
allows immediate delivery of in stock items, the ability to return items without shipping and
minimal need of fire department secretarial time to track shipment, payment and distribution
of uniform items.Today's.Uniforms is considered the best value based on their compliance with
the RFP requirements, only one NO BID item, and no exceptions to the current uniform supply.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The total cost of the agreement with Today's Uniforms for fire department uniforms is an
annual amount of$60,000. Funding has been appropriated in the proposed 2011 General Fund
budget, account number 010-2802-735.17-06, "clothing supplies".
BUDGET IMPACT
FUND(S) ACCOUNT(S) DEPARTMENT AMOUNT AMOUNT AVAILABLE
BUDGETED
N/A N/A N/A N/A N/A
LEGAL IMPACT
The request for proposal was posted on the city website and published in the September 29,
2010 issue of the Courier News. Five timely proposals were received and opened on October 12,
2010.
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ALTERNATIVE COURSES OF ACTION
The city council may choose not to award a contract to Today's Uniforms for the provision of
fire department uniform services.
NEXT STEPS
1. Execute contract agreement
Prepared by: Mike Baker, Interim Fire Chief
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved by:
S n R. Stegall, City M ager
.........._......_..........
ATTACHMENTS
A: Proposal Tabulation Sheet
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a
Page 1 of 2
UNIFORMS FOR FIRE DEPT
Ray O'Herron of Oak
TABULATION SHEET Todays Uniforms Brook Terrace Kale Uniforms Uniform Den East Uniformity
CITY OF ELGIN 35 N.Williams Street 523 E.Roosevelt Road 204 Liberty Drive 5803 N.2nd Street 3177 MacArthur Blvd.
Crystal Lake,IL 60014 Lombard,IL 60148 Wheaton,IL 60187 Love Park,IL 61111 Northbrook,IL 60062
Request for Proposal: #08-086
Date of Opening: 10/7108
Department: Fire
Item Description Exce Bons Unit Price Exce Sons Unit Price Exce tions Unit Price Exceptionsl Exceptions Unrt Price Ecce tions Und Price
HATS
1 Midway Navy Be$Crown#114 $45.98 $35.00 $41.95 $35.60 $61.95
2 Bell CrownfVelvet Band/Flame Visor#111 $68.98 $68.50 $82.95 $71.75 561.95
3 Midway White Vinyl Bak Top#113 $45.98 $38.50 $36.95 $37.25 $33.95
4(M-0321-S)Cap Strap-Silver-Expansion $8.95 $5.95 $3.95 $6.50 $4.95
5(B1981-G)Cap Strap-Gold-Embroidered $8.95 $6.50 $3.95 $6.50 $4.95
Sanmar Port Authority Baseball Cap w/EFD
$11.50 NO BID $13.95 $17.25 $8.95
6 embroidery#C865
Sanmar Knit Winter Cap w/EFD embroidery
7#CP90 $9.95 NO BID $4.75 $11.95 $5.95
8 Women's hat $45.95 NO BID $40.95 $35.00 $19.95
JACKETS
1 Newport Harbor 31-Hip Length Parka#02256 $199.98 $149.00 $199.95 $189.50 $161.95
2 4 in 1 Patrol Jacket#511 48027 $229.98 $215.00 $195.95 $181.25 $174.95
Newport Harbor 100%Polyester Double Breast
3 Dress Uniform Blousecoat#211PY E116.98 NO BID $129.95 Yes $94..9 $82..5
4 3 in 1 Parka#511 48001 $219.98 $205.00 $174.95 3181.95 $174.95
5 Newport Harbor Darien Overcoat 0761 MT $159.98 NO BID $149.95 $138.00 $166.95
PANTS&SKIRTS
Sport Tek Jersey Knit Workout Short/Navy/
1 EFD Embroidery#T110 $15.98 NO BID $15.95 $19.35 $10.95
Perfection Matrix Series 65/35 Poly/Cotton Blend
$44.98 $35.00 $36.50 Yes 130.00 $27.95
2 Duty Pant I Black#1725BK
Mens Polyester/Cotton Matrix Series Class B
3 Cargo Pocket Shorts Style 1785DN $45.98 $44.50 $46.95 Yes $40.50 $36.95
Perfection Image Classics 65135 Poly/Cotton
4 Blend Cargo Duty Pant/Dark Navy#1750DN $49.98 $41.95 $49.95 Yes $43.75 $43.95
Perfection Image Classics 65135 Poly/Cotton
5 Blend Cargo Duty Pant/Dark Navy#1700DN $44.98 $32.95 $29.95 Yes $30.75 $26.95
Perfection Image Classics Men's 100%Polyester
New Tradition Series Gabardine Trousers
6#26000N $35.98 $28.50 $34.00 Yes $28.00 $22.95
Newport Harbor Polyester Dress Uniform
7 Trouser#230PY $39.98 $38.00 $34.00 Yes $29.35 $31.95
Women's dress uniform skirt Fechheimer style
g 38033 NO BID $38.95 $39.95 $37.00 547.95
Page
UNIFORMS FOR FIRE DEPT
Ray O'Herron of Oak
TABULATION SHEET Todays Uniforms Brook Terrace Kale Uniforms Uniform Den East Uniformity
CITY OF ELGIN 35 N.Williams Street 523 E.Roosevelt Road 204 Liberty Drive 5803 N.2nd Street 3177 MacArthur Blvd.
Crystal Lake,IL 60014 Lombard,IL 60148 Wheaton,IL 60187 Love Park,IL 61111 Northbrook,IL 60062
Request for Proposal: 908-086
Date of Opening: 10/7/08
Department: Fire
Item Description Exceptions Unit Price Exceptions Unit Price Exceptions Unit Price Exceptions Unit Price Exceptions Unit Price
SHIRTS&SWEATERS
Hanes Beefy T/Dark Navy/EFD Silkscreen#
1 5180 $9.98 $8.95 $5.95 $9.15 $5.95
2 Hanes/White/EFD Embroidery#5180 $12.98 $11.00 $7.95 $13.80 $6.95
3 878-Long sleeve It blue,mens/Womens NO BID NO BID $32.50 Yes $28.35 $25.95
Perfection Blue/White/Tan Pinnacle Series
Men's/Women's Long Sleeve 65/35 Poly/Cotton
4 Poplin Shirt#1325 $32.98 $26.90 $32.50 Yes $24.65 $25.95
Perfection Blue/Whiterran Pinnacle Series
Men's/Women's Long Sleeve 65135 Poly/Cotton
5 Poplin Shirt#1025 $34.98 $29.45 $32.50 Yes $28.35 $25.95
Sanmar K321 Interlock Knit Mock Turtleneck
6 w/EFD embroidery $19.98 $32.00 $31.50 $16.55 $18.95
Port and Company PC90 Sweatpant vWpockets in
7 Navy vdEFD embroidery $14.98 NO BID $15.95 $16.55 $15.95
511 41060 Professional Polo in Navy vdinner
8 pocket addition $49.98 $31.25 $36.95 $27.65 $28.95
9 Embroidery(polo shirts) INCLUDED NO BID $7.95 $10.00 $4.00
10 Rubin Bros.10070 1/4 Zip Jobshirt $49.98 $58.95 $49.95 Yes $46.95 $30.95
SHOES&BOOTS
1 Converse C8165/C8175 Station Shoe $68.98 $57.50 $62.50 $58.75 $54.95
2 Ridge 8006 Air Tac Zipper 8"Boot $88.98 $78.60 $70.45 Yes $62.00 $72.95
3 Ridge 8006ST Air Tac Zipper 8"Boot dsteel toe $89.98 $81.60 $89.95 Yes $68.50 $75.95
4 Ridge 8003 Mid Side Zip 6"Boot $85.98 $72.60 $97.50 Yes $70.25 $66.95
5 Ridge 8003ST Mid Side Zip 6"Boot Wsteel toe $87.98 $73.00 $83.50 Yes $76.50 $68.95
6 Bates E22233 High Shine Duty Oxford $69.98 $47.50 $50.50 $46.75 $48.95
7 Ridge 7001 High Gloss Oxford Lite $52.98 $45.50 $44.50 Yes $34.75 $36.95
8 7001 Speed Zipper $6.98 $9.95 $8.29 $10.00 NO BID
9 Converse C8878 Men's Non-Safety Toe 8"Boot $90.98 $81.50 $86.50 $83.70 $77.95
MISC.
10 Wolfmark 008197 Black Tie $6.98 $7.95 $3.50 Yes $3.25 $3.95
11 455 BO-Tie BILK Female $6.98 $7.95 $3.50 Yes $3.25 $3.95
12 Boston 6505 Garrison Belt $19.98 $15.75 $15.75 $15.95 $12.95
13 Basket Weave Bell(Silver&Gold Buckle) $19.98 $16.75 $17.50 $17.50 $13.95
Total $2,373.58 $1,777.95 $2,255.04 $2,038.60 $1,915.90
Ilk
ELGIN
THE CITY IN THE SUBURBS`
DATE: January 27, 2011
TO: Mike Baker, Fire Assistant Chief
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 11-1, Adopted at the January 12, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. 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 Today's Uniforms