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Home My WebLink About11-132 Resolution No. 11-132 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ULTRA STROBE COMMUNICATIONS, INC. FOR GOODS AND SERVICES RELATING TO THE INSTALLATION OF POLICE SQUAD CAR VIDEO 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 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 Ultra Strobe Communications, Inc. for goods and services relating to the installation of police squad car video cameras, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 27, 2011 Adopted: July 27, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT WITH ULTRA STROBE COMMUNICATIONS, INC. FOR GOODS AND SERVICES RELATING TO INSTALLATION OF POLICE SQUAD CAR VIDEO CAMERAS THIS AGREEMENT is made and entered into this 27th day of July,2011,by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY") and Ultra Strobe Communications, Inc., an Illinois corporation, (hereinafter referred to as the "CONTRACTOR"). ARTICLE 1. DEFINITION. This"CONTRACT"as used herein shall mean this Agreement and CONTRACTOR'S estimate number 1248. dated June 28, 2011, attached hereto and made a part hereof as Exhibit A(hereinafter referred to as the"Quotation"). The CONTRACTOR shall provide all goods and/or services as required by this CONTRACT including,but not limited to,as set forth in the Quotation. ARTICLE 2. SCOPE OF WORK AND PRICE. The CONTRACTOR shall provide the goods and services described in the Quotation attached hereto as Exhibit A at the prices and terms contained therein. CONTRACTOR shall perform such work pursuant to manufacturer's requirements and best standards. The total amount to be paid by the CITY to the CONTRACTOR for the goods and services pursuant to this Agreement is in the total amount of SS27,198. ARTICLE 3. SCHEDULE. The CONTRACTOR shall commence the performance of this CONTRACT upon receipt of a fully executed CONTRACT from the CITY. CONTRACTOR shall complete the performance of this CONTRACT within one hundred eighty (180) days of the entry into this CONTRACT. ARTICLE 4. TERMINATION. The following shall constitute events of default under this CON'FRAC"I': (a)any material misrepresentation made by the CONTRACTOR to the CITY,and(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(l4)days prior written notice. In the event of such termination by the CITY, the CITY's liability to the CONTRACTOR shall be limited to reasonable payment for work already performed by the CONTRACTOR pursuant to this CONTRACT. ARTICLE 5. DAMAGES. From any sums due to the CONTRACTOR for services,the CITY may keep for its own the whole or any part of such 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,negligence or mistake of the CONTRACTOR in providing the services as provided in this CONTRACT. ARTICLE 6. GOVERNING LAWS AND ORDINANCES. This CONTRACT is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be the Circuit Court of Kane County, Illinois. ARTICLE 7. 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 8. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in this CONTRACT without prior written consent of the CITY. ARTICLE 9. AMENDMENTS. There shall be no modification of this CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE 10. 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 11. 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. The provisions of this paragraph shall survive any expiration,completion and/or termination of this CONTRACT. -2 - ARTICLE 12. 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 13. APPROPRIATIONS. The fiscal year of the CITY is the twelve(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 this CONTRACT. It', for any fiscal year during the term of this CONTRACT, sufficient funds for the discharge of the CITY's obligations under this CONTRACT are not appropriated and authorized, then this 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 14.ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall been no promises, terms, conditions or obligations other than those contained herein, and this CONTRACT shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. ARTICLE 15. 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, 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. CONTRACTOR shall pay any and all costs associated with any such audit. ARTICLE 16. INTEREST WAIVER. CONTRACTOR hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this CONTRACT, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 1LCS 505/1, cit seq.), as amended, or the Illinois Interest Act(815 1LCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this CONTRACT. ARTICLE 17. LIMITATIONS. The parties hereto further agree that any action by the CONTRACTOR arising out of this CONTRACT must he filed within one (1) year of the date the alleged cause of action arose or the same will be time barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this CONTRACT. - 3 - ARTICLE 18. SIGNATURE. 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: S 'b c= Ga,m, 717.-N C By: . `gar - Name/Print , Title:�t ems,. FEIN NO. 3(.0— `—i L137 CITY OF ELGIN: By: �� 4,1/e4,' teCC' Stan R. Stegall, City Ma#a"ger 14 egal Ucpt‘Agreement\Ultra Strobe-squad car video cameras doe -4- 4111M1 Estimate Date Estimate# — --- 6/28/2011 1248 Ultra Strobe Communications Inc 930 Pyott Road Unit 106 Crystal Lake, IL. 60014 Name/Address City of Elgin Attn:Mike Bayard 150 Dexter Court Elgin,IL.60120-5555 P.O. No. Job Name Item Description Qty Price Total Labor Labor to remove old camera system and install new 40 450.00 18,000.00 customer supplied camera. UL004 Ultra Strobe sliding trunk tray for Arbitrator 360 CPU 40 130.00 5,200.00 RECLED LED record light blue 40 24.95 998.00 Labor Labor to change camera straight cord trigger wire to 40 75.00 3,000.00 trigger junction box Subtotal $27,198.00 Signature Date u Sales Tax (7.75%) $0.00 Our quotes are valid for 90 days Total $27,198.00 **PLEASE NOTE LIGHTBARS/PARTITIONS TAKE 6-8 WEEKS TO ARRIVE FROM ORDER DATE** Phone# Fax# E-mail Web Site 815-479-1717 815-479-1818 ultrastrobe@dls.net www.ultrastrobe.com Exhibit A