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Home My WebLink About12-5 Resolution No. 12-5 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENVIRONMENTAL SAFETY GROUP FOR THERMAL IMAGING CAMERAS 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 Environmental Safety Group for three thermal imaging cameras, a copy of which is attached hereto and made a part hereof by reference. s/ David J Kaptain David J. Kaptain, Mayor Presented: January 11, 2012 Adopted: January 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR Thermal Imaging Cameras This Agreement is made and entered into this 11 day of January , 2012 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Environmental Safety Group, incorporated in the state of Illinois and having a principal place of business at 570 North Frontage Road, Bolingbrook, IL 60440 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT' as used herein shall mean this Agreement, and CONTRACTOR'S proposal for three (3) thermal imaging cameras attached hereto and made a part hereof as Exhibit A. The CONTRACTOR shall provide such goods in accordance with this Agreement and CONTRACTOR'S attached proposal. In the event there is a conflict between this Agreement and the attached proposal,this Agreement shall supersede and control. ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide the goods or services described in the attached proposal consisting of three(3)thermal imaging cameras, 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$28,800.00. 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, are 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. 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. 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. CONTRACTOR shall pay any and all costs associated with any such audit. 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 O LGIN Name and Title S n Stegall Michael L. Fetzer City Manager Equipment Sales FEIN NO. 36-3760700 To: David Schmidt Re: Thermal image camera Quote. Sir, Here is the pricing on the cameras that we discussed. Standard warranty for all of the cameras is a one year,with an option to purchase an extended warranty. Camera 1 MSRP Your Cost T320 (320 resolution camera) $12,521.94 $10,000 1 year extended warranty(total of 2 years) $999.00 $400 Price Total $13,520.00 $10,400.00 Camera 2 MSRP Your Cost T320 (320 resolution camera) $12,521.94 $10,000 1 year extended warranty(total of 2 years) $999.00 $400 Price Total $13,520.00 $10,400.00 Camera 3 MSRP Your Cost Demo T320(320 resolution camera) $12,521.94 $8000.00 Total for all 3 cameras $28,800 Please review the above pricing and call with any questions All prices are good for 60 days. Shipping and Handling Not Included Respectfully, Michael Fetzer 570 E. North Frontage Road Bolingbrook, IL 60440 Office 800-242-4295 Office Fax 630-633-5555 www.esgsafe .cons Mobile 815-382-5903 I-tomc Fax 815-331-9551 fets yes sg afet Exhibit A Ilk EPORT TO NAAYOR &NAEN.AI3ERS OF CITY COUNCIL _v E LG I N THE CITY IN THE SUBURBS" AGENDA ITEM: MEETING DATE: December 21, 2011 ITEM: Purchase from Environmental Safety Group of Three Bullard T3 XT Thermal Imaging Cameras ($28,800) OBJECTIVE: Increase visibility for firefighters engaged in a fire scene that involves limited to no visibility, as well as provide heat information during an incident. RECOMMENDATION: Approve the purchase of three Bullard T3 XT thermal imaging cameras and their related acces- sories from the Environmental Safety Group in Illinois in the amount of$28,800. BACKGROUND Thermal imaging cameras have proven to be an invaluable resource to the fire service over the last sixteen years. The units have been credited for saving the lives of numerous fire victims by enabling firefighters to literally see through smoke in zero visibility to find trapped occupants. In addition to saving lives, the cameras have been very useful in preventing further fire damage by utilizing their ability to pinpoint the location of the fire and heat sources. This enables faster fire extinguishment and has the potential to lower costly overhaul damage. As the cameras have gained popularity, their usefulness has expanded. Besides structure fires, the cameras have proven useful at accident scenes when searching for additional victims, as well as assisting law enforcement with missing person or suspect searches. OPERATIONAL ANALYSIS The fire department's existing cameras are all Bullard T3's. To maintain consistency with staff knowledge, it is desired to purchase the same camera series to reduce the learning curve for users and enhance the ease of transition from older technology to new technology. These cam- eras, while providing many options, provide three features in one camera that no other camera does. These features relate to rapid start-up time, temperature measurement and a "super red hot" feature that identifies specific heat layers (Attachment A). Some cameras on the department's fire apparatus are older than seven years of age. As with all equipment, as they age they experience breakdowns and malfunctions. Cameras with mainten- ance issues have been, and continue to be, serviced. However, one camera is completely out of use. There is the added disadvantage of having cameras with outdated technology. By initiating this purchase, the department can begin the process of replacing cameras as that need arises with updated technology that serves multiple purposes. A sole source exception to the procurement rule is requested. The T3 series cameras selected are provided by Bullard and they are a proprietary product. These cameras offer three features the department seeks and no other camera meets these criteria (Attachment A). Bullard is the only manufacturer of the cameras and Environmental Safety Group in Illinois is their sole autho- rized distributor. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The total purchase price of three Bullard T320 cameras will be $28,800. The purchase price in- cludes the cameras, replacement batteries, removable handles, lanyard, on-site training and a two year warranty. BUDGET IMPACT FUNDS) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Capital Fund 010-2802-735.92-46 280030 $28,800 $28,800 LEGAL IMPACT Sole source procurements are authorized pursuant to Elgin Municipal Code Chapter 5.14 which authorizes sole source procurements when the item to be procured is available from only one source. ALTERNATIVES The city council may elect not to authorize the purchase of the cameras. NEXT STEPS 1. Initiate purchase of the cameras. 2. Implement use and training of the cameras. 2 Originators: David Schmidt,Assistant Fire Chief John Fahy, Fire Chief Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A: Sole Source Information Provided by Bullard B: Cost Information for Purchase Approval 3 Bullard OullArd onn- 1898 Safety Way Hoc€kreuzattee 35 ftdard CyrrtRiana,KY 41031-9303 43115 Bonn-Bad GodrssitierT ToU flee;877-BOLLARD(285-5273) Germany Its your life and youre worth it" Teo 859-Z34-8511 Tel+49 228 9319330 Fax.859-234-8987 Fax:+49 228 931 93350 December 15th 2011 Elgin Fire Department 550 Summit Street Elgin, IL 60120 Assistant Chief Dave Schmidt: Head Protection This letter explains why the Bullard T320 is a sole source product and is available only from Bullard's sole authorized distributor for Illinois, 10 Environmental Safety Group. There are a number of features and options available on Micro bolometer- Respiratory based thermal imagers. Some of these key features and options include: Protection Or • Super Red Hot feature identifies specific heat layers alerting firefighters to areas of intense heat. Starting at 500°F, heated objects are tinted yellow and gradually transition to red as heat levels rise. These colors are translucent to allow viewing threw the colors. Fire and Rescue Rapid start-up time (less that 3 seconds), for quick use when entering Safety scene. • Relative heat indicator(temperature measurement), which allows an emergency responder to estimate the surface temperature of an object to help gauge the potential danger of a situation. All of these features have direct and useful purposes for emergency Thermal responders. The T320 is the only commercial) available thermal imager that Imaging P Y Y g offers all of these features on the same thermal imager. Therefore, if you desire all of these features in one thermal imager, the T320 is a sole source product and available only from Bullard, through the sole authorized distributor for Illinois, Environmental Safety Group. If you have any questions, please feel free to contact me. Sincerely, q-OP_4_JA_ John Hays Product Manager—Thermal Imaging www.buttard.com To: David Schmidt Re: Thermal image camera Quote. Sir, Here is the pricing on the cameras that we discussed. Standard warranty for all of the cameras is a one year,with an option to purchase an extended warranty. Camera 1 MSRP Your Cost T320 (320 resolution camera) $12,521.94 $10,000 1 year extended warranty(total of 2 years) $999.00 $400 Price Total $13,520.00 $10,400.00 Camera 2 MSRP Your Cost T320 (320 resolution camera) $12,521.94 $10,000 1 year extended warranty(total of 2 years) $999.00 $400 Price Total $13,520.00 $10,400.00 Camera 3 MSRP Your Cost Demo T320 (320 resolution camera) $12,521.94 $8000.00 Total for all 3 cameras $28,800 Please review the above pricing and call with any questions All prices are good for 60 days. Shipping and Handling Not Included Respectfully, Michael Fetzer 570 E. North Frontage Road Bolingbrook,IL 60440 Office 800-242-4295 Office Fax 630-633-5555 www.esgsafe1y.co Mobile 815-382-5903 [Tome Fax 815-331-9551 fets o es s� afetv.com � ELGIN THE CITY IN THE SUBURBS- DATE: February 8, 2012 TO: David Schmidt, Assistant Fire Chief FROM: Kimberly Dewis, City Clerk SUBJECT: Resolution No. 12-05, Adopted at the January 11, 2012, 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 Environmental Safety Group for Thermal Imaging Cameras