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Home My WebLink About17-27 Resolution No. 17-27 RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH AIR ONE EQUIPMENT, INC. FOR 65 SELF-CONTAINED BREATHING APPARATUS (SCBA) 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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute purchase agreement on behalf of the City of Elgin with Air One Equipment, Inc. for 65 self-contained breathing apparatus (SCBA) and related equipment, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 22, 2017 Adopted: February 22, 2017 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 22 day of February, 2017, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Air One Equipment, Inc., an Illinois corporation (hereinafter referred to as "Air One"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. City shall purchase, and Air One shall sell to City the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. This agreement 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 agreement shall be the Circuit Court of Kane County, Illinois. Air One hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof, and Air One agrees that service by first class U.S. mail to the entity and address provided for herein shall constitute effective service. 4. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. 5. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. Air One hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, 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 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Air One 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, Air One hereby certifies, represents and warrants to the City that all of Air One's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. Air One 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 Agreement. The City shall have the right to audit any records in the possession or control of Air One to determine Air One's compliance with the provisions of this section. In the event the City proceeds with such an audit, Air One shall make available to the City Air One's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this Agreement shall remain in full force and effect. 9. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 10. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto,the terms and provisions of this purchase agreement shall control. 11. Transfer of title and risk of loss shall transfer to City upon delivery at City's designated delivery site. 12. All delivery costs shall be borne solely by Air One. 13. Delivery shall be provided on or before 0 P(1L 30tk , 2017. UPoa 3 b Dd • S 14. Payment by City shall be on or before JOf '2017. CITY OF ELGIN AIR ONE EQUIPMENT, INC. Ri ar . K City na Print Name `k.. & ity Clerk RSi ture l f/f rf-S/bAJ Title F:1Legal Dept\Agreement\Purchase Agreement-Air One Equip-2-9-17docx 2 ATTACHMENT A Air One Equipment, Inc. QUOTATION 360 Production Drive,South Elgin IL 60177 MSA G1 SCBA AIR ONE Telephone:(847)289-9000 Fax:(847)289-9001 EQUIPMENT,INC. website:www.aoe.net For: ELGIN FIRE DEPT Date: 1/24/2017 550 SUMMIT ST ELGIN,IL 60120 Attn: JOE VAN DORPE Re:G3 SCBA We are pleased to submit the following quotation in accordance with your request and subject to the Terms and Conditions listed below. Qty Part Number DESCRIPTION: Each Total 65 *ATO* MSA G1 FIRE SERVICE SCBA;2013 EDITION;TO INCLUDE: $4,495.00 $292,175.00 4500 PSI PLATFORM,CGA REMOTE QUICK CONNECT CONNECTION STANDARD HARNESS WITH CHEST STRAP, METAL CYLINDER BAND,ADJUSTABLE LUMBAR PAD, SOLID COVER REGULATOR,EXTENDAIRE II EEBS SYSTEM, UNIVERSAL RIT CONNECTION,HEADS UP DISPLAY SYSTEM, INTEGRATED VOICE AMPLIFIER SYSTEM,RIGHT SHOULDER PASS ALARM,and RECHARGEABLE BATTERY PACK CYLINDERS&ACCESSORIES : 65 10156423 30-MINUTE(4500PSI)CARBON CYLINDERS $740.00 $48,100.00 130 10149701 CYLINDER QUICK CONNECT FITTING $35.00 $4,550.00 130 10158389 G1 CYLINDER GAUGE GUARD H30 $25.00 $3,250.00 SCBA ACCESSORIES 20 10162403 FILL STATION QUICK CONNECT ADAPTER $410.00 $8,200.00 5 10164843 QUICK CONNECT 2ND STAGE REGULATOR HOSE $495.00 $2,475.00 1 10164843 QUICK CONNECT 2ND STAGE REGULATOR HOSE $495.00 $495.00 28 SRB SPARE RECHARGEABLE BATTERIES $179.00 $5,012.00 7 BCH BANK CHARGER $325.00 $2,275.00 FACEPIECES&ACCESSORIES 160 10156459 MSA G1 FACEPIECE;NFPA 2013 EDITION;WITH 4-PT HARNESS $275.00 $44,000.00 45 10144231 G1 APR ADAPTER $55.00 $2,475.00 20 10144230 G1 SPECTACLE KITS $75.00 $1,500.00 25 BLK-3 ENVIRO MASK BAG $35.00 $875.00 3 FT FIT TEST ADAPTER $110.00 $330.00 Total of All Equipment: $415,712.00 1. ALL SCBA MEET NFPA 1981&1982-2013 EDITION, 2. ALL SCBA HAVE MSA 15 YEAR WARRANTY. YO� NOTES: 'rhl� 3. Gl SCBA INCLUDES 15 YEAR OVERHAUL POLICY. 4. INCLUDES IN-SERVICE TRAINING Estimated Delivery: MARTIN SVIHRA ON REQUEST Air One Equipment,Inc. *Assembled to Order