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Home My WebLink About02-334 Resolution No. 02-334 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH REESE RECREATION COMPANY FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR OBSERVATORY PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Reese Recreation Company for the purchase of playground equipment for Observatory Park, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 9, 2002 Adopted: October 9, 2002 Omnibus Vote: Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this arg,day of n cl—O B E/2 , 2002 by and between the City of Elgin ("the CITY" ) , a municipal corporation organized and existing under the laws of the State of Illinois, and REESE RECREATION COMPANY, an Illinois corporation, and having a principal place of business at 3327 North Ridge Avenue, Arlington Heights, Illinois 60004-1488 ("the CONTRACTOR" ) . NOW, THEREFORE, 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 : 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 Contractor shall provide the following items to City: Observatory Park Main Play Structure $19, 875 Tot Structure $13 , 495 Fall Zone Material $ 1, 320 Maunfactures Supervision $ 500 Barrier Fabric $ 113 Total $35, 303 Contractor shall deliver all items pursuant to this agreement to City at the Location directed by City' s Parks and Recreation Director. Contractor shall also provide one representative to supervise the installation of the aforementioned equipment upon seven (7) days notice from City. ARTICLE III . City shall pay to Contractor the sum of $35, 303 . • ARTICLE IV. Contractor shall fully perform pursuant to this agreement on or before November 29, 2002 . ARTICLE V. 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: (1) 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 THISI CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re- 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 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 VI . 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 services as provide in THIS CONTRACT. ARTICLE VII. 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, 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 . ARTICLE VIII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, 2 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 subcontractor. ARTICLE IX. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE X. AMENDMENTS . There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original . ARTICLE XI . 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 the CONTRACTOR, at the address et 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, Illinois 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 XII . This agreement shall not be construed so as to create an employment partnership, joint venture or other agency relationship between the parties hereto. ARTICLE XIII. IMDEMNIFICATION. 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 agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the 3 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 XIV. 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 XV. 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 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 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 agreement shall superseded all previous communications, representations, or agreements, either verbal or written, between the parties . The person signing this CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractually and has been authorized to execute THIS CONTRACT on its behalf . IN WITNESS WHEREOF, the parties have hereto set their hands the day and y:. . above written. REE` RECR: ' 4 COMPANY CITY OF ELGIN • &144ex -IVOLAArr Nam,- an:4Ir itle Olufe i Fo .rein In Manager F:\Legal Dept\Agreement\Reese Recreation-Observatory Park Playground Equipment.doc 4