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Home My WebLink About02-335 Resolution No. 02-335 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH REESE RECREATION COMPANY FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR THE CENTRE 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 The Centre, 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 Vote : Yeas : 6 Nays : 1 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this / / day of Oc('p g0_ , 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: The Centre Main Play Structure $18 , 995 Spring Toys 2@ $495 ea. $ 990 Benches 2@ $298 ea. $ 596 Manufactures Supervision $ 500 Fall Zone Material $ 1 , 320 Barrier Fabric $ 112 Total $22 , 401 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 $22 , 401 . 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 2 1 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 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 3 • 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 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 yea ' rs• :_bove written. REE RECREAt •� COMPANY CITY OF ELGIN t B � Wie%-a---`� .�� I� tName and ' le By Oluf-l i Fo' arin I -r m ' ' y Manager F:\Legal Dept\Agreement\Reese Recreation-The Centre- Playground Equipment.doc 4 <.(OF Et Ci `r "" ' Agenda Item No.� r City of Elgin • 4'; I ' R N #4 RECREATIONAL LEISURE AND CULTURAL OPPORTUNITIES FOR ALL CITIZENS September 6, 2002 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Sole Source Purchase of Playground Equipment PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the purchase of play structures for Observatory Park and The Centre. BACKGROUND In 2002 , $57, 000 was budgeted to renovate Observatory Park. These renovations will include a new main play structure, a tot structure, and landscaping. Utilizing City staff for the installation, the playground structures can be installed for $35, 303 . Play structures were selected that offered cutting edge designs with no hiding places and highly vandal proof construction. The cost proposal includes a tot play structure, a main play structure, the required amount of fall zone material , and a manufactures representative to aid City workers in the installation of the play structures . Reese Recreation submitted a proposal for these goods and services totaling $35, 303 . The equipment specified is solely available through Reese Recreation Supply. Reese Recreation Supply has an exclusive sales territory and the City of Elgin could not acquire the specified equipment from any other source . In 2002 , $30, 000 was budgeted for Symphony Way Streetscape Improvements to install a tot playground structure at The Centre for use in the preschool programs . Subject : Playground Equipment Purchase Date : September 6, 2002 Page 2 Attached is the November 2001 correspondence from Joyce Parker, City Manager, to the City Council regarding the funding issue . $33, 986 was originally bid by Seibert Landscape Co. for the play ground structure and installation at The Centre as part of the Symphony Way Streetscape and site landscaping bid. The play structure Siebert' s pricing was based upon featured 7 play activities . Utilizing City staff for the installation, it was determined that the playground and related site amenities could be constructed for a lower amount and a playground structure with more amenities could be obtained. Therefore, the playground portion of that bid will be rejected and Gilbane' s contract price adjusted down in a follow up GMP amendment if the purchase of this playground unit is approved. Staff selected a specific playground structure and obtained a price direct from the playground supplier. The play structure offers cutting edge design that is linear in layout to fit in the limited space offered at The Centre which provides more play features that are stationary based versus swinging features (i .e . , seated swings, tire swings, teeter totters, etc. ) to account for the limited safety clearances . The cost proposal includes a main play structure with a linear design to fit in the limited space featuring 12 play elements, two spring toys, the required amount of fall zone material, a manufactures representative to aid City workers in the installation of the play structures, and two benches . Reese Recreation submitted a proposal for these goods and services totaling $22, 401 which is a savings of $11, 585 from the original streetscape/site landscape bid. The equipment specified is solely available through Reese Recreation Supply. Reese Recreation Supply has an exclusive sales territory and the City of Elgin could not acquire the specified equipment from any other source . Observatory Park Main Play Structure $19, 875 Tot Structure $13 , 495 Fall Zone Material $ 1, 320 Manufactures Supervision $ 500 Barrier Fabric $ 113 Total $35, 303 Subject : Playground Equipment Purchase Date : September 6, 2002 Page 3 The Centre Main Play Structure $18, 995 Spring Toys 2@ $495 ea. $ 990 Benches 2@ $298 ea. $ 596 Manufactures Supervision $ 500 Fall Zone Material $ 1, 320 Barrier Fabric $ 112 Total $22 , 401 Total amount of award to Reese Recreation is $57, 704 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Elgin Housing Authority and Recreation Center Advisory Team (R.C.A.T. ) . RpINANCIAL IMPACT There are sufficient funds budgeted ($57, 500) and available ($57, 000) in account number 275-0000-791 . 92-37, project number 509607, Riverboat Fund, Park Development and Acquisition to purchase the improvements at Observatory Park in the amount of $35, 303 . There are sufficient funds budgeted and available in account number 275-0000-791 . 92-35, project number 039529, Riverboat Fund, Symphony Way Streetscape Improvements to purchase The Centre' s playground equipment in the amount of $22 , 401 . The project budget totals $2 . 6 million with $2 . 36 million spent/encumbered to date . fitli LEGAL IMPACT The City of Elgin Procurement Ordinance allows for sole source purchases in Chapter 5 . 14 with the authorization of City Council . ALTERNATIVES 1 . Award the contract to Reese Recreation for the play structures and related equipment for Observatory Park in the amount of $35, 303 and for the play ground at The Centre for $22 , 401 . The . Subject : Playground Equipment Purchase Date : September 6, 2002 Page 4 total recommended contract award to Reese Recreation is $57, 704 . 2 . Do not award the Contracts to Reese Recreation as proposed. RECOMMENDATION It is recommended that the City Council approve award of a contract to Reese Recreation for the play structures and related equipment for Observatory Park in the amount of $35, 303 and for the play ground at The Centre for $22 , 401 . The total recommended contract award to Reese Recreation is $57, 704 . Respectfully submitted, C.:3L. iii V�a.:... ktt. Olufemi Folarin Inte '.ii t• • -ger [DDLI Attachments