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HomeMy WebLinkAbout04-33 Resolution No. 04-33 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARQUE INC. FOR AN AMBULANCE 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 that David M. Dorgan, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Marque Inc.,for the purchase of an ambulance, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 25, 2004 Adopted: February 25, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR: TYPE III MODULAR AMBULANCE This Agreement is made and entered into this 30 day of January,2004 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois,and Marque Inc.,incorporated in the state of Indiana and having a principal place of business at 2408 Lincolnway E, Goshen IN 46526 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, and the terms and conditions of Invitation for Bids 03-039 incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the IFB and CONTRACTOR'S Bid. In the event there is a conflict between this Agreement and the bid documents,the bid documents shall supersede this Agreement. The CONTRACTOR shall provide a type III modular ambulance for a price of$96,409. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a purchase order from the City. ARTICLE III. 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 IV. 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 provided in THIS CONTRACT. ARTICLE V. 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 VI. 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 ofjob 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 VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. ARTICLE IX. 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 X. 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 agreement, 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 XI. 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 XII. 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 supersede 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 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. CONT' O R CITY OF ELGIN Name an' Titl-r David Dorgan City Manager FEIN NO. 35-1609503 `�j OF Et Ci City of Elgin Agenda Item No. L January 23, 2004 G N TO: Mayor and Members of the City Council , SAFE COMMl.1NITY FROM: David M. Dorgan, City Manager Michael Falese, Fire Chief SUBJECT: Purchase of Ambulance from Marque PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract to Marque, Inc. for the purchase of an ambulance. RECOMMENDATION It is recommended that the City Council approve a contract for the purchase of an ambulance to Marque, Inc. in the amount of$96,409. BACKGROUND The Elgin Fire Department is scheduled to replace a 1997 Type III Modular Ambulance this year. At its May 14, 2003, meeting City Council approved award of a contract for a custom built ambulance to Marque, Inc. of Goshen, Indiana in the amount of$84,114. Marque has offered to provide an identical vehicle in 2004 for the same price that was bid in 2003. The total cost will be $96,409 because there will not be a vehicle traded in. The old ambulance will be retained and converted for other operations. Most manufacturers, including Marque, are increasing their' prices by 3 - 5%. However, Marque has agreed to maintain their 2003 prices for an Elgin spec'ed ambulance through the end of February of this year. Four bids were received in the 2003 bid; the two lowest bids did not meet specifications. Marque was the lowest responsive bidder. Marque provided all the items specified, followed all the instructions, and has a history of providing the City of Elgin with an excellent product for the past eleven years. It is highly unlikely that a competitive bid would result in a bid responsive to, ' the specifications that is for a lower price that offered by Marque. The specifications that were written are still state of the art in the ambulance manufacturing, industry. The construction, design and layout meet the needs of the Fire Department thereby not requiring new specifications to be written. A Ambulance Purchase (lig*' January 23, 2004 Page 2 Due to the fact that Marque is able to build us an identical unit, they can pass engineering savings on to the City while holding price increases during this specific time window. Also, the purchase of identical units saves the City money in maintenance costs by having maintenance personnel familiar with the product, and reducing the need to stock normal replacement parts for different vehicles. GROUPS/INTERESTED PERSONS CONTACTED None. cyk FINANCIAL IMPACT The total purchase price of an ambulance from Marque, Inc. will equal $96,409. There are sufficient funds budgeted and available ($105,000) in the Riverboat Fund, account number 275- 0000-791.92-48, Mobile Equipment, Project number 289524, Ambulance, to make this purchase. kIYLEGALIMPACT This purchase will require approval of an exception to the procurement ordinance. ALTERNATIVES 1. Purchase the ambulance from Marque. 2. Solicit sealed bids for an ambulance. Respectfully submitted for Council consideration. GAC Committee of the Whole January 28, 2004 Page 2 call vote: Yeas: Councilmembers Figueroa, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Consideration of Phase II and III of the Comprehensive Wayfinding Master Plan Implementation Councilmember Sandor made a motion, seconded by Councilmember Walters, to send the proposed Wayfinding and Signage Master Plan back to the City Manager to determine if a less ambitious and less expensive plan can be devised for the immediate future in view of the City's current financial situation. Upon a roll call vote: Yeas: Councilmembers Figueroa, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Consideration of Amendment No. 1 to an Agreement with CMT for the Spartan Drive Extension (Section 1) Project Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve the proposed amendment in the amount of$135,000. Upon a roll call vote: Yeas: Councilmembers Figueroa, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Consideration of a Facade Project for 43 DuPage Court—Al's Café & Creamery Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve the proposed project to be retroactively funded in the amount of$21,351.40. Upon a roll call vote: Yeas: Councilmembers Figueroa, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Councilmember Sandor requested that staff prepare a recommendation for promotion of this program and a way to make the paperwork less onerous. He also suggested that consideration be given to reducing the percentage amount of the funding if the paperwork isn't totally compliant. Councilmember Walters suggested that the Downtown Neighborhood Association advertise the availability of this program as well as other programs such as the Business Loan program . Consideration of the Purchase of an Ambulance from Marque, Inc. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve a contract in the amount of$96,409. Upon a roll call vote: Yeas: Councilmembers Figueroa, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. Consideration of the 2004 Elgin Recreation Center Purchase of Service Agreement Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the proposed agreement to provide $152,000 funding toward youth gang intervention programs. Upon a roll call vote: Yeas: Councilmembers Figueroa, Rodgers, Sandor, Walters and Mayor Schock. Nays: None.