HomeMy WebLinkAbout06-227 •
Resolution No. 06-227
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WEST SHORE FIRE, INC. FOR PURCHASE OF A RESCUE BOAT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with West Shore Fire, Inc. for
purchase of Red Zodiac Pro 7 Man RIB Rescue Boat, a copy of which is attached hereto and made a
part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 27, 2006
Adopted: September 27, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
AGREEMENT WITH WEST SHORE FIRE, INC.
FOR RED ZODIAC PRO 7 MAN RIB BOAT
This Agreement is made and entered into this °a7 day of .S E PTi , 2006 by and between the City of
Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and
West Shore Fire, Inc., incorporated in the state of 411 `\_ v and having a principal place of
business at 6620 Lake Michigan Drive, P.O. Box 188, Allendale, Michigan 49401 ("the CONTRACTOR").
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. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon
receipt of a fully executed Contract from the City. The work shall be complete
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 goods or 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 goods or services as a result of any
failure, omission or mistake of the CONTRACTOR in providing goods or 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 of job applicants and prospective subcontractors.
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. The provisions of this Article shall survive any expiration and/or termination of this
agreement.
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. 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 XIII. 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.
CONTRACTOR CITY OF ELGIN
WEST SHORE FIRE, INC.
By:L!/ ►.ei�dc- V7-g6lerte, - • By:
Name and Titles j47j/n/5y ? 1 Olufemi F arin
City Mana
FEIN NO.
F:\Legal Dept\forms\Bid Doc-Agreement for Bid-West Shore Fire-Boat Purchase.doc
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fi620 1,cik michigun Drke
P.O. Box 188
SHORE : iaic•, �1�11 �#9�1(l3
p ` (610895-13.17
I. . : {�1,i«•�5 •—��- WHLRL SALES SERVICE' COME TOGF l FIER
West Shore Fire Inc. Bill Lamphiere
6620 Lake Michigan 1)r. Cell:616-293-2900
PO Box 188 www.westshorefire.com blamphieretawestshorefire.corr
Allendale MI 49401 blamphiereg4aol.com
Phone:616-895-43C'
Watts: 800-632-6184
Fax: 616-895-7158
QUOTATION 2/14/2006
•ire ri************RNri**MNhH*ririll it*riN*N*rit0ri10eat •a*****}pyM************t/tORa*******fRV11Nt01f**Nfb
Bill to City of login, Fire Department PO# •
Address 550 Su Mil Street Ship Via Best Way
Elgin, II 60120 F.O.B.
Taxable No
Shipping Same
Address
Wayne Smith/Firefighter-Paramedic
Phone# 847-931-6175
Fax# 847-931-6179
e-mail smith NCcD.r,,itvofeIain.org
QUANTITY UNIT PRICE TOTAL PRICE
1 N14231F Fled Zodiac Pro.7 Man RIB Boat
Includus: Stand-up Console&2 person seat box, prop,
batters box, tech, control box,control cables, 6 gal fuel
tank& hose., electric start, power trim&tilt,fuel water
separator, battery switch, 40 HP 4 stroke Yamaha $14,640.00 $14,640.00
1 Single Axle Trailer for Zodiac Pro 7 Man Rib Boat $1,675.00 $1,675.00
TOTAL $16,315.00 .$16,315.00
Replacement of Fire Boat 5
IIISeptember 8, 2006
Page 2
consequently, no lights. Technically this makes night-time operations with this boat both illegal
and dangerous. Also, the handles that assist in manually transporting Boat 5 to remote locations
have fallen off the tubes and require repair.
`�y 0 Etc/
`'00 """� :ti Agenda Item No.
' City of Elgin
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September 8, 2006 •
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TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager �) coairr:;;nir;
Mike Falese, Fire Chief
SUBJECT: Replacement of Fire Boat 5
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the purchase of a replacement for Fire Boat 5 from West Shore Fire, Inc.
RECOMMENDATION
It is recommended that the City Council approve the purchase of a Red Zodiac Pro 7 Man RIB
boat from West Shore Fire, Inc. in the amount of$16,315.
BACKGROUND
Fire Boat 5 is a small, light-weight watercraft that can be easily deployed into remote bodies of
water (i.e. the quarry, large ponds, detention ponds, etc.) that are unable to be accessed by the
other two Department watercraft. It can also be deployed for river operations. It is currently out
of service due to leaks in the hull and tube-sides. It has been determined that one section of the
tube-side is leaking from between the laminated sections. Upon further examination, it was
found that the hull was taking on water in its hollow void space. There is no way to remove this
water short of drilling the hull, draining the water, and patching or plugging the drilled-out
portion. The area of the hull leak would still need to be determined.
It was the view of the Marine Technician Division at West Shore Fire, Inc. that Boat 5 is old for
that style watercraft and it is very heavily worn. At a minimum, it was recommended that the
hull be patched and the tubes replaced. The estimated cost of repairs is between $6,000 and
$7,000, and the Department has been warned that it is common for repaired areas to place
additional stress on other weak areas that could consequently lead to continuous need for repairs.
The Department purchased Boat 5 with a used motor sixteen years ago. At that time, the options
for small boats build sturdy enough for rescue operations were limited. In order to obtain a boat
that was small and light enough to easily access remote bodies of water, the Department
,• purchased a recreational boat that was built to be a yacht-tender. Boat 5 has no batteries and
•
(iE320 Lake Michigan Drive
• P.O. Box 1SS
slloRE
�- Allendale, MI 49401
(616)895-'1:347
. :
• _._:101010+14>"4?- WHERE SALES SERVICE COME TOGETHER
West Shore Fire Inc. Bill Lamphiere
6620 Lake Michigan Dr. Cell: 616-293-2900
PO Box 188 www.westshorefire.com blamphiere@westshorefire.corr
Allendale MI 49401 blamnhiere(c aol.com
Phone:616-895-4347
Watts: 800-632-6184
Fax: 616-895-7158
QUOTATION 2/14/2006
M!*R********1*****N1M******1 /1******1*****1/1/*/*R/1H****/*/1****/***1/1*R1*******Rik*11**R*1*******11**/**
Bill to City of Elgin Fire Department PO#
Address 550 Summit Street Ship Via Best Way
Elgin, II 60.120 F.O.B.
Taxable No
Shipping Same
Address
Wayne Smith/Firefighter-Paramedic
Phone# 847-931-6175
Fax# 847-931-6179
e-mail smith wCa cityofelgin.orq
• QUANTITY UNIT PRICE TOTAL PRICE
1 N14231F Red Zodiac Pro 7 Man RIB Boat
Includes: Stand-up Console&2 person seat box, prop,
battery box, tach, control box, control cables, 6 gal fuel
tank& hose, electric start, power trim &tilt, fuel water
separator, battery switch, 40 HP 4 stroke Yamaha $14,640.00 $14,640.00
1 Single Axle Trailer for Zodiac Pro 7 Man Rib Boat $1,675.00 $1,675.00
TOTAL $16,315.00 $16,315.00