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HomeMy WebLinkAbout06-277 Resolution No. 06-277 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THOR GUARD, INC. FOR LIGHTNING DETECTION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Thor Guard, Inc. for purchase of lightning detection system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk NOV;06-2006 NON 01 : 19 PM THOR GUARD INC, FAX NO, 954 835 0808 P. 02 CITY OF ELGIN AGREEMENT FOR LIGHTNING DETECTION SYSTEM This Agreement is made and entered into this 7 day of jv I 1 ,2006 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing wider the laws of the State of Illinois,and Thor Guard,Inc.,incorporated in the state of F-Lo R t QM and having a principal place of business at 1193 Sawgrass Corporate Parkway, Sunrise, Florida 33323("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 completed on Sc , J, Zook 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 NOV706-2006 MON 01 : 19 PM THOR GUARD INC. FAX NO. 954 835 0808 P. 03 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,attorneys 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. 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. 2 NOV.06-2006 MON 01 : 19 PM THOR GUARD INC. FAX NO, 954 835 0808 P, 04 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 bands the day and year first above written. THOR GUARD,INC. CITY OF ELGIN Name and Title / Olufemi F. arin City Mana FEIN NO. 6S- 00,x77/( F:Uxgal Dept\formslBid Doc-A reoment-Thor Gu¢rd Lightning Detection System.doc 3 Etc V��y OF iiiii Agenda Item Na,'j — City of Elgin err, ��rr,0„),>"- b ,_ July 7,2006 �` E ,, TO: Mayor and Members of the City Council _ ~_— ri,---) /‘.,tc,m real,I eisurr +rtr FROM: Olufemi Folarin, City Manager (.„l.:rrat t),pits, itte;l,,All t:t:t.=ot Randy Reopelle, Parks and Re eation Director SUBJECT: Lightning Prediction and Warning Systems PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the purchase of equipment for integrated lightning prediction and warning systems for the Sports Complex, Lords Park, Wing Park, Wing Park Golf Course, and The Highlands of Elgin Golf Course. RECOMMENDATION 400. It is recommended that the City Council approve the purchase and installation of lightning prediction and warning systems for the Sports Complex, Lords Park, Wing Park, Wing Park Golf Course, and The Highlands of Elgin Golf Course for a not-to-exceed amount of $65,200 from Thor Guard, Incorporated. BACKGROUND In an effort to provide better weather related information to our facility users, staff would like to install lightning prediction systems. Thor Guard, Inc. manufactures a lightning prediction system that scientifically determines when atmospheric conditions are such that a lightning strike could take place. The system then emits an audible alarm, notifying users to take action to protect themselves before a lightning strike actually occurs. Thor Guard is the only known manufacturer of an integrated lightning prediction system. There are also a number of lightning detection systems on the market. These systems respond to lightning that has already occurred, within a specified radius or geographic area. After a lightning strike happens, the system emits an audible alarm, notifying users to take action to protect themselves. AP\ Lightning Prediction and Warning System July 7, 2006 Page 2 Staff believes a lightning prediction system provides park users with a higher level of protection then a lightning detection system. As there is currently only one manufacturer of lightning prediction systems, staff is requesting an exception to the procurement ordinance to purchase the lightning prediction systems from Thor Guard, Inc. Attached is a list of communities, golf courses and other recreation facilities that currently use a Thor Guard lightning prediction and warning system. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The bid proposal from Thor Guard, Inc. is for a not-to-exceed amount of $65,200. There is $86,000 budgeted and $86,000 available in the River Boat Fund, account number 275-0000- 791.92-32, project number 509685 to fund this project. Funding is also available in the Golf Fund, account number 540-5802-775.91-85 in the amount of $5,734 for the Wing Park Golf Course portion and in the River Boat Lease Fund, account number 295-6001-776.92-32 in the amount of $12,000 for the Highlands Phase 2 development for The Highlands portion of the funding. w\y))/EGAL IMPACT Operational procedure should be reviewed once installation is complete. ALTERNATIVES 1. Award the bid for a not-to-exceed amount of $65,200 to Thor Guard Inc. for lightning prediction and warning systems. 2. Do not award the bid for a not-to-exceed amount of $65,200 to Thor Guard Inc. for lightning prediction and warning systems. Respectfully submitted for Council consideration. ml attachment ATTACHMENT 1 JWalt Wynarczyk HOR Territory Manager GUARD, INC. 25020 Vermette Rd. Plainfield, IL 60585 Integrated Lightning Prediction and Warning Systems Tel: (815)254-3526 LOCAL CUSTOMER LIST Cell: (708) 989-8273 Chicago District Golf Assoc. Hinsdale CC Apple Orchard GC Ravisloe CC City of Park Ridge Onwcnlsia CC Balmoral GC Orland Park(4) Shore Acres CC Olympia Fields CC Norridge(2) Lincolnshire Marriott Butler National GC Glenco GC Bigfoot CC Naperville CC Thunderhawk GC Grand Geneva GC Ruth Lake CC Aurora Emg.Mngt. Conway Farms GC North Shore CC Independence Grove,LCFPD Glenview Park Dist(3) Lake Shore CC Bryn Mawr CC Winnelka Park District(2) Brianvood CC Oak Park Medinah CC Inverness CC Randall Oaks GC Royal Fox CC Thunderbird CC Ridgewood HS Orchard Valley GC Hillcrest CC HofTer Plastics Rich Harvest Farms Evanston CC Westmoreland CC The Merit Club Old Elm Club Wis.Air Nat.Guard Countryside GC Ravinia Green CC Caterpillar Brae Loch GC Rolling Green CC Danville CC Poplar Creek GC Bartlett Hills GC Quantum Chemical Co. Deerfield Park Dist.GC Niles HS District(2) State Farm Ins. Exmoor CC John Deere Corp. Vernon Hills Township Lincoln-Way HS District(3) Edgewood Valley CC Valley Lo Sports Club Springbrook GC Naperbrook GC Calumet CC Glen Flora CC Village of River Forest Aurora CCLincolnshire Park District Westchester Park District Blackhawk CC WI Libertyville Soccer Edison Park illibk Bartlett Pool City of Munster,W(2) UPS-O'Hare Wilmette GC Springfield,City W.L.&P. Waukegan Harbor Munster,IN School District Mantino GC Deerpath GC Prospect HS Hoffman Estates 1-IS Carol Stream Park District(2) Chicago Golf Club Riverside CC Lisle Park District Freeport Park District(4) Horse Shoe Bay CC WI Bartlett Little League • Barrington(7) Lake Geneva CC WI City of Yorkville Naperville Park District(4) Park Ridge CC Highland Park HS Deerfield HS Schaumburg HS Conant HS Palatine HS Fremd HS North Shore Country Day School Village of North Riverside Hickory Hills Park Dist.(2) Rosemont Park District Whisper Crcck,Dcl Webb TPC Deer Run Oak Brook Golf Club Crystal Woods GC East Side Center,E.Peoria Oak Brook Park District Glenbrook North HS Glenbrook South HS H.S.Dist.214(8) Lake Forest HS New Trier HS Dist.203 (2) Libertyville,City of(3) Glen Ellyn Park Dist.(2) Elk Grove Village (4) Deerfield Park Dist.(2) Warren Township Center Crystal Lake CC Des Plaines Park Dist.(6) Lincolnshire Fields CC Oregon Park Dist. Benedictine University Woodland CC Cannel,IN Point 0'Woods CC MI St.Charles Park Dist.(2) Streamwood Park Dist.(2) Crystal Lake Park Dist. Pcotonc Park Dist. Frankfort Park Dist.(2) Bartlett Little League West Brook Hill GC Midlothian CC Lake Bluff(C Beech Coal&Mining Peotone Park Dist. Tamarak Day Camp Oak Lawn Corn.HS(2) Lawsonia G C Wheeling Pk.Dist.Chevy Chase Woodmar CC Mokena Park Dist. La Grange CC Rockford CC Tournament Club of Iowa Northlake Fire Protection Dist. Arlington Heights Park Dist(2) Rockford Park District(2) Rockford CC Winfield Park District Village of Carol Stream Village of Vernon Hills Gurnee Park District(2) Village of Lincolnwood Niles Park District(2) Elk Grove Township(2) Countryside Lakc Kenilworth Park Dist. River Forest CC Newark Park Dist. Schererville,IN Park Dist.(2) Noblesville,IN Youth BB CC of Peoria Downers Grove Park Dist.(4) Sycamore H.S. North Shore CC WI YMCA Camp Duncan Kinder Morgan Chemical Wheaton College Woodstock Soccer Assoc. Salvation Army -Eagle Crest Champaign Park Dist. Round Lake Park Dist. Pekin C.C. 410IK 1193 Sawgrass Corporate Parkway . Sunrise,Florida 33323 .Tel:(954)835-0900.Fax: (954)835-0808 www.thorguard.com