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HomeMy WebLinkAbout19-126 Resolution No. 19-126 RESOLUTIION , AUTHORIZING EXECUTION OF AN AGREEMENT WITH J.G. UNIFORMS, INC. FOR THE PURCHASE OF PO i ICE DRESS UNIFORMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Richard G. Kozal, City Manager and Kimberly A. Dewis, City Clerk, be and are.hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with J.G. Uniforms,Inc.,for the purchase of police dress uniforms, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2019 Adopted: September 11, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • • • • 1 CITY OF ELGIN AGREEMENT FOR RFP Number: 19-033 for: Police Uniforms Dress This Agreement is made and entered into this 11th day of September , 2019 by ,and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois and JG Uniforms, incorporated in 'the state of Illinois and having a principal place of business at 5949 W. Irving Park Road, Chicago, Illinois 60634 ("the VENDOR"). ARTICLE X. DEFINITION. "THIS CONTRACTI' as used herein s hall mean this Agreement, the Request for Proposal (RFP) including all documents referenced therein and the Vendor's response (proposal)thereto incorporated by reference herein hand made a part hereof. The VENDOR agrees to provide the goods and/or services all in accordance with the RFP and VENDOR'S Proposal. In the event there is a conflict between this Agreement andl the proposal documents,the proposal documents shall supersede this Agreement. ARTICLE II. SCOPE OF WORK. The VIENDOR s hall provide the goods or services described in the RFP and proposal response, at the prices and terms contained therein.' ARTICLE III. TIME OF PERFORMANCE. The VENDOR shall provide ;the goods or services upon receipt of purchase order; and the CITY shall pay to VENDOR the total sum of $1-12.16S.15. Prices quoted will be firm for the first two years of the contract, from the date of award. The City shall have three I year options to renew. Yearly increases for years 3; 4 and 5 shall not exceed the Consumer Price Index increase fo'r Chicago-Gary-Kenosha area in the All Item s category. There will be no minimum dollar amount per shipment. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the VENDOR to the CITY; b) any failure by the VENDOR 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 VENDOR 'S reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THf'S CONTRACT within the specified time due to a reason or circumstance within the VENDOR'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 TI-IIS 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 m ay terminate THIS C ONTRACT for its convenience upon fourteen (14)days prior written notice. ARTJCLE V . DAMAGES. From any sums duel to the VENDOR'S for services, the CITY may keep for its own the whole or any part of the amount for expenses, losses and darn ages 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 VENDOR in providing the goods and services as provided in THIS CONTRACT. ARTICLE VI. GOVERNING LAWS ANI) ORDINANCES. This CONTRACT is made 4 I i • a subject to all the laws of the State of Illinois and the ordinances of the CITY and it'any such clause herein does not conform to such laws or ordinances, or in the event any of the tens s or provisions herein are deemed to be void or otherwise unenfoIrceablc for any reason, such clause shall be void (the remainder of the contract shall not he affected) and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution ol'any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be MI the Circuit Court of Kane County, Illinois. ARTICLE ViI. AFFIRMATIVE ACTION. The VENDOR will not discriminate against any employee or applicant for employment.because ot iracc.co or, religion,sex,ancestry,national origin, place of birth,age or physical handicap which would nor interfere with the efficient performance of the job in question. The VENDOR will take affirmative action to con ply 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 V ENDOR will distribute copies of this commitment to all persons who participate in reciruimaent, screening, referral and selection of job applicants and prospective subcontractors.The VENDOR agrees that the provisions of Chapter 3.12 of the El gin Municipal Code, 1976, are hereby incorporated by reference,as if set out verbatim. ARTICLE VIiI. ASSIGNABILITY. The CON TRACTOR shall not assign, sell or. transfer any interest in THIS CONTRACT without prior written consent of the CiTY. ARTICLE IN. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE N. NOTICES. Any notice given undl r this CONTRACT shall be in writing an shall be deemed to have been given when hand delivered or deposited in the U.S. m ail, certified or registered, return receipt re quested, addressed, if to VENDOR, 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 6.7120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the mariner herein provided. ARTICLE XI. 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 claim s, 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 a rise out of any acts or negligent acts or omissions of[Contractor or Contractor' s officers, employees, agents or subcontractors in the performance of this C(.)NTR,\C'T. 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. hoards or eommissiions covered by the foregoing duty to indennily, defend and hold harmless, such action shall he defended by legal counsel of the City's choosing. ARTICLE XII, PUBLICITY, The Vl?.NI)OR 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 XIII. AI'PROPRiAI"IONS. The fiscal year oldie CITY is the 12 month period ending December 3 1. The obligations of the CITi" under any contract for any fiscal year arc - subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and autluarizatiinn 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 5 I Ci.TY'S obligations under thccontract 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 XIV. NO AGENCY. This CONTRAICT shall not be construed so as to create a joint • venture, partnership, employment or other agency relationship between the parties hereto, except as may be specifically provided for herein. ARTICLE XV. CONFLICT, In the event of .pny conflict between the terms provided in any attachments hereto and the body ofthis CONTRACT, the term s and provisions of this CONTRACT shall control. ARTICLE XVI. ENTIRE AGREEi1'IENT. 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 CONTRACT shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE XVII. C'OMi',LIANCE WiTH LAWS, Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the VENDOR shall comply with all applicable Federal, State, City and other • requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing; VENDOR hereby certifies, represents and warrants to the C iTY that allI VENDOR'S employees and/or agents who will be providing products audio r services with respect to this CONTRACT shall he legal residents of the United States. VENDOR shall also at its expense secure all perm its and licenses, pay all charges and lets and give all notices necessary and incident to the due and lawlid prosecution of the work, and/or the products and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any records in the possession or control of'the CONTRACTOR to detern)ine VENDOR'S compliance with the provisions of this sect ion. in the event the CiTY proceeds with such an audit the VENDOR shall make available to the CITY the VENDOR'S relevant records at no cost to the Ci Y. VENDOR shall pay any and all costs associated with any such audit. This agreement may be executed in countetj)arts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by fax machine or c-ni ail shall he treated in all manners and respects as an original document. The signature oflany party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or c-m ailed copy of this agreement shall be considered to have the same binding legal effect as an original doctiment. At the request of either party any fax or e-n) ail copy of this agreement shall he re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or c-m ail as a defense to this agreement and shall forever waive such defense. Without limiting the foregoing, VE.Ni)OR hereby certifies, represents and warrants to the CiTY that all (::ONTRAC:TORS employees tu)d/or agents located in the United States, who will be providing products and/or services with respect to this CON FRAC"f. s hall be legal residents of the United States. I I 1 I The person:signing-THIS CONTRA CT(*titles that,s/he has been authorized br thd,VENDOR to commit the VENDOR contractual and has been authorized to execute THIS CONTRACT on ij • behalf. IN-WITNESS.WHEREOE.the parties have heret4 set their hands the clay and.year first aboxv wriltc • El •:OR C ;)E ELGIN .41/ vier /Ate-5146yr _ Nita e and Tit R Char G.Kozali- - y 1,anagct FEIN 0. :36 353.(MA ATTE : 41111 ,•_,, City Clerk 7