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HomeMy WebLinkAbout21-54 Resolution No. 21-54 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GALLS, LLC FOR POLICE DEPARTMENT UNIFORMS AND EQUIPMENT 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 Galls, LLC for Police Department uniforms and equipment, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR RFP Number: 20-052 for: Police Uniforms Dress This Agreement is made and entered into this 14th day of April 2021, by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois and Galls, LLC, a limited liability company organized in the state of Delaware and having a principal place of business at 1340 Russell Cave Road, Lexington, KY 40505 ("the VENDOR"). ARTICLE I.DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,the Request for Proposal(RFP)including all documents referenced therein and the Vendor's response (proposal) thereto incorporated by reference herein and made a part hereof, and Attachment A hereto. The VENDOR agrees to provide the goods and/or services all in accordance with the RFP and VENDOR'S Proposal. ARTICLE II. SCOPE OF WORK.The VENDOR shall provide the goods or services described in the RFP and proposal response, at the prices and terms contained therein. ARTICLE III. PRICE. The VENDOR shall provide the goods or services upon receipt of purchase order; and the CITY shall pay to VENDOR at the rates provided by Attachment A, attached hereto and made a part hereof. Yearly increases for years 3, 4 and 5 (2023, 2024 and 2025) shall not exceed the Consumer Price Index increase for Chicago-Gary-Kenosha area in the "All Items"category. There will be no minimum dollar amount per shipment. ARTICLE IV. TERM. THIS CONTRACT shall terminate on December 31, 2022; provided, however, that the CITY shall have three one-year options to renew THIS CONTRACT under the terms provided for herein. ARTICLE V. 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 THIS 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 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 VI. DAMAGES. From any sums due 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 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 VENDOR in providing the goods and services as provided in THIS CONTRACT. ARTICLE VIi. GOVERNING LAWS AND ORDINANCES. THIS CONTRACT is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with THIS CONTRACT shall be the Circuit Court of Kane County, Illinois. VENDOR hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof, and VENDOR agrees that service by first class U.S. mail to 1340 Russell Cave Road,Lexington,KY 40505 shall constitute effective service. Both parties hereto waive any rights to a jury. ARTICLE 3M. AFFIRMATIVE ACTION. The VENDOR 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 VENDOR 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 VENDOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. The VENDOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, as amended, are hereby incorporated by reference, as if set out verbatim. ARTICLE IX. ASSIONABIL.ITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE X. AMENDMIENTS1. There shall be no modification of THIS 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 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 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.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 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 CONTRACT, 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 2 indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. ARTICLE XiII.PUBLICITY. The VENDOR 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 XIV. 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 THIS CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then THIS 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 XV. NO AGENCY. THIS CONTRACT 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 XVI. CONFLICT, In the event of any conflict between the terms provided in any attachments hereto and the body of this Agreement, the terms and provisions of this Agreement shall control. In the event there is a conflict between this Agreement and the proposal documents, the proposal documents shall supersede and control this Agreement. ARTICLE 20 . 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 CONTRACT shall supersede all previous communications, representations, or agreements, either verbal or written,between the parties. ARTICLE XVIII. COMPLIANCE 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 CITY that all VENDOR'S employees and/or agents who will be providing products and/or services with respect to THIS CONTRACT shall be legal residents of the United States. VENDOR shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful 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 determine 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 CITY. VENDOR 3 shall pay any and all costs associated with any such audit. ARTICLE XIX. EXECUTION. THIS CONTRACT may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same CONTRACT.For the purposes of executing THIS CONTRACT, any signed copy of THIS CONTRACT transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of THIS CONTRACT 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 e-mailed copy of THIS CONTRACT shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of THIS CONTRACT shall be re-executed by the parties in an original form. No party to THIS CONTRACT shall raise the use of fax machine or e-mail as a defense to THIS CONTRACT and shall forever waive such defense. Without limiting the foregoing, VENDOR hereby certifies, represents and warrants to the CITY that all CONTRACTORS employees and/or agents located in the United States, who will be providing products and/or services with respect to THIS CONTRACT, shall be legal residents of the United States. The person signing THIS CONTRACT certifies that s/he has been authorized by the VENDOR to commit the VENDOR 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. VENDOR / LGIN � CFO nd itle David Scheve, CFO Richard G. Kozal, City Manager FEIN NO. 20-3545989 EST: City Clerk FALegal Dept\Agreement\Galls Purchase Agr for Police Uniforms-2-16-2 Ldocx 4 ATTACHMENT A Manufacturer Model Description Cost 1 Specify percentage of discount from store pricing % 15 2 UNITED SHIELD ELGIN PD UPT MOODY CARRIER- $ ELGIN VARIENT W/AIRIUS 11 ARMOR-5X8 899.99 Women's Pants 3 Elbeco E9234LCD Ladies Choice Duty Maxx Cargo pants,navy blue $ 68.50 4 Elbeco Ladies Choice Duty Maxx Hidden Cargo pants,navy blue E9224L 65.20 5 Elbeco Ladies Choice Duty Maxx Four Pocket pants,navy blue $ E9254LCD 52.00 6 Elbeco E2824 Women's TEK3 Cargo Shorts,Navy Blue $ E2834LC 45.36 7 Elbeco 3025 Textrop 2 Womens four pocket trousers,Navy Blue $ 37.15 8 Elbeco Textrop 2 Womens Cargo trousers,Navy Blue $ E2854LC 47.79 9 Flying Cross Women's four pocket pants,Navy Blue F137291 W 80.75 10 5.11 Womens Class B Strike PDU pants,Navy Blue $ ba4oz 59.00 11 5.11 64386 Tactical Womens Strike Pants,All Colors $ 63.00 12 Propper F52594 Womens Kinetic Pants,All Colors $ 45.00 13 Propper F5233 Unisex uniform shorts,LAPD Navy 27.03 Women's Shirts 14 Elbeco UVS104 Ladies Choice Short Sleeve Under Vest Shirt,Navy Blue $45.00 15 Elbeco UVS103 Ladies Choice Long Sleeve Under Vest Shirt,Navy Blue $48.00 16 Elbeco extdrop 2 Womens Short Sleeve Shirt,Navy Blue 9814LCN $42.25 17 Elbeco Duty Maxx Womens Short Sleeve Shirt,navy Blue 9784LCD $56.00 18 Elbeco extdrop 2 Womens Long Sleeve Shirt,Navy Blue 9314LCN $46.75 19 Elbeco Duty Maxx Womens Long Sleeve Shirt,navy Blue 9582LCD $59.00 0 5.11 Tactical Womans PDU Long Sleeve Rapid Shirt,Navy Blue 62372 53.75 1 5.11 Tactical Womans PDU Short Sleeve Rapid Shirt,Navy Blue 61304 $53.75 2 5.11 omens Class B Strike Class B PDU Long Sleeve,Navy Blue 62010 $67.75 3 5.11 Womens Class B Strike Class B PDU Short Sleeve,Navy 61018 Blue $66.00 4 Propper Womens Short Sleeve Tactical Shirt,Navy Blue F5304504EOL $41.00 5 Propper omens Long Sleeve Tactical Shirt,Navy Blue F5305500 $42.00 6 Propper ICE Polo for Women short sleeve,All Colors F532772450 $38.75 7 Propper ICE Polo for Women long sleeve,All Colors F535772020 $41.40 8 Columbia omens Glacial IV half zip fleece 1so22o1 $31.75 Men's Pants 9 Elbeco Duty Maxx Cargo pants,navy blue E234RND 69.60 0 Elbeco Duty Maxx Hidden Cargo pants,navy blue E224RND $67.55 Manufacturer Model Description Cost 1 Elbeco Duty Maxx Hidden Four Pocket pants,navy blue E254RND 52.00 2 Elbeco Mens TEK3 Cargo Shorts,Navy Blue E282a 45.36 3 Elbeco extrop 2 Cargo pants,navy blue E8875RN 45.85 4 Elbeco extrop 2 Hidden Cargo,Navy Blue E394R 45.85 5 Elbeco extrop 2 Four Pocket pants,Navy blue E314RN $37.15 6 Flying Cross Men's four pocket pants,Navy Blue F1 37291 $0 75 7 .11 4369 Stryke Pants,All Colors $63.00 8 5.11 tryke Shorts,Navy Blue 73327 $57.00 9 5.11 74427 Stryke PDU Pants,Navy Blue $61.95 0 5.11 tryke TDU Pants,Navy Blue 7aa33 70.05 1 5.11 74434 Apex 5/11 pants,All Colors 63.00 2 Propper F52944 Mens Kinetic Pants,All Colors $47.00 3 Propper F5233 Unisex uniform shorts,LAPD Navy $27.03 Men's Shirts 4 Elbeco UVS102 Elbeco Short Sleeve Under Vest Shirt,Navy Blue 45.00 5 Elbeco Elbeco Long Sleeve Under Vest Shirt,Navy Blue UVS101165 $4$.00 6 Elbeco extdrop 2 Men's Short Sleeve Shirt,Navy Blue 3313N 42.25 7 Elbeco extdrop 2 Men's Long Sleeve Shirt,Navy Blue 314N $47.00 8 Elbeco Duty Maxx Mens Short Sleeve Shirt,navy Blue 5584D 57.00 9 Elbeco Duty Maxx Mens Long Sleeve Shirt,navy Blue 584D 59.00 0 5.11 Tactical Men's PDU Long Sleeve Rapid Shirt,Navy Blue 72197 $53.25 51 5.11 Tactical Men's PDU Short Sleeve Rapid Shirt,Navy Blue 71332 $53.25 52 5.11 Men's Class B Strike Class B PDU Long Sleeve,Navy Blue 72o7a $66.25 53 5.11 Men's Class B Strike Class B PDU Short Sleeve,Navy Blue 71o3s 66.25 54 5.11 Men's Short Sleeve Tactical Shirt,Navy Blue 71177 50.00 55 5.11 Men's Long Sleeve Tactical Shirt,Navy Blue 72345 $50.00 56 5.11 Men's 5/11 Tactical snag free performance short sleeve polo, 71049 All Colors $39.25 57 .5.11 72185 Men's Tactical Rapid Assault Shirt $62.50 8 Under Armour Short Sleeve Tactical Polo,All Colors 1279759 45.00 59 Under Armour 1005684 Mens Tactical Tech Short Sleeve T-Shirt w/heat press,All Colors $37.25 0 Propper ICE Polo for Men short sleeve,All Colors 39.00 1 Propper ICE Polo for Men long sleeve,All Colors F53157200 41.40 2 Flying Cross 74010 Flying Cross Fleece Line quarter zip Commando Sweater, avy Blue $87.10 Manufacturer Model Description Cost DUTY GEAR 63 Bianchi 7906 1wIt1'ccper,I)onbIt,Snap,basketiri%e,snap or Iit(I4Ie❑ 12.00 64 Vendor Option Comparable for item above 65 Safariland 62-411S Beltkeeper,Double Snap,basketweave,snap or hidden 17.00 66 Vendor Option Comparable for item above 67 Bianchi 7907 Mace holder,black,basketweave,MK Ill $23.10 68 Vendor Option Comparable for item above 09 Safariland 3 811S Mace holder,black,basketweave,VIK 111 $37.25 70 Vendor Option Comparable for item above 71 Bianchi 7928 Glove Pouch,black,basketweave $17.35 72 Vendor Option Comparable for item above 73 Safariland 3 3-3*-4V Glove Pouch,black,basketweave $17.85 74 Vendor Option Comparable for item above 75 Multiple Multiple Flashlight holder,black,basketweevc-to fit whichever flashlight selected(Streamlight strion or Streamlight stinger or vendor option) 76 Vendor Option Comparable for item above 24034 Bianchi $22.75 **Alternate** 77 Ilatch 1S4301, Winter Gloves,black $18.00 78 Vendor Option Comparable for item above 79 Hatch KPG200 Search Gloves,black $25.00 80 Vendor Option Comparable for item above 81 Mechanix NIG-55-08 Original Glove 19.80 82 Vendor Option Comparable for item above 83 Mechanix MPT-55 M-Pact Glove(SWAT) $29.50 84 Vendor Option Comparable for item above 85 Gould&GoodRich B52-28 Leather Trouser Belt 35.70 86 Vendor Option Comparable for item above 87 Safariland 87 Four Row Stitch Sarfarilaminate dutv belt 65.00 88 Vendor Option Comparable for item above 89 Safari Land 65 Sarfarilaminate two snap belt keepers(hidden Snap) $11.00 90 Vendor Option Comparable for item above 91 Safari Land 290 Sarfarilaminate single cuff case(open top/closed top) 42.00 92 Vendor Option Comparable for item abovc 93 Safari Land 38 Tactical SLS OC pouch NIK9 ' 29.00 94 Vendor Option Comparable for item above 95 Safari Land 7360 1LS/SLS Level 3 holster $129.00 96 Vendor Option Comparable for item above 7 Safari Land 7360 LS/SLS Level 3 drop leg holster $129.00 Manufacturer Model Description Cost 8 Vendor Option Comparable for item above 9 Safari Land 7377 7TS ALS concealment belt/paddle holster 33.00 100 Vendor Option Comparable for item above 101 Bianchi ERS105 Accumold Elite Silent Key Holder 22119 $18.74 102 Vendor Option Comparable for item above 103 Zak Tool L�10b4-55Tactical key ring holder $9.99 104 Vendor Option Comparable for item above 105 Bianchi ccumold Elite two in one quarter belt 22219 59.00 106 Vendor Option Comparable for item above 107 Safariland 6360 LS/SLX Level Retention Holster 177.99 108 Vendor Option Comparable for item above 109 mith&Wesson 300 Double lock handcuffs,satin nickel finish 26.45 110 Vendor Option Comparable for item above III Smith&Wesson Plastic 100 Disposable handcuffs 112 Vendor Option Safariland Comparable for item above IS #SF8210-1- $1.10 **Alternate** 113 Broome 5WB-61 Navy blue tie,clip on or Velcro neck 114 Vendor Option Sam Broome Comparable for item above **Alternate** #90111 $6.00 115 Hatch RFK300 Black,cut resistant,kevlar lined glove $33.50 116 Vendor Option Comparable for item above 117 Spiewak S912P Safety vest,Hi-Vis Yellow,with reflective stripes,Police lettering $35.70 118 Vendor Option Comparable for item above 119 Blauer 339P 3afety vest,Hi-Vis Yellow,with reflective stripes,Police etterin 120 Vendor Option Comparable for item above #S912 Spiewak $37.50 **Alternate** i 121 Ga-Rel B-2 Fie bar engraved with ELGIN POLICE with full color State #A367 f Illinois seal VIM 122 Smith&Warren C509 fie bar engraved with ELGIN POLICE with full color State f Illinois seal 123 Reeves 50ODTG Duo-tone gold name plate including engraving 124 Vendor Option Comparable for item above #NT033 $7.60 **Alternate** i 125 Reeves 50ODTS Duo-tone silver name plate including engraving 126 Vendor Option Comparable for item above #NT033 7.60 **Alternate** 127 Sabre Red Stream rail-3.3 oz $10.55 128 Vendor Option Comparable for item above 129 Sabre Red Stream Short-1.8 oz 13.13 130 Vendor Option Comparable for item above Manufacturer Model Description Cost 131 Monadnock/ASP Expandable Auto-Lock Baton(16,18,21,22,26) #100573 155.99 132 Vendor Option Comparable for item above 133 Monadnock/ASP Front Draw 360 Swivel Baton Holder for AutoLock Batons #1000202 134 Vendor Option Comparable for item above 135 Monadnock/ASP #B I NB MP24 24"Polycarbonate Knurled Grip Straight Baton 120000 $55.00 136 Vendor Option Comparable for item above 137 Streamlight HL Streamlight stinger DS LED #75454 $152.25 138 Vendor Option Comparable for item above 139 treamlight 74621 itreamlight strion DS HL dual switch 130.20 i 140 en or Option Comparable for item above 141 Under Armour Baseball Cap friend or foe 2.0,Navy Blue(Elgin Police #1330607 embroidery on front (Badge#on back $23.00 142 Vendor Option #500 Comparable for item above 19-4028 Flex Fit $15.00 "Alternate" 143 Primier 9009 CROWN RIOT helmet,midnight blue with model CB-1 bag $145.00 144 Vendor Option Comparable for item above 145 Midway 195 Black,vinyl top,with simulated fur earflaps,insulated wilted dacron linin $16.80 146 Vendor Option Comparable for item above 147 Midway -SWNV 5 Star midnight blue hat with long visor $54.10 148 Vendor Option Comparable for item above 149 Midway -SWCHIEF 5 Star midnight blue hat with long visor having gold leaves n visor $66.00 150 Vendor Option Comparable for item above 151 5.11 58125 Raincoat,black&yellow,reversable Item discontinued 152 Vendor Option 70F3 Gerber Comparable for item above $130.00 "Alternate- 153 .11 48 T12 .11 Sabre Jacket $197.00 154 Vendor Option Comparable for item above 155 5.11 JA2473 5 in 1 Jacket 2.0,Colors Black/Navy 4 360T $202.00 156 Vendor Option Comparable for item above 157 Neese #475RCC Cap cover,black&yellow,reversable $8.00 158 Vendor Option Comparable for item above 159 Elbeco SH3204 Elbeco Shield Duty Jacket,navy blue $160.00 160 Vendor Option Comparable for item above 161 Elbeco SH3504 Elbeco Shield performance softshell Jacket,navy blue $103.00 162 IV endor Option Comparable for item above 163 Under Armour 1316935 Mock Turtleneck(E.P.D.on Neck) $42.60 Manufacturer Model Description Cost 164 Vendor Option Comparable for item above 165 Ansi Vizguard airflow public safety vest(W police markings) s912 35.70 166 Vendor Option Comparable for item above TOTAL CLOTHING $6,967.10 VENDOR NAME Galls, LLC ADDRESS 1340 Russell Cave Road CITY, STATE, ZIP Lexington, KY 40505 SALES CONTACT Erin Overley EMAIL Overley-Erin@galls.com **Galls, LLC bid pricing on the following items includes the application of embroidered chest logo (shield and star option) required by Elgin Police Department. Womens Shirts: Lines 14-28 Mens Shirts: Lines 44-62 Outerwear (Jackets): Lines 153, 155, 159 and 161