HomeMy WebLinkAbout23-64 Resolution No. 23-64
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH TODAY'S
UNIFORMS, INC. FOR THE PURCHASE OF FIRE DEPARTMENT UNIFORM SERVICES
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 a Purchase Agreement on behalf of the City of Elgin with
Today's Uniforms, Inc., for the purchase of fire department uniform services, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 12, 2023
Adopted: April 12, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 12th day of -April-_ ,
2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City") and Today's Uniforms, Inc., an Illinois corporation, (hereinafter referred to as "Today's
Uniforms" or"Seller").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
1. PURCHASE. City shall purchase,and Today's Uniforms shall sell the goods and/or
services described by Attachment A, attached hereto and made a part hereof.
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A and City Request for Proposal 22-008 incorporated herein
and made a part hereof by reference.
3. LAW/VENUE. This agreement 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 agreement shall be the Circuit Court of Kane County, Illinois. Today's
Uniforms 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 Today's Uniforms
agrees that service by first class U.S.mail to Samuel Melei,R/A,454 W. Virginia St., Crystal Lake,
IL 60014 shall constitute effective service. Both parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this agreement,except in
writing and executed with the same formalities as the original.
5. MERGER. This agreement embodies the whole agreement of the parties. There are
no promises, terms, conditions or obligations other than those contained herein, and this agreement
shall supersede all previous communications, representations or agreements, either verbal, written
or implied between the parties hereto.
6. INTEREST. Today's Uniforms hereby waives any and all claims or rights to
interest on money claimed to be due pursuant to this agreement, and waives any and all such rights
to interest to which it may otherwise be entitled pursuant to law, including, but not limited to,
pursuant to the Local Government Prompt Payment Act (50 ILCS 50511, et seq.), as amended, or
the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph
shall survive any expiration,completion and/or termination of this agreement.
7. SEVERABILITY. The terms of this agreement shall be severable. In the event any
of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable
for any reason,the remainder of this agreement shall remain in full force and effect.
8. EXECUTION. This agreement may be executed in counterparts, 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, e-mail or other
electronic means shall be treated in all manner and respects as an original document. The signature
of any party on a copy of this agreement transmitted by fax machine, or e-mail, or other electronic
means shall be considered for these purposes as an original signature and shall have the same legal
effect as an original signature. Any such faxed, e-mailed or other electronically transmitted copy of
this agreement shall be considered to have the same binding legal effect as an original document.
At the request of either parry any electronically transmitted correct copy of this agreement shall be
re-executed by the parties in an original form. No party to this agreement shall raise the use of fax
machine or e-mail as a defense to this agreement and shall forever waive such defense.
9. CONFLICT. In the event of any conflict between the terms and provisions of this
purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement
shall supersede and control.
10. PAYMENT. City shall pay each invoice within thirty(30) days of delivery or city's
receipt of invoice, whichever is later for a total annual amount not to exceed $65,000. The
aforementioned total sum is inclusive of all freight, shipping and applicable taxes. City is a tax-
exempt governmental body.
11. MUTATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this agreement. In no event shall City be
liable for any consequential, special or punitive damages, or any damages resulting from loss of
profit.
12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods. All transportation and delivery shall be at Today's Uniforms sole
expense.
13. INDEMNIFICATION. To the fullest extent permitted by law, Today's Uniforms
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 Today's Uniforms or Today's Uniforms
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.
14. LIMITATION OF ACTIONS. Today's Uniforms shall not be entitled to, and
hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim
for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys,
boards and commissions of any nature whatsoever and in whatsoever forum after two(2)years from
the date of any act or failure to act which is alleged to form the basis for any lawsuit or claim for
damages.
15. APPROPRIATION OF FUNDS. 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
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to and contingent upon the appropriation of funds sufficient to discharge the obligations which
accrue in that fiscal vicar and authorization to spend such funds for the purposes of the contract. If,
for any fiscal year during the term of the this agreement, Sufficient fiords for the discharge of the
City's obligations under the contract are not appropriated and authorized, then the agreement 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.
24. TERM. This Agreement shall terminate on April 1, 2026, and City may thereafter
exercise two one-year renewal options at the City's sole discretion.
25. TERMINATION. City may terminate this Agreement for any reason in the City's
sole discretion upon thirty (30) days written notice without penalty. 1n the event of any Such
termination by the City, Today's Uniform shall be paid on an ad valorem basis for work actually
perforined or goods actually delivered.
The person signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf.
IN WITNESS WHEREOF. the parties have hereto set their hands the day and year first above
written.
TODAY'S UNIFORMS, rNC. Cl LGIN
Print Na ie Richard G.Kozal,City Manager
a: Attest:
Sigi hrre —- --
Title City Clerk
i.egar Dept Ahmment[Ways L'nironns Arr-RIT 22-M R-I irc Vnifo=0-9.23 doct
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ATTACHMENT A
Group 1 - Work Shirts
Dress Uniform Shirt
Polyester Dress Shirt
1. Elbeco Textrop(style#310&313)
2. Elbeco Dutymaxx(style#310N)/(style#313N) 5& , um 1 "WIL
Short&long sleeve, shoulder epaulets,two brevet pockets with flaps, and military creases
Sized for both male& female personnel
Color: White and Blue(Medium or Light)
Badge holder above left bract pocket,nametag homer above right breast pocket.
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied by Elgin Fire
D iartment.
mwtufacturw Stf e/'Vendor# Unit Price Torsi Price Esthn�
DetfUA DON."Ni"
---�C�
Work Shirt-Administrative Staff
Polyester/Dacron blend
1. Elbeco Dutymaxx(style#58013&55900)
Short& long sleeve, shoWder epaulets,two breast pockets with flaps, and military creases
Sized for both male&female personnel
Color:White
Badge holder above left breast pocket,nanetag holder above right breast pocket.
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied by Elgin Fire
De. artment. _
Memdsctmr Styla,/Vendor# UMt Prke -- `dotal Price Estinnabd LL
Oei Delveuy Thim
• r
v
Work Shirt- Lieutenants
Polyester/Cotton blend
1. Elbeco Paragon Plus(style#P867&P877)
Short&long sleeve, shoulder epaulets,two breast pockets with flaps, and military creases
4
Sized for both male& female personnel
Color: White
Embroidered badge above left breast pocket, embroidered name and rank above right breast pocket.
Artwork to be provided by the Elgin Fire.Department
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied by Elgin Fire
De.. attment. _
Ianufactunr Total Price Ettirr�bd
DeJ er. d Time
r .
Work Shirt-Captains, and Battalion-Chfefs
Polyester/Cotton blend
1. Elbeco Paragon Plus(3tyle#P867&P877)
Short&long sleeve, shoulder epaulets,two breast pockets with flaps;and military creases
Sized for bath male&female personnel
Color: White
Badge holder above left breast pocket, nemetag holder above right breast packet.
Optional: Embroidered badge abowe'left breast pocket, embroidered name and rank above right breast
pocket. Artwork to be provided by the Filgin Fire Department
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field-facing forward. Patches will be supplied by Elgin Fire
De artment.
All ufsctunr Style/Vendor 0 Untt Prke Total Prke �stfmatad
De ' re D II Ti . GM37
5
Group 1 - Pants, Skirts & Shorts
Dress Uniform Trousers
Polyester
1- Men's
a. Elbeco(style #E8941RN)
2. Women's
a. Elbeco(style#E8945LC)
Color.Dark Navy/Navy Blue
Bid price to inehide hgmiug
Manufacturer ft*N*tdor# Urft P&e Total Price Est tsd
/' tied Dekvery Time
Work Trousers- Administrative Staff
Polyester/Wool blend
1. Man
a. Elbeco(style#EVS941RN)
2. Women's I
a. Elbeco(style#E8945LC)
Color: Dark Navy/Navy Blue
Bid_ )rice to iw n hmsmkL:
Manufacturer St*Aftndor U*Mcioa Tonal*ke Estimated
Tkft
6
Work Trousers- Line Personnel
65%Polyester/35%Cotton blend
1. Men's
a. Elbeco(style #E2804R)
2. Women's
a. Elbeco(style#E2814LCD)
Color.Dark Navy/Navy Blue
Bid price to include kemmin�_
M8nu itturw klrle/Venelor# unit P'ke Towel Price bdnwtod
Iverg4 DalhVol yTIM
Work Trousers Cargo Style- Line Personnel
65%Polyeaw/35%Cotton blend
1. Man's
a. Elbeco(style 9E2844y
b. )
2. Wonwn's
a. Mew(style#E28541 C)
Color:Dark Navy/Navy Bltie
-Bid price to include kexnmin
Nl nwfscbahr VirAdor# Unit Price Total Price Esthnated
Deliv Deliveryy Time
- VMV •
7
Skirts
Polyester/Wool blend
1. Flying Cross(style#t38033)
Color: Navy Blue _
IM-4 cprrir / N+dol"# Unit Prke Total Price EstMnatMd
OeN�lyd. OelfMwy THIN
Work Shorts Cargo Style--'Line Personnel
Poly/Cotton Blend ,
1. Men's '
a. Elbeco(style #E2824)
2. Women's
a. Elbeco(style#E2834LQ
Color:Dark Navy/Navy Blue
Bid :,rice to-include.hemimin'
Max�actwer Sty"indor# UMt Price Taal h1ka End
0611MY Tine
4r r
��-
r r�
PAT Ff
Shorts- Line Personnel-
100% Cotton Shorts
1. Sport Tek(style 4ST3Z0)
1. Sport TO(style #M;U% (Mesh)
Sizes will be: Small through 4XL
Bid price to include embroidery per Fire Department specification(deparhnent logo an left thigh).
Artwork to be provided by the Elgin Fire Depient.
Color:Na%; blue
ilAsrn # UMt Price Total Price Esthrmeted
-- Delivery Time
j - iC745.�
Group 1 - Belts & Ties
8
Trouser Belt
Garrison Belt
1. Boston Leather(style#6505)
2. Boston Leather No Lines Off Duty(style#6582NL)
3. Boston Leather Riverside (style.6570)
Style: Standard&basket weave
Color:Black
Buckle: Silver or Gold
MainOacturar $4U/vwW0I 0 Un>Ft Prim _- Total Prig Esda�d
De :oft oNhhey llm
. v
,
Uniform Tie
1. Wolfmark(style#UWPT-4)—zipper tie
2. Wolfmark(style#UWPT)—cllp-on style
3. Evaluated equal
Color:Black
Mowfactrucer lityle/Yi klor li Un1t Prim Total Prior Estianited
Group 1 - Dress Caps
Dress Cap - Fireflghters navy
1. Midway(style#114)
2. Midway Nickie Cap Strap(style EM-486)
Color:Na,
Manufecturer St QVendor# Unit Price Total prke Es*natad v
Deliv DWWm Time
A two � -
Dress Cap - Officers White
1. Midway(style#113)
9
2. Evaluated equal for Women's cap
Silver Cap strap(style#M-0321-5)
Color:White _
M,A�nwfacturrer St0*1rlenAW# Uhlt him Tate Prim EstMn+rbd
DeVvery Tbu
Dress Cap — Chief Officers
1. ' Midway(style#113)
Gold'Cap strap(style#EM-48G)
Midway 6 Flamed visor(style HG-29)
Color:White
MN Ufw tww
UiNt Pam Told Prke Estitinaind
Dewrad I
10
Group 2 - Polo Shirts, Mock T's, Sweatshirts
Polo Shirts - Firefighters
100%Cotton
1. 5.11 Professional Polo(style #41060)
Sizes will be: Small through 4XL
Embroidered badge on right breast, embroidered name rank on left breast(above pocket). Artwork to
be provided by the Elgin Fire Department
Color:Dark Nav or Na.
Monufactu rer
Styiejer►tlor 0 UniE Price Total Price Estimated
S• _ _ I is Del' Tine
Mock Turtlenecks
100% Cotton
1. Port Authority(K321)
2. Evaluated equal.
Sizes will be: Small through 4XL
Embroidered letters on neck, drnbroidewd logo on left breast, Artwork to be provided by the Elgin Fire
Department.
Colors: White,Navy Blue/Navy, OxfordlQrey
Manufacturer i Sty4e/1lend0r.# Unit Price TOW Price Erti�7�trd
DeRyjUgd TWO
Sweatshirt (job Shirt)
Poly cotton fleece
1. 5.11(style #72321-720)
2. Evaluated Equal
Sizes will be: Small through 4XL
Bid price to include embroidery per Fire Department specification(department name on left breast,
employee name on right breast, above pocket). Artwork to be provided by the Elgin Fire Department,
Color.Na, Blue
I—M"NdLwer Styia/Verrdor# Unit Price Total Price Estimated
DON"red Delivery lime
l>,
57-001 1 7t77Lq
Group Z Sweatpants
Sweat Pants
Poly/Cotton Fleece
1. Port and Company(style #PC90P)
2. Port and Company(style ##PC78P)Open Bottom
3. Champion (style #P2442)
4. Evaluated equal
Sizes will be: Small though 4XL
Bid price to include embroidery per Fire-Deparinnent specification (departrnanx logo on left thigh).
Artwork to be provided by the Elgin Fire Department. •
Color:Na, blue _
Manurachm Styie/Vendor# Unit Prim Total Price _ Esthnatad
N"ro5k In DeNw V Tina
./
• s � •
Group Z -- Caps
Ball Cap
1. Flex-Fit(otyle 194011
2. Evaluated equal
Bid price to include embroidery per Fire Department specificatioai. Artwork to be provided by the Elgin
Fire Departrnent.
Color:Nay.. Blue
Manufacturer Style/Ventllor# Unit Price Total Price Estimated— � .0�-►l 1 ry e—-
I
12
Stocking Cap
1. Sanmar(style#CP90)
2. Sanmar(style#CP90L)
3. Evaluated equal
Bid price to include embroidery per Fire Department specification. Artwork to be provided by the Elgin
Fire Department.
Color.Navy Blue _
liAenufactuinr Style/Vendor# Unit Price - - Total Prise Estknated
De#verp4 De.Nmy TkM
• D
it
Group 2 - Jackets
Dress Blouse Coat
1. Elbeco(style DC13820)
Bid pric*to include the sewing of Agin Fite Department patch on left sleeve and Americim Flag patch
on right sleeve with white or gold and field facing forward.. Pdtcbes will be supplied by Elgin Fire
Department,
Color:Na, Blue
Menufacturer Style/Vendor It Uitlt Price - Total Prke Esdwoftd
110 LONi1R YTT_ e-
Etw,-
---
Overcoat
1. Newport Harbor Darien Overcoat(style#761MT)-Men's Include Dept.Pat&and Flag
2. Newport Harbor Darian Overco t(style#761LT)-Women's Include Dept. Patch and Flag
3. Evaluated equal
er Style/Vdw rWor Unit hkA Taw Price r>titllnebd
L _
13
Duty Coat
1. 5.11 Signature Duty Jacket(style 48103)
2. Elbeco Shield Genesis(style SH3804
3. Elbeco Shield Performance Soft Shell(Chiefl(style SH3504)
4. Evaluated equal
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied by Elgin Fire
Department.
Color: Deep Navy/Navy Blue
Manufacturer Style/Vendor# Unit Price Total Price Ertinated
Deliv MI'l i "mc
Ll
14
Group 3 -- Shoes & Boots
Oxford
1. Bates, High Shine Duty (style#E22233)
2. Bates, High Gloss Shoe(style#E22141� .
3. Thorogood Black Leather Oxford (style 6041
4. THorogood High Gloss Oxford(style 831-6027)
5. Evaluated equal
M�nIIAIMI M AM YWVenfaor t, U Wit Pr10m - - TOW Prke End
D�Mivary T6rne
t v
-1A -
Station Shoe
1. Red Mc 6"Easy Escape Steel Too(style USBBK)
2. Red balk 6"Easy Escape Non Steel Toe1(style UBI'.4K)
3. 7two9ood,quick station boot(style#834-6028)
4. Bates Station Boot(style E03150)
5. Evahmted equal
Manutaduhw Style/Vendpr' Unit Price Total , EtstNnated
DNowry lum
•
• � �
15
6 inch Boot
1. 5.11 Atec 6"side zip boot(style#123")
2. 5,11 Atec V side zip boot(style#12404)—Women's
3: Bates Tactical Bacot(style E03612),. L� l� 'Zr4. Haix Black Eagle Tactical Boot 20 Mid(style 30012) bo� ✓ [
5. Red Back Sentinel HD(style USCIM
6. Evaluated equal
Merfl�hktuner StYi�/Va� # _. LIM hke Totsi Orke Ertimat�d
De a DMWM ThIN
4&41 Z3
to
-- - -
16
8 Inch Boot
1. 5.11 Men's ATEC 2.0 Side Zip 8"(style 12391)
2, 5.11 Women's ATEC Side Zip 8"(style 12403)
3. Bates GX8 Insulated Side Zip(style E02488) biClot w
4. Haix Black Eagle Tactical 20 High(style 300103)
5. Haix Airburner XR2(style 605118
6. Evaluated equal
Mom-facum St*/Ywndor# Unk TOW IMu EodwAftd
I DeNve W Deftm
•
Reporting ca abli'
E-mail or webslte ordering qpp. lt1+
Retum Pollicy fori wroo Wm and/or mis ok s
Ex acted Delrwy Wn for embroldered rims -
In snick Items delimy.1m►e -- - -._-
Delnro Chergee and,nwtiods of d '
Avalablift of$daps Rop.service cai(s
Special order expected detvory time _—
Orreite memang and orcledrtg
Distance of retell boalion 6w dty limits
List of at least 5 fire deparbwt rgfemnoos IJ4.rf. , n I .
2-IS rA N M)t
TERM OF AGREEMENT
W*T EXCEPTIONS OR SUDSTITtl7'IONS tt r.t
SEPERATELYI 1�V
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