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02-370 Resolution No. 02-370 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ARIES INDUSTRIES, INC. FOR UPGRADES TO THE SEWER TELEVISING TRUCK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Aries Industries, Inc . for computer equipment and software to upgrade the sewer televising and inspection truck, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: December 4 , 2002 Adopted: December 4 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk , City of Elgin ) Mayor -,- '• 1r :.. -, -- *1' H ' Ed Schock r'4'1111)10' Council Members Juan Figueroa Robert Gilliam Ruth Munson John Walters CITY OF ELGIN Stuart Wasilowski AGREEMENT FOR: Made Yearman This Agreement is made and entered into this 4th day of December, 2002 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois,and Aries Industries, Inc., incorporated in the state of Wisconsin and having a principal place of business at N63 W22641 Main Street Sussex WI. ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, and the Contractor's quote dated, 11/17/2002 incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the IFB and CONTRACTOR'S Bid. In the event there is a conflict between this Agreement and the bid documents,the bid documents shall supersede this Agreement. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a purchase order from the City and shall end on December 31, 2002. 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 TILLS 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 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 CONTRACTOR in providing 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 ofjob applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim. 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 •TDD 847/931-5616 www.cityofelgin.org (f) Printed on recycled paper .-- 4 rigag. d ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not a:gn, 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 CURpm.,except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES.Any notice given under this CONTRACT shall be in wing and shall be deemed to hac been given when hand delivered or deposited in the U.S.mail,certified or registered,rt. % rn receipt requested,addresscd, if to CONTRACTOR,at the address set forth above to the attention of the project managt„undersiirie,1re,?wok;utauve, 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. 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. 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. ARTICLE XIII. WARRANTY. The CONTRACTOR shall provide a one year warranty for Aries parts and labor used in the upgrade and the Standard Manufactures warranty on the computer. 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 fust above written. CONTRACTOR • CITY OF ELGIN / / Ar; 1 04),A2:04d4 e6° et) me and Title Olufemi Fla Inte 'm C • • _ FEIN NO. 19 /o6 I C. • ,cy r Et City of Elgin Agenda Item No. 7-13:r° - , 7 , L 115 November 20, 2002 G11 , 1 I 001 N ; 1 d TO: Mayor and Members of the City Council FINANCIALLY STABLE CITYGOVERNMENT EFFIC IENT SERVICES. AWN:KALIF Y INFRASTRUCTURE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Sole Source Purchase Of Upgrade For Sewer Televising Truck PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider awarding a sole source contract to Aries Industries, Inc . to supply computer equipment and software to upgrade the Sewer elm., Division' s televising and inspection truck. BACKGROUND The City purchased a televising truck in 1997 for $88, 000 from Aries Industries, Inc. of Sussex, Wisconsin. Since that time, there have been numerous advancements in equipment which will permit crews to be more efficient gathering, tabulating and down loading field inspection data to be utilized as part of the computerized work management data base. The data is not only used for our work tracking/scheduling but is also used to demonstrate our compliance with the terms of the Combined Sewer Overflow Permit to the Illinois Environmental Protection Agency (IEPA) . The Aries upgrades are being purchased because their system is the only one fully compatible with the existing video inspection equipment and because it will allow staff to download the data directly into the department' s computerized work management system (Cassworks) . The purchase includes an Aries customized, rack mounted computer (800 Mhz Pentium IV processor) , VC4000 Software w/reporter and manhole modules and a RJN-CassWorks Interface . Additional upgrades to the televising truck will rinclude a 9" video monitor to be mounted at the rear of the van for the purpose of facilitating putting the camera in the line, re- Sewer Televising Truck Upgrades November 15, 2002 Page 2 a two tiered shelf above the mainline cable reel to accommodate the storage of equipment and a wheeled transporter for the existing camera. The quoted price of $22 , 674 . 00 for the Aries VC4000 Acquisition System includes the above equipment and all labor and materials needed to reconfigure the City' s existing unit and install the new equipment . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None piflAyINANCIAL IMPACT Funds for this purchase were budgeted ($25, 000) in the 2002 Sewer operating budget . There are sufficient funds available ($25, 000) in account number 430-4202-772 . 92-46,project number 339050, Sewer Operating Other Equipment, to fund the purchase price of $22 , 674 for these upgrades. r4j)‘0 EGAL IMPACT None ALTERNATIVES 1 . Approve the upgrade purchase with Aries Industries, Inc. 2 . Do not approve the upgrade purchase. RECOMMENDATION It is recommended that the City Council approve the contract to purchase the sewer televising truck upgrade equipment from Aries Industries, Inc. in the amount of $22 , 674 . 00 Respectfully submitted, et Olufemi olari Int-rim ' u ager JML/AMG Attachments