04-301 Resolution No. 04-301
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARQUE, INC.
FOR THE PURCHASE OF AN AMBULANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED that David M. Dorgan, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Marque,Inc.,for
the purchase of an ambulance, a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: November 17, 2004
Adopted:November 17, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
AGREEMENT FOR
Marque Ambulance
This Agreement is made and entered into this 22ndday of October 2004 by and between the City of
Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and
MARQUE INC., incorporated in the state of Indiana and having a principal place of business at2408
Lincolnway E, Goshen IN 46526 ("the CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement,and the terms and
conditions of Invitation for Bids 03-039 incorporated by reference he 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. The CONTRACTOR shall provide a type III modular ambulance
for a price of$96,409.
ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon
receipt of a purchase order from the City.
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 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. 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.
ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS
CONTRACT without prior written consent of the CITY.
ARTICLE Vlll. 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, 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. 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 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 hands the day and year first above written.
CONTRACTOR CITY OF ELGIN
i
4J4-41 Vice President of
Name an Title Purchasing David Dor n
City Manager
FEIN No.35-1809503
rr-2qr?Q
a m b u 1 a n c e s
PART C: AFFIRMATIVE ACTION PLAN
AFFIRMATIVE ACTION PLAN
in order to comply with the Affirmative Action reporting requirements of Chapter 3.12.1000 — City Contracts for the
City of Elgin and to ensure equal employment opportunity, the following measures will be taken:
1. Equal and fair treatment will be provided to all employees regardless of race, color, religion, national origin,
gender, age or disability.
2. A complete up-to-date workforce profile which records employees by race or ethnicity, gender, and job
classification will be maintained and annual reports will be submitted to the City of Elgin Affirmative Action
Division if required.
3. All employees will be advised at time of employment that the firm is an Equal Opportunity / Reasonable
Accommodation Employer and that hiring, promotion or demotion is based only on the individual's
qualifications and ability to perform the work.
4. The firm will cooperate with and support an apprenticeship training programs based on strict non-
discrimination.
5. The firm has appointed Dave Marshall to serve as the Equal Employment Officer who is authorized to supply
reports and represent this firm in all matters regarding this affirmative action plan.
6. The name, address and telephone number of the Equal Employment Officer will be posted in a conspicuous
place or places. This Officer will be responsible for:
a. Seeking to utilize minorities, females and disabled individuals to the same degree as all others, based on
the following factors.
(1) Percentage of minorities, females and disabled individuals in the companies workforce as compared with
the labor market in the area.
(2) Local availability of minorities, females and disabled individuals having the skills we employ.
(3)Availability of promotable minorities, females and disabled individuals in our company.
(4) Existence of training institutions to train minorities, females and disabled individuals in the area.
(5)The internal skills training our company offers for minorities, females and disabled individuals.
b. Supervision of periodic audits of employment practices including: (1)applicant flow(2) promotion (3)training.
c. Contacts with recruitment sources for qualified minorities, females and disabled individuals. Notification to
employees regarding promotions or vacancies to ensure equal opportunity.
d. Instruction of all supervisory personnel regarding their responsibility for equal employment opportunity and
non-discrimination requirements.
e. Periodic reviews with all supervisory personnel to ensure that the program is being implemented at all levels.
/�,`SIGNATURE AND TI G E Lti Vice President of Purchasing
FIRM NAME Marque, Inc.
DATE 10/22/04
P.O. Box 58 2408 Lincoinway East Goshen, Indiana 46527
Toll Free 888.999.2175 Phone 574.534.9501 Fax 574.534.9701
email soles@marqueinc.com www,morqueinc.com
Agenda Item No.
City of Elgin
v
October 8, 2004 ;
TO: Mayor and Members of the City Council
SAFE CG�MMIJNITY
FROM: David M. Dorgan, City Manager IKI�
Michael Falese, Fire Chief
SUBJECT: Purchase of Ambulance from Marque Inc.
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a contract to Marque, Inc. for the purchase of an ambulance.
RECOMMENDATION
It is recommended that the City Council approve a contract for the purchase of an ambulance to
Marque, Inc. in the amount of$96,409.
BACKGROUND
The Elgin Fire Department will begin staffing a fifth ambulance in January, 2005. This memo is
for the purchase of that ambulance. At its May 14, 2003, meeting, City Council approved award
of a contract for a custom built ambulance to Marque, Inc. of Goshen, Indiana, in the amount of
$84,114. Marque provided an additional ambulance in early 2004 for the same price. Marque has
again offered to provide an identical vehicle in January, 2005, for the same price that was bid in
2003. The total cost will be $96,409 because there will not be a vehicle traded in. Most
manufacturers, including Marque, are increasing their prices by 3 - 5%. However, Marque has
agreed to maintain their 2003 bid price for an Elgin ambulance through the end of January 2005.
Four bids were received in the 2003 bid; the two lowest bids did not meet specifications.
Marque was the lowest responsive bidder. Marque provided all the items specified, followed all
the instructions, and has a history of providing the City of Elgin with an excellent product for the
past eleven years.
The specifications that were written are state of the art in the ambulance manufacturing industry.
The construction, design and layout meet the needs of the Fire Department thereby not requiring
new specifications to be written.
Ambulance Purchase
January 23, 2004
Page 2
Due to the fact that Marque is able to build an identical unit, they can pass engineering savings
on to the City while holding price increases during this specific time window. Also, the purchase
of identical units saves the City money in maintenance costs by having maintenance personnel
familiar with the product, and reducing the need to stock normal replacement parts for different
vehicles.
The remaining budgeted amount of $83,500 will be used to furnish the ambulance with the
required medical equipment, radios, and other supplies.
Telecommunication tax revenue is funding the ambulance purchase and required accessory
equipment and supplies.
GROUPS/INTERESTED PERSONS CONTACTED
None.
1INANCIAL IMPACT
The total purchase price of an ambulance from Marque, Inc. will equal $96,409. There are
sufficient funds budgeted and available ($180,000) in the General Fund, account number
010-2802-735.92-46, project number 289540, to make this purchase.
,,OLGAL IMPACT
The proposed purchase would require an exception to the procurement ordinance.
ALTERNATIVES
1. Purchase the ambulance from Marque Inc.
2. Solicit sealed bids for an ambulance.
Respectfully submitted for Council consideration.
MWF/wmb