05-336 Resolution No.05-336
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ENVIRONMENTAL SAFETY GROUP, INC.
FOR THE PURCHASE OF THERMAL IMAGING CAMERAS
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 Olufemi Folarin, City Manager, and Dolonna Mecum,
City Clerk,be and are hereby authorized and directed to execute and agreement on behalf of the City
of Elgin with Environmental Safety Group,Inc. for the purchase of thermal imaging cameras,a copy
of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 21, 2005
Adopted: December 21, 2005
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN AGREEMENT FOR
Sole Source Purchase for: Bullard T3 XT Thermal Imagers
This Agreement is made and entered into this 2nd day of December , 2005 by and between the City of
Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and
Environmental Safety Group,incorporated in the state of Illinois and having a principal place of business at 570
East North Frontage Road, Bolingbrook, IL 60440("the CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT' as used herein shall mean this Agreement, the Invitation for
Bids (IFB) including all documents referenced therein and the Contractors bid response (bid) thereto
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. SCOPE OF WORK. The CONTRACTOR shall provide the goods or services described in the
IFB and Bid,at the prices and terms contained therein.
ARTICLE 111. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods or services upon
receipt of purchase order;and the CITY shall pay to CONTRACTOR the total sum of$30,000.
ARTICLE IV. 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 V. 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 the goods and services as provided in THIS CONTRACT.
ARTICLE VI. 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, or in the event any of the terms or provisions herein are deemed to be void or otherwise
unenforceable for any reason, 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. Venue for the resolution of any disputes or the
enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of
Kane County, Illinois.
ARTICLE VII. 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 VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS
CONTRACT without prior written consent of the CITY.
ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing
and executed with the same formalities of the original.
ARTICLE X. 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 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 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 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 indemnify, defend and hold harmless, such
action shall be defended by legal counsel of the City's choosing.
ARTICLE XII. 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 XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is
authorized by law. 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 XIV. 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 XV. CONFLICT. In the event of any conflict between the terms provided In any
attachments hereto and the body of this CONTRACT, the terms and provisions of this CONTRACT
shall control.
ARTICLE XVI. 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.
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
Environmental Safety proup, Inc. p
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Name and Title Tim Debs, Vice President OlufemfFolarin
City Manager
FEIN NO. 36-3760700
City of Elgin Agenda Item No.
v
December 2, 2005
TO: Mayor and Members of the City Council
SAFE CnMMIJNJITY
FROM: Olufemi Folarin, City Manager
Michael Falese, Fire Chief
SUBJECT: Purchase of Thermal Imaging Cameras—Exception to Procurement Ordinance
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an exception to the procurement ordinance with Environmental Safety
Group for the purchase of four Bullard T3 XT Thermal Imaging Cameras.
RECOMMENDATION
It is recommended that the City Council approve the purchase of four Bullard T3 XT Thermal
Imaging Cameras including accessories and training from Environmental Safety Group in the
amount of$30,000.
BACKGROUND
Thermal Imaging Cameras have been proven invaluable to the fire service over the last 10 years
and have been credited for saving numerous lives of fire victims by enabling firefighters to
literally see through smoke in zero visibility to find trapped occupants. In addition to saving
lives, Thermal Imaging Cameras have been very useful in preventing further fire damage by
pinpointing the location of the fire and heat sources, enabling faster fire extinguishment and
limiting costly overhaul damage.
The purchase of Thermal Imaging Cameras was identified as a priority in the 2005 Fire
Department Budget. Changes in technology, availability of parts and service, ease of use and
compatibility of components, were the factors determining the timeframe for purchasing. One of
the Thermal Imaging Cameras was planned and budgeted for Engine 6, with purchases of
additional Thermal Imaging Cameras for all front line fire suppression apparatus planned from
2005 to 2008.
In April, 2005, the Training Division of the Fire Department, along with several on duty fire
department suppression companies, field tested eight "third generation technology" Thermal
Imaging Cameras from six different manufacturers under demanding, live-fire conditions. The
results of the testing indicated the Bullard T3 series of Thermal Imaging Cameras exceeded the
test criteria and provided the most capabilities for the cost.
r
FIRE-Exception TIC
December 2, 2005
Page 2
GROUPSANTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total cost of the purchase of four Bullard T3 XT Thermal Imaging Cameras from
Environmental Safety Group is $30,000. A total of $26,000 is budgeted and available for the
purchase of three Thermal Imaging Cameras in the Riverboat Fund, account number 275-0000-
791.92-46, "Other Equipment", project number 239609, "Thermal Imaging Camera". With one
of the four Thermal Imaging Cameras earmarked for Fire Engine 6, the remaining $4,000 to
complete this purchase is budgeted ($450,000) and available ($11,176) in the Riverboat Fund,
account number 275-0000-791.91-48, "Mobile Equipment", project number 289541, "Station 6
Apparatus".
L GAL IMPACT
Exceptions to the procurement ordinance require approval by two-thirds of the City Council.
The proposed agreement must be submitted to the Legal Department for review.
ALTERNATIVES
1. Approve the purchase of four Bullard T3 XT Thermal Imaging Cameras from
Environmental Safety Group.
2. Do not approve the purchase of four Bullard T3 XT Thermal Imaging Cameras from
Environmental Safety Group.
Respectfully submitted for Council consideration.
MWF/rc
Attachment
Environmental S Group
ENVIRONMENTAL SAFETY GROUP, Inc.
570 East North Frontage Road
Bolingbrook, IL 60440
800.242.4295
847.265.6603 fax
Zeke Kuzmanovich
Northern Midwest Representative
Bullard T3 XT Thermal Imagers come with the following items:
Standard two NiMH batteries
AC/DC battery chargers
Bullard Retractable lanyard
Removable D Handle
Truck Mount Powerhouse
One year limited warranty
Lifetime warranty from Bullard on outer casing
Interactive Thermal Imaging Orientation software
48 hour service on any repairs (see warranty for complete details)
Onsite training for each shift is included
Quantity Price each Total
4 $7,500 $30,000
Price Quote valid until 12/31/05