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06-198 Resolution No.06-198 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WHEELED COACH, INC. FOR EMERGENCY AMBULANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Wheeled Coach, Inc. for an emergency ambulance, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT FOR: EMERGENCY AMBULANCE This Agreement is made and entered into this 10th day of August,2006 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois,and Wheeled Coach,incorporated in the state of Florida and having a principal place of business at 2737 North Forsyth, Winter Park, FL 32792 ("the CONTRACTOR"). ARTICLE 1. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement and any attachments thereto. ARTICLE 11. SCOPE OF WORK. The scope of work attached hereto and made a part hereto as Attachment"A" (hereinafter referred to as"Quote")at the prices and terms contained therein shall be applicable to this agreement. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the emergency ambulance with accessories as described in Attachment A hereto upon receipt of purchase order; and the CITY shall pay to CONTRACTOR the total sum of$98,359.00. ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, or 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 determined and directed by CITY's Purchasing Director in her sole reasonable discretion,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.The provision of this paragraph shall survive any expiration and/or termination of this Agreement. 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. 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 teens 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. ARTICLE XVII. DELIVERY. Title and risk of loss for the goods provided for herein shall transfer upon delivery and receipt. 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 rk District Sales Manager Mtfemi City Manager FEIN NO.59-2309315 Type III Modular Ambulance TABULATION OF BIDS CITY OF ELGIN Wheeled Coach Marque Ambulances 2737 North Forsyth Road 2408 Lincolnway East Invitation No. 06-062 Winter Park, FL 32792 Goshen, IN 46527 Date of Opening: 6/2/05 Department: Fire Department Cost Cost 2005 Ford E450 Marque Custom Commando Type Description 2006 Ford E450 111 164 Cost $123,959.00 $112,781.00 Repeat Customer Credit $5,000.00 Ford GPC Reduction ($5,100.00 Trade In 99 Marque ($15,500.00) ($18,000.00 Total $98,359.00 $94,781.00 City of Elgin Agenda Item N. -� July 7, 2006 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Michael Falese, Fire Chief SUBJECT: Bid#06-062, Replacement Ambulance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for the construction and purchase of an ambulance from Wheeled Coach Industries. RECOMMENDATION It is recommended that the City Council approve the contract for the construction and purchase of one ambulance from Wheeled Coach Industries in the amount of$98,359, after trade-in. BACKGROUND On May 18, 2006, a bid was advertised for the construction of one commercially produced emergency care ambulance in The Courier News and on the City website. Two bids were received and opened on June 2, 2006. The bids received for the ambulance were reviewed by members of the Maintenance Division and an Emergency Medical Services liaison. References for both submitting bidders were called and a number of complaints about electrical issues were associated with recent ambulance purchases from Marque Inc. The Elgin Fire Department had similar electrical issues that had the potential for creating an electrical fire, if they had not been discovered during routine maintenance. Marque Inc. is also relocating their production facilities which could create a delay in manufacturing and a change in the work force building the ambulances. The purchase of this ambulance is in accordance with the City vehicle replacement policy. FIRE Bid#06-062 July 7, 2006 Page 2 GROUPS/INTERESTED PERSONS CONTACTED None F NANCIAL IMPACT The cost of the vehicle from Wheeled Coach Industries will total $98,359 after trade-in. There are sufficient funds budgeted ($119,300) and available ($119,300) in the Riverboat Fund, account number 275-0000-791.92-48, "Mobile Equipment", project number 289567 (Ambulance Repl. 01 Ford) to purchase this ambulance. EGAL IMPACT *None ALTERNATIVES 1. Approve the purchase of an ambulance from Wheeled Coach Industries. 2. Do not approve the purchase of an ambulance from Wheeled Coach Industries. Respectfully submitted for Council consideration. MWF/wmb Attachment