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06-226 SEPTEMBER 27, 2006 VOLUME LXXI RESOLUTION 06-226 ADOPTED AUTHORIZING EXECUTION OF AN AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-226 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT 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 amended community development block grant agreement on behalf of the City of Elgin with the Association for Individual Development for construction of improvements at 1135 Bowes Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. 834 VOLUME LXXI SEPTEMBER 27, 2006 Resolution No. 06-227 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST SHORE FIRE, INC. FOR PURCHASE OF A RESCUE BOAT 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 West Shore Fire, Inc. for purchase of Red Zodiac Pro 7 Man RIB Rescue Boat, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-228 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-228 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Frank J. Harsman hereby appointed as a member of the Plumbing Committee, for a term to expire May 1, 2009. BE IT FURTHER RESOLVED that Juan Figueroa be and is hereby reappointed as a member of the Centre Advisory Board, for a term to expire July 1, 2007. BE IT FURTHER RESOLVED that Scott Palmer be and is hereby reappointed as a member of the Centre Advisory Board, for a term to expire July 1, 2007. 835 Resolution No. 06-227 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST SHORE FIRE, INC. FOR PURCHASE OF A RESCUE BOAT 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 West Shore Fire, Inc. for purchase of Red Zodiac Pro 7 Man RIB Rescue Boat,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN AGREEMENT WITH WEST SHORE FIRE, INC. FOR RED ZODIAC PRO 7 MAN RIB BOAT This Agreement is made and entered into this '�?day of S C 10`% i ,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 West Shore Fire, Inc., incorporated in the state of 411 e,cc and having a principal place of business at 6620 Lake Michigan Drive, P.O. Box 188, Allenda e, Michigan 49401 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT"as used herein shall mean this Agreement, the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response (Proposal)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 RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents,the Proposal documents shall supersede this Agreement. ARTICLE 11. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The work shall be complete 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: (1) 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 CONTRACTORSs 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 complywith 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. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, 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 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. The provisions of this Article shall survive any expiration and/or termination of this agreement. 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 WEST SHORE FIRE, INC. By:4)�r& �-t By: Name and Title ".5 h-j/h/Sy? Olufemi F atin City Mana FEIN NO. F:\Legal Dept\forms\Bid Doc-Agreement for Bid-West Shore Fire-Boat Purchase.doc 6620 Drive WESr L'.(). B0.X 188 Ailc .n(iaic Ml 49401 ��,I ((il6)<�9:i-•1;3.17 SHE . .� WI.IE•'RL•' SALES S[=RVICis C0ME TOGS.1 tiER Bill Lamphiere Went Shore Fire Inc. Cell:616-293-2900 6620 Lake Michigan Dr. blamahiero WON dre.corr PO Box 188 www westshorefire com blaMphierepagLom Allendale Ml 49401 Phone:616-8954347 Watts:800.632-6184 Fax: 616$95-7158 QUOTATION /1/1R1N/1NMM111RNNAf NNf+Mf/R1fifNN1/1N/1fl 1N//1Rf 11N/NNffNNffff//M1/NNff/f111111/1NRNff}11M//11f1f Bin to City of Iiiir Fire Department PO# Address 550 Su rand Street Ship Elgin, It 60-120 F.O.B. Best Way Taxable No Shipping Same Address Wayne Smith/Firefighter-Paramedic Phone# 847-931-6175 Fax# 847-931-6179 e-man ami m(AMfe M110-51 UNIT PRICE TOTAL PRICE QUANTITY 1 N14231 F Pied Zodiac Pro 7 Man RIB Boat Inciudtis: 245tand-up Console&2 person seat box, prop, batter) box,tech, control box,control cables, 6 gal fuel tank 8 hosia, electric start,power trim&tilt fuel water sepanitor, Ira"switch,40 HP 4 stroke Yamaha $14,640.D0 $14,640.00 1 Single Axic Trailer for Zodiac Pro 7 Man Rib Boat $1,575.00 $1,675.00 TOTAL $16,315.00 :$16,315.00 . Agenda Item No. City of Elgin g September 8, 2006 _ i TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager' Mike Falese, Fire Chief SUBJECT: Replacement of Fire Boat 5 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the purchase of a replacement for Fire Boat 5 from West Shore Fire, Inc. RECOMMENDATION a�w It is recommended that the City Council approve the purchase of a Red Zodiac Pro 7 Man RIB boat from West Shore Fire, Inc. in the amount of$16,315. BACKGROUND Fire Boat 5 is a small, light-weight watercraft that can be easily deployed into remote bodies of water (i.e. the quarry, large ponds, detention ponds, etc.) that are unable to be accessed by the other two Department watercraft. It can also be deployed for river operations. It is currently out of service due to leaks in the hull and tube-sides. It has been determined that one section of the tube-side is leaking from between the laminated sections. Upon further examination, it was found that the hull was taking on water in its hollow void space. There is no way to remove this water short of drilling the hull, draining the water, and patching or plugging the drilled-out portion. The area of the hull leak would still need to be determined. It was the view of the Marine Technician Division at West Shore Fire, Inc. that Boat 5 is old for that style watercraft and it is very heavily worn. At a minimum, it was recommended that the hull be patched and the tubes replaced. The estimated cost of repairs is between $6,000 and $7,000, and the Department has been warned that it is common for repaired areas to place additional stress on other weak areas that could consequently lead to continuous need for repairs. The Department purchased Boat 5 with a used motor sixteen years ago. At that time, the options for small boats build sturdy enough for rescue operations were limited. In order to obtain a boat 401k. that was small and light enough to easily access remote bodies of water, the Department purchased a recreational boat that was built to be a yacht-tender. Boat 5 has no batteries and Replacement of Fire Boat 5 '� September 8, 2006 Page 2 consequently, no lights. Technically this makes night-time operations with this boat both illegal and dangerous. Also, the handles that assist in manually transporting Boat 5 to remote locations have fallen off the tubes and require repair. Boat 5 is already sixteen years old and is likely to require subsequent repairs resulting in additional expense and significant out-of-service time. It should be replaced with a modern, specialized rescue boat that will meet Departmental needs in terms of versatility, dependability, and operations for many years. By replacing Boat 5, the Fire Department would be replacing a much needed piece of front-line equipment. Subsequently, the Department would realize a boat that is safer for both victims and firefighters, with a design for rapid deployment which would meet the demands of the water-rescue and recovery role. Boat 5 is the only watercraft that is stationed south of the dam. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of the boat from West Shore Fire, Inc. will total $16,315. There were no funds budgeted for this expenditure. In 2005, the Fire Department received approximately $45,000 in a bequest that could be used for fire related activities. Account number 010-2802-735.92-46, Fire Department, Other Equipment, project number 289686, Fire Rescue Boat, would be charged. A budget adjustment will be necessary. I(�_ LEGAL IMPACT None ALTERNATIVES 1. The Council may choose to accept the proposal to replace Boat 5 2. The council may choose to not replace Boat 5 Respectfully submitted for Council consideration. MF/dr Attachment 406, i �i WEST fi6?0 1.,�;:e Michigan I)ri�� 11.0. lion 1S5 ;�Ilen�ialc•, .�tl -ly4()1 SHOU"Fo- (616)895-13.17 0ENgEEPW* WHERE SALES SERVICE comE,roGE'niER 1W I West Shore Fire Inc. Bill Lamphlere 6620 Lake Michigan Dr. Cell:816-293-2900 PO Box 188 www.westshorefire.com blamphiere(oD_westshorefire.corr Allendale MI 49401 blamphiere(cDaol.com Phone:616-895-4347 Watts: 800-632-6184 Fax: 616-895-7158 QUOTATION 2/14/2006 fRf!#f!!#R!#!R!!#!l Rl fR#!!!#RRf##R##!*#f#!R!!RR!##RRll fRRf!#!#IfRR!#!RR!##fR#!#f#RRIfRRIR lfR!#RlflRRlf#Rf#R!R!f#Rf#!## Bill to City of Elgin Fire Department PO# Address 550 Summit Street Ship Via Best Way Elgin, II 60120 F.O.B. Taxable No Shipping Same Address Wayne Smith/Firefighter-Paramedic Phone# 847-931-6175 Fax# 847-931-6179 e-mail smith w(-dWofelgin.ora Avik QUANTITY UNIT PRICE TOTAL PRICE 1 N14231 F Red Zodiac Pro 7 Man RIB Boat Includes: Stand-up Console&2 person seat box, prop, battery box, tack, control box,control cables, 6 gal fuel tank& hose, electric start, power trim&tilt,fuel water separator, battery switch, 40 HP 4 stroke Yamaha $14,640.00 $14,640.00 1 Single Axle Trailer for Zodiac Pro 7 Man Rib Boat $1,675.00 $1,675.00 TOTAL $16,315.00 e$16,315.00 ,mo►