07-124 Resolution No. 07-124
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
AMERICAN AIRWORKS FOR PURCHASE OF FIRE HOSE DRYER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with American Airworks, for purchase of a fire hose dryer, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 23, 2007
Adopted: May 23, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton
Jennifer Quinton, Acting City Clerk
CITY OF ELGIN
AGREEMENT WITH AMERICAN AIRWORKS
FOR PURCHASE OF FIRE HOSE. DRYER
This Agreement is made and entered into this��day of Marc*,2007 by and between the City of
Elgin("the CITY"), a municipal corporation organized and existing under the laws of the State of
Illinois, and American Airworks, incorporated in the state of , and having a principal
place of business at 578 Robert C. Byrd Drive, P.O. Box 1000, Sophia, WV 25921-1000("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 dated February 21,2007,(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 II. DURATION AND COMPENSATION. The CONTRACTOR shall commence the
performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The
work shall be complete when the CONTRACTOR has provided and delivered the fire hose dryer to
the CITY. Compensation to the CONTRACTOR shall be in the amount of$12,420.00 for Item
AC99201 -Dryer,Hose,Electric,240V, 1 Phase,2 Wire;and Yellow Freight charges in the amount
of$450.00, with the total compensation not to exceed Twelve Thousand Eight Hundred Seventy
Thousand Dollars ($12,870).
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.
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.
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
AMERICAN AIRWORKS
Nam d Title
OlufZa n a g i Fo 'n'
City
FEIN NO.
F:\Legal Dept\forms\Bid Doc-Agreement AmericanAirworks-FireHoseDryer.doc
AMERICAN Quote
---.-93A RWORKS
578 Robert ate Quote#
Bert C.Byrd Drive
PO Box 1000 2/21/2007 4581
Sophia,WV 25921-1000
Name/Address Ship To
Elgin City of
150 Dexter Court
Elgin IL 60120
hryniewiC2;_M@Cityofelgin.org
FOB Rep
Origin TM
Item Description Qty Cost Ea Total
AC99201 Dryer,Hose,Electric,240V,1Phase,2Wire 1 12,420.001 12,420.00
Yellow Freight Yellow Freight 1 450.00 450.00
Total $12,870.00
City of Elgin
Agenda Item No.
aF
March 9, 2007
TO: Mayor and Members of the City Council
SAFE CC>MMtJ'NITY
FROM: Olufemi Folarin, City Manager
Michael W. Falese, Fire Chief
SUBJECT: Purchase of a Fire Hose Dryer—Exception to the 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 for the replacement of one
Circul-Air fire hose dryer from American Airworks.
RECOMMENDATION
It is recommended that the City Council approve the purchase of one fire hosedryer from
p ry
American Airworks, in the amount of$12,870.
BACKGROUND
The fire hose dryer at Fire Station 2 is nearly 50 years old, not in proper working condition and is
in need of replacement. According to the manufacturer, Circul-Air, this fire hose dryer is not able
to be retrofitted with a new electronics package to make it usable. Circul-Air has retrofit two
existing fire department fire hose dryers at a substantial savings as compared to buying new fire
hose drying units.
Dependable firefighting hose is an integral part of performing the tasks necessary to keep
property damage to a minimum during a fire and to ensure the safety of the citizens and
firefighters that use the fire hose. The Elgin Fire Department annually tests and maintains its fire
hose to get the maximum amount of use out of this important piece of equipment. The fire hose
dryer is an important part of this maintenance as the fire hose dryer allows the hose to dry at a
controlled temperature and rate which extends the life of the inner rubber lining. The Elgin Fire
Department has used Circul-Air fire hose dryers since the 1950's and has had excellent service
from these units.
Circul-Air is the only manufacturer of this type of fire hose dryer and American Airworks is the
distributor for the product.
f
FIRE—Hose Dryer
March 9, 2007
Page 2
This is an exception to the procurement ordinance based on section 5.02.020 Section B.9, stating
that "contracts authorized by a vote of 2/3 of all members of the city council then holding office
upon a finding by the city council that an exception to the requirements of the procurement
ordinance is necessary and in the best interests of the city".
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None.
7/1_F_INANCIAL IMPACT
There are sufficient funds budgeted ($17,000) and available ($17,000) in the Riverboat Fund,
account number 275-0000-791.92-46 (Other Equipment), project number 289692 (Sta 2 Hose
Dryer)to make this purchase totaling$12,870 from American Airworks.
EGAL IMPACT
VV/The proposed agreement requires an exception to the procurement ordinance.
ALTERNATIVES
1. The Council may choose to approve the purchase of one fire hose dryer from American
Airworks.
2. The Council may choose not to approve the purchase of one fire hose dryer from
American Airworks.
Respectfully submitted for Council consideration.
MWF/wmb
Attachment