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08-108 Resolution No. 08-108 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR THE PURCHASE OF ELGIN PELICAN STREET SWEEPER 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 be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Standard Equipment Company for the purchase of one Elgin Pelican street sweeper, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 23, 2008 Adopted: April 23, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITTY OF ELGIN AGREEMENT WITH STANDARD EQUIPMENT COMPANY FOR PURCHASE OF 2008 ELGIN PELICAN NP STREET SWEEPER THIS AGREEMENT is made and entered into this day o f April,2008 by and between the City of Elgin("the CITY"), a municipal corporation organized and existing under the laves of the State of Illinois, and Standard Equipment Company, incorporated in the state of Illinois, and having a principal place of business at 2033 West Walnut Street, Chicago, Illinois 60612 ("the CONTRACTOR"). ARTICLE I. PURCHASE. The CONTRACTOR agrees to provide, and the City agrees to purchase,the goods and/or services provided for herein under the terms and conditions provided for herein and pursuant to Exhibit "A", attached hereto and made a part hereof. ARTICLE II. DURATION AND SCHEDULE. The CONTRACTOR shall provide the goods and/or services at the price provided for and subject to the warranty provided for in Exhibits"A"and "B" attached hereto and incorporated herein, on or before August 15, 2008. Payment by City shall be made to CONTRACTOR within thirty(30)days of receipt and acceptance,and upon receipt of an invoice from CONTRACTOR. Compensation to the CONTRACTOR shall be in the amount of 5159,793.00 for one 2008 Elgin Pelican NP street sweeper. 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 LAW/VENUE AND ORDINANCES. This Agreement shall be subject to and governed by the laws of the United States, the State of Illinois and the City of Elgin, Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. ARTICLE VI. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, including but not limited to any violation of any law as provided for in Article XIV herein, the remainder of this Agreement shall remain in full force and effect. 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. 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 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 paragraph shall survive any termination and/or expiration 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. 2 ARTICLE XIII. 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 XIV. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable U. S. Federal, State, City and other requirements of.law, including,but not limited to; any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees. Without limiting . the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. ARTICLE XV. WARRANTY. The CITY'S purchase from the CONTRACTOR as provided in this contract shall include the standard warranty typically provided by CONTRACTOR for the equipment being purchased herein. ARTICLE XVI. ENTIRE AGREEMENT. This Agreement embodies the whole agreement between the parties hereto. There are no other agreements, either oral or implied between the parties hereto; and this Agreement shall supersede any and all previous communications,representations,or agreements, either verbal or written, between the parties. ARTICLE XVII. INDEPENDENT CONTRACTOR. This Agreement shall not be construed so as to create a joint venture,partnership, employment or other agency relationship between the parties hereto. ARTICLE XVIII. TIME. Time is of the essence of this Agreement. ARTICLE XIX. DAMAGES. In the event of any breach of any of the terms of this Agreement by City, CONTRACTOR'S damages shall be limited to a maximum of the-purchase price provided for herein; which shall be calculated on the basis of CONTRACTOR'S actual compensatory damages 3 only. CONTRACTOR shall not be entitled to consequential;incidental or nominal damages for any reason. 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 WITNES S WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN STANDARD EQUIPMENT COMPANY By By James r Olufemi Sarin Sales Representative Ci Mana FEINT NO. 4 • 2033 WEST WALNUT STREET • CHICAGO, IL 60612. 312/829-1919 • FAX 312/829-6142 E-MAIL:sales @standardequipment.com • INTERNET: http://www.standardequipment.com EXHIBIT "A" E Q U I P M E N T C O M P A N Y Mr. Terry Podzimek March 4, 2008 Superintendent of Fleet Services City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Podzimek, Standard Equipment Company is pleased to present the following quote on a 2008 Elgin Pelican NP with-dual gutter brooms and standard equipment as shown. In addition, I have included the following equipment of which we have discussed. This quote is valid for 60 days from today's date. 2008 Elgin Pelican NP dual includes: Clearance lights Hydrant wrench AM/FM Stereo Beacon w/protector Conveyor cleanout Conveyor stall alarm LED Arrowstick RH Side broom tilt w/indicator LH Side broom tilt w/indicator HD Dual limb guards w/crossbar Premium radiator hoses for JD Engine Air conditioning 2 rear flood lights RH Bostrom air ride cloth seat LH Bostrom air ride cloth seat Hydraulic oil level shutdown XGS Autolube Engine air precleaner 2 alternating LED lights in battery cover LED Stop, tail, turn lights Painted white Spare drive wheel and tire Spare guide wheel and tire Pelican NP Service manual 1 day operator/maintenance training 1 factory mechanics training FOR THE AMOUNT OF: $159,793.00* *INCLUDES FACTORY DISCOUNT. If you have any question regarding this quote, please contact me at (312) 829-1919. Best regards, STANDARD EQUIPMENT COMPANY Jim Mil Miller Sales Representative April 4, 2008 Y TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager rtahborhood i•italify John Loete, Public Works Director SUBJECT: Purchase of One Elgin Pelican Street Sweeper 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 to purchase one Elgin Pelican three wheel hydraulic street sweeper. RECOMMENDATION It is recommended that the Mayor and City Council authorize staff to execute the purchase of one Elgin Pelican sweeper from Standard Equipment Company in the amount of$159,793. BACKGROUND The purchase of this Elgin Sweeper is part of the Public Works equipment purchases approved for 2008. Staff has met with representatives from Standard Equipment Company, the regional factory representative for Elgin Sweeper Company, and received a detailed proposal (attached) for one new model year Elgin Pelican street sweeper with several options that will facilitate sweeping operations in our City. The attached proposal is approximately two percent (2%) higher than the purchase of a similarly equipped Elgin Pelican purchased last year and includes a factory discount. This purchase of the Elgin sweeper without competitive bids will be an exception to the procurement ordinance. As in past years, there are several advantages to the City in continuing to buy Elgin Sweeper products, which include the following: 1) Parts are readily available from the manufacturer and equipment downtime is greatly reduced; 2) Our mechanics and operators are thoroughly familiar with the Elgin sweeper equipment; Purchase of a Pelican Sweeper April 4, 2008 Page 2 3) Any unusual problems can be addressed by prompt technical support directly from the local Elgin factory; and 4) Both the distributor and manufacturer provide maintenance and operation classes at the factory in Elgin annually COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The purchase price of the sweeper from Standard Equipment Company totals $1 59,793. The necessary funding has been established ($1,238,000) and is available ($160,000) in the General Fund Capital Improvements Fund, account 385-0000-795.91-48 "Mobile Equipment" project number 039734, "Elgin Street Sweeper 2008" to purchase the sweeper. LEGALIMPACT The proposed purchase would require an exception to the procurement ordinance which requires a 2/3 vote of the City Council. ALTERNATIVES 1. The City Council may approve the purchase of one Elgin Pelican sweeper from Standard Equipment Company. 2. The City Council may direct staff to publicly bid the purchase of the one sweeper. Respectfully submitted for Council consideration.