08-17 Resolution No. 08-17
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
NICOMM WIRELESS COMMUNICATIONS, L.L.C.
FOR THE PURCHASE OF ALERTING SYSTEM EQUIPMENT
FOR FIRE STATION 7
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 Nicomm
Wireless Communications,L.L.C.,for the purchase of alerting system equipment for Fire Station 7,a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 13, 2008
Adopted: February 13, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
0-4
Resolution No. 08-17
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
NICOMM WIRELESS COMMUNICATIONS, L.L.C.
FOR THE PURCHASE OF ALERTING SYSTEM EQUIPMENT
FOR FIRE STATION 7
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 Nicomm
Wireless Communications,L.L.C.,for the purchase of alerting system equipment for Fire Station 7,a
copy of which is attached hereto and made a part hereof by reference.
Ed Schock, Mayor
Presented: February 13, 2008
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Diane Robertson, City Clerk
CITY OF ELGIN
AGREEMENT WITH NICOMM WIRELESS COMMUNICATIONS, L.L.C.
FOR PURCHASE OF ALERTING SYSTEM EQUIPMENT FOR FIRE STATION 7
THIS AGREEMENT is made and entered into this 24-day ofd 201 by and between the City
of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of
Illinois,and Nicomm Wireless Communications,L.L.C.,a Limited Liability Company in the State of
Illinois and having a principal place of business at 2235 Gateway Drive, Sycamore, Illinois 60178
("the CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement,the
Request Proposals (RFP) including all documents referenced therein and the Contractor's
Proposal response dated September 25,2007(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 SCHEDULE. 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,delivered and installed the Comtech
Fire Station Alert System for Fire Station#7 requested by the CITY. CONTRACTOR shall complete
the delivery and installation of the entire Comtech Fire Station Alert System on or before March 31,
2008. Compensation to the CONTRACTOR shall be in the amount of Twenty-two Thousand Two
Hundred Seventy-Five and no/100ths ($22,275.00). Such compensation shall be paid to the
CONTRACTOR within thirty(30)days following CONTRACTOR'S completion of its work and the
alert system being testing and operational.
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.
2
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. 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 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 XIV. WARRANTY. CONTRACTOR shall and hereby does include a one (1) year
parts and labor warranty on all of the labor and products to be provided as part of this CONTRACT.
Such one (1) year warranty shall be from the date of installation by the CONTRACTOR.
CONTRACTOR shall correct at its sole cost any defects in any parts or labor provided pursuant to
this CONTRACT.
ARTICLE XV. 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.
SIGNATURE PAGE FOLLOWS
3
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written.
CONTRACTOR CITY OF ELGIN
NICOMM WIRELESS COMMUNICATIONS
L.L.C.
By By
?arGai e eneral Manager Olu' la
City ana r
FEIN NO. 36-4262269
F:\Legal Dept\forms\Bid Doc-Agreement for Alerting Equip-Fire Stn Tdoc
4
0 L.L.C.
Wireless Communications
Since 1977
2235 Gateway Dr. • Sycamore, IL. 60178
815-758-0661 •800-448-0410 •815-758-0280 fax
www.nicomm.net
Prepared for: City of Elgin Fire Department
Attn: Capt. Dave Schmidt
Comtech Fire Statior Alert System/ station #7
Date: 9/25/07
Qty. 1 Model 10 HUE, $8850.00 $8850.00
Qty. 1 CAD interface $2500.00 $2500.00
Qty. 1 Tone Decodei Board $195.00 $195.00
Qty. 5 2 Tone Decocers $205.00 $1025.00
Qty. 1 5 Port switch $65.00 $65.00
Qty. 1 Vega IP223 $1925.00 $1925.00
Qty. 1 Astron power supply $145.00 $145.00
Qty. 1 UPS $565.00 $565.00
Qty. 1 Wall Rack 16f:U $475.00 $475.00
Qty. 10 LED egress I ghts(red) $110.00 $1100.00
Qty. 2 Strobe Lights $95.00 $190.00
Qty. 1000'Plenum Wire $165.00 $165.00
Sub-Total $17200.00
Shipping $275.00
Tax Exempt
Installation $4800.00
Programming 12c227,.00 ded
Price good for 30 days Total
PROPOSAL
I
January 18, 2008
2
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager SAFE COMMUNITY
John Henrici, Fire Chief
SUBJECT: Purchase of Fire Station Alerting Equipment for Fire Station #7 from Nicomm
L.L.C.
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 Nicomm L.L.C. for the
purchase of the fire station alerting system equipment.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into this contract
with Nicomm L.L.C. in the amount of$22,275.
BACKGROUND
The purchase will be for the required equipment for fire station alerting. Notification of fire and
ambulance alarms to Elgin fire stations is accomplished through the fire station alerting system.
The six existing fire stations all have identical equipment, as this type of system requires very
specific identical equipment in each fire station.
Nicomm L.L.C. is the sole provider of this equipment. It is imperative that all of the fire station
alerting equipment is kept identical for the maintenance and update of said equipment.
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total budget for this projectundslbud budgeted ($4,918,600) and available ($304,566)
encumbered to date. There are sufficient g
in the Riverboat Lease Fund, account number 276-0000-791.92-36, "Buildings and Structures,"
project number 289506 (Fire Station 7)to enter into the $22,275 contract with Nicomm L.L.C..
Fire Station Alerting Equipment for Fire Station#7
January 18, 2008
Page 2
LEGALIMPACT
The proposed agreement would constitute a sole source procurement pursuant to Chapter 5.14 of
the city's procurement ordinance.
ALTERNATIVES
1. The City Council may choose to purchase the fire station alerting equipment from
Nicomm L.L.C.
2. The City Council may choose not to purchase the fire station alerting equipment from
Nicomm L.L.C.
Respectfully submitted for Council consideration.
JH/das