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08-218 Resolution No. 08-218 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERFLEET, INC. FOR PURCHASE OF AN AUTOMATIC VEHICLE LOCATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Interfleet,Inc. for the purchase of an automatic vehicle location system,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 24th day of September, 2008, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Interfleet Inc. (hereinafter referred to as "Consultant"). WHEREAS, the CITY desires to engage the Consultant to furnish certain professional services in relation to preparation of specifications and bid documents for roof repair, replacement, and inspection of various City owned buildings as listed in Attachment A (hereinafter referred to as the "PROJECT"). AND WHEREAS, the Consultant represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the Consultant that the CITY does hereby retain the Consultant for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all consulting matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the MIS Department of the CITY, herein after referred to as the "DIRECTOR". B. A detailed Scope of Services is attached hereto as Attachment A. II. ITEMS NOT INCLUDED IN SCOPE OF WORK Not applicable III. PROGRESS REPORTS A. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in Paragraph B. below: B. The Consultant will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. IV.WORK PRODUCTS All work products prepared by the Consultant pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and 15 recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the Consultant may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the Consultant. V. PAYMENTS TO THE CONSULTANT (Lump Sum Method) A. The CITY shall make periodic payments to the Consultant based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the Consultant shall not exceed the amounts shown in the proposal, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 16 VI. INVOICES A.The Consultant shall submit invoices in a format approved by the CITY. Progress reports for the project will be included with all payment requests. B.The Consultant shall maintain records showing actual time devoted and costs incurred. The Consultant shall permit the authorized representative of the CITY to inspect and audit all data and records of the Consultant for work done under this Agreement. The Consultant shall make these records available at reasonable times during the Agreement period and for a year after termination of this Agreement. VII. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the Consultant. In the event that this Agreement is so terminated, the Consultant shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Article V above. VIII. TERM This Agreement shall become effective as of the date the Consultant is given a notice to proceed and, unless terminated for cause or pursuant to Article VII, shall be deemed concluded on the date the CITY determines that all of the Consultant's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. The term of the Agreement is 5 years, conditioned upon satisfactory performance by the Consultant and appropriation of fund by the City Council. If no funds are appropriated for a year of the contract, services will not be provided for that year and the remainder of the Agreement shall remain in full force and effect. IX. NOTICE OF CLAIM If the Consultant wishes to make a claim for additional compensation as a result of action taken by the CITY, the Consultant shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the Consultant's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the Consultant. Regardless of the decision of the DIRECTOR relative to a claim submitted by the Consultant, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. X. BREACH OF CONTRACT 17 If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. XI. INDEMNIFICATION To the fullest extent permitted by law, Consultant agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Consultant in connection herewith, including negligence or omissions of employees or agents of the Consultant arising out of the performance of this Agreement. 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. XII. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XIII. INSURANCE A. Comprehensive Liability, The Consultant shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $2,000,000 aggregate for bodily injury and $2,000,000 aggregate for property damage. The Consultant shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the Consultant under Article X entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, 18 alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $2,000,000 per occurrence subject to a$2,000,000 aggregate. D. Professional Liability. The Consultant shall carry Consultant's Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $2,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XIV. CONSTRUCTION MEANS,METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 19 XVI. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVII. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the Consultant shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the Consultant would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made.Any proposed subcontractor shall require the CITY's advanced written approval. XVIII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XIX. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XXI. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 20 XXII. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXIII. NEWS RELEASES The Consultant may not issue any news releases without prior approval from the DIRECTOR, nor will the Consultant make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIV. COOPERATION WITH OTHER CONSULTANTS The Consultant shall cooperate with any other consultants in the CITY'S employee or any work associated with the PROJECT. XXV. INTERFERENCE WITH PUBLIC CONTRACTING The Consultant certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXVI.SEXUAL HARASSMENT As a condition of this contract, the Consultant shall have written sexual harassment policies that include, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under state law; C. A description of sexual harassment, utilizing examples; D. The vendor's internal complaint process including penalties; E. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. Directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. 21 A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVII. WRITTEN COMMUNICATIONS All recommendations and other communications by the Consultant to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the Consultant be made or confirmed in writing. XXVIIL NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JEFF MASSEY MIS Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to Consultant: 22 IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By \ By Clerk City Manager e Consultant: Dated this :0�—day o A.D., 2008. ATTEST: By By Secreta resident (1 AL) 23 t PRICE PROPOSAL FOR THE CITY OF ELGIN,ILLP401S Fddng 1Wdd ftarabr b archrsive of Ap,JicabH Taxes Per Unit installation Extended Cost Quantity IAm 695,00 $ 100.00 ' ' 7o Wadi" GPSfAVL Unit )ual Mode Antenna $ _ $ 75.00 $5250 00 70 Ignition On $601900.00 A7 H3111"dle with 2 $ 100100 $15,900.09 20 Interneet GPSIAVL Unit b Duel Mode Antenna $ $ 75.00 $1,500-00 20 *man on $75.00 51,500.0D 20 PTO• $18,900A0 Notes: 'T"&No a voftWs s on vehids&u1lcating#0fvbB $ 995.09 $ 100.00 f7,155Oq 9 InterFlset(�pSIAVL Unit a Dual Mode Antenna $ 75.00. $875A0 9 On $ 75.00 $675A0 9 PTO $ 75.00 $67.5.00 9 Spreader AcWaW(on/cif 1'" $9,180.00 Noes: 'Txrg irw a vdfaige sigm 100 vehide kickafing It Owofr «pMvWjq thee is an ari sting 12v orot and signal on the whlde tint gims a tared#hna ulrc la� pleaw w oodwidp ri- cnn 521.185.00 $ 696.00 $ 100.00 $2 62x&09 IntarFNat GpSIAVL Unit! Dual Mode Anlarww $ 75.00 $2,025.00 27 0 On 3 75.00 $21025.00 27 PTO* $ 75.00 27 ,Weeder Ar9OW-{o 01 6VectorsBrooms $2.025.00 onroa ewer(Pro-we . $75,oD 27 or foddinoNa—M WSW r $29,665.90 Notes: '7YklD+nt0 a voltage sign V on vehida&ldkaBnp if orvbf► "P�ovidnQ thew is.an ea sffng 12v orgmwW signal on ft vehide Mitytws a b w c ruff►. Nno si gial avagablo PAM sae optWW price trot for hydmufle sensor connecSv9Y rfa $ 1,300.00 1 Intarfka►Webs"SOW i' = 1099.00 Na $ 2,000.00 2 snits int pod TWnW% (Woo.00 per session) $ 10000 rife $ 16,000.00 100 Project IAsi►sp9n t Fes a( tqut Fee) Na $ 16,006.00 t 10,000AO 1 Travel R"W E.Vsnser"� $ 2$,500.00 Trawl related ezP kid xIs return nights,actomodations and Per diem fw no9W sat���bng,2 day+'Of Notes: I1,W laet app&ceW ba*V,2 addticnal onsne project nwnagemerrt meetings end sYslest Na Xi 52&00 g 28.00 NS nfa 53 150,00 128 1D S�oond llpdateS 25,00 W-64SAO 126 30 Second Updates $ 2i m we 126 1 Mtww Updates $ 15.00 Me 51,680.00 126 5 Mfrwta Updates Now_ _-r mr Dfsoounl of 6%Ra 9 yaarand 10%for 5 Year conbad av&U* $2,392-74 5 18.89 We 52,140.74 126 t0 9eogrd Updobs(6 M9'at°plan) 5 11.99 da 126 30 Seootld l4 MB'fete Plan) nla $1,886.74 MB d8 a plan) $ 14,99 51,636.74 126 1 Mk Lft�K 2 MO des plan) i 1299 nla 126 S NWwEa Updates I IIII 00 r r Y � WL K dwere WfS�1 sSns r $ 80,900. 18,900.00 AVL Hardware wKh 2 sans rs $ S 9,160.00 AVL.Hardware wKh 3 sails rs $ 29,5400 AVL Hardware wadi 4 ssns a S 23,500,00 !r".Plarperiefion tas S 42�A. A�tawd 11Wreliss Service(t"ad on 10 Serx�UPdda')) $ 2012.66 f 215,993.55 alarm DiSOCIPA of 576 bi 3 par and 10%for 3 year contract aysRabla for fnlo~VOfi Wy Ica wwvea S �5 pia I aWs $ 50 5 22500 S 445.00 P,r 1 pkw UpfDew aw hyd a k van—) $ 220.00 $ 225.10 $ 441.00 1 V&Q Upeown(per hydra Gc feriae) $ 60.00 $ 75.00 $ 135,00 1 Upht Bet Sermon $ 60.00 $ 75.00 $ 135.DO 1 PTO(Cycle Sensor) S 80.00 5 75.00 S 375.00 1 Air and Road TwnparaW S� $ 360.00 $ 76.00 i 375.00 1 Fine Cmdrol Monitors 0 ipM and Medum Vehidss) S 300.00 $ 75M f 1 Enpine Cendd Malltora(I WW Duty Vehides) September 4, 2008 TO: Mayor and Members of the City Council L' itrardr(1?? :$foirt'i' FROM: Olufemi Folarin, City Manager �`�' Sean Stegall, Assistant City Manager Jeff Massey, MIS Director SUBJECT: RFP 08-031 Automatic Vehicle Location System PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the award of RFP 08-031 for an Automatic Vehicle Location System to Interfleet, Inc. RECOMMENDATION It is recommended that the City Council approve the contract with Interfleet, Inc. for the purchase of a turn-key fleet wide Automatic Vehicle Location System in the amount of$142,045 (FY 2008 one time cost). BACKGROUND This project is for a fleet wide (126 non-public safety vehicles) automatic vehicle location system (AVL). The AVL system will allow for tracking a vehicle's movement, i.e. speed, direction, stops, etc., as well as operation of onboard equipment such as snow plow, salt spreader, sweeper and vacuums. The data can be displayed visually on a map showing precise location at a given time as well equipment status at that time and location. The functionality of the AVL system will assist in improving citizen services, especially in the area of leaf pick-up and snow removal. Staff will have the ability to track, in real time, a vehicle's activity as well as looking back to see where a vehicle has been. The data will help to answer questions as to when a particular area was last cleaned. Staff will also be able to use the data from the AVL to improve operations by enhancing the efficiency and predictability of City services. RFP 08-031 was issued to solicit proposals for a turn-key automatic vehicle location system. Seven vendors responded to the RFP. The project team reviewed the proposals, inviting three of the vendors to provide on-site presentations and demonstrations. At the conclusion of the process, the project team agreed that Interfleet, Inc. had the best and most complete system and services to meet the needs of the City and satisfied all the requirements of the RFP and goals for RFP 08-031 Automatic Vehicle Location System September 4, 2008 Page 2 the project. Reference checks were made to other municipal clients, the results were very favorable. Interfleet has been providing municipal clients with AVL systems for more than ten years. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost to implement the turn-key AVL system fleet wide is a one time cost of$142,045 and an on-going annual cost of$71,049 ($28,713 for cellular modem air charges and $42,336 for system maintenance and server hosting). There is sufficient funds budgeted ($2,366,250) and available ($200,000) in General Fund Capital Improvement Fund, account 385-0000-795.91-48, project 039775 for the one time cost of deploying the system and two months (November and December) of modem air charges and system maintenance estimated at $5,000. The annual operating costs, necessary beyond 2008, will be included in the 2009 Budget and 2009-2013 Financial Plan. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to award the contract to Interfleet, Inc in the amount of $142,045 (FY 2008 up front cost) for the turn-key AVL system 2. The City Council may choose not to award the contract at this time. Respectfully submitted for Council consideration.