09-259 Resolution No. 09-259
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH EQUIPMENT MANAGEMENT COMPANY
FOR FIRE DEPARTMENT PROTECTIVE CLOTHING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Agreement
with Equipment Management Company for fire department protective clothing on behalf of the City
of Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 16, 2009
Adopted: December 16, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN AGREEMENT FOR
RFP Number:09-066 for:Fire Protective Turnout Clothing
This Agreement is made and entered into this 2ndday of December , 2009 by and between the City of Elgin ("the
CITY'), a munic'pal corporation r nized and existing under the laws of the State of Illinois, and
Elk/ incorporated in the state of ZL and having a principal place of
buskess at "the CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement,the Invitation for RFPs (IFB)
including all documents referenced therein and the Contractor's RFP response(RFP) 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 IFB and
CONTRACTOR'S RFP. In the event there is a conflict between this Agreement and the RFP documents,the RFP documents
shall supersede this Agreement.
ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide the goods or services described in the IFB and RFP,
at the prices and terms contained therein.
ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods or services upon receipt of
purchase order;and the CITY shall pay to CONTRACTOR the total sum of$ 30,000 .
ARTICLE IV. 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 V. DAMAGES. From any sums due to the CONTRACTOR for 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 services as a result of any failure, omission or mistake of the CONTRACTOR in
providing the goods and services as provided in THIS CONTRACT.
ARTICLE VI. 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,or in the
event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason,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.
Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT
shall be in the Circuit Court of Kane County,Illinois.
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.
The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incorporated by
reference,as if set out verbatim.
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.
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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 CONTRACT, 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 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.
ARTICLE XIII. AUTHORIZATION. This CONTRACT is in the best interests of the CITY and is authorized by law. 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. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto,except as may be specifically provided for herein.
ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body
of this CONTRACT,the terms and provisions of this CONTRACT shall control.
ARTICLE XVI. 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 CONTRACT shall supersede all
previous communications,representations,or agreements,either verbal or written,between the parties.
ARTICLE XVIL 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. 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 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 Q9rJLGIN
gN
ame and Tit S tegalQ City Manager
FEIN NO. '� 1 S
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City of Elgin Agenda Item No.
November 25,2009
`1
TO: Mayor and Members of the City Council
FROM: Sean R. Stegall, City Manager_ afr `"""u"``y
John E. Henrici,Fire Chief
SUBJECT: RFP#09-066 Fire Department Protective Turnout Clothing
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a contract for the manufacture of Fire Department protective turnout
clothing to Equipment Management Company.
RECOMMENDATION
It is recommended that the City Council approve the award of a contract to Equipment
Management Company for Fire Department protective turnout clothing in the amount of$15,000
annually for two years.
BACKGROUND
The Request for Proposal (RFP) was posted on the City of Elgin website and published in the
October 16, 2009 issue of the Courier News. Seven timely proposals were received and opened
on October 30, 2009.
Previous field testing of various manufacturers of Fire Department protective turnout clothing
was completed in 2007 and a minimum set of requirements for the construction of the protective
equipment was determined. Product evaluation using comparable Fire Department protective
turnout clothing is critical for assessing the performance of the protective clothing in a wide
range of emergency and non-emergency situations.
Of the seven proposals received, five were deemed to be compliant with the specifications of the
RFP. The apparent lowest respondent did not provide the product information required. Out of
the five compliant proposals, Equipment Management Company is recommended to supply the
protective turnout clothing for the members of the Elgin Fire Department. Equipment
Management Company was compliant with the proposal requirements and met the performance
criteria as defined in the RFP document. Although price was not the primary deciding factor,
this company offered the lowest price and complied with all specifications.
RFP#09-066 Fire Department Protective Turnout Clothing
November 25,2009
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
OLLINANCIAL IMPACT
There are sufficient funds budgeted ($97,120) and available ($25,230) in the General Fund,
account number 010-2802-735-17.06 (Fire Department Clothing Supplies), to enter into an
agreement with Equipment Management Company for Fire Department protective turnout
clothing in the amount of $15,000 annually for two years. In 2009 $15,000 of protective
clothing will be purchased. The remaining purchase of$15,000 has been included as part of the
proposed 2010 budget.
GAL IMPACT
f v
None
ALTERNATIVES
1. The City Council may choose to award the RFP contract to Equipment Management
Company.
2. The City Council may choose to not award the RFP contract to Equipment Management
Company.
Respectfully submitted for Council consideration.
JEH/wmb
Attachment
"04)
r
Protective Turnout Clothing RFP
TABULATION OF RFPS
CITY OF ELGIN Municipal Emergency Services Equipment Management Company Alexis Fire Equipment Air One Equipment Pinnacle Safety Group Environmental Safety Group W.S.D y
75 Glen Road 22824 West Winchester 109 E.Broadway 360 Production Drive P.O.Box 1003 570 North Fronrege Road 325 Sprkng Lake Drive
Invitation No.09-066 Suite 207 Channahon,IL 60410 Alexis,IL 61412 South Elgin,IL 60177 Pekin,IL Bolingbrook,IL 60440 Itasca,IL 60143
Date of Opening:10/30/09 Sandyhook,CT 06482
Depannent:Fire
rice P rice Price
Item rice Price
Pricing for Ten coats and parts $ 13,200.00 $ 14,430.00 $ 14,920.00 $ 15,450.00 $ 15,710.00 $ 16,390.00 $ 18,000.00
City of Elgin Memorandum
Date: December 18, 2009
To: Mike Baker, Fire Assistant Chief
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-259, Adopted at the December 16, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Agreement with Equipment Management Company for Fire Department
Protective Clothing