09-80 Resolution No. 09-80
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
WAREHOUSE DIRECT
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 Warehouse Direct for furniture for the Drug Division of the Elgin
Police Department, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 8, 2009
Adopted: April 8, 2009
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN
AGREEMENT WITH WAREHOUSE DIRECT
FOR PURCHASE OF OFFICE FURNITURE
FOR ELGIN POLICE DEPARTMENT
THIS AGREEMENT is made and entered into this \$ `day of February, 2009 by and between
the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of
the State of Illinois, and Warehouse Direct, incorporated in the State of Illinois and having a
principal place of business at 1601 W. Algonquin Road, Mt. Prospect, Illinois 60056 ("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 July 28, 2008 (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
furniture requested by the CITY. CONTRACTOR shall complete the delivery and installation of
the furniture on or before V c �� , 2009. Compensation to the CONTRACTOR shall
be in the amount of Eleven Thous a d Six Hundred Thirty-Six and no/I00ths ($11,636.00). Such
compensation shall be paid to the CONTRACTOR within thirty (30) days following
CONTRACTOR'S completion of its work including delivery and setup of all furniture and
equipment.
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.
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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.
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February 5, 2009
TO: Mayor and Members of the City Council i
FROM: Olufemi Folarin, City Manager
Cecil E. Smith, Deputy Chief of Police
SUBJECT: Office Furniture for Police Drug Division
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an award to Warehouse Direct for furniture in the Drug Division of the
Police Department.
RECOMMENDATION
It is recommended that the City Council award a contract to Warehouse Direct for furniture in
the Drug Division of the Police Department in the amount of$11,636.
BACKGROUND
A Request for Proposal for furniture for various areas in the Police Department was advertised in
the March 24, 2008 Courier News and posted on the City's website. Furniture was requested for
seven areas within the Police Department: Report Writing, Roll Call, Front Desk, Community
Room, MID/Gangs, Private Offices and the Drug Division. In speaking with Warehouse Direct
the company has agreed to hold and honor the original bid price until the agreement is
completed.
Due to budgetary cuts, the Police Department was unable to complete the furniture replacement
project in fiscal year 2008. The Drug division currently has office furniture that was purchased
more than 10 years ago. This furniture was also water damaged by a leaking roof. Items
requested include chairs, tables, files, and desks.
Four timely proposals were received and reviewed by the Police Department. After due
diligence was performed, staff determined that Warehouse Direct had a more durable product.
The product produced by Arthur P. O'Hara uses plastic in many areas where Warehouse Direct
uses metal. Because of material quality, the Warehouse Direct furniture will last as long as the
current product, if not beyond.
The original tab sheet and quote are attached for your review.
Office Furniture for Police Drug Division
February 5, 2009
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total purchase price of the furniture as submitted by Warehouse Direct is $11,636. There are
monies allocated within the Drug Asset Forfeiture Fund to be used for office furnishings and
equipment for drug related investigations. There are sufficient funds available ($12,000) in the
Drug Asset Forfeiture fund 250-0000-791.92-50 "Capital Additions / Office Furniture," project
number 239815, "Drug Unit Furniture 2009".
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to award a contract to Warehouse Direct for furniture for
the Drug Division in the Police Department in the amount of$11,636.
2. The City Council may choose not to award a contract to Warehouse Direct for furniture
for the Drug Division in the Police Department in the amount of$11,636.
Respectfully submitted for Council consideration.
CES/cs
Attachment
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Office Furniture for Police Station
TABULATION OF BIDS
CITY OF ELGIN Kentwood Office Furniture Warehouse Direct Arthur P. O'Hara KI
800 S. Rowling Road 1601 W.Algonquin Road 2501 Grant Street 1330 Bellevue Street
Invitation No. 08-023 Addison, IL 60101 Mt. Prospect, IL 60056 Bellwood, IL 60104 Green Bay, WI 54308
Date of Opening: 4/3/08
Department: Police
Item Unit Price Unit Price Unit Price Unit Price
Work Stations/Cubicles $91,024.00 $78,011.00 $73,292.43 $156,897.11
Freight& Installation $6,180.00 $9,445.00 $6,000.00 $0.00
Less: Trade In Allowance -$1,900.00 -$6,500.00 -$2,200.00 $0.00
Sub Total $95,304.00 $80,956.00 $77,092.43 $156,897.11
Comments
A.R.O. 40 days 45 days 30-45 days 40 days
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IF¢Gfy§ City of Elgin
Memorandum
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Date: April 14, 2009
To: Cecil Smith, Police Deputy Chief
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution Nos. 09-80, Adopted at the April 8, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please distribute to the appropriate parties
and if needed, 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 Warehouse Direct for furniture for the Drug Division of the Elgin Police
Department