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12-108 Resolution No. 12-108 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT COMPANY FOR FIRE PROTECTIVE TURNOUT 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 on behalf of the City of Elgin with Equipment Management Company for fire protective turnout clothing, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR RFP Number: 12-014A for:Fire Protective Turnout Clothing This Agreement is made and entered into this 27 day of June , 2012 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Equipment Management Company, incorporated in the state of Illinois and having a principal place of business at 22824 W. Winchester Drive, Channahon,IL 60410("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Request for Proposal (RFP)including all documents referenced therein and the Contractor's 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 RFP and CONTRACTOR'S Proposal. 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. DURATION.This contract agreement shall run through December 31,2013. 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. 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 r 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. 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. 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 XV. 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. CONTRACTOR shall pay any and all costs associated with any such audit. 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 O ELGIN Name and C SeV Stegall FEIN NO. — City Manager 1 Alk p IN :�E7 0RT TO p,/�g`'°op C IvAE"3ltT....,E, , THE CITY IN THE SUBURBS AGENDA ITEM: H MEETING DATE: June 13, 2012 ITEM: Purchase of Fire Department Protective Turnout Clothing ($25,380) OBJECTIVE: rotective turnout clothing and equipment. Provide Elgin firefighters with state-of-the-art p RECOMMENDATION: to provide fire department pro- Approve the contract with Equipment Management Company p tective turnout clothing. BACKGROUND protective turnout clothing is the clothing that is worn by firefighters during Fire department fires. National Fire Protection Association (NFPA) standard �o ensupe it meetsocur enthmin mum replaced every ten years to maintain its effectiveness an re- standards.rds. The fire depart ment maintains a rotation that provide allows for two ylearl shelf-life for placed at approximately the eighth or ninth year to provide spa re clothing. There are occasions when firefighters must clean structural fires. Until such a time out clothing due to biohazard ispare clothing must be used. as the clothing is dry a The NFP A standard is constantly changing with updates and improvements to the turnout cloth- ing, including changes to the weight and protective material.the Elgin firefighters t t lofg artment is better able to outfit -of- bids every two years,the dep g n with epart- -art equipment. The Elgin fire department continues to collaborate tionn the nt oeteof iha vng the the ments, including Naperville's and Palatine's, to share informa most up-to-date specifications. OPERATIONAL ANALYSIS Am equipment minimum set of requirements for the construction of the urnout ive n 2007a P oduct mined after field testing various manufacturers protective t evaluation using comparable fire department protective turnout lo h and f emergency the performance of the protective clothing in a wide range o emergency 1 ti situations. A bid was released in April to solicit responses for supplying new protective turnout clothing for Elgin firefighters. A The RFP was posted on the city's website and published in the April 13, 2012 issue er News. Seven timely proposals were received and opened on May 1, 2012, of the Couri- Four proposals received with three being deemed compliant with the specifications of the re- quest for proposal (RFP). The lowest bidder proposed a lower quality product than the other bidders. Of of the three compliant proposals, Equipment Management Company is being rec- ommended to supply the protective turnout clothing for the members of the Elgin fire depart- ment. Equipment Management Company was compliant with the proposal requirements and met the performance criteria as defined in the RFP document. While not the lowest of the three compliant bidders, given the small amount of the price difference utilizing such company pro- vides the overall best value to the city as the Elgin fire department has been purchasing turnout gear from Equipment Management Company since 2009 and has been satisfied with the quality of the turnout gear and customer service from the company. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Staff anticipates replacing 15 sets of protective turnout clothing in 2012 and 2013. Under the terms of the two year agreement with Equipment Management Company the cost this gear would be $25,380 annually. Funding in the amount of $25,380 will be included in the 2013 budget to accommodate the 2013 purchase. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT General 010-2802-735-17.06 BUDGETED AVAILABLE N/A $147,620 $73,614 LEGAL IMPACT None. ALTERNATIVES The council may choose not to award the RFP contract and instruct staff to rebid and delay turnout clothing replacement. J r� 2 NEXT STEPS Execute contract with Equipment Management Company. Originators: John P. Fahy, Fire Chief David A. Schmidt, Assistant Fire Chief Colleen Lavery, Chief Financial Officer Final Review: le Corporation Counsel/Chief Development Officer William A. Cog y, Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Contract with Equipment Management Company B. Bid Tabulation f R)Ik 3 CITY OF ELGIN AGREEMENT FOR RFP Number: 12-014A for:Fire Protective Turnout Clothing This Agreement is made and entered into this — day of 2012 by and CITY"), a municipal corporation organized and existing under the laws of the State of Illinois,between the City of Elgin ("the Company, incorporated in the state of Illinois and having a principal place of business at22824 "e Winchester Drive, Channahon,IL 60410("the CONTRACTOR"). 4 eWa3chester a Drive, cz- ARTICLE I. DEFINITION. 4``�``?''�_'E•`as used herein shall mean(RFP)including all documents referee ed therein and the Contractor's response(RFP)Itheretoincorporated tp the by reference for Proposal 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 RFP documents, the herein documents shall supersede this Agreement. documents, the RFP 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. DURATION.This contract agreement shall run through December 31,2013. 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 followin g: (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 Al 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 in lieu thereof. be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative 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. 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 the CONTRACTOR, at the address set forth above 150 the Dexter attention Courtf Elgin, 60120 oroto such undersigned otherraddr ss representative, authorized City, to the attention of the City Manager, representatives as either party shall designate in writing to the other in the manner herein provided. and ARTICLE XI. INDEMNIFICATION. To the fullest and commissions from and against any rand all claims, suits,indemnify, judgments,co costs, hold harmless the City,its officers, employees,boards attorney's fees,damages or any and all f Contractor arising out of or employees, agents or subcontractors gn the performance of acts or negligent acts or omissions o event of any action this CONTRACT,including but not limited to,all goods delivered scions covered by the foregoeng duty toe indemnify,fy defend and hold against the City, its officers, employees, agents, harmless,such action shall be defended by legal counsel of the City's choosing. AB CLE XII. PUBL_ ICITI'• 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. APPROPRIATIONS. Thefiscal r are subject t t the contingent upon he appropriation December funds esufficient to discharge CITY is the 12 month period ending of the CITY under any contract for any fiscal y J he obligations which accrue i e t rm of the CONTRACT,isuffici sufficient funds or he discharges of the CITY'Stobligations under the d such funds for the purposes of the If, for any fiscal year during ed funds are exhausted,whichever is later,without liability to the CITY for damages,penalties or ten the CONTRACT shall terminate as of the last day of the preceding is p year, or contract are not appropriated and authorized, when such appropriated and authortz other charges on account of such termination. bodies the ARTICLE XIV. ENTIRE AGREEMENTo�her thanOtNTRA n emd herein; ndothis CONTRACT shall supersede all previous promises, terms, conditions or obligations communications,representations,or agreements,either verbal or written,between the parties. ARTICLE XV. COMPLIANCE WITH LAWS.erformance of this CONTRACT that the CONTRACTOR OR shall comply]with all and understood that in connection with the p applicable requirements regarding applicable Federal, State, City and other requirements of law, including, but not limited to, any pp CONTRACTOR prevailing wages,minimum wage,awrroanpltoethe CITYdthat aall tCONTRACTOR'S emlployees and/or agents who will be providing hereby certifies, represents products and/or services with respect to this ON charges essanad feeseand give all notices necessary and incident to the Odue shall d lawful its expense secure all permits and licenses,pay g prosecution of the work,and/or the products f services to be provided to determine CONTRACTOR'S compliance with have the provisions ions audit any records in to possession or control the of his section. In the event the CITY proceeds ost to the CCITY h CONTRACTOR shale ay any andlall ostsvas�sociated the it anyYsuch CONTRACTOR'S relevant records at no audit. The person signing THIS CONTRACT certifieTHIS CONTRACT on contractual the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CITY OF ELGIN CONTRACTOR Sean Stegall Name and Title City Manager FEIN NO. /�* 2 Fire Protective Turnout Clothing FTABULATION OF BIDS LGIN Bid: #12-014A Equipment Management Co Air One Equipment Inc Date of Opening: 05/01/12 22824 W.Winchester Drive FVV.S. Co FAJ"isFire ent Cc Dep artment: Fire 360 Production Drive 325 Spring Lake Drive asroadway Channahon IL 60410 South Elgin IL 60177 Itasca IL 60143 Alexis IL 61412 Unit Unit Description Price Unit Price E$1,779.00 rice E$1,P189.0o nit Coats and Pants rice $1,692.00 $1,650.00