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14-163 Resolution No. 14-163 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TODAY'S UNIFORM, INC. FOR FIRE DEPARTMENT UNIFORMS 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 Today's Uniform, Inc. for Fire Department uniforms, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2014 Adopted: November 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR Proposal Number: 14-047 for: Uniforms for Fire Department This Agreement is made and entered into this 19 day of November , 2014 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and Today's Uniform, Inc, incorporated in the state of Illinois and having a principal place of business at 12 Tyler Creek Plaza, Elgin. IL 60123 ("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 (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. SCOPE OF WORK. The CONTRACTOR shall provide the goods or services described in the RFP, and the terms contained therein. The price shall be as shown in Attachment A, attached hereto and made a part of ARTICLE III. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed contract from the City of Elgin. Term of THIS CONTRACT shall be for two years with a one year renewal option. 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, to Penny Keck. Owner, Today's Uniforms Inc. 12 Tyler Creek Plaza Elgin IL 60123 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. 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 VENDOR 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, VENDOR hereby certifies, represents and warrants to the CITY that all VENDOR'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. VENDOR 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 VENDOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the VENDOR shall make available to the CITY the VENDOR'S relevant records at no cost to the CITY. VENDOR shall pay any and all costs associated with any such audit. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document.The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature.Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document.At the request of either party any fax or e-mail copy of this agreement shalt be re-executed by the parties in an original form_ No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. Without limiting the foregoing,VENDOR hereby certifies,represents and warrants to the CITY that all CONTRACTORS employees and/or agents located in the United States,who will be providing products and/or services with respect to this CONTRACT,shall be legal residents of the United States. This agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document.The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature.Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form_No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense_ The person signing THIS CONTRACT certifies that s/he has been authorized by the VENDOR to commit the VENDOR 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. C T CITY ,Ooze/ �f►" • ame od litle S4)&-Stegall OF CW Manager FEIN NO 31-00688 ATTACHMENT A Today's Uniforms Invitation No: 14-047 Uniforms for Fire Dept 12 Tyler Creek Plaza Date of Opening: 10/20/14 Elgin, IL 60123 Department: Fire Description Amount Group 1 Work Shirts Dress Uniform Shirt Style Elbeco 310 & 313 $ 35.95 Flying Cross 35W7800/7845 No Price Blauer 8670 No Price Blauer 8675 No Price Work Shirt - Administrative Staff Elbeco 580 $ 43.95 Elbeco 5580 $ 41.95 Flying Cross 45W6600 No Price Flying Cross 95R6600 No Price Blauer 8900 & 8910 No Price Work Shirt Lieutants Elbeco P867 $ 29.95 Elbeco P877 $ 32.95 Flying Cross 15W5400 No Price Flying Cross 85R5400 No Price Blauer 8421 No Price Blauer 8431 No Price Lions 1271-10 No Price Lions 1571-10 No Price Embroidery $ 7.00 Work Shirts- Captains and Battalion Chiefs Elbeco P867 $ 29.95 Elbeco P877 $ 32.95 Flying Cross 15W5400 No Price Flying Cross 85R5400 No Price Blauer 8421 No Price Blauer 8431 No Price Lions 1271-10 No Price Lions 1571-10 No Price Embroidery $ 7.00 Group 1 Pants, Skirts & Shorts 1] ATTACHMENT A Today's Uniforms Invitation No: 14-047 Uniforms for Fire Dept 12 Tyler Creek Plaza Date of Opening: 10/20/14 Elgin, IL 60123 Department: Fire Description Amount Dress Uniform Trousers Elbeco E8950RN $ 35.95 Elbeco E8945LC $ 35.95 Fechheimer 38200 No Price Blauer 8650 No Price Work Trousers- Administrative Staff Elbeco E1360R $ 59.95 Fechheimer 47280 No Price Blauer 8560 No Price Fechheimer 47290 No Price Work Trousers-Line Personnel Elbeco E814 $ 45.95 Elbeco E9814LC $ 45.95 Fechheimer 48200 No Price Fechheimer 47400 No Price Fechheimer 48250 No Price Blauer 8821X No Price Work Trousers Cargo Style-Line Personnel Elbeco E614 $ 49.95 Elbeco E9614LCN $ 49.95 Fechheimer 48600 No Price Blauer 8828 No Price Skirts Fecheimer 38033 No Price Work Shorts Cargo Style- Line Personnel Elbeco E714N $ 39.95 Elbeco E97141 CN $ 39.95 Blauer 8840X No Price Fechheimer 47330 No Price Fechheimer 47330WT No Price Shorts- Line Personnel 2] ATTACHMENT A Today's Uniforms Invitation No: 14-047 Uniforms for Fire Dept 12 Tyler Creek Plaza Date of Opening: 10/20/14 Elgin, IL 60123 Department: Fire Description Amount Sportek T110 $ 11.95 Embroidery $ 5.00 Group One Belts & Ties Trouser Belt Boston 6505 $ 19.95 Dutyman 1511 T $ 17.95 Uniform Tie Samuel Broome 90156 No Price Wolfmark 001-180-060 $ 6.00 Wolfmark 001-1480-820 $ 6.00 Group 1 Dress Caps Dress Cap Firefighters Midway 114 $ 39.95 Keystone W2 No Price Dress Cap- Officers Midway 113 + $ 39.95 Keystone W2 No Price Dress Cap- Chief Officers Midway 113 + $ 69.95 Midway Flamed Visor 111 Group 2 Polo Shirts, Mock T's & Sweatshirts Polo Shirts- Firefighters 5.11 41060 $ 38.95 Flying Cross 7600 No Price Elbeco K6902 $ 39.95 Mock Turtlenecks Port Authority K321 $ 19.95 5.11 (Evaluated Equal) 72319 San Francisco Knitting (Evaluated Equal) 8103 3] ATTACHMENT A Today's Uniforms Invitation No: 14-047 Uniforms for Fire Dept 12 Tyler Creek Plaza Date of Opening: 10/20/14 Elgin, IL 60123 Department: Fire Description Amount Elbeco (Evaluated Equal) Sweatshirt (Job Shirt) 5.11 72321 $ 62.95 Group 2- Sweatpants Sweatpants Port & Company PC90P $ 19.95 Champion P2442 $ 19.95 Champion P23484 Group 2- Caps Ball Cap Flex-Fit $ 15.95 Sanmar C865 $ 15.95 Stocking Cap Sanmar CP90 $ 9.95 Blauer(Evaluated Equal) 125-NB Sportsman (Evaluated Equal) 83995 Group 2 Jackets Dress Blouse Coat Fechheimer 38804 No Price Overcoat Newport Harbor Domestic 261 MT $ 210.95 Newport Harbor Domestic 261 LT $ 210.95 Newport Harbor Imported 761 MT $ 180.95 Newport Harbor Imported 761 LT $ 180.95 EMS Jacket Gerber 11 SL $ 357.95 Parka Fechheimer 78140 No Price 5.11 48027 $ 210.95 4] ATTACHMENT A Today's Uniforms Invitation No: 14-047 Uniforms for Fire Dept 12 Tyler Creek Plaza Date of Opening: 10/20/14 Elgin, IL 60123 Department: Fire Description Amount Elbeco 3914 $ 156.95 Blauer 6120 No Price Group 3- Shoes & Boots Oxford Bates 942 $ 96.95 Bates E22233 $ 72.95 Station Shoe Converse C8175 $ 69.95 Thorogood 834-6028 $ 99.95 5.11 12032 RedBack Boots UBBK 6 Inch Boot Thorogood 834-6218 $ 82.95 Thorogood 804-6190 $ 92.95 5.11 12018 No Price 5.11 12025 No Price Bates (Evaluated Equal) 2346 5.11 (Evaluated Equal) 12019 8 Inch Boot Thorogood 834-6219 $ 86.95 Thorogood 804-7990 $ 99.95 Converse C8878 $ 99.95 5.11 (Evaluated Equal) 12001 5.11 (Evaluated Equal) 12026 Bates (Evaluated Equal) 2348 Total $ 517.70 5]