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File #: 15-2285-0513    Name: Jount Purchasing Agreement for purchase of small tools
Type: Action Item Status: Passed
File created: 4/29/2015 In control: Board of Commissioners
On agenda: 5/13/2015 Final action: 5/13/2015
Title: AUTHORITY TO PARTICIPATE IN CITY OF CHICAGO CONTRACTS 28295 AND 28296 FOR THE SUPPLY AND DELIVERY OF SMALL TOOLS AND INDUSTRIAL TOOLS WITH ROOT BROTHERS MANUFACTURING & SUPPLY COMPANY AND MSC INDUSTRIAL DIRECT COMPANY, INC.
Sponsors: Cultural and Natural Resources
Indexes: Joint Purchasing Agreement
Title
AUTHORITY TO PARTICIPATE IN CITY OF CHICAGO CONTRACTS 28295 AND 28296 FOR THE SUPPLY AND DELIVERY OF SMALL TOOLS AND INDUSTRIAL TOOLS WITH ROOT BROTHERS MANUFACTURING & SUPPLY COMPANY AND MSC INDUSTRIAL DIRECT COMPANY, INC.
 
Body
To the Honorable Board of Commissioners of the Chicago Park District:
 
I. Recommendation
 
Pursuant to the Joint Purchasing Agreement between the Chicago Park District and the City of Chicago and the recommendation from the Director of Cultural and Natural Resources, the Director of Purchasing recommends that the General Superintendent and CEO or his designee enter into contracts with Root Brothers Manufacturing & Supply Company and MSC Industrial Direct Company, Inc. for the Supply and Delivery of Small Tools and Industrial Tools.  The contractors were selected pursuant to a publicly advertised City of Chicago Invitation for Bids.  No work may commence and no payment shall be made prior to the execution of a written agreement.
 
II. Award Information
 
Contractor:      Root Brothers Manufacturing & Supply Company
      10317 S. Michigan Ave.
      Chicago, Illinois  60628
                        
Company Type:      Illinois Business Corporation
 
Majority Interests:      David Root      52%
      Joan Root      16%
      Randall Root      16%
      Aaron Root        8%
      Garrett Root        8%
 
Contractor:      MSC Industrial Direct Co., Inc.
      75 Maxess Road
      Melville, New York 11747
                        
Company Type:      New York Business Corporation
 
Majority Interests:      Mitchell Jacobson      45.6%
      Marjorie Gershwind      12.9%
Erik Gershwind         7.9%
                              
Contract Period:      The initial term for the Root Brothers contract is June 10, 2013 to June 9, 2018.  
      
The initial term for the MSC contract is June 24, 2013 to June 23, 2018.
 
The City of Chicago's Chief Procurement Officer may extend both contracts for a period of no more than 181 days after expiration of the initial contract term or until new contracts are in place.
 
Authorized Amount:      $225,000.00 annually for the initial contract term.  Expenditures for purchases under any extension term will be authorized by an annual appropriation and subject to each year's budget.
 
Scope of Services:            To supply and deliver small tools and industrial tools to the Chicago Park District.
 
Affirmative Action Goals:      The City of Chicago has no Minority and Women Owned Participation goals for this contract.
 
Authorization:      Authorize the General Counsel to include other relevant terms and conditions in the written Agreement.  Authorize the General Superintendent to execute the Agreement and the Secretary to
attest as to the signing of the Agreement and keep an original copy of the agreement on file.
 
III. Budget and Financial Information
 
Budget Classification:       Operating
Fiscal Year:      2015
Source of Funds:      001.8450.8450.621020.01.01.01.00001
 
IV. Procurement Information
 
The City of Chicago ("City") publicly advertised Invitation for Bids ("IFB") Small Tools and Industrial Tools on September 26, 2012, and bids were due on December 12, 2012.  27 categories for the purchase of small tools and industrial tools were advertised: each category represented the catalog of a specific manufacturer.  Root Brothers was the lowest responsible and responsive bidder in 26 categories and MSC was the lowest responsible and responsive bidder in 1 categories.  At the time of advertisement, Section 2.1.4.12 of the IFB, "Participation by Other Local Government Agencies," which named the Chicago Park District as a local government agency that is eligible to participate in the agreement during the contract term.  The City executed both contracts in June 2013.  The Department of Purchasing submitted the request to participate in these City contracts on April 21, 2015 to the Chief Procurement Officer of the City and received her approval to participate in these contracts on April 22, 2015.  Accordingly, this request complies with the terms of the Joint Purchasing Agreement.  
 
V. Explanation
 
District-wide, the CPD maintains 8,100 acres of land, which include an urban forest of 250,000 tress, 5,000 acres of turf and 50 acres of floral beds, shrubs beds, two (2) world renowned conservatories, other landscaped areas, and countless other buildings.  The small and industrial tools that will be provided by the awardees are necessary for CPD personnel to maintain these facilities and resources and keep them in a safe, well maintained condition.  
 
The City of Chicago is a significantly larger economy than the Chicago Park District, and the pricing they receive is better than what the CPD would receive if it advertised its own solicitation for these services.  Therefore, it is in the best interest of the Chicago Park District to take advantage of the City's larger buying power and economy of scale by participating in the City of Chicago agreements with Root Brothers Manufacturing & Supply Company and MSC Industrial Direct Company, Inc. for the supply and delivery of small tools and industrial tools.
 
VI. General Conditions
1. Conflicts:  No agreement authorized herein shall be legally binding on the Chicago Park District if entered into in violation of the provisions of the Public Officer Prohibited Activities Act, 50 ILCS 105/0.01 et seq.
 
2. Ethics:  The Chicago Park District's Ethics Code, Chapter III of the Code of the Chicago Park District, shall be incorporated into and made part of all agreements authorized herein.
 
3. Contingent Liability:  Any agreement lawfully entered into for a period of more than one year shall be executory only for the amounts for which the Park District may become liable in succeeding fiscal years pursuant to Section 17(i) of the Chicago Park District Act, 70 ILCS 1505/17(i).  All agreements authorized herein shall contain a clause that any expenditure beyond the current fiscal year is subject to appropriation in the subsequent fiscal year budget.
 
4.  Economic Disclosure Statement ("EDS"):  Contractors have submitted a full and complete EDS prior to execution of the contract.