The URL can be used to link to this page

Home My WebLink About19-49 Resolution No. 19-49 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MCSCOT GOLF, INC. FOR THE HIGHLANDS GOLF COURSE DRIVING RANGE NETTING REPAIR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with McScot Golf, Inc. for the Highlands Golf Course driving range netting repair,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2019 Adopted: March 20, 2019 Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 20th day of March,2019,by and between the City of Elgin, Illinois, a municipal corporation(hereinafter referred to as "City") and McScot Golf, Inc.,an Illinois Corporation(hereinafter referred to as "McScot"or"Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The City shall purchase, and McScot shall sell to the City the goods and services for the repair and replacement of damaged driving range netting panels and cables at the City's Highlands of Elgin driving range as described in the McScot proposal dated February 22, 2019, attached hereto as Attachment A and made a part hereof. 2. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. McScot hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and McScot agrees that service by first class U.S. mail to McScot Golf, Inc. do Thomas McClurg, 9 Stony Point, Galena, IL 61036 shall constitute effective service. Both parties hereto waive any rights to a jury. 3. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 4. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 5. McScot hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this agreement. 6. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this agreement shall remain in full force and effect. 7. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, McScot 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, McScot hereby certifies, represents and warrants to the City that all of McScot's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. McScot 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 ..<.c\\\(/ the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of McScot, including, but not limited to federal I-9 forms to determine McScot's compliance with the provisions of this section regarding the lawful authorization of McScot's employees to work in the United States. In the event the City proceeds with such an audit,McScot shall make available to the City McScot's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. 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. 9. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto,the terms and provisions of this purchase agreement shall control. 10. City shall pay the total sum of$25,918.68, payable net thirty (30) days of delivery and performance and city's receipt of invoice as work progresses and as is billed in proportion to completed work. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 11. McScot shall complete all work, including but not limited to delivery and installation on or before April- ,2019. 12. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages,or any damages resulting from loss of profit. 13. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation,delivery and payment of any taxes on income shall be at McScot's sole expense. McSCOT GOLF,INC. C i =- GIN Print ame ' c I are G. Koza, ity Manag- Attes •_,,A,44 �a�/ /." 4 A Signature City Cler TLt e F:1L.ega1 DeptAgreementlPurchase Agreement-McScot Golf Inc-3-8-19.docx 2 ATTACHMENT A McScot Golf, Inc. February 22,2019 Jim Vogt,General Manager The Highlands Golf Course 850 Sportsway Elgin,IL 60120 RE:The Highlands Golf Course Driving Range Netting Repair Proposal Dear Jim: Per our conversation and site visit,we would recommend replacing nine(9)net panels damaged in the recent ice storm.Project will include remove all existing damaged net,repair/replace any damaged cable and hardware and supply and install nine(9)new net panels. The price breakdown for the above is as follows: Netting(9 panels) $16,346.18 Hardware and Cable $ 862.50 Labor,Equipment&Incidentals $ 8,700.00 Total $25,918.68 If you have any questions or need additional information,please contact me. Thank you. ty„,-"-- Sincerely, '' --."\N Thomas McClurg,President TBM:tm PO Box 6284*Galena,IL 61036'815-777-2397 i 407-808-1803*me co golf@aol.com