HomeMy WebLinkAbout18-0524 Rush Truck Center 12-o5tV
CITY OF ELGIN AGREEMENT FOR
State of Illinois Joint Purchase Cooperative for: 2018 International 7400 for Traffic Division
This Agreement is hereby made and entered into this 4 day of , 2018 by
and between the City of Elgin, a municipal corporation (herein referred to a City") and Rush
Truck Center, Springfield, an Illinois corporation, (herein referred to as "Rush" 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. City shall purchase, and Rush shall sell the goods described by Attachment A, attached
hereto and made a part hereof.
2. This agreement shall be subject to the terms and conditions contained herein and as
provided by Attachment A.
3. 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.
4. 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. Rush
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 Rush
agrees that service by first class U.S. mail to Rush Truck Center, Springfield, 3441 Gatlin
Drive, Springfield, IL 62707 shall constitute effective service.
5. There shall be no modification of this agreement, except in writing and executed with the
same formalities as the original.
6. 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.
7. Rush 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.
8. 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 remainder of this agreement shall remain in full force and effect.
9. Notwithstanding any other provision of this agreement it is expressly agreed and
understood that in connection with the performance of this agreement, Rush 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, Rush
hereby certifies, represents, and warrants to the City that all of Rush'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. Rush 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 agreement. The City shall have the right to audit any records in the
possession or control of Rush to determine Rush's compliance with the provisions of this
section. In the event the City proceeds with such an audit, Rush shall make available to the
City, Rush's relevant records at no cost to the City. City shall pay any and all costs
associated with any such audit.
10. City shall pay the total sum of$167,599 within thirty(30)days of delivery or City's receipt
of invoice, whichever is later. The aforementioned total sum is inclusive of all freight,
shipping and applicable taxes, which shall be at Rush's sole expense.
11. Rush shall complete delivery of all goods on or before October 1, 2018.
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 resulting from loss of profit.
RUSH
TRUCK CENTER, SPRINGFIELD CITY OF ELGIN
,!
'rin a 'e Richard G. Kozal
/ Jr City Manager
Signature
Attest:
City Clerk
Title
FEIN NO/A,- 32 3 04S''?
F..`Legal Dept`Agreement Purchase Agreement-Rush Truck Center-5-24-I8.docx