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Home My WebLink About19-0612 Currie Motors Frankfort Ig-0(:)r� PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 12th day of June 2019, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Currie Motors Frankfort, Inc., an Illinois corporation, (hereinafter referred to as "CURRIE" or"Seller"). NOW, THEREFORE, for and in consideration of the promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and CURRIE shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. TERMS. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, and Suburban Purchasing Cooperative Contract #150 ("SPC"), incorporated herein by reference. 3. LAW/VENUE. 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. CURRIE 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 CURRIE agrees that service by first class U.S. mail to Julie P. Sieracki, 8401 Roosevelt Road, Forest Park, Illinois 60130 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. 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. 6. INTEREST. CURRIE 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. 7. SEVERABILITY. 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. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, CURRIE 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, CURRIE hereby certifies, represents and warrants to the City that all of CURRIE'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. CURRIE 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 CURRIE to determine CURRIE'S compliance with the provisions of this section. In the event the City proceeds with such an audit, CURRIE shall make available to the City CURRIE'S relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. EXECUTION. 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. 10. CONFLICT. 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. In the event of any conflict between the terms and provisions of this agreement and the SPC,the terms and provisions of this agreement shall control. 11. PAYMENT. City shall pay the total sum of$26,410 pursuant to Attachment A 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. 12. DELIVERY. CURRIE shall complete delivery of all goods on or before August 31,2019. 13. LIMITATION OF DAMAGES. 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. 14. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at CURRIES sole expense. 2 CURRIE MOTORS FRANKFORT, INC. CITY • GIN TOM SULLIVAN -000(%,/ V Print Name Richard G. Kozal, City Manager Attest 1?i,461O Signature City erk COMMERCIAL ACCTS MANAGER Title F:\Legal Dept\Agreement\Purchase Agreement-Curve Motors-2019 Ford Transit Van-Meter Shop-3-27-19.docx 3 ATTACHMENT A Currie Commercial Center ( 'D�� 10125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 Customer Proposal Prepared for: Prepared by: THOMAS SULLIVAN City Of Elgin Office: 815-464-9200 Date: 04/10/2019 Vehicle: 2019 Transit-250 Base Low Roof Cargo Van 129.9"WB ,1r, a ________ r , -.00111164 d i'-: 1 b. Currie Commercial Center 2019 Transit-250, Low Roof Cargo Van _ 10125 W. Caraway, Frankfort, Illinois,60423 Low Roof Cargo Van 129.9"WB Base(R1Z) Office: 815-464-9200 Price Level:950 Maior Equipment Selected Options MSRP (Based on selected options, shown at right) STANDARD VEHICLE PRICE $34,085.00 3.7L V-6 DOHC w/SMPI 275hp Exterior:Oxford White Order Code 101A N/C 6 speed automatic w/OD Interior:Pewter Engine:3.7L Ti-VCT V6 Included * 4-wheel ABS * Brake assistance Transmission:6-Speed Automatic w/OD& * Traction control * LT 235/65R16 C BSW AS S-rated tires SelectShift Included * Battery with run down protection * Advance Trac w/Roll Stability Control 3.73 Axle Ratio Included * Air conditioning * Tinted glass * AM/FM stereo with seek-scan,auxiliary audio * Dual power remote mirrors GVWR:9,000 lbs Included input, external memory control Tires:235/65R16C AS BSW Included * Variable intermittent wipers * 16 x 7 steel wheels * Dual front airbags w/passenger cancel * Driver and front passenger seat mounted side Wheels: 16"Steel w/Black Center Hubcap Included airbags Pewter Vinyl Dual Bucket Seats Included * Airbag occupancy sensor * Tachometer * Message Center * Reclining front bucket seats Vinyl Front Bucket Seats Included * Steering-wheel mounted audio controls * Class III hitch Monotone Paint Application STD * Front axle capacity:4130 lbs. * Rear axle capacity:5515 lbs. 130"Wheelbase STD * Front spring rating:4130 lbs. * Rear spring rating: 5515 lbs. 4 Front Speakers Included Fuel Economy - - Oxford White N/C C I ty gr Hwy Pewter N/C N/A N/A Heavy-Duty Alternator $260.00 Dual Heavy-Duty Batteries $295.00 Long-Arm Power Mirrors $65.00 Trailer Brake Controller $230.00 Heavy-Duty Trailer Tow Package $485.00 Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. Prepared for:City Of Elgin By:THOMAS SULLIVAN Date:04/10/2019 2 Currie Commercial Center 2019 Transit-250, Low Roof Cargo Van 10125 W. Caraway, Frankfort, Illinois,60423 Low Roof Cargo Van 129.9"WB Base(R1Z) Q2 d Office:815 464-9200 Price Level:950 Tow/Haul Mode w/Trailering Wiring Provisions Included Frame Mounted Hitch Receiver Included Cruise Control w/Message Center $325.00 Back Up Alarm $125.00 Front&Rear Vinyl Floor Covering $245.00 2 Additional Keys(4 Total) $75.00 12V to 110V Power Inverter $100.00 High Capacity Upfitter Switches $85.00 Auxiliary Fuse Panel N/C Modified Vehicle Wiring System Included Radio:AM/FM Stereo w/Bluetooth $135.00 Vinyl Sun Visors Included Fixed Rear-Door Glass $75.00 SUBTOTAL $36,585.00 Destination Charge $1,495.00 TOTAL $38,080.00 Prices and content availability as shown are subject to change and should be treated as estirrates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current Information Prepared for:City Of Elgin By:THOMAS SULLIVAN Date:04/10/2019 3 Currie Commercial Center 2019 Transit-250, Low Roof Cargo Van 4111=40' 10125 W. Laraway,Frankfort, Illinois,60423 Low Roof Cargo Van 129.9"WB Base(R1Z) Office:815-464-9200 Price Level:950 Selected Options Code Description MSRP Base Vehicle R1Z Base Vehicle Price(R1Z) $34,085.00 Packages 101A Order Code 101A N/C Includes: -Engine:3.7L Ti-VCT V6 Includes SEC capability. -3.73 Axle Ratio -Transmission:6-Speed Automatic w/OD&SelectShift Includes auxiliary transmission oil cooler. -G VWR:9,000 lbs -Tires:235/65R16C AS BSW -Wheels:16"Steel wBlack Center Hubcap -Pewter Vinyl Dual Bucket Seats includes 2-way manual driver seat,2-way manual passenger seat and driver armrest. -Vinyl Front Bucket Seats Powertrain 99M Engine:3.7L Ti-VCT V6 Included Includes SEIC capability. Includes: -3.73 Axle Ratio 446 Transmission:6-Speed Automatic Included w/OD&SelectShift Includes auxiliary transmission oil cooler. X73 3.73 Axle Ratio Included STDGV GVWR:9,000 lbs Included Wheels&Tires STDTR Tires:235/65R16C AS BSW Included STDWL Wheels: 16"Steel w/Black Center Included Hubcap Seats &Seat Trim 21G Pewter Vinyl Dual Bucket Seats Included Includes 2-way manual driver seat,2-way manual passenger seat and driver armrest. V Vinyl Front Bucket Seats Included Other Options PAINT Monotone Paint Application STD 130WB 130"Wheelbase STD 63C Heavy-Duty Alternator $260.00 250 amp Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. Prepared for:City Of Elgin By:THOMAS SULLIVAN Date:04/10/2019 4 Currie Commercial Center 2019 Transit-250, Low Roof Cargo Van 67210125 W. Laraway,Frankfort, Illinois,60423 Low Roof Cargo Van 129.9"WB Base(R1Z) Office:815-464-9200 Price Level:950 Selected Options (cont'd) Code Description MSRP 63E Dual Heavy-Duty Batteries $295.00 70 amp-hr each.Includes absorbed glass mat_ 53KModified Vehicle Wiring System Included Includes modified vehicle connections for customized wiring harness provisions. 67C High Capacity Upfitter Switches $85.00 543 Long-Arm Power Mirrors $65.00 59B Tow/Haul Mode w/Trailering Wiring Included Provisions Includes trailer wiring harness to rear of vehicle for upfit, Trailer Sway Control(TSC),4/7 pin connector assembly and rear jumper.Note:This package does not include a Trailer Brake Controller(670).Additionally,if customer wants a trailer brake controller after initial purchase,it will have to be an aftermarket trailer brake controller and aftermarket wiring harness. 67D Trailer Brake Controller $230.00 17A Fixed Rear-Door Glass $75.00 86F 2 Additional Keys(4 Total) $75.00 Includes key fobs. 90C 12V to 110V Power Inverter $100.00 60C Cruise Control w/Message Center $325.00 Includes full trip computer and engine-hour meter. 87E Auxiliary Fuse Panel N/C Includes high spec interface connector. Includes: -Modified Vehicle Wiring System Includes modified vehicle connections for customized wiring harness provisions. 585 Radio:AM/FM Stereo w/Bluetooth $135.00 (29).Includes audio input jack,microphone and USB port. Includes: -4 Front Speakers No rear speakers. -Vinyl Sun Visors Includes illuminated vanity mirrors. 16E Front&Rear Vinyl Floor Covering $245.00 Includes wheel well liners and scuff plate kit. 53B Heavy-Duty Trailer Tow Package $485.00 Deletes rear recovery eye.Includes 4-pin/7-pin connector and relay system for backup/B+/running lights.Note:This package does not include a Trailer Brake Controller(67D).Additionally,if customer wants a trailer brake controller after initial purchase,it will have to be an aftermarket trailer brake controller and aftermarket wiring harness. Includes: -Tow/Haul Mode w/Trailering Wiring Provisions Includes trailer wiring harness to rear of vehicle for up fit, Trailer Sway Control(TSC),4/7 pin connector assembly and rear jumper.Note:This package does not include a Trailer Brake Controller(67D).Additionally,if customer wants a trailer brake controller after initial purchase,it will have to be an aftermarket trailer brake controller and aftermarket wiring harness. -Frame Mounted Hitch Receiver 43B Back Up Alarm $125.00 Interior Colors Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. Prepared for:City Of Elgin By:THOMAS SULLIVAN Date:04/10/2019 5 Currie Commercial Center 2019 Transit-250, Low Roof Cargo Van =' 10125 W. Laraway, Frankfort, Illinois,60423 Low Roof Cargo Van 129.9"WB Base(R1Z) Office:815-464-9200 Price Level:950 Selected Options (cont'd) Code Description MSRP VK_01 Pewter N/C Primary Colors YZ_01 Oxford White N/C Upfit Options D-001 Delivery $185.00 L-0011 4-Corner LED Strobes $895.00 P-01 Municpal Plates/Title-Shipped $203.00 SUBTOTAL $37,868.00 Destination Charge $1,495.00 TOTAL $39,363.00 Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. Prepared for:City Of Elgin By:THOMAS SULLIVAN Date:04/10/2019 6 Currie Commercial Center 2019 Transit-250, Low Roof Cargo Van 'I-[?'" 10125 W. Laraway, Frankfort, Illinois,60423 Low Roof Cargo Van 129.T WB Base(R1Z� Office: 815-464-9200 Price Level:95 Warranty - Standard Equipment & Specs Warranty Basic Distance 36,000 miles Months 36 months Powertrain Distance 60,000 miles Months 60 months Corrosion Perforation Distance Unlimited miles Months 60 months Roadside Assistance Distance 60,000 miles Months 60 months • Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. Prepared for:City Of Elgin By:THOMAS SULLIVAN Date:04!1012019 7 Currie Commercial Center 2019 Transit-250, Low Roof Cargo Van 10125 W. Laraway, Frankfort, Illinois,60423 Low Roof Cargo Van 129.9"WB Base(R1Z� Office:815-464-9200 Price Level:95 Pricing - Single Vehicle MSRP Vehicle Pricing Base Vehicle Price $34,085.00 Options&Colors $2,500.00 Upfitting $1,283.00 Destination Charge $1,495.00 Discount Adjustments Discount -$12,953.00 Total $26,410.00 Customer Signature Acceptance Date Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. Prepared for:City Of Elgin By:THOMAS SULLIVAN Date:04110/2019 8