HomeMy WebLinkAbout20-0513 Landmark Ford �- os ►3
May 13, 2020 Agenda
Bid Item: #5 — State Contract Purchase — Parks and Recreation
Department Vehicle ($34,487)
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PURCHASE AGREEMENT FOR
15 Passenger Van
THIS AGREEMENT is hereby made and entered into this 13th day of Mily 2020 by
and between the City of Elgin,a municipal corporation(herein referred to as.`'City") d Landmark
Ford, Inc., a Delaware corporation; (herein referred to as "Landmark" or"Seller").
NOW THEREFORE, for and in consideration of the promises and covenants contai ed herein; the
sufficiency of which is hereby mutually acknowledged, the parties hereto agree as [lows:
1. PURCHASE. ha
City shall purchase, and Landmark shall sell the goods described by
Attachment A, attached hereto and made a part hereof.
2. TERMS. This agreement shall be subject to the price; terms and Condit ns contained
herein; as provided by Attachment A; and as provided by a joint purchase agreement
through State of Illinois Contract No. PSD#4018492, incorporated hereiii by reference
(hereinafter referred to as the "JPA").
3. LAWNENUE. This agreement is subject to and governed by the laws f 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. Landmark 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 agreemen or the subject
matter hereof; and Landmark agrees that service by first class U.S. mail to L dmark, 2401
Prairie Crossing Drive, Springfield; Illinois 62711 shall constitute effective service. Both
parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this agreement, a cept 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,l and this
agreement shall supersede all previous communications, representations; or agreements,
either verbal, written, or implied between the parties hereto.
6. INTEREST. Landmark 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 r ghts to interest
to which it may be 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 ILLS 205/1, et.seq.) as amended. The provisions
of this paragraph shall survive any expiration, completion; and/or terrr ination of this
agreement.
7. SEVERABILITY. The terms of this agreement shall be severable. In the e nt any of the
terms or provisions of this agreement are deemed to be void or otherwise inentorceable
for any reason, the remainder of this agreement shall remain in full force and effect.
8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this a regiment, it is
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expressly agreed and understood that in connection with the performance of t its agreement,
Landmark shall comply with all applicable federal, state, city and other rcjquirements of
law, including, but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety, and legal status of employees. Witholht limiting the
foregoing, Landmark hereby certifies, represents, and warrants to the C ty that all of
Landmark's employees and/or agents who will be providing products and/o services with
respect to this agreement shall be legally authorized to work in the United States.
Landmark 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 agree gent. The City
shall have the right to audit any records in the possession or control o� Landmark to
determine Landmark's compliance with the provisions of this section. In tht event the City
proceeds with such an audit, Landmark shall make available to the City, Landmark's
relevant records at no cost to the City. City shall pay any and all costs asso iated with any
such audit.
9. EXECUTION. This agreement may be executed in counterparts, each of wl ich 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 y faxi 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 -mail shall be
considered for these purposes as an original signature and shall have the se legal effect
as an original signature. Any such faxed or e-mailed copy of this agre menu 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 the parties in
an original form. No party to this agreement shall raise the use of fax mach ne orle-mail as
a defense to this agreement and shall forever waive such defense.
10. CONFLICT. In the event of any conflict between any of the terms and pr visi I s of this
purchase agreement and Attaclunent A hereto, the terms and provisions c f this Ipurchase
agreement shall control. In the event of any conflict between the terms ajid provision of
this agreement and the State of Illinois, the terms and provisions of his Egreement shall
control.
11. PAYMENT. City shall pay the total sum of S34.487.00 pursuant to AttactmentiA, within
thirty (30) days of delivery or city's receipt of invoice, whichever is Pater. The
aforementioned total sum is inclusive of all freight, shipping, and applicab e taxes.
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12. DELIVERY. Landmark shall complete delivery of all goods on or befor December 31,
2020.
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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 eveni shalll City be
liable for any consequential, special or punitive damages, or any damages lesulting from
loss of profit.
14. TRANSFER OF TITLE RISK. Transfer of title and risk of loss shall pass to the Gity upon
delivery of the goods. All transportation and delivery shall be at Landmark's sole expense.
15. INDEMNIFICATION. To the fullest extent permitted by law, Landmark agrees to and
shall indemnify, defend and hold harmless the City, its officers, employe s, 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 ot through
or alleged to arise out of any acts or negligent acts or omissions of Landmark or Landmark's
officers; employees, agents or subcontractors in the performance of tis agreement,
including but not limited to; all goods delivered or services or work perfor ed 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 iarmless, such
action shall be defended by legal counsel of the City's choosing.
The person signing THIS CONTRACT certifies that s/he has been authorized by the
CONTRACTOR to commit the CONTRACTOR 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 y ar first above
written.
C RACTOR: Landmark Ford, Inc. IT GIN '
(ez",
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Name Kozal, it ariag
Title FIee+, It IQY1 -t (�
FEIN NO. 37-0986301 Ate
i
ity Clerk
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ATTACHMENT A
Quote
Landmark Ford Inc. DATE: April 13, 020
You Always Do Better At Landmark
2401 Prairie Crossing Drive
Springfield, IL.62711 Quote For: CITY O ELGIN PUBLIC WORKS
Phone: 217 862 5253
Fax:217 862 5316
2020 TRANSIT T-350 15 PASS VAN $ 29,388.00
BACKUP ALARM $ 125.00
MED ROOF OPTION $ 3,704.00
RUNNING BOARDS _ __ !_!j $ 310.00
DELIVERY ONE UNIT { $ 275.00
AM/FM/SYNC {� $ f� 410.00
LIC+TITLE& M-PLATE $ ; 175.00
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{
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EXTERIOR: OXFORD WHITE 1 NC
INTERIOR: CLOTH EBONY _ _ $ 100.00
sub total $. 34;487:00'
Make all checks payable to Landmark Ford Inc.If you have any OTHER
questions concerning this quote,contact Steve DeckerPh 217 862-5253 e-mail i
steve.decker@landmarkauto.com TOTAL $ -. , .;34;487:00:
THANK YOU FOR YOUR BUSINESS
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