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Home My WebLink About20-1014 Currie Motors -lb )4 CvYr�2 (•itcQY October 14, 2020 Agenda Bid Item: #1 — Suburban Purchasing Cooperative — 2020 Ford F-250 XL • Pickup ($36,608) • Signature needed by City Manager. • Return 1 copy to Rob Cagann. PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 14th day of October , 2020, 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 price, terms and conditions contained herein and as provided by Attachment A and the NWMC and Suburban Purchasing Cooperative Contract #178 ("JPA"), incorporated herein and made a part hereof 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 remainder 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 CURRIES compliance with the provisions of this section. In the event the City proceeds with such an audit, CURRIE shall make available to the City CURRIES 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, the terms and provisions of this purchase agreement shall supersede and control. In the event of any conflict between the terms and provisions of this agreement and the JPA, the terms and provisions of this agreement shall supersede and control. 11. PAYMENT. City shall pay $36,608 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 November 30,2020. 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 CURRIE'S sole expense. CURRIE MOTORS FRANKFORT, INC. CITY IN • Thomas F Sullivan Print Name Richard . ozal, City Mana 1114Z cat Atte • Signature Ci lerk CAM Title F:\Legal Dept\Agreement\Purchase Agreement-Curve Motors-10-5-20.docx 2 ATTACHMENT A Prepared for: , Elgin Fire 2021 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XLT (W2B) Price Level: 115 • fir # rir (� k Tyr�5 t � Y,aia e y Y � .n ,EI}t� ICJ i I - £� - .491,, r "v.f.. to.: e ' ,�s� r' 0_ L— try M J as Client Proposal Prepared by: THOMAS SULLIVAN Office: 815-464-9200 Date: 10/02/2020 C. - Currie Commercial Center 110125 W. Laraway, Frankfort, Illinois, 60423 c!//��uu�� Office: 815-464-9200 1 • • Prepared for: .� � Elgin Fire Prepared by:THOMAS SULLIVAN • 10/02/2020 • Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2021 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XLT (W2B) Price Level: 115 Major Equipment As Configured Vehicle MSRP(Based on selected options, shown at right) ,STANDARD VEHICLE PRICE $46,300.00 • 6.2L V-8 SOHC w/SMPI 385hp Exterior: Race Red Order Code 603A .. N/C TorqShift-G 6 speed automatic w/OD Interior: Medium Earth Gray Engine:6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included * Rear locking differential driver selectable. * 4-wheel ABS Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included * Brake assistance * Traction control . * LT 275/65R18 E BSW AS S-rated tires *• Battery with run down protection GVWR: 10,000 lb Payload Package. Included * Firm suspension * Advance Trac w/Roll Stability Control Tires: LT275/65Rx18E BSW A/S . .. . Included * Air conditioning * Tinted glass Wheels: 18"Sparkle Silver Painted Cast Aluminum. Included * SiriusXM AM/FM/Satellite with seek-scan, * Bluetooth streaming audio Cloth 40/20/40 Split Bench Seat Included external memory control * Daytime running • * Dual power remote heated mirrors 160"Wheelbase . . . STD * Variable intermittent wipers * 18 x 8 aluminum wheels Monotone Paint Application STD * Dual front airbags * Driver and front passenger seat mounted side airbags Radio:AM/FM Stereo/MP3 Player. . . Included * SecuriLock immobilizer * Tachometer SYNC 3 Communications&Entertainment System Included • . * Message Center * Underseat ducts * Reclining front split-bench seats * 60-40 folding rear split-bench 50-State Emissions System STD * Running boards * Audio control on steering wheel SiriusXM Radio Included * Class V hitch * Front axle capacity:6000 lbs. 110V/400W Outlet . Included * Rear axle capacity:6200 lbs. * Front spring rating:4800 lbs. Race Red ... N/C * Rear spring rating: 6340 lbs. * Frame section modulus: 10.7 cu.in. * Frame Yield Strength 50000 psi * Cab to axle: 39.9" Medium Earth Gray N/C • Electronic-Locking w/3.73 Axle Ratio .$390.00 Fuel Economy XLT Value Package.. .. .... $1,480.00 •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. 2 i way FrankfO�\t�rno�s\6°�23 W Sara cOmmerc\a\Center \10125 OR? Curve \ncluded Ure d vehicle �n�\uded XL1 ��ZB> AS COnAuto tJn�Ock \nc\uded Prepared for: �v``\vAN 160„ Nye SRW Auto�ocW Fog t amps \nc\uded \re TNOMAS Cab�j 5, boy, Na\o9en Seat Prepared by. a Power priver s kncwded 1010212020 02j2 v- 4x4 so Crew s w yrse Sens\n9 Systea Key`ess Entry Keypad $g5,0 0 2021 F�250 5 N� Reverse r�Code�r\Ver s S\ $2�p.0 price eve\ eCit Seca piternator $445•p0 Ma.�r E ui m 240 AmP AN Battery 10.00 ga City Uua`7a Wing Boards g,48,9 NIA p\a °rm Run `�A 6g5.00 • SUg�C�A` a q,50,6p5.DU Dest\nat\on Char9 t01PL a�adabl\�\Y to because o\sPeo�a\\oca\Pr\c�n9• and opC�on Pr\c�ng n`aY vary(ron� this esuma 3 \base.Veh\c\e.Package e\rea1ed as es eamosoc�y(en\��ormaron. change and sou\e sa\esPerson tor are suble0i to m.Se \avoaam asti he dea\er s c°m9u\er sYste pr\ces and cO�S�ments net tepee or Pr\c ng adl • Prepared for: • � ..� Elgin Fire Prepared by:THOMAS SULLIVAN • 10/02/2020 • Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 - 2021 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XLT (W2B) Price Level: 115 • As Configured Vehicle Code Description MSRP Base Vehicle W2B • Base Vehicle Price (W2B) $46,300.00 Packages 603A Order Code 603A • N/C Includes: • -Engine:6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel -Transmission:TorqShift-G 6-Spd Auto w/SelectShift -GVWR:10,000 lb Payload Package -Tires:LT275/65Rx18E BSW A/S Spare may not be the same as road tire. -Wheels:18"Sparkle Silver Painted Cast Aluminum Includes bright hub covers/center ornaments. -Cloth 40/20/40 Split Bench Seat Includes 20%locking center under-seat storage,center armrest,cupholder,storage,2-way adjustable driver/passenger headrests and driver's side manual lumbar. -Radio:AM/FM Stereo/MP3 Player Includes 7 speakers. -SiriusXM Radio • Includes a 6-month prepaid subscription and 1 I/P mounted center speaker.Services are not . available in Alaska and Hawaii.SiriusXM audio and data services each require a subscription sold separately or as a package by SiriusXM Radio Inc.If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then-current rates.Fees and taxes apply. To cancel you must call SiriusXM at 1-866-635-2349.See SiriusXM customer agreement for complete terms • • at www.siriusxm.com.All fees and programming subject to change.SiriusXM and all related marks and logos are trademarks of SiriusXM Radio Inc. -SYNC 3 Communications&Entertainment System Includes enhanced voice recognition,8"LCD capacitive touch screen in center stack with swipe capability,pinch-to-zoom capability included with available voice-activated touchscreen navigation system,4.2"productivity screen in IP cluster,AppLink,911 Assist,Apple CarPlay and Android Auto capability and 2 smart charging USB-C ports. Powertrain • 996 Engine: 6.2L 2-Valve SOHC EFI NA Included • V8 Flex-Fuel 44S Transmission: TorqShift-G 6-Spd Included Auto w/SelectShift X3E Electronic-Locking w/3.73 Axle Ratio $390.00 STDGV GVWR: 10,000 lb Payload Package Included Wheels & Tires • • TCH Tires: LT275/65Rx18E BSW A/S Included Spare may not be the same as road tire. 648 Wheels: 18" Sparkle Silver Painted Included Cast Aluminum Includes bright hub covers/center ornaments. 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. 4 • Prepared for: • (5;) Elgin Fire Prepared by:THOMAS SULLIVAN 10/02/2020 Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2021 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XLT (W2B) Price Level: 115 As Configured Vehicle (cont'd) Code •Description MSRP Seats & Seat Trim 3 Cloth 40/20/40 Split Bench Seat Included Includes 20%locking center under-seat storage,center armrest,cupholder,storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar. Other Options 160WB 160"Wheelbase STD 17V XLT Value Package $1,480.00 Includes rear under-seat storage. Includes: -Autolock/Auto Unlock -Halogen Fog Lamps -8-Way Power Driver's Seat -Reverse Sensing System -SecuriCode Driver's Side Keyless Entry Keypad 86M Dual 78 AH Battery • $210.00 67E 240 Amp Alternator $85.00 18B . • Platform Running Boards $445.00 595 • Halogen Fog Lamps Included PAINT Monotone Paint Application STD 76R Reverse Sensing System Included 585 . Radio:AM/FM Stereo/MP3 Player Included Includes 7 speakers. Includes: -SiriusXM Radio • Includes a 6-month prepaid subscription and 1 I/P mounted center speaker.Services are not available in Alaska and Hawaii.SiriusXM audio and data services each require a subscription sold separately or as a package by SiriusXM Radio Inc.If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then-current rates.Fees and taxes apply. To cancel you must call SiriusXM at 1-866-635-2349.See SiriusXM customer agreement for complete terms at www.siriusxm.com.All fees and programming subject to change.SiriusXM and all related marks and logos are trademarks of SiriusXM Radio Inc. -SYNC 3 Communications&Entertainment System Includes enhanced voice recognition,8"LCD capacitive touch screen in center stack with swipe capability,pinch-to-zoom capability included with available voice-activated touchscreen navigation system,4.2"productivity screen in IP cluster,AppLink,911 Assist,Apple CarPlay and Android Auto capability and 2 smart charging USB-C ports. -110V/400W Outlet Includes 1 in-dash mounted outlet. • Emissions • 425 50-State Emissions System STD 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. 5 Prepared for: Elgin Fire Prepared by: THOMAS SULLIVAN 10/02/2020 Currie Commercial Center i 10125 W.Laraway Frankfort Illinois 160423 2021 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XLT (W2B) Price Level: 115 As Configured Vehicle (cont'd) Code Description MSRP 3S_01 Medium Earth Gray N/C Primary Colors PQ_01 Race Red N/C Upfit Options P-01 Municpal Plates/Title-Shipped $203.00 D-001 Delivery $175.00 SUBTOTAL $49,288.00 Destination Charge $1,695.00 TOTAL $50,983.00 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. 6 • Prepared for: ( ..,] Elgin Fire Prepared by:THOMAS SULLIVAN 10/02/2020 Currie Commercial Center 110125 W.Laraway Frankfort Illinois 160423 • 2021 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XLT (W2B) Price Level: 115 • Pricing Summary - Single Vehicle MSRP Vehicle Pricing Base Vehicle Price $46,300.00 Options& Colors • $2,610.00 Upfitting $378.00 Destination Charge $1,695.00 Discount.Adjustments • Discount -$14,375.00 • Total $36,608.00 • Customer Signature Acceptance Date Pricing Reflects the pricing thru the NWMC and SPC Contract# 178 • • • 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. 7