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Home My WebLink About20-38 Resolution No. 20-38 RESOLUTION AUTHORIZING ACCEPTANCE OF FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION, INC. GRANT AND AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH CREATURE CRAFT, INC. FOR THE PURCHASE OF A WATERWOG TYPE 3 DAM ENTRY WATER RESCUE CRAFT 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 the City of Elgin, Illinois hereby accepts the Firehouse Subs Public Safety Foundation, Inc. grant in the amount of$18,890 for the purchase of a Waterwog Type 3 rescue boat, motor and training; 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 Creature Craft, Inc., for the purchase of a waterwog type 3 dam entry water rescue craft, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 26, 2020 Adopted: March 26, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • foiRea4 ' ; i 0.- .46 Firehouse Subs Public Safety Foundation, Inc. 12735 Gran Bay Pkwy..Suite 150.Jacksonville,Florida 32258 MEMO OF UNDERSTANDING- FUNDING AGREEMENT February 7,2020 Failure to adhere to the requirements of this Funding Agreement will jeopardize your grant award. All purchases must match the quantities and equipment approved in the original grant request and approved quote. Firehouse Subs Public Safety Foundation Responsibilities • Firehouse Subs Public Safety Foundation will award a check to Elgin Fire Department, Elgin,IL for $18,890.00 to be used toward the direct purchase of One Waterwog 3 Rescue Boat, Motor& Training. Elgin Fire Department Responsibilities 1. A check will be remitted to the organization name as stated in this memo of understanding and must match the EIN number submitted on the grant request. If there is a change in either information, you must submit a W-9 2. If the mailing address where the check needs to be sent differs from the address on the submitted grant application,please email the Foundation with the correct mailing address 3. Confirm Receipt of Check by emailing procurementfoundation(kfirehousesubs.com 4. Purchase the approved equipment on#Elgin03, dated 1.21.20, from Creature Craft NOTE: $14,910.40 toward the purchase of the Waterwog 3 has been budgeted by City of Elgin. 5. Verify Purchase by providing Firehouse Subs Public Safety Foundation with one of the following: o Copies of paid invoices, verifying your organization's name as the customer and matching the vendor quote(s) OR o A copy of the cleared check(s), verifying the payee and payment amount matches the vendor quote(s) 6. Confirm Receipt of Equipment by providing Firehouse Subs Public Safety Foundation with ALL SIGNED and DATED packing slips 7. In the event that the purchased equipment costs less than the dollar amount awarded,all excess funds must be returned to Firehouse Subs Public Safety Foundation o Email procurementfoundation@firehousesubs.com with notification of excess funds within 30 days of purchase o Return Excess Funds to Firehouse Subs Public Safety Foundation within 90 days of purchase to Attention: Gina Brown, 12735 Gran Bay Parkway, Suite 150, Jacksonville, FL 32258 8. If purchases exceed funding, Elgin Fire Department is responsible for the additional amount VERY IMPORTANT: Deadline for submitted documentation is April 30, 2020. Fireh " :?public Safety Foundation Date Elgin F_ise-Department Representative Date Elgin Fire Department Representative Name(Print) Date PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 18th day of March,2020,by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Creature Craft,Inc.,a Colorado corporation(hereinafter referred to as"Creature"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. PURCHASE. City shall purchase,and Creature shall sell the goods and/or services described by Attachment A.attached hereto and made a part hereof 2. 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. Creature 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 Creature agrees that service by first class U.S. mail to Creature Craft, c/o Darren Vancil, 1496 F25 Rd, Delta, CO, 81416 shall constitute effective service. Both parties hereto waive any rights to a jury. 3. NO MODIFICATION. There shall be no modification of this agreement,except in writing and executed with the same formalities as the original. 4. 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. 5. INTEREST. Creature hereby waives any and all claims or rights to interest on money claimed to he 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.el.seq.),as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 6. 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. 7. 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,Creature 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,Creature hereby certifies,represents and warrants to the City that all of Creature'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. Creature 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 Creature to determine Creature's compliance with the provisions of this section. In the event the City proceeds with such an audit,Creature shall make available to the City Creatures relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. 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 he 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 tarm. 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. 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. 10. PAYMENT. City shall pay the total sum of$14,910.49 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. II. DELIVERY. Creature shall complete delivery of all goods on or before August 1.2020. 12. 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. 13. 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 Creature's sole expense. CREATURE CRAFT.INC. CITY =. TIN • � r Print Name R c a . G. o . ,City ' a er G 4.2,Z,---al r // '� ! Attes rg ature f' City IV: Title FALegal Dept`Agreement A Creature Craft-Purchase Agr-Wa r%%o 3.5-20.docx ATTACHMENT A oo• Creature Craft , N Invoice J' Darren Vancil GOO 1496 F25 Rd 1 Date -I-- Invoice# Delta. CO 81416 1/21/2020 Elgin03 970-270-7773 Bill To ,City of algin Lire Department Attn Michael Pr yhylski P.O. No. N/A Quantity Description Rate Amount 1A atentog Ty-pe 3 Rescue Craft includes drop stitch hull reinforced 20,550.00 20,550.00 with Kcvlar 49 and fully encapsulated with epoxy urethane. transonic mount with seats.2 paddles,2 throw bags,2 sea anchors, pressure gauge.2 rescue tethers,perimeter line,top off blower,all necessary straps,Full wrap epoxy urethane,Department name. I OODG(1,-20"Prop-tiller-electric-graphite-pin r 1%£/trim. t 7,395.00 7,395.00 Estimated shipping cost of 375.00. Prop kit 207.00 1 207.00 (14"Prop Guard/Safety red 253.49 253.49 Delivery of boat 820.00 820.00 Estimated shipping cost of motor 375.00 375.00 Training of equipment and use.Three trainers for 3 days atcusu.nner 4,200.00 4,200.00 }location. Firehouse Subs Grant -18,890.00 1 -18,890.00 ` '� This estimate is void in 180 days. . k tY' Total $f4i910„49 Terms Payments/Credits $0.00 Net 60 Balance Due 514,910.49 Firehouse Subs Public Safety Foundation, Inc. 12735 Gran Bay Pkwy..Suite 150,Jacksonville,Florida 32258 MEMO OF UNDERSTANDING- FUNDING AGREEMENT February 7,2020 Failure to adhere to the requirements of this Funding Agreement will jeopardize your grant award. All purchases must match the quantities and equipment approved in the original grant request and approved quote. Firehouse Subs Public Safety Foundation Responsibilities • Firehouse Subs Public Safety Foundation will award a check to Elgin Fire Department, Elgin, IL for $18,890.00 to be used toward the direct purchase of One Waterwog 3 Rescue Boat,Motor& Training. Elgin Fire Department Responsibilities I. A check will be remitted to the organization name as stated in this memo of understanding and must match the EIN number submitted on the grant request. If there is a change in either information, you must submit a W-9 2. If the mailing address where the check needs to be sent differs from the address on the submitted grant application, please email the Foundation with the correct mailing address 3. Confirm Receipt of Check by emailing procurementfoundation(a firehousesubs.com 4. Purchase the approved equipment on#Elgin03, dated 1.21.20, from Creature Craft NOTE: $14,910.40 toward the purchase of the Waterwog 3 has been budgeted by City of Elgin. 5. Verify Purchase by providing Firehouse Subs Public Safety Foundation with one of the following: o Copies of paid invoices, verifying your organization's name as the customer and matching the vendor quote(s) OR c A copy of the cleared check(s), verifying the payee and payment amount matches the vendor quote(s) 6. Confirm Receipt of Equipment by providing Firehouse Subs Public Safety Foundation with ALL SIGNED and DATED packing slips 7. In the event that the purchased equipment costs less than the dollar amount awarded,all excess funds must be returned to Firehouse Subs Public Safety Foundation o Email procurementfoundation@firehousesubs.com firehousesubs.com with notification of excess funds within 30 days of purchase o Return Excess Funds to Firehouse Subs Public Safety Foundation within 90 days of purchase to Attention: Gina Brown, 12735 Gran I3ay Parkway, Suite 150, Jacksonville, FL 32258 8. If purchases exceed funding, Elgin Fire Department is responsible for the additional amount VERY IMPORTANT: Deadline for submitted documentation is April 30, 2020. Fireh - " .: 'ublic Safety FoundationDate `, 73, Elgin F epartment Representative Date Elgin Fire Department Re resentative Name(Print) Date