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Home My WebLink About21-0428 Reinders April 28., 2021 Agenda Bid Item: #5 —Purchase Agreement with Reinders for the purchase of a Groundmaster 7210 Polar Trac ($56,786) PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 28th day of April , 2021 by and between the City of Elgin, Illinois,a municipal corporation (hereinafter referred to as "City") and Reinders, Inc., a Wisconsin corporation, (hereinafter referred to as "REINDERS" 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 REINDERS 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 Omnia Grounds Maintenance Contract 2017025 ("JPA") with The Toro Company, 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. REINDERS 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 REINDERS agrees that service by first class U.S. mail to Reinders, Inc., W227N6225 Sussex Road Sussex, WI 53089 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. REINDERS 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, REINDERS 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,REINDERS hereby certifies, represents and warrants to the City that all of REINDERS'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. REINDERS 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 REINDERS to determine REINDERS'S compliance with the provisions of this section. In the event the City proceeds with such an audit, REINDERS shall make available to the City REINDERS'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 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 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 control. 11. PAYMENT. City shall pay the total sum of$56,785.64 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. REINDERS shall complete delivery of all goods on or before June 30,2021. 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 REINDERS' sole expense. 2 15. INDEMN1 FICATION. To the fullest extent permitted by law, REINDERS agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, 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 or through or alleged to arise out of any acts or negligent acts or omissions of REINDERS or REINDERS'S officers,employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed 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 harmless, such action shall be defended by legal counsel of the City's choosing. REINDERS, INC. CITY O�,ELGIN tz Print Na e Richard G. Kozal,tity Manager Signature Att st: Title Iffity Clerk FALegal DeptWgreementTurchase Agreement-Reinders-PolarTrac-3-10-21.docx 3 ATTACHMENT A Joel Baxter Territory Manager 911 Tower Road tiab(Isi Mundelein, IL 60060 �5 Cell (262)443-0363 Fax (847)678 $V -5511 ibaxter@ reinders.com Acct#: 359886 City Of Elgin Quote ID# Quotes Good 150 Dexter Court for 30 days Elgin IL 60120 Quote Date OMNIA# 2/17/2021 1131769 Attn: Greg Hulke ".rw„�."✓ ,TM 'f ,. u : r r, y ✓`°r" ?„ rx,t ,�ud a'! '';"^'a s'£,','.f°ti;'r'. 4,�,�..srr�Y , ��n,,�„�Compe#itJ.,etyr5olicited,�r�dkwarl�t+��TaYo Con�ry�#201702� � ,;�t;,��>� •��,�� ,,, .��,� a E a"'a°`F/ u" ; z a a?✓ P s„„ ,' r✓'Y+tC "a 7 r"9B{.//�' au "z, , .sr"" ud:.u b rr„rH x - w.... .> ,:,y wr�wr., Kos �' �F, t ,Pv,rrx:::z a z,+Frizvz .,r: s✓ � .;.,� ,�„�..,az� ✓re ,:u.urz,�iw ':r s'� >r,:�;M'�. .a„r a 4.,7i<r�rt 7 uz' Xr5 ✓ <. z '✓ s u, 1. zi' ^Yr<r ,c x f a: ' F Y a wh�"cn k ,,✓ <. a 5 l 4L l ,„M,od 1#1 ✓ °<Destrx ironra5 i a, „fin, `,.y IR TO G 3 y , u"'., ar FSrs,:. .,.' ay,4fP" d` 7, r ttM r,34aJt udar,. ,r',, EWf, fu; ";,, .3 Xu.:«n,tYf:"F; ,F;�^.,< r,f", .,,,k:�„a,&MU"":XY11"k.�;,✓'`wy..r 1 30695 Groundsmaster 7210 No Deck(T4) 1 30382 12V Power Port/Electrical Accessory Kit 1 30474 Polar Trac Cab 1 30675 Polar Trac Kit ;k Grammer Seat With Air Ride Suspension And Vinyl r 1 30511 Cushion 1 30374 Road Light Kit „ 1 31509 Rotating Beacon 1 30261 400 Hour MVP Filter Kit $44,961.17 MB Dozer Blade 60"for GM7200/360 series *Now 1 DZRBLADE 2 796.15 standard with Hyd.Swing. 2 108-5164 Replacement Tracks/Polar Trac 4,527.82 1 DPS21250 2.5 Cubic Foot Drop Spreader 1 MSC21380 Drop Spreader Control Kit 1 114-4096 Weight Kit(42 Lbs) 1 125-2670 Front Weight Bracket 4 500.50 Package Subtotal: $56,785.64 111211-11-40 ° � . , rocsal S' �mma,ry afndxAgre I am pleased to submit the attached proposal for your consideration This is a proposal on the goods named,subject to the following conditions: The prices and terms on this proposal are not subject to verbal changes or other agreements unless approved in writing by the seller. All proposals and agreements are contingent on availability of product from the manufacturer. Typographical errors are subject to correction. All prices quoted include delivery to your facility unless otherwise stated. Prices include assembly where applicable and accessibility to parts and service manuals. Timing at delivery may vary and is subject to manufacturer's availability. Purchaser is tax exempt,and all prices are inclusive of all freight,shipping and taxes. The City of Mesa,AZ has publicly solicited and awarded an agreement for Parks and Golf Grounds Maintenance Equipment to The Toro Company. This cooperative purchasing agreement(Contract#2017025) is available to public agencies and non-profit entities nationwide via Award Highlights o Cooperative purchasing contract o Publicly solicited and awarded RFP included public agency"piggy-backing" language • National aggregate pricing saves money ORDER ACCEPTANCE AGREEMENT By signing below, I am authorizing Reinders, Inc.to proceed with fulfilling the product order based on the quote I.D.#noted and that I have reviewed the quote in its entirety. Unless otherwise indicated I agree to accept delivery on the earliest date that this product can be shipped to our location(s). Any and all trades associated with this order will be ready for pick up at time of delivery of this order. A 2.5%service fee will apply for all credit card transactions. Quote I.D.# Accepted Equipment Delivery Date: ASAP Authorized Signature: Print Name: Date: Joel Baxter Territory Manager Reinders, Inc. o ;w Grounds & OMNIA Sports Turf PARTNERS NAT�PA U JT!mMI ILuMP s