The URL can be used to link to this page

Home My WebLink About21-0825 BCR Automotive Group o gas August 25, 2021 Agenda Bid Item: #5 —Joint Purchasing Cooperative — 2021 Fleet Purchases ($998,822) PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this_25thday of . August ,2021, by and between the City of Elgin,Illinois, a municipal corporation(hereinafter referred to as "City") and BCR Automotive Group, LLC, an Illinois limited liability company, (hereinafter referred to as "BCR" 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: l. PURCHASE. City shall purchase,and BCR 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 Contracts as specified below ("SPC"),and incorporated herein and made a part hereof by reference. CONTRACT# QUANTITY MAKE AND BODY STYLE PRICE EACH TOTAL AND MODEL OF TRUCK NO. VEHICLE 187 3 Ford F 150 Super Cab 4X4 $30,620.00 $ 91,860.00 _ / #927,48,49 6.5' Box �l 187 1 Ford F150 Reg.Cab 4X4 $31,343.00 $ 31,343.00 #308 8'Box J 187 1 Ford F 150 Super Crew 4X4 $34,071.00 $ 34,071.00 #875 ? 6.5'Box 180 1 Ford F350 Super Cab 4X4 $36,312.00 $ 36,312.00 #53 Oxford White 6'/4' Box 180 1 Ford F350 Reg.Cab 4X4 $42,950.00 $ 42,950.00 #984 Oxford White 8'Box V- 180 2 Ford F350 Reg.Cab 4X4 $36,430.00 $ 72,860.00 #900,907 Oxford White 8'Box _ 180 1 Ford F350 Super Cab 4X4 $42,487.00 $ 42,487.00 #211 Oxford White 6%'Box 180 1 Ford F350 Super Cab 4X4 $46,725.00 $ 46,725.00 #11 Oxford White 6'/<' Box J _ _ 180 1 Ford F350 Super Cab 4X4 $44,623.00 $ 44,623.00 9910 Oxford White 6 3/4'Box TOTAL $443 23I.00 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. BCR 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 BCR agrees that service by first class U.S. mail to HSK Agent Services, Inc., 2610 Lake Cook Rd., Suite 200, Riverwoods, Illinois 60015 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. BCR 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. SEVERADILITY. The terns 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, BCR 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,BCR hereby certifies, represents and warrants to the City that all of BCR'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. BCR 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 BCR to determine BCR's compliance with the provisions of this section. In the event the City proceeds with such an audit, BCR shall make available to the City BCR'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 parry to this agreement shall raise the use of fax machine or e- 2 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 supersede and control. In the event of any conflict between the terms and provisions ofthis agreement or Attachment A and the SPC, the terms and provisions of this agreement or Attachment A shall supersede and control. 11. PAYMENT. City shall pay the total sum of$443,231 pursuant to Attachment A within thirty (30)days of delivery or city's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 12. DELIVERY. BCR shall complete delivery of all goods on or before December 31,2021. 13. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential,special or punitive damages,or any damages resulting from loss of profit. 14. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at BCR's sole expense. BCR AUTOMOTIVE GROUP,LLC 'IN Print Name Richard G. K al, City Manager I-'"' __. Attest: Signature City le C c`m��.�tctr¢L /.jUu�r1 t"h�i$C�A Title FALegal Qept%Agreement\Purchase Agreement-BCR Auto-2022 Ford F150&F350 Trucks 7-27-21.docx 3