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HomeMy WebLinkAbout21-5Resolution No. 21-5 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AMERICAN VAULT CORP. FOR SUPPLYING BURIAL VAULTS AT THE BLUFF CITY CEMETERY 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 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 an Agreement on behalf of the City of Elgin with American Vault Corp., for supplying burial vaults at the Bluff City Cemetery, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Ka tain David J. Kaptain, Mayor Presented: January 13, 2021 Adopted: January 13, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 13th day of January , 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and American Wilbert Vault Corp., an Illinois corporation, (hereinafter referred to as "Wilbert" 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 Wilbert shall sell the goods and/or services in an amount not to exceed those 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. All quoted prices are inclusive of all freight, shipping and applicable taxes. 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. Wilbert 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 Wilbert agrees that service by first class U.S. mail to David Reichle, 4415 W. Harrison Street, Suite 246, Hillside, Illinois 60162 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. INTEREST. Wilbert 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 50511, 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. 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, Wilbert 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, Wilbert hereby certifies, represents and warrants to the City that all of Wilbert'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. Wilbert 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 Wilbert to determine Wilbert's compliance with the provisions of this section. In the event the City proceeds with such an audit, Wilbert shall make available to the City Wilbert's 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 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. 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 supersede and control. 10. PAYMENT. City shall pay all invoices within thirty (30) days of delivery or city's receipt of invoice, whichever is later. 11. 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. 12. INDEMNIFICATION. To the fullest extent permitted by law, Wilbert 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 Wilbert or Wilbert'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. 13. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 14. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 15. LIMITATION OF ACTIONS. Wilbert shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against 2 the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after two (2) years from the date of this Agreement. 16. NO OTHER AGREEMENTS. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral, written or implied between the parties hereto regarding the subject matter hereof. This Agreement may only be altered or modified by written instrument signed by both parties. 17. NO WAIVER OF IlVILVIUNITIES OR RIGHTS. This agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or Wilbert and/or their officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the City and/or Wilbert and/or their respective officials, officers, employees and/or agents as a result of this agreement or any actions of the Parties pursuant to this agreement. 18. APPROPRIATION OF FUNDS. The fiscal year of the City is the 12 month period ending December 31. The obligations of the City under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year the term of this Agreement sufficient funds for the discharge of the City's obligations under the contract are not appropriated and authorized, then the Agreement shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the City for damages, penalties or other charges on account of such termination. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. AMERICAN WILBERT VAULT CORP. Title C Richard G. Kozal, City MaAager Attest: City Clerk F:\I.egal DepAAgreement awrican Wilbert Vault -Purchase Agr 1 I-18-20.docx 3 ATTACHMENT A CAA ,RICAN City of Elgin Bluff City Cemetery Mr. Greg Hulke 945 Bluff City Blvd. Elgin, Illinois 60162 Re: Request for Proposal Dear Mr. Hulke: American Wilbert Vault Corp 4415 W. Harrison St., Hillside, IL 60162 V 708.366.3210 j F 708.366.32811 TF 855.269,4523 America's foremost name in burial voults americanwilbert.eom VIA EMAIL ATTACHMENT November 13, 2020 American Wilbert Vault Corp. is pleased to submit a formal bid to the City of Elgin Bluff City Cemetery for the outer burial container (OBC) and related services business for the identified location. Within our response to the Request for Proposal (RFP) we will highlight our longstanding commitment to the funeral industry, our experience producing and servicing OBC's, and our highly competitive pricing. We offer product and service innovation and a collaborative approach with your cemetery management team. Taken in total we are confident American Wilbert Vault Corp offers the City of Elgin Bluff City Cemetery the best value today and into the future. We proudly represent the Wilbert brand in the targeted market. Wilbert is a highly respected brand throughout the industry and the leader among the OBC -suppliers serving Funeral Professionals across the country since 1880. Wilbert offers the largest supply network by far in North America with nearly 200 Wilbert Licensees. No other brand of burial vaults can match the high manufacturing and services standards enforced by Wilbert. Across the country Wilbert Licensees regularly interact with funeral homes and cemeteries to better understand their needs and goals. Providing quality OBC products and service is our core competency. Key elements to consider in our offer are: A. highest Quality Standards — Wilbert employs four Field Engineers to travel throughout the USA and Canada to visit licensee locations and review product quality, assist in developing production efficiency, and inspect service performance. This .process and grading system ensure the highest quality at the best price possible. B. Unparalleled Service Commitment — American Wilbert Vault Corp provides unparalleled graveside service. We are proud of our ability to set the graveside service no matter what the cemetery or weather conditions and stand next to the Funeral Professional at the grave while performing the installation in front of the family. C. Enhanced Profitability — Improving the quality of the OBC sale offers the City of Elgin Bluff City Cemetery the opportunity to substantially increase revenue per case. We can work with the cemetery management team and utilize establish training programs and sales tools to help drive the positive OBC mix change location -by -location. Proudly serving the greater Chicagoland area since 1880 Page 11 City of Elgin Bluff City Cemetery November, 13, 2020 ERICAN American Wilbert Vault Corp C) V.4�6 4415 W. Harrison St., Hillside, IL 60162 V 708.366.3210 ( F 708,366.32811 TF 855.269.4523 4merka's foremost name in bu iol vaults americanwilbert.eom D. Largest Coverage Area in the USA & Canada — The network of Wilbert Licensees has over 300 "roof- tops" offering a combination of manufacturing, inventory, delivery and installation services. Being an integral part of this network adds value to the City of Elgin Bluff City Cemetery. It means Bluff City Cemetery can easily transfer services to other locations so when families relocate over time they will be served consistently. E. Proven Track Record — American Wilbert Vault Corp. is the dominant brand provider of outer burial containers, cremation products and service in the greater Chicagoland area since 1880. We supply greater than 50% of the OBC volume use in this marketplace with the remainder split among other suppliers. Our name and reputation are synonymous with quality and our employees know and understand the importance of each burial. We are driven to get it right every time because it matters. We appreciate the opportunity to support the funeral professional so that a family does not experience a delay in the committal ceremony. Few, if any other suppliers have the manpower and equipment in reserve to take care of Bluff City Cemetery's urgent needs. We work diligently to reduce costs throughout our organization and manufacturing process enabling us to offer Bluff City Cemetery highly competitive pricing for the locations within any market. Given the decline in burials and the rise in cremations our company has diversified into a number of different ventures to ensure our long- term survival. Our diversification into other services and products for the funeral industry coupled with the development of other businesses allows us to keep costs down and ensure our long-term viability. Attached you will find our price quote to the City of Elgin Bluff City Cemetery for the products and services associated with this RFP. We stand ready to present our proposal in person, demonstrate the key attributes of our bid, and/or answer any open questions. We are confident our program offers the best overall value for the City of Elgin Bluff City Cemetery compared to any other potential bidders. American Wilbert Vault Corp. has the knowledge, experience, pricing, and drive to most effectively manage Bluff City Cemetery's OBC needs. Thank you for this opportunity and we look forward to your reply. Respectfully, American Wilbert Vault Corporation awT we Amy M. Reichle President Attachment CC: File Proudly serving the greater Chicagoland area since 1880 Page 1 2 City of Elgin Bluff City Cemetery November 13, 2020 Ou-A RICMI American Wilbert Vault Corp 4415 W. Harrison St., Hillside, IL 60162 V 708.366,3210 1 F 708366.32811 TP 855.269A523 Americo :s foremost mane in buriol vaults amerieanwilbert.com RFP PRICING Product Size Feature Yrl* Yr2 Yr3 Yr4 Yr5 Grave Box 29" or 30" $ 250.00 $ 250.00 $ 255.00 $ 255.00 $ 260.00 Grave Box 29" or 30" Bottomless** Expected Annual Demand 100 100 100 100 100 Extended Values $ 25,000 $ 25,000 $ 25,500 $ 25,500 $ 26,000 * Calendar year basis **Commonly used to fulfill religious requirement Graduated price based on expected increases in raw material costs and labor Production and Delivery employees are members of the International Brotherhood of Teamsters Local 786 We offer a concentrated group of outer burial containers to assist with cemetery sales through a Good, Better, Best presentation. American Wilbert is proud to offer information and pricing for Custom Granite Columbaria to enhance your grounds and increase market share of cremation placement. American Wilbert can also assist with precast foundations for markers and monuments. Proudly serving the greater Chicogoland area since 1880 Page 13 City of Elgin Bluff City Cemetery November 13, 2020