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Home My WebLink About22-165 Resolution No. 22-165 RESOLUTION AUTHORIZING EXECUTION OF AN EQUIPMENT RENTAL AGREEMENT WITH SUNBELT RENTALS, INC. FOR POWER DISTRIBUTION EQUIPMENT FOR THE NIGHTMARE ON CHICAGO STREET EVENT 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 Equipment Rental Agreement on behalf of the City of Elgin with Sunbelt Rentals, Inc., for power distribution equipment for the Nightmare on Chicago Street Event, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 14, 2022 Adopted: September 14, 2022 Vote: Yeas: 7 Nays: 1 Abstain: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk EQUIPMENT RENTAL AGREEMENT THIS AGREEMENT is hereby made and entered into this 14 day of September 2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Sunbelt Rentals, Inc., a North Carolina corporation (hereinafter referred to as "Sunbelt"). 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. RENTAL. City shall rent, and Sunbelt shall lease to City the rental of temporary equipment goods and services described herein and 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. 3. SCOPE OF WORK. Sunbelt shall deliver setup, and pickup and remove all Sunbelt equipment during the rental period. City shall be responsible for connecting grounding rods and all non-Sunbelt equipment. 4. DURATION. Sunbelt shall setup equipment starting October 21, 2022, and shall remove all equipment on October 23,2022. 5. 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. Sunbelt 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 Sunbelt agrees that service by first class U.S. mail to CT Corporation System, 208 S. LaSalle St., Suite 814, Chicago, Illinois 60604 shall constitute effective service. 6. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. 7. PAYMENT. City shall pay a total sum of$29,191.08 on or before November 30, 2022. The aforementioned total sum is inclusive of all applicable transportation,freight, shipping, labor costs and applicable taxes. City is a tax-exempt governmental body. In addition to the aforementioned total sum,the City shall also pay for a refueling charge(calculated by multiplying gallons required to refill tank with fuel to level when received, by the Pay on Return per gallon rate)in an amount not to exceed$3,000. 8. 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. 9. INTEREST. Sunbelt 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. 10. 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. 11. 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. 12. CONFLICT. In the event of any conflict between the terms and provisions of this rental agreement and Attachment A hereto,the terms and provisions of this rental agreement shall supersede and control. 13. LIMITATION OF DAMAGES. In no event shall either party be liable for any consequential, special or punitive damages,or any damages resulting from loss of profit. 14. INDEMNIFICATION.To the fullest extent permitted by law, Sunbelt agrees to and shall indemnify 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 to the proportionate extent arising out of or resulting from any wrongful acts or negligent acts or omissions of Sunbelt or Sunbelts' 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.CITY will(i)give SUNBELT prompt notice of any such claim, and(ii) at SUNBELT s reasonable request, cooperate with SUNBELT in the defense and settlement of the Claim. During the rental period, and unless Sunbelt is performing setup,breakdown,or maintenance services,the equipment is in the City s possession and control therefore, Sunbelt is not responsible for any claims to the proportionate extent arising from CITY s or any of its contractors, suppliers, officers, agents, or employees negligent acts or omissions in the performance of this Agreement. Subject to the above, 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 reasonable choosing. 2 15. 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. 16. WAIVER.Neither party hereto shall be responsible for any consequential,indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure by a party to enforce any rights arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS.Sunbelt 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 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. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NO WAIVER OF IMMUNITIES 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 Sunbelt 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 Sunbelt 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. 20. NO SPECIAL OR OTHER DUTY.No special duties or obligations are intended and shall not be deemed or construed to be created by this agreement. Notwithstanding anything to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or Sunbelt and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this agreement. The provisions of this section shall survive any expiration and/or termination of this agreement. 21. PROHIBITED USE. City shall not(a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without Sunbelt's written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner; or(e)publicize use of the Equipment in any manner(including, without limitation,print,audiovisual or electronic);or(f)allow the use of the Equipment by anyone other than Authorized Individuals (City acknowledging that the Equipment may be dangerous if used improperly or by untrained parties). 3 22. ASSIGNMENT. Neither party may without written approval of the other assign this agreement or transfer its interest or any part thereof under this agreement to any third party except that a party may assign its rights or obligations to a third party in connection with the merger, re or anization or acquisition of stock or assets affecting all or substantially all of the ies ssets of the assigning CITY OF ELGIN SUNBELT RENTALS,INC. Kimberly Quirk Richard ozal, City Manage Print Name / fA Attes Gam"`' City Cler Signature Title Contract Manager Legal Dept\AgreementTurchase Agreement-Sunbelt Rentals-9-1-22.docx 4 ATTACHMENT A SUNBELT® Page 1 of 3 RENTALS PUMP&POWER PC#: 0313 SUNBELT RENTALS, INC. SERVICES 2971 MOUND ROAD Salesman: 031329 HOWARD, JERROD (313 JOLIET, IL 60436 815-521-9895 Typed By: JHOWARD Job Site: QUOTE NIGHTMARE ON CHICAGO STREET III IIIIIIIIIIIIIIIIIIIIIIIII III 45 SYMPHONY WAY ELGIN, IL 60120 5521 Contract #.. 129380059 C#: 847-931-5604 J#: 847-931-5604 Contract dt. Date out.... Customer: 523463 Est return.. CITY OF ELGIN Job Loc..... 45 SYMPHONY WAY, ELGIN 150 DEXTER COURT Job No...... 2 - NIGHTMARE ON CHI ELGIN, IL 60120 P.O. #...... Ordered By.. MEDINA, SMOOCH NET 60 QTY EQUIPMENT # Min Day Week 4 Week Amount 54.00 SPIDER BOX TPB50P 15.00 15.00 41.00 145.00 810.00 0060001 2.00 400AMP CAM W/2 200AMP CAM OUT 54.63 54.63 137.25 365.50 109.25 0060230 2.00 400AMP CAM W/4 100AMP CAM OUT 76.00 76.00 167.85 444.13 152.00 0060245 2.00 200AMP SPIDER BOX FEEDER PNL 68.40 68.40 142.20 379.10 136.80 0060390 4.00 400AMP SPIDER BOX FEEDER PNL 66.50 66.50 133.20 355.30 266.00 0060400 1.00 1200AMP MULTI PANEL (I LINE PA 58.90 58.90 127.80 336.60 58.90 0060500 4.00 10OKW DIESEL GENERATOR 345.00 345.00 900.00 2200.00 1380.00 0090100 # 3 phase 208v 1.00 120KW DIESEL GENERATOR 375.00 395.00 975.00 2600.00 395.00 0090105 # 3 phase 208v 15.00 251 SPIDER BOX CABLE 6/4 7.60 7.60 17.64 51.00 114.00 66.00 501 SPIDERBOX CABLE 6/4 10.53 10.53 32.58 96.00 694.98 40.00 1001 SPIDERBOX CABLE 6/4 11.78 11.78 35.28 88.40 471.20 120.00 4/0 CAMLOCK CABLE 501 9.24 9.24 18.59 43.75 1109.22 20.00 4/0 FEMALE PIG TAIL 4.28 4.28 9.00 26.78 85.50 2rAAg6pWnt teq?Wsc lefd Preventive Maintenance.Sunbelt Redals;al monitor the df eriAn time and p4kl,Am service as AuirkAn accordance A5.0 0 manufacturers specifications.Customer shall be charged for each PM service performed during rental period. IF THE EQUIPMENT DOES NOT WORK . Customer is declining Rental Protection Ran(see reverse side for details) (customer Initials) Customer Signature Date Name Printed Delivered By Date www.sunbettrentals.com POFWS6(Pev 02/28/22) WHEELT® Page 2 of 3 RENTALS PUMP&POWER per: 0313 SUNBELT RENTALS, INC. SERVICES 2971 MOUND ROAD Salesman: 031329 HOWARD, JERROD (313 JOLIET, IL 60436 815-521-9895 Typed By: JHOWARD Job Site: QUOTE NIGHTMARE ON CHICAGO STREET I IIIIIIII �IIIIIIIIIIIIII'll 45 SYMPHONY WAY ELGIN, IL 60120 5521 Contract #.. 129380059 C#: 847-931-5604 J#: 847-931-5604 Contract dt. Date out.... Customer: 523463 Est return.. CITY OF ELGIN Job Loc..... 45 SYMPHONY WAY, ELGIN 150 DEXTER COURT Job No...... 2 - NIGHTMARE ON CHI ELGIN, IL 60120 P.O. #...... Ordered By.. MEDINA, SMOOCH NET 60 QTY EQUIPMENT # Min Day Week 4 Week Amount 350.00 CABLE RAMPS 7.00 7.00 24.50 52.50 2450.00 8.00 CAMLOCK TURNAROUND M TO M 4.75 4.75 12.60 26.35 38.00 *** EQP MSG *** 8 Hrs/Day 40 Hrs/Wk = 1.0x Rate 9-16 Hrs/Day 41-80 Hrs/Wk = 1.5x Rate 17+ Hrs/Day 81+ Hrs/Wk = 2.Ox Rate SALES ITEMS: Qty Item number Unit Price 30 DLABOR EA 280.000 8400.00 2218XXX050 DLABOR # price based on Sunday tearout 1 DLPKSRCHG EA 750.000 750.00 TRANSPORTATION SURCHARGE 30 ELABOR EA 210.000 6300.00 2218XXX050 # price based on after 3pm friday setup # or anytime Saturday 11 ELABOR EA 210.000 2310.00 2218XXX050 # tech watch on day of event 1 ENVIRONMENTAL EA 65.230 65.23 Certain will monitor the operation time and perform PM service as required in accordance with manufacturers specifications.Customer shall be charged for each PM service performed during rental period. •!1 f!!!R*rt f e f!!4 rt rt rt rt*rt rt****rt***rt rt rt rt*R!!♦R R*!!*rt!!1 f R 1 f!!!1 1 f!1 1 1 rt rt 1 rt rt rt rt rt R***!!f R f f 1 f f 1 f!f!!1 1 1 1 rt rt**rt!R 1 R*R 1 f R!! IF THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING,DAMAGES AND REPAIRS Customer is declining Rental Protection Plan(see reverse side for details)_(Customer Initials) Customer Signature Date Name Printed Delivered By Date www.sunbeltrentais.com PDFWSe(Rev 02128122) WHEELT® Page 3 of 3 RENTALS PUMP&POWER SUNBELT RENTALS, INC. SERVICES PC#: 0313 2971 MOUND ROAD Salesman: 031329 HOWARD, JERROD (313 JOLIET, IL 60436 815-521-9895 Typed By: JHOWARD Job Site: QUOTE NIGHTMARE ON CHICAGO STREET II IIIIIIIIIIIIIIIIIIII�IIII III 45 SYMPHONY WAY ELGIN, IL 60120 5521 Contract #.. 129380059 C#: 847-931-5604 J#: 847-931-5604 Contract dt. Date out.... Customer: 523463 Est return.. CITY OF ELGIN Job Loc..... 45 SYMPHONY WAY, ELGIN 150 DEXTER COURT Job No...... 2 - NIGHTMARE ON CHI ELGIN, IL 60120 P.O. #...... Ordered By.. MEDINA, SMOOCH NET 60 QTY EQUIPMENT # Min Day Week 4 Week Amount SALES ITEMS: Qty Item number Unit Price DELIVERY CHARGE 1500.00 PICKUP CHARGE 1500.00 A discount of $2012.10 has been applied. Sub-total: 29191.08 Total: 29191.08 All amounts are in USD Certain equipment above requires scheduled Preventive Maintenance.Sunbelt Rentals will monitor the operation time and perform PM service as required in accordance with manufacturers specifications.Customer shall be charged for each PM service performed during rental period. I F THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR PROPERLY, DAMAGES Customer Is declining Rental Protection Plan(see reverse side for details) (Customer Initials) Customer Signature Date Name Printed Delivered By Date www.sunbeltrental&com PDFlNSe(Rev 02128122)