The URL can be used to link to this page

Home My WebLink About22-228 Resolution No. 22-228 RESOLUTION AUTHORIZING EXECUTION OF A JOINT PURCHASING BASED AGREEMENT WITH REINDERS, INC. FOR THE PURCHASE OF MAINTENANCE EQUIPMENT FOR THE CITY OF ELGIN'S GOLF COURSES 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 a Joint Purchasing Based Agreement on behalf of the City of Elgin with Reinders, Inc., for the purchase of maintenance equipment for the City of Elgin's golf courses, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain_ David J. Kaptain, Mayor Presented: December 21, 2022 Adopted: December 21, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk JOINT PURCHASING BASED AGREEMENT THIS AGREEMENT is hereby made and entered into this 21st day of December , 2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Reinders, Inc., a corporation(hereinafter referred to as " Reinders"). 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 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 price, terms and conditions contained herein; as provided by Attachment A; and as provided by a joint purchase agreement through OMNIA Partners,under Contract No.2017025,Quote# 1131769,incorporated herein by reference (hereinafter referred to as the "JPA"). 3. CONFLICT. In the event of any conflict between any of the terms and provisions of this agreement and either Attachment A or the JPA, or any portion thereof, the terms and provisions of this agreement shall supersede and control. In the event of a conflict between Attachment A and the JPA,Attachment A shall supersede and control. Notwithstanding anything to the contrary provided for herein or in any attachments hereto payment terms shall be as provided for herein; namely, City shall pay the total sum of $104,945 within thirty (30) days of delivery or other performance, or city's receipt of invoice,whichever is later. Further, notwithstanding anything to the contrary provided for in Attachment A, all language under the headings "ADDITIONAL TERMS AND CONDITIONS","Disclaimer"and"Delay"in Attachment A shall not apply, and shall be of no force and effect. Additionally, no restocking fees shall be applicable. 4. 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. Vehicle Service 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 Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield, IL 62703 shall constitute effective service. Both parties hereto waive any rights to a jury. 5. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 6. MERGER. This agreement embodies the whole agreement of the parties regarding the subject matter hereof. There are no promises, terms, conditions or obligations other than those contained herein regarding the subject matter hereof, and this agreement shall supersede, supplant and replace all previous communications, representations or agreements, either verbal, written or implied between the parties hereto regarding the subject matter hereof. 7. 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 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. 8. 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. 9. 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,'s relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 10. PAYMENT. City shall pay the total sum of$104,945 within thirty (30) days of delivery or other performance, or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all applicable freight, shipping and taxes. 11. DELIVERY. REINDERS, shall complete delivery of all goods and/or shall provide all services on or before June 30, 2023. 1/S V- *Due to Toro supply shortages, it is unlikely delivery will occur on or before June 30, 2023.* I�Ir3I�� 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 any applicable goods. All transportation and delivery costs shall be at REINDERS,'s sole expense. 14. INDEMNIFICATION. To the fullest extent permitted by law, REINDERS, 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 2 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. 15. LIMITATION OF ACTIONS. REINDERS, 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. 16. 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 which may be signed electronically or 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. 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. REINDERS, INC CITY OF ELGIN 144 00 /00, I '0��6*r R/e OP2 Richard G. o al, ity Manager Print Name / ATTEST Signature / City Clerk Title 3 ATTACHM ENT A Prepared By: Grant Rundblade Territory Manager 911 Tower Road obli% Mundelein,IL 60060 Cell(815)988-6303 f�.lg6b Fax (847)678-5511 orundblode@reind ers.com Acct il: 359886-2 Highlands of Elgin Golf Course,The Quote ID Prices are subject to 715 S McLean Boulevard 11/11/2022 change without notice Elgin II 60123 Quote Date OMNIA$ 11/14/22 1131769 Attn: Brad Legnaioli Competitively SMkked and Award toToro -Contrattt#U17025 Mode)rr trivb total 2 04358 12)Greensmaster 3150-Q MSRP: $131,300.84 6 04654 11 Blade Cutting Unit Omnia Discount: ($37,029.84) 6 120-9600 High HOC Kit Contract Sale Price: $94,271.00 6 04256 Wide Wiehle Roller(One roller) 2 04554 Light Kit-LED 13)Spare Cutting Units MSRP: $12,826.71 3 04654 11 Blade Cutting Unit OMNIA Discount: ($2,152.71) 3 120-9600 High HOC Kit Contract Sale Price: $10,674.00 3 04256 Wide Wiehle Roller(One roller) Total Sale Price: $104,945.00