HomeMy WebLinkAbout23-0301 Todays Uniforms Inc.PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this _J&- day of 4AC ,
2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City") and Today's Uniforms, Inc., an Illinois corporation, (hereinafter referred to as "Today's
Uniforms" 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 Today's Uniforms 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 City Request for Proposal 22-008 incorporated herein
and made a part hereof 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. Today's
Uniforms 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 Today's Uniforms
agrees that service by first class U.S. mail to Samuel Melei, R/A, 454 W. Virginia St., Crystal Lake,
IL 60014 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. Today's Uniforms 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.
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 remainder of this agreement shall remain in full force and effect.
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, e-mail or other
electronic means shall be treated in all manner and respects as an original document. The signature
of any party on a copy of this agreement transmitted by fax machine, or e-mail, or other electronic
means shall be considered for these purposes as an original signature and shall have the same legal
effect as an original signature. Any such faxed, e-mailed or other electronically transmitted 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 electronically transmitted correct 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 each invoice within thirty (30) days of delivery or city's
receipt of invoice, whichever is later for a total annual amount not to exceed $65,000. The
aforementioned total sum is inclusive of all freight, shipping and applicable taxes. City is a tax-
exempt governmental body.
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. 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 Today's Uniforms sole
expense.
13. INDEMNIFICATION. To the fullest extent permitted by law, Today's Uniforms
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 Today's Uniforms or Today's Uniforms
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.
14. LIMITATION OF ACTIONS. Today's Uniforms 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 any act or failure to act which is alleged to form the basis for any lawsuit or claim for
damages.
15. 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 finds sufficient to discharge the obligations which
accrue in that fiscal vcar and authorization to spend such funds for the purposes of the contract. If,
for any fiscal year during the term of the this agreement, sufficient finds 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.
24. TERM. This Agreement shall terminate on April 1, 2026, and City may thereafter
exercise two one-year renewal options at the City's sole discretion.
25. TERMINATION. City may terminate this Agreement for any reason in the City's
sole discretion upon thirty (30) days written notice without penalty. In the event of any such
termination by the City, Today's Uniform shall be paid on an ad valorem basis for work actually
perfornmed or goods actually delivered.
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.
TODAY'S UNIFORMS, INC.
Print Na re -
Sigl tu,1y�re
01,E i(/��
Title
CI ALCiIN
�G _
Richard G. Kozal, City Manager
Attest:
City Clerk
1.ep) Dept ALL-emcnC T(Auy's l'.niforim Arr-RrP 22-M9,1 ire Uniforms-3-9-23 docs
ATTACHMENT A
Group 1 - Work Shirts
Dress Uniform Shirt
Polyester Dress Shirt
1. Elbeco Textrop (style# 310 & 313)
2. Elbeco Dutymaxx (style# 310N) / (style# 313N) 5bo
Short & long sleeve, shoulder epaulets, two breast pockets with flaps, and military creases
Sized for both male & female personnel
Color: White and Blue (Medium or Light)
Badge holder above left breast pocket, nametag holder above right breast pocket.
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied. b� Elgin Fire
Department.
' Manufacturer—Styte%lendor X I Unit W" i TaW Price - — Esd-nwted
Work Shirt - Administrative Staff
Polyester/D=. on blend
1. Elbeco Dutymaxx (style#5801) & 5680D)
Short & long sleeve, shoulder epaulets, two breast'pockets with flaps, and military creases
Sized for both male & female personnel
Color: White
Badge holder above left breast pocket, nametag holder above right breast pocket.
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied by Elgin Fire
Department.
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Work Shirt - Lieutenants
Polyester/Cotton blend
1. Elbeco Paragon Plus (style#P867 & P877)
Short & long sleeve, shoulder epaulets, two breast pockets with flaps, and military creases
4
Sized for both male & female personnel
Color: White .
Embroidered badge above left breast pocket, embroidered name and rank above right breast pocket.
Artwork to be provided by the Elgin Fire. Department
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied by Elgin Fire
Department.
Raw"r
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Work Shirt -Captains, and Battalion -Chiefs
Polyester/Cotton blend
1. Elbeco ParaW Plus (style#P867 & P877)
Short & long sleeve, shoulder epaulets, two :breast pockets with flaps; and niilitary creases
Sized fox both male & female personnel
Color: White
Badge holdirr above left breast pocket, namstag holder above.,right breast pocket.
Optional: Embroidered badge above left breast :pocket, embroidered name and rank above right breast
pocket. Artwork to be provided by the 1Rlgin Fire Department,
Bid pricing to include the sewing of Elgin Fire Department paeh on left sleeve and American Flag patch
on right sleeve with white or gold and field.facing forward. Patches will be supplied by Elgin Fire
De artment.
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Group I - Pants, Skirts & Shorts
Dress Uniform Trousers
Polyester
1. Men's
a. Elbeco (style #E8941RN)
2. Women's
a. Elbeco (style #E8945LC)
Color: Dark Navy / Navy Blue
Bid nrice to include hemminv
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Work Trousers - Administrative Staff
Polyester/ Wool blend
1. Men
a. f lbeco (style # IRNF)
2. Women's
a. Mew (style #E8945LC)
Color: Darla Navy / Navy Blue
Bid price to include hernniin
Manufacture s1Mendor #
Unft Price Total Prise i Estimated
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2
Work Trousers - Line Personnel
65% Polyester / 35% Cotton blend
1. Men's
a. Elbeco (style #E2804R)
2. Women's
a. Elbeco (style # E2814LCD)
Color: Dark Navy / Navy Blue
Bid price to include hemmin.,.
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Work Trousers Cargo Style - sine Personnel
65% Polyester / 35% Cotton blend
1. Men's
a. Elbeco (style A2844)'
b. )
2. Women's
a. Elbeco (style # E285 Q
Color: Dark Navy / Navy BNe
Bid price to include henu inu '
...#
Unit Price i Total F r
Delivered Danry rune
7
Skirts
Polyester/Wool blend
1. Flying Cross (style #38033)
Color: Navy Blue
Manufacturer Style/Vendor # Unit Pace :7�Total Price Est a l
Delivered. I Pwtwry Tkne1
Work Shorts Cargo Style -- Line Personn&I
Poly/Cotton Blend ,
.1. Men's '
a. Elbeco (style # E2824)
2. Women's
a. Elbeco (style # E2834LO
Color: Dark Navy / Navy Blue
Bid price to include homnmut
JF Koji ...
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Shorts - Line Personnef
100% Cotton Shorts
1. Sport Tek (styie 4ST310)
1. Sport Tek (style #S10) (Mesh)
Sizes will be: Small through 4XL
Bid price to include embroidery per Fire Department specification (department logo on left thigh).
Artwork to be provided by the Elgin Fire Deparfipent.
Color: Na% \ blue
Manufacturer
Style/Vendor #
Unit Prke
Total Price
@�
Delivery Time
'MO
15.
Group 1 - Belts & Ties
P
Trouser Belt
Garrison Belt
1. Boston Leather (style #6505)
2. Boston Leather No Lines Off Duty (style #6582NL)
3. Boston Leather Riverside (style.6570)
Style: Standard & basket weave
Color: Black
Buckle: Silver or Gold
Uniform Tie
1. Wolfntark (style #UWPT-4) — zter tie
2. Wolfmark (style #UWPT) — clip -on style
3. Evaluated equal
Color: Black -
Manufactwer
Styleflferdw #
Unit Price
Total Price
Esti iced
Groin 1 -- DressCaps
Dress Cap - Firefighters Navy
1. Midway (style #134)
2. Midway Nickle Cap Strap (styW C-M 48G)
Color: Navy
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Dress Cap - Officers 'White
1. Midway (style #113)
9
2. Evaluated equal for Women's cap
Silver Cap strap (style # M-0321-5)
Color: White
,naftctwer Style/'Vendor # I LIM Price
Dress Cap — Chief Officers
1. , Midway (style #113)
Gold -Cap strap (style # EM.48G)
Midway 6 Flamed visor (style HG-29)
Color: White
MWKdadMf Style/Vertdor d
Unit Price
Of
Total Price
of
igsttmated
Dee
10
Group 2 -- Polo Shirts, Mock T's, Sweatshirts
Polo Shirts - Firefighters
100% Cotton
1. 5.11 Professional Palo (style #41060)
Sizes will be: Small through 4XL
Embroidered badge on right breast, embroidered nam & ,rank on left breast (above pocket). Artwork to
be provided by the Elgin Fire Department
Color: Dark Navy or Na,
Mock Turtlenecks
100% Cotton
1. Port Authority (K321)
2. Evaluated equal.
Sizes will be: Small through 4-XL
Embroidered letters on neck, alnbroideW logo on left breast. Artwork to be provided by the Elgin Fire
Department,
Colors: White, Navy Blue/Navy, Oxford7Gmy..
Manufacturer
Styie/Vendor.#
Unit Price
Total Prise Estkmted
•"'� Delivery rye
Sweatshirt (Job Shirt)
Poly cotton fleece
1. 5.11(style #72321-720)
2. Evaluated Equal
Sizes will be: Small through 4XL
Bid price to include embroidery per Fire Department specification (department name on left breast,
employee name on right breast, above pocket). Artwork to be provided by the Elgin Fire Department.
Color. Nay v Blue
MWOWUM Styh?/VeWor# Unit ftlice Total Price _7E ted
DeRwred Delivery Time �
11
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,op*Group 2 - Sweatpants
Sweat Pants
Poly/Cotton Fleece
1. Port and Company (style #PC90P)
2. Port and Company (style #PC78P) Open Bottom
3. Champion (style #P2442)
4. Evaluated equal
Sizes will be: Small through 4XL
Bid price to include embroiderer per Fire-Depwi ment specification (department logo on left thigh).
Artwork to be provided by the Elgin Fire Department. •
Color: Navv blue
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Group Z - Caps
Bali Cap
1. Flex -Fit (sCyle.19401)
2. Evaluated equal
Bid price to include enibmidery per Fire Departmant specification. Artwork to be provided by the Elgin
Fire Department.
Color: Navv Blue
Matud rer
Style/Vendor
Unit Price
41
Total Pace
Delivjq d
Estknerted
ry e
.
,
12
• s -
Stocking Cap
1. Sanmar (style# CP90)
2. Sanmar (style# CP90L)
3. Evaluated equal
Bid price to include embroidery per Fire Department specification. Artwork to be provided by the Elgin
Fire Department.
Color: Na% v Blue
nil ra
Mir
Group 2 -Jackets
Dress Blouse Coat
1. Elbeco (style DC13820)
Bid pricing to include the sewing of Wgin Fite Department pstdh on left sleeve and Anxrican Flag patch
on right sleeve with white or gvid and field facing forwsr(L Patches will be supplied. by Elgin Fire
Department.
Color: NavyBlue _
Manufacturw Styie%Vendcr # J Unit Pace - Totei PrIce Estimated
f deli tliv rvTime i
Overcoat
1. Newport Harbor Darien Overcoat (style #761MT) — Men's Include Dept. Patch and Flag
2. Newport Harbor Darian Overcoat (style #7'61LT) — Women's Include Dept. Patch and Flag
3. Evaluated equal
13
Duty Coat
1. 5.11 Signature Duty Jacket (style 48103)
2. Elbeco Shield Genesis (style SH3804
3. Elbeco Shield Performance Soft Shell (Chief) (style SH3504)
4. Evaluated equal
Bid pricing to include the sewing of Elgin Fire Department patch on left sleeve and American Flag patch
on right sleeve with white or gold and field facing forward. Patches will be supplied by Elgin Fire
Department.
Color: Deep Navy / Navy Blue
01 ..
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14
Group 3 - Shoes & Boots
Oxford
1. Bates, High Shine Duty (style #E22233)
2. Bates, High Gloss Shoe (style #E22141)
3. Thorogood Black Leather Oxford (style 6041)
4. THorogood High Gloss Oxford (style 831-6027)
5. Evaluated equal
Station.Shoe
1. Red Back 6" Easy Escape Steel Toe (style USBBK)
2. Red Back 6" Easy Escape Non Steel Tope<(style UBSK)
3. Thorogood, quick station boot (style 4834-6028)
4. Bates Station Boot (style E03150)
5. Evahmted equal
Manufattuter
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15
6 Inch Boot
1. 5.11 Atec 6" side zip boot (style #1239e4)
2. 5.11 Atec 6" side zip boot (style #12404) — Women's
3. Bates Tactical Boot (style E03612) , .. �1 I� Z
4. Haix Black Eagle Tactical Boot 20 Mid (style 30012) 1 o .31-4� !
S. Red Bach Sentinel HD (style USCBZ$
6. Evaluated equal
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Y
16
8 Inch Boot
1. 5.11 Men's ATEC 2.0 Side Zip 8" (style 12391)
2. 5.11 Women's ATEC Side Zip 8" (style 12403)
3. Bates GX8 Insulated Side Zip (style E02488) b ICla two 6W7,
4. Haix Black Eagle Tactical 20 High (style 300103) 1out5
5. Haix Airburner XR2 (style 605118
6. Evaluated equal
fwturer 1 Stv%IVWWw# ; Unit Price Tata[ Porn ¢ .
E-mail or website ordering capability
Return Policy for wrong sins and/or mistakes
Expected Deli) time for embroidered it nis
In stock Items del'_ time VA
Delivery Char es and rns t~ods of de#very,
Availabill of ftess Rep. sce calls
S ecial order a ected de!# time
On -site measurld-0 and ordedgg
Distance of retail location from of limits
List of at least 5 fire department references Ian a
TERM OF AGREEMENT
LIST EXCEPTIONS OR SISTiTUTIONS { E
SEPERATELY1
17