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Home My WebLink About23-0823 AHW, LLC ;�3- ok�3 A� �� L-LC. August 23, 2023 Agenda Bid Item: #7- Sourcewell Purchasing Cooperative Contact w/AHW, LLC for John Deere 1025 Tractor ($19,958) • Signature needed by City Manager & City Clerk. • Return 1 copy to Greg Hulke. PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 23 day of August 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Arends Hogan Walker, LLC, an Illinois limited liability company, (hereinafter referred to as "AHW") 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 AHW shall sell the goods and/or services described by the AHW proposal dated July 28, 2023, consisting of 7 pages and labeled as Attachment A,which is attached hereto and made a part hereof. 2. TERMS. This Agreement shall be subject to the terms and conditions contained in Attachment A. 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. AHW 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 AHW agrees that service by first class U.S. mail to 27688 E. 3200 North Rd., Dwight, IL 60420 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. 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, AHW 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, AHW hereby certifies, represents and warrants to the City that all of AHW'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. 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. 18. LIMITATION OF ACTIONS. The Parties hereto agree that any action by AHW arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 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. ARENDS HOGAN WALKER, LLC CI ELGIN Print Name ichard G. Kozal, City Manager Attest: >gnature ��/PSMoh Title City Clerk Legal Dept\Agreement\AHW Purchase AgrJohn Deere Tractor-8-15-23.docx 3 JOHN DEERE r kjaQ Tomorrow's Solutions Today ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: AHW LLC AHW LLC 14N937 US Highway 20 14n937 Us Highway 20 Hampshire, IL 60140 Hampshire, IL 60140 US 847-683-4440 dlhampshire@ahwllc.com " Includes Fees and Non-contract items (Quote Summary Equipment Total $29,207.59 Trade In $ (9,250.00) SubTotal $ 19,957.59 Est. Service $ 0.00 Agreement Tax Total $ 19,957.59 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 19,957.59 Salesperson :X Accepted By :X Confidential .JOHN DEERE Tomorrow's Solutions Today Selling Equipment Quote Id: 29318447 Customer Name: ELGIN PARKS & RECREATION DEPART. ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: AHW LLC AHW LLC 14N937 US Highway 20 14n937 Us Highway 20 Hampshire, IL 60140 Hampshire, IL 60140 us 847-683-4440 dlhampshire@ahwllc.com Total Selling Price $ 33,208.00 JOHN DEERE 54-in. (137-cm) Quick-Hitch Front Blade Equipment Notes: Suggested List Hours: $ 2,411.00 Stock Number: Selling Price* Contract: Sourcewell Turf 031121-DAC (PG BT CG 23) $ 1,977.02 Price Effective Date: June 29, 2023 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 1493M 54-in. (137-cm) Quick-Hitch 1 $ 750.00 18.00 $ 135.00 $ 615.00 $ 615.00 Front Blade Standard Options -Per Unit 001A US/Canada 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00 6805 Hydraulic angling 1 $ 298.00 18.00 $ 53.64 $ 244.36 $ 244.36 6957 Front quick-hitch 1 $ 1,363.00 18.00 $ 245.34 $ 1,117.66 $ 1,117.66 Standard Options Total $ 1,661.00 $ 298.98 $ 1,362.02 $ 1,362.02 ,Total Selling Price $ 00 Confidential aJOHN DEERE Extended Repair Plan Proposal PowerGardTM Protection Plan .Residential Date :July 28, 2023 Machine/Use Information Plan Description Price Manufacturer JOHN DEERE Plan Type: Deductible: Equipment Type 1025R TRAC Coverage: Quoted Price $ 0.00 Model 1025R TRAC Total Months: Total Hours: THIS PROPOSAL IS VALID FOR 30-DAYS FROM DATE ISSUED.GRACE pricing is offered only early during the Deere basic warranty period and has no surcharges.After this period, DELAYED PURCHASE pricing(surcharged)is offered later during the John Deere Basic Warranty,Many PowerGard quotes presented in the Delayed Purchase Period will require inspection/certification process and must also past fluid testing. The Total Months and Total Hours listed above include the John Deere Basic Warranty terms(24 months 12000 hours on Tractors.24 months on Golf&Turf Products,12 months for all AG Harvesting and Sprayer equipment,and 12 monthsl1000 hours on most Gator Utility Vehicles)"Limited"Plan coverage= Engine&Powertrain only 'Comprehensive"Plan coverage=Full Machine. Proposal Prepared for: I have been offered this coverage and --------- I ACCEPT the Residential Ian Customer Name- Please Print p [] 1 DECLINE the Residential plan ---------------------------------------------------------------------------------- Customer Signature If declined, 1 fully understand that my equipment listed above is not covered for repair expenses due to component failures beyond the original basic warranty period provided by John Deere. Note : This is not a contract. For specific PowerGardTM Protection plan Residential coverage, please refer to the terms and conditions on John Deere's public website(www.John Deere com) under Services& Support >Warranty> Extended Warranties> PowerGard protection plan Residential. PowerGardTM^ Protection Plan Residential (Residential plan) is: The PowerGardTM Protection Plan Residential is an extended repair plan that provides parts and labor coverage up to four years beyond the manufacturer's warranty.lt is available on all riding lawn equipment,zero-turn radius mowers, utility vehicles, utility tractors and compact utility tractors.Your John Deere equipment will be in the hands of qualified, certified technicians from John Deere dealers using Genuine John Deere Parts. Not covered under a Residential plan: Residential plans do not cover routine maintenance services or items normally designed to be replaced by the purchaser due to normal wear and tear. They do not cover any product used for commercial or rental applications. They also do not cover repairs for damage from accident, misuse, fire, theft, or exposure to weather conditions such as lightning, hail, flood or water. See the actual PowerGardTM Protection Plan Residential Terms and Conditions for a complete listing of coverage,and limitations and conditions under the program. Confidential