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Home My WebLink About23-208 Resolution No. 23-208 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH NADLER GOLF CAR SALES, INC. FOR THE PURCHASE OF ELECTRIC GOLF CARS AND MAINTENANCE OF GOLF CARS FOR BOWES CREEK COUNTRY CLUB 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 FURTHER 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 Purchase Agreement on behalf of the City of Elgin with Nadler Golf Car Sales,Inc. for the purchase of electric golf cars and maintenance of gold cars for Bowes Creek Country Club, a copy of which are attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 1, 2023 Adopted:November 1, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 1st day of November 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter refereed to as "City") and Nadler Golf Car Sales, Inc., an Illinois corporation (hereinafter referred to as"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 Seller shall sell the goods and/or services to the City as described in the four(4)one-page purchase proposals,said purchase proposals being (1) a purchase proposal for four(4) 2024 Club Car Tempo 2+2 Electric Transport Cars, dated September 1, 2023, in the amount of$50,708.00, (2) a purchase proposal for a 2024 Club Car Carryall 1500 Gas 2 Wheel Drive Utility,dated September 20,2023,in the amount of$21,570.00, (3)a purchase proposal for a 2024 Club Car Transporter Electric Utility Vehicle,dated September ' 21,2023,in the amount of$15,395.00, and(4)a purchase proposal for a 2024 Club Car Carryall 500 Gas Utility Vehicle,dated September 21, 2023, in the amount of$12,925.00, said purchase proposals collectively attached hereto and made a part hereof as Attachment A. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A,which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAWNENUE. 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. Seller 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 Seller agrees that service by first class U.S.mail to Richard C. Slocum, 1999 W.Downer Place, Suite 101,Aurora, IL 60506 shall constitute effective service.The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement,except in a writing instrument executed by both Parties with the same formalities as the original Agreement 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. Seller 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 505/1, 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. 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, Seller 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. 9. COUNTERPARTS AND 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. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine,email,or other electronic means 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 facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of One Hundred Thousand Five Hundred Ninety-Eight Dollars($100,598.00)within thirty(30)days of delivery and installation or City's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs.The City of Elgin is a tax-exempt governmental entity. 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 and installation of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller 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 arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller'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 and hold harmless,such action shall be defended by legal counsel of the City's choosing. 2 . 14. WARRANTY. All applicable warranties,including but not limited to any and all applicable manufacturer's warranties,warranties of merchantability,and warranties of fitness for a particular purpose, arc included as part of this Agreement, and shall apply to all goods, accessories,components,and services to the benefit of the City. 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 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. 17. i(..111MITA't<ION OF ACTIONS. The Parties hereto agree that any action by the Seller 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. 18. TIME IS OF THE!ESSENCE. Time is of the essence of this Agreement. The persons 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. [N WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. NADLER GOLF CAR SALES,INC. Cl GIN atiMit Seder,• � • Print Name Richard G. ozal, sty M 2 �______.___I.__ _. Attest: nature Title y Clerk Letral 0eara.A gTydyy r:•!I t`l Sates h, AV'Iu.11:.2»oc: • ATTACHMENT A • 4\rli N Atil tt . , coLF Purchase Proposal , BOWES CREEK COUNTRY CLUB 1250 BOWES CREEK BLVD. BAIN.IL 60124 Date ShTo Vte F.O.B. Tenni 0912143 Ng pTJjOFMD19TH Contact Sales person. O&Oridei Number BQ 1g03/ 462325 , DescrIptser. Quantity Unkgrele Amount 2024'CLUB CAR TRANSPORTER ELECTRIC UTILITY VEHICI.E 1 EA $14,095.00 $14,005.00 BLACK COLOR 1 EA 30.00 $0.00 GRAY SEATS I EA .5400 ;0.00 iSTAKE SIDE I EA. $0,00 $0.00 !FOUR FORWARD FACING SEATS t EA $0.00 $0.00 ON BOARD CHARGER 1 EA i0.00 $0 o0 B-0 VOLTBATTERIES TO MAKE 4B VOLT SYSTEM I FA $0.00 $0.00, itflltarkti: SuWTotaa! SI4.09300 1 Tax $000 $0001Oir Paight 0000.00 Total ( ,tss.vo Proposal bawd Ely `y ,, tom.a . _ __ Y Data wino propou!Acaapted By Data Proposal Valid Mrs O2/2i/23 mot rKI. ar ,It•.so . 4 . . V • INALtsl Gov._ Purchase Proposal BOWES CREEK COUNTRY CLUB 1250 BOWES CREEK BLVD. MOM 11.BCH2A Oats I WI VM F.O.B. Twins 0171/23 I OUR TRUCK °RCM NET 10TH OF MONTH CoMad 1 Salon Our OrderNurnber I.EHM.AN I BOWEN, 46237 Ossoription Mustily URN Eike I Amount 1 - 2024 CWB CAR CARRYALL 500 GAS UTILITY VEHICLE 1 EA. $12.500.00 $12.500.00 4BLACK COLOR t EA $004 • late GRAY BEATS' 1 EA BUD $0.00 4-.WHEEL BRAKES i EA • $ow $616 MANUALDUAIP BED 1 EA *00 oho, 141p ER GAS ENGINE 1 EA WO 40.1:0 EIMIA TRACTION REAR TIRES i EA • 0000 $0.00. 1 _ 117411101616: Sub B12.30001 , les $000' $12&Vmr firer Sas 00 .92 .. Total L $12,92 ,.0.0 / . Mite i Prop:grad valfo Thm G9f21/23 L • lw. ►L Goy Purchase Proposal BOWES CREEK COUNTRY CLUB 1250 BOWES CREEK BLVD. ELGIN,IL 60124 Date Ship Via F.O.B. reams • ea/M b p_ OUR TRUClt ORGIN NET 10711 Of MONTH Canna wildascreitim Our Order Nwnber. MIKELEHMAN.. BaWE03 Description Quantity UWEPtke Amount 2024 CLUB CAR TEMPO 2.2 ELECTRIC TRANSPORT CARS _ 4 EA $$2,2$2.00 $40,00000 BLACK COLOR 4 EA $0n00 10.00E BEIGE SEATS 4 EA 10.00 $0.00 BEIGE EXTENDED CANOPY TOP 4 EA 0.00 00.00' STANDARD LIGHT PACKAGE 4 EA $0.00 , 0000 DUAL USB PORT 4 EA $0,00 FOLD DOWN REAR SEAT 4 EA 00.00 $0.00{ • Rt;arlfalkf: Sub.Tola1 $49,009.00 Tax $0.00 b4251CarRapht $1.70000� Total $5 ,108.o1 gir Date 09l01(23 Proposal issued By �JI Proposal Accepted By _ Date ,.. .. Proposal Valld Thru dM11123 NADL.ER On4F CAR SAIRa, IHC. n a ebio ws,w.r.o1N r Wvi11 Wm NAV-GOLF t• Purchase Proposal BOWES CREEK COUNTRY CLUB 1250 BOWES CREEK BLVD. ELGIN,IL emu Ds. Shlb Vla J F.O.B. Tema 09I2OQ3 OUR TRUCK I OREN NET 107W OF.MOhi H Contact I Si�.nEdes on Our OndorNunlbii LEHMAN I 4S eOWEO3l 2 Duatpdon (batty UnIt Miaunl CLUB CAR CARRYALL 1500 OAS 2 WHEEL DRIVE UTILITY 1 EA $14000.00 514.500.00 +RIVING RANGE PICKER ENCLOSURE 1 EA S5,11+00i00 $4900.00 CKER MOUNT FOR 1500 1 EA S17000 $4T0.00 r 0 HP OAS ENGINE 1 EA $0,00 $0.00 CYT CLUTCH 1 EA S0.00 $0.00 GREEN COLOR 1 LA $0.00 S0.00 GRAY SEATS i LA SSA . 50.00 EXTRA TRACTION TRAIL TIRES 1 FA S0A0 *00 Remarks: sub tisal 00470.00° Tau S0.00 S 7PWW0t►Fniphl $700A0 Total inn-MOB' Proposal Issued By Viler . C1r Date 09R023 Proposal Acaptsd By Date Proposal Valid Thru 0L120/23 NADLLA GOLF OAK SANS,INC. fpw,Niwlln• .sl4'+s Awr 07..w incur .f,DIA r 4 I1!IJDM