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Home My WebLink About24-40 A rt Mayor David J. Kaptain jih City Council Corey D. Dixon E LG I N Dustin R. Good Rosamaria Martinez THE CITY IN THE SUBURBS' Anthony Ortiz Tish S. Powell Carol J. Rauschenberger F.John Steffen Steven F.Thoren City Manager To: Rick Kozal, City Manager Richard G. Kozal From: Aaron Neal, Public Works Director Re: Fleet Purchase Agreement Execution Request Date: October 10, 2024 Attached for your execution are six(6) purchase agreements drafted by our legal department towards the procurement of two (2) vehicles and their respective upfits as well as two (2) upfitting purchases for previously procured 2024 vehicles. The vehicles and upfitting is included within the 2024 resolution for vehicle and equipment procurements approved by the city council on February 28th, 2024. The resolution allows the city manager to execute agreements throughout the year for vehicle and equipment procurement. I've attached the resolution which lists all 2024 equipment approved for procurement. Highlighted within the resolution are the vehicles in which you will be executing contracts for in this instance. In speaking with Deb, funds are available for each of the agreements. Pt)Snow and Ice Vehicle-Chassis Lindco $105,711.00 $)Snow and Ice Vehicle- Upfit Lindco $163,811.00 0 Meter Shop Van - Upfit Sauber Mfg Co $58,602.00 V6. Sign Truck - Upfit Sauber Mfg Co $81,908.00 Utilities Flab Bed - Chassis Truck Centers, Inc. $97,614.00 v Utilities Flat Bed- Upfit Sauber Mfg Co $37,965.00 Total $545,611 150 Dexter Court,Elgin, IL 60120 847-931-6001 www.cityofelgin.org Resolution No. 24-40 RESOLUTION AUTHORIZING 2024 VEHICLE AND EQUIPMENT PROCUREMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that due to continuing supply constraints within the motor vehicle industry the City Council has determined that an exception to the procurement ordinance is necessary and in the best interest of City in connection with 2024 fleet vehicle and equipment procurements to maintain timely service delivery for core fleet vehicles. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager is hereby authorized to proceed with 2024 fleet vehicle and equipment procurements for the vehicles and equipment set forth in Exhibit A attached hereto and made a part hereof by this reference, in the total amount not to exceed $2,727,768, and that the City Manager is hereby further authorized to execute all necessary and required contracts and other documents for the purchase of such vehicles and equipment in forms as approved by the Corporation Counsel. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that the City Manager is directed to submit to the City Council a year-end written report prior to the end of 2024 reporting on all procurements for 2024 fleet vehicle and equipment purchase pursuant to the authorization provided in this resolution. s/ David J. Kaptain David J. Kaptain, Mayor Presented: February 28, 2024 Adopted: February 28, 2024 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A 2024 Vehicle Procurements _ Description iSnow and Ice Veinal Snow and Ice Vehicle Utilities-Vactor Utilities- Excavator and Trailer Utilities- Lead Extractor LM - Field Tractor(1) LM - Field Tractor(2) Public Works- Equipment General Fleet Replacement Utilities-6 Wheel Dump 111111111111111.111 Land Management-1 Ton Dump Truck Land Management-1 Ton Dump Truck Land Management-1 Ton Dump Truck Land Management-Ford Pick Up- F350 Land Management-Ford Pick Up- F350 Land Management- Ford Pick Up- F350 Golf Operations- Ford Pick Up - F350 Utilities-Ford Transit Van PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 1O` "day of Oc&D\eter 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Lindo Equipment Sales Division of Viking-Cives, (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 2 page proposal,dated July 29,2024 ,attached hereto and made a part hereof as Attachment A, and as provided by the Sourcewell Contract 062222-VCM , incorporated herein by reference(the"Sourcewell Agreement"). 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 and the Sourcewell Agreement. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the Sourcewell Agreement,or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the Sourcewell Agreement, Attachment A 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 2168 East 88'h Drive, Merrillville, IN 46410 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,el 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, nondiscrimination 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 and Five Thousand Seven Hundred and Eleven Dollars ($ 105,71 1.00 )within thirty (30) days of delivery 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 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. 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, are 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. 2 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. LIMITATION 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. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race,color, religion,sex,national origin,age,ancestry,order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. 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. IN WITNESS WHEREOF,the Parties have hereto set their hands the day and year first above written. 1-;yac0 Elimpyvignif Saks C ELGIN VALbOO rin ame Richard G. Ko , ity n g Attest: Signature Title City Clerk Legal Dept\Agreement\LindCo Purchase Agr-2025 Freightliner108SD-10-I-24.docx 3 ATTACHMENT A jan/7C° QUOTATION Equipment Sales �� Quote Number. 240592C-SWL DIVISION OF VIKWG-GIVES GROUP Sourcewell„w1 Quote Date: Jul29,2024 Page: 1 2168 East 88th Drive Merrillville, Indiana 46410 Voice: (219)795-1448 Viking-Gives#062222-VCM Fax: (219)736-0892 Quoted To: CONDITIONS OF QUOTE Elgin,City of >Quotes are only valid for 30 days from date of quote. 1900 Holmes Rd >Quotes past 30 days must be requoted. Elgin,IL 60123 >25%restocking fee on al cancelled and returned orders. USA Customer 15 I Good Thru j Payment Terms I Sales Rep_ Elgin-01 j 8/28/24 Net 30 Days 51622 Quantity J Rem Desaipdon SOURCEWELL CONTRACT: CONTRACT HOLDER: Viking-Clues CONTRACT NUMBER: 062222-VCM Ii CONTRACT MATURITY DATE: 08/15/2026 CONTRACT NUMBERS: SW-CH0200,SW-TK0554 SOURCEWELL MEMBER: MEMBER NUMBER:25158 MEMBER:City of Elgin CONTACT:Bob Lenhart PHONE: 847-774-3841 E-MAIL: lenhart r@ctyofelgin.org TERMS OF QUOTE: { "'Due to the supply chain issues the folowing applies.'" 'All quotes are only valid for thirty(30)days from date of quote. CHASSIS PAYMENT TERMS: •Ordered chassis must be paid for within 30 days of delivery to Lindco. •In stock chassis must be paid for within 30 days of receiving your purchase order. 'All chassis are subject to price Increases up until time of delivery to Lindco. Subtotal Continued Sales Tax Continued 25% Restock Fee on All Canceled and Returned Orders i TOTAL I _ Continued �rL mt.° QUOTATION Quote Number: 240592CSWL Equipment Sales DIVISION OF VIKING-GIVES GROUP Sourceweii Quote Date: Jul29,2024 Page: 2 2168 East 88th Drive A‘yr) • fr.Ki Merrillville, Indiana 46410 Voice: (219)795-1448 Viking•Cives#062222-VCM Fax: (219)736-0892 Quoted To: E SRM &CONDrTIONS OF QUOTE Elgin,City of >Quotes are only valid for 30 days from date of quote. 1900 Holmes Rd >Quotes past 30 days must be requoted. Elgin,IL 60123 i>25%restocking fee on al cancelled and returned orders. USA Customer ID Good Thru 1 Payment Terms J Sales Rep Elgin-01 8/28/24 I Net 30 Days ! 51622 Quantity I Iltsm Description ESTIMATED DELIVERY TIME FRAME: +'Allow approximately 300-400 days for chassis to be In stock at Lindco after receiving your purchase order. "'Based on supply chain Issues all of the above estimated time frames are subject to change."' 'SUMMARY OF QUOTE: SOURCEWELL TOTAL PRICE: ........,..«........«......,..• SOURCEWELL CHASSIS: 1.00 12025 Freightliner 108SD Single Axle I'Cummins L9 350 HP *Allison 3000 RDS Automatic Transmission with PTO Provision !*196"Wheelbase ' 130.32"CA *To be ordered from Truck Centers • 1 ;IF Subt 105.711.00 Sales Tax 25%Restock Fee on All Canceled and Returned Orders TOTAL 105 711.00