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Home My WebLink About24-74 Resolution No. 24-74 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH THE ARMORED GROUP, LLC FOR THE PURCHASE OF A BALLISTIC ARMORED TACTICAL TRANSPORT VEHICLE 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 The Armored Group, LLC, for the purchase of a ballistic armored tactical transport vehicle, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2024 Adopted: March 6, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 6th day of March 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and The Armored Group, LLC, a North Carolina Limited Liability Company(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 and install the goods and/or services to the City as described in the seven (7) page proposal, dated January 17, 2024, 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. 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. 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 The Armored Group, LLC, 2501 W. Dixon Boulevard, Shelby, North Carolina 28152 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,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 Two Hundred Sixty Nine Thousand Two Hundred and Ten Dollars ($269,210.00) 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. DELIVERY. Seller shall deliver the goods as described in Section 1 above within twelve(12)months of the latest date of execution of this Agreement. 12. TRADE-IN. Per Attachment A, City intends to tender its used equipment, a certain "2012 BATT S AP," to Seller once City has taken delivery of the new equipment and Seller agrees to pay to City the fair market value of such used equipment, estimated at Fifty Five Thousand Dollars($55,000.00)as of the date of the proposal included as Attachment A. 13. 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. 14. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery and installation of the goods. 15. 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, 2 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 21. 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. 3 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. THE ARMORED GROUP, LLC CITY LGIN Jeremy Johnson i Print Name Richard G. Kozal, City Manager Attest: Signature Director,Law Enforcement Division AllifA Title ity Clerk Legal Dept\Agrcement\Armored Group LI_C Purchase Agr-Ballistic Armored Vehicle 2-21-24.docx 4 ATTACHMENT A BATT - X2 04THE 1 l 1 (ARMORED 4pi GROUP 2501 W. Dixon Blvd Shelby, NC 28152 Contact: Jeremy Johnson Office: 602-840-2271 Cell: 817-291-4956 Email: jeremva.armoredcars.com Quote #: JJ240117A 11 T46 f il i ,,,„,....2..Li. , in, . . -,.. _ , ......- ..i...._. . _ , _ i 1 , 10. - - _ -4,40- ,..4. - \ r •-- ' • • • •• 0., 1r • Alegli - - at allistic rmored ili7 actical ransport CUSTOMER: Elgin Police Department Sgt. Jim Lalley 151 Douglas Ave Elgin, IL 60120 Phone: 847-289-2616 Email: lalley^j@cityofelgin.org BATT - X2 CHASSIS & MAINTENANCE SPECIFICATIONS • Ford F-600 Super Duty Commercial Chassis • 6.7L Turbo Diesel • Wheelbase: 131" • 22,0001bs GVW • Heavy Duty Steel Rims • 4-wheel drive (4X4) • Automatic transmission with overdrive • OEM in dash air conditioning, heating and defrost • Mono-beam leaf spring suspension with rear stabilizer bar • Am-Fm Stereo Radio with clock • Sealed halogen headlamps • Tilt wheel • 4.88 LTD Slip Rears • Heated and Power Mirrors • Drains, Filler Plugs, Grease Fittings, hydraulic lines, bleeders and check points for all components located so are readily accessible; Do not require special tools for servicing. ARMOR LEVEL • NIJ IV +.50 Cal Ball Ammo • 46100 Mil Spec Steel Cabin, Officer vertical panels One Piece Side Walls from Headlights to Rear of BAIT (4) CABIN DOOR DESIGN • 4 Door Design for Cabin Entry • Double Rear Doors • Front Cabin Doors offer 90° & 45° Lock Outs • Rear Doors Lock out at 90° • TAG Exclusive exterior Door Gap Protection at all doors FLOOR • Floor is armored with a blast mitigating floor WINDOWS • Bullet resistant glass-clad polycarbonate with-Low Spall Liner • 2 Piece windshield • Two (2) Front door windows • Two (2) Side Door Windows • (4) Horizontal windows in side walls • (2) Driver's Side • (2) Passenger Side • Two (2) Rear Door Windows • (1) Turret Lid View Window Above Gun Port BATT - X2 FIREWALL PROTECTION PACKAGE • Complete firewall protection against shots or blast fragmentation C17' ENGINE BAY ARMOR PROTECTION PACKAGE • Full Hood Armor Protection Package • Traditional Opening Hood .. .` if. , . FUEL TANK ARMOR • Fuel tanks include locking armored door • Armored vertical protection and skid plate on both tanks TOW HOOKS • (2) on front of BATT; (2) on rear of BATT • Hooks installed on Roof CUSTOM RUNNING BOARDS • Heavy Duty Running Boards REAR PLATFORM/STEP/BUMPER • Heavy Duty Rear Platform • Includes additional rear bumper light; Allows for bumper illumination GRAB HANDLES & REAR ROOF ACCESS • Interior grab handles for stabilization inside cabin and rear officer's area • Exterior steel grab handles for riding on running boards • Grab handles all around roof, on A Pillar, Located at all doors • Rear mounted roof access steps BATT - X2 FRONT SEATS • (2) Front seats • Driver's seat is high back adjustable • Passenger seat is high back adjustable • Covered with Heavy Duty Nylon REAR SEATING • Bench seating with enclosed under seat storage Seats are padded and have padded back rests o Cut Outs for back board slats BUCKET REAR SEATS • (2) Rearward facing flip up seats SEAT BELTS • Seat Belts for all seats GUN PORT PACKAGE • Optic Ready Gun Ports Each Cabin Door • Optic Ready Gun Port in Additional Passenger Side Door • Optic Ready Gun Port in each Rear Door • Optic Ready Gun Port Turret Lid • (2) Optic Ready Gun Ports in Driver's Side Wall • (2) Optic Ready Gun Ports in Passenger's Side Wall • (11) Total Gun Ports — All Optic Ready ROTATING ROOF HATCH • 360 Degree Rotation with multiple locking positions • Counterbalanced Roof Hatch Lid • Heavy Duty Lid Locking System • Includes view window as standard o•tion ROOF HATCH STEP • Stored Flat in Floor when not in use to allow for easy entry and exit from rear and passenger side door BATT - X2 REAR HVAC and REAR COOLING SYSTEM • Large Additional rear Air Conditioning and Heating unit mounted in rear officer's area for additional cooling and heating BASE INSULATION PACKAGE • Dual Layer Ceramic-Based Insulated Coating BATT V OFF ROAD UPGRADE PACKAGE & 335/80R20 QUAD TIRE/RIM PACKAGE UPGRADE • Includes Conversion to Single Rear Wheel 20" Rim and Tires (385/80R20 Off Road Tires) Suspension System -Heavy Duty Off Road Shocks Designed for Armored Vehicles -Installed on Front and Rear of BATT; Increases stability and ruggedness -Front Coils Upgraded - Rear Suspension has Additional Leafs Installed for support -Upgraded Bump Stops at all Wheel Positions (Front & Rear) -Heavy Duty Sway Bars Added • Upgraded Suspension to improve handling and maneuverability Includes upgraded steering stabilizer, sway bars, shocks, springs RUN FLAT TIRE PACKAGE • Includes addition of 4 Hutchinson static mounted run flats • Rated for Km/h for distance of 50 km, if tire is punctured (dependent on terrain) CONTROL SYSTEM • All Switches have Backlit Control Panel for ease of reading at night • Easy to read and use by both driver and passenger • All wiring performed to work in high heat, dusty, and sandy environments EMERGENCY SYSTEM & ELECTRICAL • LED Emergency Lights in Grill and on Rear of Unit (Red and Blue) • Multi Sound Horn/Siren with 100W Speaker 12) REMQTE CONTROL SPOT LIGHTS • (2) Remote Control LED Go Lights Installed on front corners of BATT • (2) Pre Cut Locations for Remote Control LED Go Lights on rear corners INTERNAL LIGHTING • Red/White Internal ceiling mounted lights • Allows for either White or Red or Both; Master switch in cabin; Also can control light from seat 3 0 BATT - X2 BACK-UP CAMERA • Color Back Up Camera with Color Monitor EXHAUST FANS • 2 Exhaust fans installed in rear compartment BATTERING RAM • TAG Base Manual Battering Ram • Stores on Side of BATT when not in use PRE-CUT OPTIONS ON BATT— X2 • 2 Spotlights Rear of Unit • Winch Cut-Out in Bumper • Intercom System PAINT • Exterior • Blue (Like Lakewood PD Example) • Interior • Gray Paint ADDED OPTIONS • Heated Windshields • Kussmaul Auto Charger with Battery Charger and Auto Eject • Side Emergency Lights (4 Lights Per Side of BATT) • Double Stack LED White Light Bar on Front of BATT Roof • Radio Prep Package BATT - X2 PRICING BATT — X2: $269,210.00 2012 BATT S AP Trade: ($55,000.00) *Price does not include any applicable taxes *Price does not include freight *Trade number for BATT S AP can be adjusted if vehicle sustains damage from call outs or requires major maintenance item(s) before it is traded to TAG 1? )7L-7----. January 17, 2024 , 2024 Jeremy Johnson Authorized Signature Director, Law Enforcement Division Elgin Police Department The Armored Group, LLC ARMOR WARRANTY Armor Basic 24 Months/Unlimited Miles