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Home My WebLink About24-75 Resolution No. 24-75 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MAVRON, INC. FOR THE OUTFITTING 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 Mavron, Inc., for the outfitting 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 Mavron, Inc., an Indiana 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 and install the goods and/or services to the City as described in the two (2) page proposal, dated January 16, 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 Indiana. 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 Kosciusko County, Indiana. City hereby irrevocably consents to the jurisdiction of the Circuit Court of Kosciusko County, Indiana 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 Mavron, Inc., 152 S. Zimmer Road, Warsaw, Indiana 46580 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 WIT11 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 Forty Thousand Eighty Eight Dollars ($40,088.40) within thirty (30) days of delivery and installation or City's receipt of invoice, whichever is later. The City of Elgin is a tax-exempt governmental entity. 11. DELIVERY. Seller shall deliver the goods as described in Section 1 above within six(6)months of its receipt of vehicle. 12. 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. 13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery and installation of the goods. 14. 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. 15. WARRANTY. All applicable warranties,including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for 2 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. 16. 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. 17. 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. 18. 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. 19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 20. 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. MAVRON, INC. CI LOIN tdri Sheal A Dirck Print Name Richard G. Kozal,City Manager 1t/(4 J Attest: Sure President Title ity Clerk Legal Dept Agreement\Mavron Purchase Agr-Prisoner Transport Equip-2-23-24.dooc 3 Attachment A MAVRON,INC. 152 S Zimmer Rd 01r WarsawIN46580 Estimate # Q14882 (800)551-1498 Customer: Invoice Address: Shipping Address: Elgin Police Department,Mike Elgin Police Department Customer Pick Up Bayard 151 Douglas Ave Elgin IL 60120 (847)289-2574 Total: $ 40,088.40 Payment Terms:Net 30 Days Quotation Date: Expiration: Production End User: Salesperson: 01/16/2024 02/15/2024 Timeline: Elgin Police Terri Lambright 180 Days Receipt of Department,Mike Chassis and Signed Bayard Quote Item Description Quantity Unit Price Amount 3M22007 PTB-348-10-48"H x 10'L Three Compartment Bolt-Together 1.00 $24,838.80 $24,838.80 (11)Person Prisoner Insert Includes: 2-Viewing Window/Emergency Exits,Recessed Compartment Lighting,Ducting for Ventilation into Each Compartment,Fold-Up Rear Steps,Fold-Up Side Steps,Prisoner Hand Holds,Non-Skid Seat Strips,Seat Belts FOR INSTALLATION INTO CUSTOMER PROVIDED:Ford Transit 250/350 148"WB LOW ROOF Cargo Van 3M53004 Installation of(1)Prisoner Safety Bar 2.00 $2,106.00 $4,212.00 installed 1 in each rear compartment 3M34015 Auxiliary Heat/AC-Installed 1.00 $3,584.40 $3,584.40 3M33009.P&R Installation of: 1.00 $4,496.40 $4,496.40 Insulation;Trim Panels;Seams Sealed;Carpeted Cab Wall;Marine Blower;Roof Vent **Leave Rear Trim Pieces Screwed in Place&Unsealed for Customer to Install Lighting** Send a Tube of Silaprene +1(800)551-1498 I sales@mavron.com I https://www.mavron.com/135-1294067 Page: 1 of 2 MAVRON,INC. r�l 152 S Zimmer Rd Warsaw IN 46580 Estimate # Q14882 (800)551-1498 3M36005 LED Loading/Work Light 2.00 $330.00 $660.00 -installed atop Side&Rear Entry Door ********ADDITIONAL REQUESTED OPTIONAL EQUIPMENT******** 3M58006 3 Station Intercom System 1.00 $1,320.00 $1,320.00 1-Master,3 Call Stations 8M 10000 Labor&Materials for the installation of Customer Supplied 4.00 $180.00 $720.00 Cameras 3M33011 Installation of PVC Wiring Conduit Along the Driver Side 1.00 $256.80 $256.80 NOTE: 1)Leave Rear Trim Panels Screwed in Place&Unsealed for Customer to Install Additional Lighting. 2)Install Customer Supplied Camaras,Running Wires into Cab Area,on Driver's Side of Wall. Please call to discuss Vehicle Specifications prior to Total $40,088.40 ordering your new vehicle Pricing subject to change.A Quote will be provided when customer supplied vehicle arrives at MAVRON facility. Signing the Estimate will place your conversion on our prodution schedule. XXXXXX k 19EXafs)QXXXX(J&J&J&XXXMAXXXXX Shipping Codes:General-BAC# 135690 I Ford-88MZ69 I Dodge-T-0838 APPROVAL Customer Name Print Customer Signature Purchase Order No +1(800)551-1498 I sales@mavron.com I https://www.mavron.com/ 35-1294067 Page:2 of 2