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Home My WebLink About24-76 Resolution No. 24-76 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH CURRIE MOTORS FRANKFORT, INC. FOR THE PURCHASE OF TWO FORD TRANSIT 350 CARGO VANS BE IT 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 Currie Motors Frankfort, Inc., for the purchase of two Ford transit 350 cargo vans, 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 Currie Motors Frankfort, 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 nine (9) page proposal, dated February 10, 2024, attached hereto and made a part hereof as Attachment A, and as provided by the Suburban Purchasing Cooperative Contract#207, incorporated herein by reference(the"SPC 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 SPC Agreement. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the SPC 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 SPC Agreement,Attachment A 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 Julie P. Sieracki, 8401 Roosevelt Road, Forest Park, Illinois 60130 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 One Hundred Ten Thousand Nine Hundred Eighty Two Dollars ($110,982.00) 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. 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. 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 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 a 2 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. CURRIE MOTORS FRANKFORT, INC. (' " ' ELGIN Tom Sullivan 144/— Print Name Richard G. Kozal,City Manager fiomaa-aze Attest: Signature CAM ,4)/1( Title City Clerk Legal Dept\Agreemcnt\Purchase Agreement-Curtis Motors-2024 Ford Transit 350 Cargo 2-2I-24.docx 3 ATTACHMENT A Prepared for: , City Of Elgin 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level: 425 Client Proposal Prepared by: THOMAS SULLIVAN Office: 815-464-9200 Quote ID: ElginTrans Date: 02/10/2024 CaiedCurrie Commercial Center 110125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 1 Prepared for: City Of Elgin Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level: 425 I Quote ID: ElginTrans Major Equipment As Configured Vehicle MSRP (Based on selected options, shown at right) Exterior: Agate Black Metallic STANDARD VEHICLE PRICE $54,630.00 10-speed automatic Interior: Dark Palazzo Gray wNinyl Front Order Code 101A N/C Bucket Seats Engine: 3.5L PFDi V6 Flex-Fuel Included * 16 x 6.5-inch front and rear silver steel wheels * Front tires LT load rating: C Transmission: 10-Spd Automatic w/OD &SelectShift Included * LT235/65RS16 AS BSW front and rear tires * Overdrive transmission * Lock-up transmission * Transmission electronic control GVWR. 9,500 lb Included * Alternator Amps: 250A * Stainless steel single exhaust Tires: 235/65R16C 121/119 R AS BSW Included * All-speed ABS and driveline traction control * Lead acid battery Wheels: 16"Silver Steel w/Silver Hubcaps Included * Battery run down protection * Fuel tank capacity: 25.10 gal. Vinyl Front Bucket Seats Included * Connected Navigation integrated navigation * 12 inch primary LCD display system with voice activation Dark Palazzo Gray Vinyl Bucket Seats Included * Steering wheel mounted audio controls * Wireless audio streaming Monotone Paint Application STD * AM/FM stereo radio * Seek scan * SYNC 4 external memory control * Vehicle body length: 237.6" 148"Wheelbase STD * Wheelbase: 148.0" * Interior cargo length: 143.7" Fleet Customer Powertrain Limited Warranty N/C * Standard ride suspension * Power door mirrors 50-State Emissions System STD * Heated driver and passenger side door mirrors * Power folding door mirrors 3.73 Limited-Slip Axle Ratio Included * Daytime running lights * Light tinted windows * Variable intermittent front windshield wipers * Ford Co-Pilot360 w/Side Wind Stabilization Agate Black Metallic $200.00 electronic stability control system with anti roll Dark Palazzo Gray wNinyl Front Bucket Seats N/C * Driver front impact airbag * Seat mounted side impact driver airbag * Cancellable front passenger air bag * Seat mounted side impact front passenger 2 Additional Keys(4 Total) $75.00 airbag Side Sensing System $480.00 * Airbag occupancy sensor * 6 airbags Blind Spot Assist 1.0 w/43F/43S/94A/94B/47D $595.00 Pnces and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing.availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information 2 Prepared for: (c-.d) City Of Elgin Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 1 10125 W. Laraway Frankfort Illinois 160423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level: 425 I Quote ID: ElginTrans Major Equipment _ As Configured Vehicle MSRP * SecuriLock immobilizer * Automatic climate control Radio: AM/FM Stereo w/SYNC 4 $930.00 * Bucket front seats * Driver seat with 4-way directional controls High Resolution Digital Camera N/C * Front passenger seat with 4-way directional * Height adjustable front seat head restraints controls Electronic Air Temperature Control Included * Manual front seat head restraint control Driver seat armrest Short-Arm Pwr-Folding Heated Pwr Adjusting Mirrors Included * Manual reclining driver seat * Manual driver seat fore/aft control * Manual reclining passenger seat * Manual passenger seat fore/aft control Reverse Sensing System Included * Vinyl front seat upholstery * Vinyl front seatback upholstery Front Sensing System Included * 4-wheel disc brakes * 4-wheel antilock (ABS) brakes Front Fog Lamps Included * Electronic parking brake * Brake assist system Daytime Running Lights $45.00 * Hill start assist Aux Heater&A/C Prep Pkg w/o Rear Controls $100.00 SUBTOTAL $57,055.00 Fuel Economy Destination Charge $2,095.00 City B Hwy TOTAL S59,150.00 N/A N/A Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information, 3 Prepared for: City Of Elgin Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 110125 W.Laraway Frankfort Illinois j 60423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level:425 I Quote ID: ElginTrans As Configured Vehicle Code Description MSRP Base Vehicle W2Y Base Vehicle Price (W2Y) $54,630.00 Packages 101A Order Code 101A N/C Includes: -Engine:3.5L PFDi V6 Flex-Fuel Includes port injection. -Transmission:10-Spd Automatic w/OD&SelectShift Includes auxiliary transmission oil cooler. -3.73 Limited-Slip Axle Ratio -GVWR:9,500 lb - Tires:235/65R16C 121/119 R AS BSW -Wheels: 16'Silver Steel w/Silver Hubcaps Includes exposed lug nuts. -Dark Palazzo Gray Vinyl Bucket Seats Includes 2-way manual driver seat,2-way manual passenger seat and driver armrest only. -Vinyl Front Bucket Seats Powertrain 998 Engine: 3.5L PFDi V6 Flex-Fuel Included Includes port injection. 44U Transmission: 10-Spd Automatic Included w/OD& SelectShift Includes auxiliary transmission oil cooler. STDGV GVWR: 9,500 lb Included Wheels & Tires STDTR Tires: 235/65R16C 121/119 R AS Included BSW 641 Wheels: 16" Silver Steel w/Silver Included Hubcaps Includes exposed lug nuts. Seats & Seat Trim V Vinyl Front Bucket Seats Included 21G Dark Palazzo Gray Vinyl Bucket Included Seats Includes 2-way manual driver seat,2-way manual passenger seat and driver armrest only. Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 4 Prepared for: City Of Elgin Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level:425 I Quote ID: ElginTrans As Configured Vehicle (cont'd) Code Description MSRP Other Options PAINT Monotone Paint Application STD 148WB 148"Wheelbase STD 55D Front Fog Lamps Included Auxiliary lamps that are generally integrated into the front fascia and designed to help illuminate the roadway during poor visibility. 58B Radio:AM/FM Stereo w/SYNC 4 $930.00 Includes 12"multi-function display,Bluetooth,dual USB ports,embedded voice recognition. connected navigation(90-day trial)and 4 speakers(front). Includes: -Electronic Air Temperature Control 86F 2 Additional Keys(4 Total) $75.00 Includes key fobs. 65A_ Blind Spot Assist 1.0 $595.00 w/4 3 F/4 3 S/94 A/94 B/4 7 D Includes Blind Spot Information System(BLIS)with Cross-Traffic Alert and trailer coverage.Blind Spot Assist 1.0 combines Blind Spot Information System(BLIS)with lane keeping aid to provide a visual warning and resistive steering torque to prevent a collision should an object be recognized in the vehicles blind spot while changing lanes. Includes: -Short-Arm Pwr-Folding Heated Pwr Adjusting Mirrors Includes turn signals. 61 E High Resolution Digital Camera N/C 43R Reverse Sensing System Included 94A Side Sensing System $480.00 Works similar to the reverse sensing system,as it sounds a tone when the vehicle gets close to surrounding vehicles and other objects. Includes: -Reverse Sensing System -Front Sensing System -Front Fog Lamps Auxiliary lamps that are generally integrated into the front fascia and designed to help illuminate the roadway during poor visibility. 62C Aux Heater&A/C Prep Pkg w/o Rear $100.00 Controls Includes stub lines for delivery of coolant/refrigerant for easy addition of an aftermarket rear heater and A/C system.Requires aftermarket up fit of a climate control system. Fleet Options Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 5 Prepared for: City Of Elgin Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level:425 I Quote ID: ElginTrans As Configured Vehicle (cont'd) Code Description MSRP 942 Daytime Running Lights $45.00 Requires valid FIN or dealer code. Provides enhanced vehicle visibility during daylight conditions. WARANT Fleet Customer Powertrain Limited N/C Warranty Requires valid FIN code. Ford is increasing the 5-year 60,000-mile limited powertrain warranty to 5-years, 100,000 miles. Only Fleet purchasers with a valid Fleet Identification Number(FIN code)will receive the extended warranty. When the sale is entered into the sales reporting system with a sales type fleet along with a valid FIN code,the warranty extension will automatically be added to the vehicle. The extension will stay with the vehicle even if it is subsequently sold to a non-fleet customer before the expiration. This extension applies to both gas and diesel powertrains.Dealers can check for the warranty extension on eligible fleet vehicles in OASIS.Please refer to the Warranty and Policy Manual section 3.13.00 Gas Engine Commercial Warranty. This change will also be reflected in the printed Warranty Guided distributed with the purchase of every new vehicle. Emissions 425 50-State Emissions System STD Exterior Color UM_01 Agate Black Metallic $200.00 Interior Color VK_01 Dark Palazzo Gray wNinyl Front N/C Bucket Seats Upfit Options 2023-008 License and Title Fees $203.00 Doc Fee Title Fee License Plates SUBTOTAL $57,258.00 Destination Charge S2,095.00 TOTAL S59,353.00 Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 6 Prepared for: City Of Elgin Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level: 425 I Quote ID: ElginTrans Warranty Standard Warranty Basic Warranty Basic warranty 36 months/36,000 miles Powertrain Warranty Powertrain warranty 60 months/60,000 miles Corrosion Perforation Corrosion perforation warranty 60 months/unlimited Roadside Assistance Warranty Roadside warranty 60 months/60,000 miles Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 7 Prepared for: Cc5ei City Of Elgin Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level: 425 I Quote ID: ElginTrans Pricing Summary - Single Vehicle MSRP Vehicle Pricing Base Vehicle Price $54,630.00 Options S2,225.00 Colors S200.00 Upfitting S203.00 Fleet Discount $0.00 Fuel Charge $0.00 Destination Charge $2,095.00 Subtotal $59,353.00 Discount Adjustments Discount Adjustments -$3,862.00 Total $55,491.00 Customer Signature Acceptance Date Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 8 Prepared for: City Of Elgin �� Prepared by: THOMAS SULLIVAN 02/10/2024 Currie Commercial Center 110125 W. Laraway Frankfort Illinois 160423 2024 Transit-350 Cargo AWD Low Roof Van 148" WB Base (W2Y) Price Level: 425 I Quote ID: ElginTrans Pricing Summary - Multiple Vehicles Vehicle Quantity: 2 MSRP Vehicle Pricing Base Vehicle Price S109,260.00 Options S4,450.00 Colors $400.00 Upfitting $406.00 Fleet Discount $0.00 Fuel Charge $0.00 Destination Charge $4,190.00 Subtotal $118,706.00 Discount Adjustments Discount Adjustments -$7,724.00 Total $110,982.00 Customer Signature Acceptance Date Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 9