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Home My WebLink About24-84 Resolution No. 24-84 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH FIRE SERVICE, INC. FOR THE PROCUREMENT OF A WHEELED COACH AMBULANCE AND APPURTENANCES THERETO 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 Fire Service, Inc., for the procurement of a Wheeled Coach Ambulance and appurtenances thereto, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2024 Adopted: March 20, 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 20th day of March , 2024, by and between the City of Elgin, Illinois, a municipal corporation (herein referred to as "City") and Fire Service, Inc., an Indiana corporation, (herein referred to as"Fire"or"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 Fire shall sell the goods and/or services described in the Fire Services,Inc.,proposal dated February 19,2024,consisting of three(3)pages,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. 3. CONFLICT. In the event of any conflict between any of the terms and provisions of this purchase agreement and Attachment A hereto,the terms and provisions of this purchase agreement shall supersede and control. 4. 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,without jury. SEC 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 Fire agrees that service by first class U.S. mail to Jeff Meyer, Fire Service, Inc., 9545 North Industrial Drive, Saint John, Indiana 46373 shall constitute effective service. 5. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 6. 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. 7. INTEREST. Fire 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. 1 8. 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. 9. 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, Fire 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. Without limiting the foregoing, Fire hereby certifies, represents, and warrants to City that all of Fire's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Fire shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this agreement.City shall have the right to audit any records in the possession or control of Fire to determine Fire's compliance with the provisions of this section. In the event City proceeds with such an audit, Fire shall make available to City, Fire's relevant records at no cost to City. City shall pay any and all costs associated with any such audit. 10. PAYMENT. City shall pay Three Hundred Ninety-Eight Thousand One Hundred Twelve and 00/100 Dollars ($398,112.00) pursuant to Attachment A within thirty (30) days of delivery and acceptance, or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes, which shall be at Fire's sole expense. The City is a tax-exempt governmental entity. 11. TERMS OF PAYMENT. a) F.O.B Elgin,Illinois. Zero down payment,full payment upon delivery via wire transfer or municipal check. b) The purchase price payment reflects U.S. dollars and does not include any authorized change orders which, if applicable, shall be paid at time of final inspection and signed acceptance. c) The ambulance and equipment covered by this contract shall remain the property of Fire and shall not be placed in service until the full contract price has been paid. 12. DELIVERY. The expected delivery of the vehicle is approximately forty (40) months from the date of order. The vehicle shall be inspected and delivered within seven(7)days of notice that the vehicle has been completed. 13. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties are included as part of this purchase agreement, and shall apply to all goods, accessories and components to the benefit of the City. 2 14. LIMITATION OF DAMAGES. Notwithstanding anything to the contrary herein, 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 resulting from loss of profit. 15. 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. 16. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to City upon delivery of the goods. All transportation and delivery costs shall be at Fire's sole expense. 17. CHANGE ORDERS. Changes to the contract may be requested by either party hereto after the execution of this contract. Changes shall be reviewed for cost and schedule impact by both parties.Changes shall be sequentially numbered. The price of the apparatus shall be adjusted to take into account any change orders. Any and all change orders may extend the completion and delivery of the ambulance. 18. SPECIFICATIONS. Fire agrees that all material and workmanship in and about this apparatus shall comply with the proposal set forth in Attachment A and generally described as follows: (1)2026 Ford F550 Wheeled Coach 1170 Diesel Ambulance Per Specifications. 19. CANCELLATION.This contract is subject to cancellation by City only upon payment to Fire of reasonable cancellation charges, which shall take into account expenses already incurred and commitments made by Fire. 20. ENTIRE AGREEMENT.This Agreement, including its appendices,embodies the entire understanding between the parties relating to the subject matter contained herein and merges all prior discussions and agreements between them. No agent or representative of Fire has authority to make any representations, statements, warranties, or agreements not herein expressed and all modifications of amendments of this agreement, including any appendices, must be in writing signed by an authorized representative of each of the parties hereto. No surety of any performance bond given by Fire to City in connection with this Agreement shall be liable for any obligation of Fire arising under the standard warranty. 3 IN WITNESS WHEREOF,City and Fire have caused this contract to be executed by their duly authorized representatives this 20th day of March , 2024. FIRE SERVICE, INC. C ' ELGIN Jeff Meyer Richard G. Kozal,City Manager Signature I Attest: Ambulance Sales - Northern IL City Clerk Title 4 )/F--4/te' SeiLVAZt' � Ii . Chief Cagann Elgin Fire Department 150 Dexter Ct. Elgin,IL 60120 February I9,2024 Chief Cagann, Thank you for allowing us the opportunity to work with you on this project.I have quoted for you the Wheeled Coach 1170 on a Ford F550 4x4 Diesel chassis.The unit has been upgraded to include the lights according to your configuration, Stryker Power Load,and custom interior design.The chassis model year may change depending on the timeframe of your decision and the manufacturer's build schedule.Please pay special attention to the times and disclosures that are included in this proposal. Here are the proposed estimates that you requested.Proposal expires on March 21,2024. Ambulance-Diesel 2026 Ford F550 WC 1170 Diesel per attached specs each $398,112.00 Net Amount Each Ambulance $398,112.00 Net Amount March 22—April 20,2024 $418,494.00 * Due to the uncertainty within Ford manufacturing,we will honor the price of this bid,although any changes to Ford GPC concessions applied to this quotation or change to model year availability by Ford cannot be the responsibility of the seller.Proof of Ford concession changes, if applicable will be provided,for the purchaser to validate.Purchaser will be responsible for the OEM cost changes after the date of this proposal. *Components and Vendor Supplied Items included in the contract price(Stretchers,Equipment Mounts,etc.)are subject to inflationary price increases unless prepaid by the customer. Terms:Zero down FOB Winter Park,FL.Payment by wire transfer or corporate check at delivery. Delivery timetable:Expected delivery is 40 months from date of order.Due to the current and ongoing restraints of the Chassis manufacturers and the Upfitters(Manufacturers)to control supply chain materials outside of their control,The Company will advise the Buyer at each stage of the process,and establish tentative timelines only after,the receipt and signed acceptance of this contract at the REV Ambulance Group Orlando Corporate Headquarters,Winter Park,FL.,the confirmation of the build order and the arrival of customer chassis. The Company cannot be held liable for penalties and/ or delays due to strikes,failures to obtain materials,fires,accidents,force majeure,global pandemic or any other causes beyond the Company's control. I am confident that when we work together,we will be able to meet your needs to perform your jobs,but also stay fiscally responsible for the taxpayer. Thanks again and I look forward to working with you Jeff Meyer,Ambulance Sales Rep Jmcvcr'A irescrviccinc.com cell:224-828-I 597 cjalci -crchvicc -Pahti -e4ui/+.m.cict-T7ocia-vkmi -'�hnutL.6! 1-800-578-4287 1-44e. Exhibit A Factory installed options that were requested Ior build: [x ]—Increased Warranty [ x]—Increased Headroom [ I—Increased/Decreased Length [ ]—Curbside Door Forward Design [x ]—Upgraded Insulation [x ]—Drop Skirt [x ]—Custom Compartments [x ]—Upgraded Compartment Lighting [x 1—SCBA Brackets [ I—Equipment Hooks [ ]—Electric 02 Lift [x ]—Custom Interior Cabinets [x ]—Altered Squad Bench Area [ ]—MultiPlex Electrical System [x 1—Airhoms [ ]—Upgraded Warning Lights 1 ]—Hi-Viz Brow Lights [x ]—Additional Lights.Other (x ]—Inverter [x ]—Cool Bar [x ]—Power Load [ ]—Power Load Pre-Wire [x ]—Paint,other than white [ ]—Decals [ ]—Chevron Other Miscellaneous Items:Back-up camera,additional power sources.Black-out package.custom antenna package cralcl -cchvicc -Paht1 -£quy..,...wf.t-Vit2j- ..A -g",1.aLE;,t 1-800-578-4 2B1 rvIcceivt/Aze., 1444. Exhibit B Items supplied,installed or furnished by Fire Service Inc. [ ]—Radio Installation [ ]—Knox Box Installation [ ]—Power Load Installation/Swap [ ]—Power Cot—if selected,priced separately [ ]—Stair Chair—if selected,priced separately [ ]—Mounting Brackets [x ]—Other:Full Chevron J LC3 -eckan.cC -Pay'.E.i -EgUip-FI CsLt-MI-4-CO mt -J�c2UlUlg 1-800-57B-4287