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Home My WebLink About24-86 Resolution No. 24-86 RESOLUTION AUTHORIZING EXECUTION OF A FIRST EXTENSION OF AGREEMENT WITH 120 WATER AUDIT, INC. DB/A 120WATER FOR PROFESSIONAL SERVICES IN CONNECTION WITH LEAD MITIGATION MEASURES, INCLUDING WATER PITCHER FILTER DISTRIBUTION AND WATER SAMPLING 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 First Extension of Agreement on behalf of the City of Elgin with 120 Water Audit,Inc.d/b/a 120Water,for professional services in connection with lead mitigation measures, including water pitcher filter distribution and water sampling, 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 FIRST EXTENSION OF AGREEMENT THIS FIRST EXTENSION OF AGREEMENT (hereinafter referred to as the "First Extension Agreement") is hereby made and entered into this 20th day of March 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and 120 Water Audit, Inc. d/b/a 120Water, a Delaware corporation authorized to do business in the State of Illinois(hereinafter referred to as"120Water"). WHEREAS, the City and 120Water hereto have previously entered into an agreement dated February 22, 2023 (hereinafter referred to as "Original Agreement"), wherein the City engaged 120Water to furnish certain services in connection with lead mitigation measures, including water pitcher filter distribution and water sampling(the "Subject Services"); and WHEREAS, the term of the Original Agreement terminated on February 21, 2024; and WHEREAS,the parties have determined it to be in their mutual best interests to extend the term of the Original Agreement for an additional one-year term upon the same terms and conditions of the Original Agreement, subject to the additional services and price adjustments provided for herein; and WHEREAS, 120Water represents that it is in compliance with any applicable Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such Subject Services upon the terms and conditions set forth herein below. WHEREAS, the changes provided to the Original Agreement in this First Extension Agreement are germane to the Original Agreement as signed, and this First Extension Agreement is in the best interest of the City and authorized by law. NOW,THEREFORE,for and in consideration of the mutual undertakings provided herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made part of this First Extension Agreement as if fully recited herein. 2. The parties agree to extend the term of the Original Agreement for an additional one-year term,which shall be deemed to have commenced on February 22, 2024, and which shall terminate on February 21, 2025, under the same terms of the Original Agreement except as expressly provided for in this First Extension Agreement. 3. For the purposes of this First Extension Agreement, Attachment B of the Original Agreement shall be deleted in its entirety,and the two-page proposal prepared by 120 Water,dated February 21, 2024, entitled Renewal Order Form 2024, attached hereto as Attachment B — First Amendment, shall be substituted therefore. 1 4. That except as amended by this First Extension Agreement the Original Agreement, shall remain in full force and effect. 5. That in the event of any conflict between the terms of the Original Agreement and the provisions in this First Extension Agreement,the provisions of this First Extension Agreement shall control. 6. This First Extension 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 First Extension Agreement may be executed electronically, and any signed copy of this First Extension Agreement transmitted by facsimile machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this First Extension Agreement transmitted by facsimile machine or e-mail shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the undersigned have entered into and executed this Second Extension Agreement as of the date and year first written above. CITY OF ELGIN 120 Water Audit, Inc. By: City Manager Its(insert title)Vice President of Sales Attest: Attest: Q•p -- City lerk Chief Experience Officer Legal Dept\Agreement1l20Water Extension Agr-Filter Program-3-1-24.docx 2 Attachment B 120 Water PO Box 604 Zionsville,IN 46077 www.120water.com Renewal Order Form 2024 Customer Information Billing Information Customer Name: Elgin, IL Billing Contact: Date: 2/21/24 Street Address: Contract Start Date: Upon Signature City: State: Zip: Software +Services Products& ery ces • ' •uant1ty SFW-PWSPro-49999 PWS Pro Software 1 10,550.00 $10,550.00 MSRV-LCRRMS-49999 LCRR Managed Services 1 $17,500.00 $17 500.00 Sample Kits (+Analysis) Products : e eel .. •uan" K-WTK-COMK-03 3-Bottle Sample Kit 2,512 $53.11 $133,412.32 LSC-WST-L-01-1 1 bottle lead test- 1x 3.900 $18.18 $70.902.00 Pitchers+ Filters .'°•ro.ucts ervices. K-PFK-BRITA-PF01 Brita Long Last Pitcher Filter Kit 1,439 $69.00 $99,291.00 K-PFK-BRITA-F01 Brita Long Last Pitcher Filter 1,439 $34.71 $49,947.69 Cartridge 2024 MINIMUM COMMITTED TOTAL: $381,603.01 120Water Contract# 1 120Water Billing and Payment Terms: 120Water will bill on the start date for MSRV-LCRRMS-49999, S-PWS-P01, 1000 K-WTK-COMK-03, 3000 LSC-WST-L-01 and 130 of K-PFK-BRITA-PF01 and K-PFK-BRITA-F01. Payment is due net 30 days from the invoice date. 120Water will bill in arrears based on kit activity for K-WTK-COMK-03, LSC-WST-L-01, K-PFK-BRITA-PF01 and K-PFK-BRITA-F01 on a monthly basis due net 30 days from the invoice day not to exceed $500,000 in the 12 month period after the contract start date. 120Water will bill for the remaining unused minimum commitment value, if any balance remains, on the last day of the contract period due net 30 days from the invoice date. Additional Notes: K-PFK-BRITA-PF01 and K-PFK-BRITA-F01 are sold as a bundle and available for purchase for $103.71 per location. K-WTK-COMK-03 and LSC-WST-L-01 are sold as a bundle and available for purchase for$108.65 COMMS-LTR-LOB-FC are available for purchase for$2.12 per letter K-PFK-BRITA-PF01 is Brita's Pacifica pitcher(Model 0B41) and K-PFK-BRITA-F01 is Brita Elite Water Filter Replacement cartridges (Model 0B06). These systems have been tested according to NSF/ANSI 401 (for applicable systems), 42 and 53 for reduction of the substances listed. The concentration of each of the indicated substances in water entering the systems was reduced to a concentration less than or equal to the permissible limit for water leaving the systems, as specified in NSF/ANSI 401, 42 and 53. This Order Form, is an expansion of a current program and adheres to the previously agreed upon Terms and Conditions(and MSA)that can be produced upon request. Customer: 120Water Signature Signature Name: Name: Title: Title: Date: Date: DMS 17471295.3 2