HomeMy WebLinkAbout25-146 Resolution No. 25-146
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH CD, LLC FOR THE
PURCHASE OF FOUR, LEVEL 2 CHARGEPOINT NETWORKED ELECTRIC VEHICLE
CHARGERS
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 CD, LLC, for the purchase of four, level 2 ChargePoint networked electric vehicle chargers,
a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 27, 2025
Adopted: August 27, 2025
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 27 day of August
2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City")and CD,LLC(operating under the assumed name CarbonDayEVCharging.com),(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 two(2)page proposal, dated June 16, 2025, attached hereto and made a
part hereof as Attachment A,and as provided by the Sourcewell Contract#042221-CPI,incorporated
herein by reference(the"Sourcewell 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
Sourcewell Agreement. In the event of any conflict between any of the terms and provisions this
Agreement and either Attachment A or the Sourcewell 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 Sourcewell 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 Rob Spatz at 163 Wheeling Road, Wheeling, IL 60090 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,el 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 Fifty-Three Thousand Two Hundred and
Ninety-six Dollars ($53.296.00) 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. 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.
12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods.
13. 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.
14. 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.
2
15. 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.
16. 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.
17. 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.
18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
19. 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.
CD. LLC Cl LGIN
P ' Name Richard G. Komi City Manage
Attest:
Signature
PrrsJ(6� �
Title City Clerk
Legal IkTs Agre,:inem CD LLC-Purchase 1gr-Carbon Day fV Chargng'-3-25eloco,
3
QUOTE CARB()N
June 16, 2025
Mr.Aaron Neal D A yEv CHARGING
City of Elgin NA002005
1900 Holmes Rd
Elgin, IL 60123
847-931-6099
neal 4,Pcityofelgin.orr
CP6021 (Dual Bollard 50 Amp, 18'Self-Retracting Cables COMMERCIAL)
With Power Share Jumper And 5 Year Labor and Parts Warranty
REFERENCE: City of Elgin Sourcewell#04221-CPI CP6000 Series 50 Amp Dual Bollard Quote X 4
Price Per
Model Number Description QTY Station Total Price r�
ChargePoint 50 Amp Dual Bollard with 18'Cable List $8.500
CP602iB-50A-L5.5 Locking Holster and Card Reader 4 $7,650 $30,600
CPCLD-COMMERCIAL-5 CP6000 Series 5 Year Commercial Cloud Plan 8 $1,640 $13,120
CP6000-ASSURE-5 CP6000 Seires 5 Year Parts and Labor Warranty 4 $1,700 $6,800
CP6000-CMT-NA CP6000 Series Bollard Concrete Mounting Kit 4 $125 $500
CPSUPPORT-ACTIVE CP6000 Series Initial Activation and Configuration 4 $249 $996
Shipping CP6000 Series Shipping 4 $320 $1,280
Amount Due Total cost before installation S13,324.00 $53,296.00
Signature Date
v
Ship to:
Rob Spatz-518-645-6733 -rob.spatz@carbondayevcharging.com- 163 S.Wheeling Rd.-Wheeling, IL 60090
Visit Our Website: https://carbondayevcharging.com/
CARBON
DAYS,CHARGING
Initial Station Activation and Configuration Service Includes activation of cloud services and configuration of radio groups,
connections, access control,visibility control, pricing, reports and alerts. One time initial service per station $249
Commercial Cloud Plan available in prepay options:
Annual fee includes: Commercial Cloud Plan, 24-7-365 Customer Service for Drivers via 800 number, Reporting.
Software Updates,Station Manager Account Access, Data Collection and Credit Card Capability
Pricing,Automatic Funds Collection, Power Management and Videos.
1 year $365
2 years $715 ($357.50 per year) per plug
3 years$1,040 ($346.66 per year) per plug
4 years $1,360($340 per year) per plug
5 years $1,640 ($328 per year) per plug
Optional Programs:
Assure Warranty optional extended Labor and Parts Warranty:
1 year $430
2 years $800($400 per year)
3 years$1,140($380 per year)
4 years $1,440($360 per year)
5 years $1,700($340 per year)
** Other Standard Terms and Conditions
20% restocking fee for any product returned to ChargePoint
Terms: 50%due upon placement of order and balance due 30 days after shipment of product.
Issue payment to CD LLC.
ChargePoint 2 year part warranty applies for all products. Warranty will be between purchaser and ChargePoint.
Cloud and Assure plans start upon station activation or 90 days after ship date,whichever is first.
Prices are confidential and expire: July 16, 2025
Rob Spatz-518-645-6733 -rob.spatz@carbondayevcharging.com - 163 S. Wheeling Rd. -Wheeling, IL 60090
Visit Our Website: https://carbondavevcharging.com/