HomeMy WebLinkAbout25-48 Resolution No. 25-48
RESOLUTION
AUTHORIZING EXECUTION A SECOND EXTENSION OF AGREEMENT 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
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 Second 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 12, 2025
Adopted: March 12, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SECOND EXTENSION OF AGREEMENT
THIS AGREEMENT is made and entered into this 12 day of March , 2025, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"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 120 Water 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").
WHEREAS, the CITY and 120Water entered into the "First Extension Agreement' on
March 20, 2024 in which the term of Original Agreement was extended for an additional one-year
term,which commenced on February 22,2024 and ended on February 21, 2025. Attachment B of
the Original Agreement was deleted and Renewal Order Form 2024 was attached to the First
Extension Agreement as Attachment B.
WHEREAS, the parties have determined it to be in their mutual best interests to extend the
term of the First Extension 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,the 120Water represents that it is in compliance with Illinois Statutes relating
to professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, 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 Second Extension Agreement
as if fully recited herein.
2. The parties agree to extend the term of the Original Agreement and First Extension
Agreement for an additional one-year term,which shall be deemed to have commenced on
March 22, 2025, which shall terminate on March 22, 2026, under the same terms of the
Original Agreement except as expressly provided for in this Second Extension Agreement.
3. For the purposes of this Second Extension Agreement,Attachment B of the First Extension
Agreement shall be deleted in its entirety. The two-page proposal prepared by 120Water,
dated January 27,2025,entitled Renewal Order Form: 2025,attached hereto as Attachment
B-Second Amendment, shall be substituted therefore.
4. That except as amended by the First Extension Agreement and Second Extension
Agreement,the Original Agreement shall remain in full force and effect.
5. That in the event of a conflict between the terms of the Original Agreement and the
provisions of the Second Extension Agreement, the provisions of this Second Extension
Agreement Control.
6. This Second 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 Second
Extension Agreement may be executed electronically, and any signed copy of this Second
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 Second 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.
Melissa Gindling
City Manager Its(insert title)SVP-Account Management
Attest: Attest:
City Clerk Scotty Hunt Senior Account Manager\120Water
Legal Dept\Agreement\Agr-I20Water-Water Sample and Distribution Program-2ndExt-2-12-25.doex
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ATTACHMENT B-Second Amendment
120Water
PO Box 604
Zionsville,IN 46077
www 120water corn
Renewal Order Form :
2025
Customer Information Billing Information
Customer Name: Elgin, IL Billing Contact:
Date: 1/27/25 Street Address:
Contract Start Date: 3/22/25 City: State:
Zip:
Software + Services
Products &Sery ces Quantity
SFW-PWSPro-49999 PWS Pro Software 1 $11.394.00 S11.394.00
MSRV-LCRRMS-49999 LCRR Managed Services 1 $18,550.00 $18,550.00
Sample Kits(+Analysis)
Products &Services • •uan
K-WTK-COMK-03 3-Bottle Sample Kit 1,500 $53.11 $79,665.00
LSC-WST-L-01-1 1 bottle lead test- 1x 2,490 $18.18 $45,268.20
Pitchers+ Filters
Products &Services
K-PFK-BRITA-PF01 Brita Long Last Pitcher Filter Kit 1,439 $71.00 S102.169.00
K-PFK-BRITA-F01 Brita Long Last Pitcher Filter 1.439 $36 71 $52,825.69
Cartridge
2025 MINIMUM COMMITTED TOTAL: $309,871.69
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
$107.71 per location. K-WTK-COMK-03 and LSC-WST-L-01 are sold as a bundle and available for
purchase for$107.65 COMMS-LTR-LOB-FC are available for purchase for$2.12 per letter
K-PFK-BRITA-PF01 is Brita's Pacifica pitcher(Model OB41) and K-PFK-BRITA-F01 is Brita Elite Water
Filter Replacement cartridges (Model OB06). 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: Melissa Gindling
Title: Title: SVP-Account Management
Date: Date: 02/13/2025
DMS 17471295.3 2