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HomeMy WebLinkAbout26-37 Resolution No. 26-37 RESOLUTION AUTHORIZING EXECUTION OF A THIRD EXTENSION 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 Third Extension 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 11, 2026 Adopted: March 11, 2026 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk THIRD EXTENSION OF AGREEMENT THIS AGREEMENT is made and entered into this 11 day of March , 2026, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and 120 Water Audit, Inc., dlb/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 I20Water 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 I20Water 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 CITY and 120Water entered into the "Second Extension Agreement" on March 12,2025,in which the term of the First Extension Agreement was extended for an additional one-year term,which commenced on March 22, 2025 and ends on March 22, 2026, upon the same terms and conditions as the First Extension Agreement subject to the deletion of Attachment B from the First Extension Agreement, and the two-page proposal prepared by 120Water titled "Renewal Order Form: 2025"was attached thereto as Attachment B-Second Amendment. WHEREAS,the parties have determined it to be in their mutual best interests to extend the term of the Second Extension Agreement for an additional two-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 Third Extension Agreement as if fully recited herein. 2. The parties agree to extend the term of the Original Agreement,First Extension Agreement, and Second Extension Agreement for an additional two-year term,which shall be deemed to have commenced on March 22, 2026, which shall terminate on March 21, 2028, under the same terms of the Original Agreement except as expressly provided for in this Third Extension Agreement. 3. For the purposes of this Third Extension Agreement, Attachment B-Second Amendment of the Second Extension Agreement shall be deleted in its entirety. The two-page proposal prepared by 120Water, dated February 9, 2026, entitled EBR-Renewal 2026-Elgin-IL, attached hereto as Attachment B-Third Amendment, shall be substituted,therefore. 4. That except as amended by the First Extension Agreement, Second Extension Agreement, and Third Extension Amendment, 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, the First Extension Agreement, the Second Extension Agreement, and the provisions of the Third Extension Agreement,the provisions of this Third Extension Agreement Control. 6. This Third 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 Third Extension Agreement may be executed electronically, and any signed copy of this Third 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 Third 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 Third Extension Agreement as of the date and year first written above. CITY OF ELGIN 120 Water Audit, Inc. By: By: Way Ae, City anager Its(insert title) SVP. Account Management 02/27/2026 Attest: Attest: /PI; tsft,-rbar'orii,. Jerk 02/27/2026 Legal Dept.Agtccmem I2oK ateu-K ate,Sample and Dtstnbunon Ptogt am-Put chase Apr-02-26-26docx - 2- ATTACHMENT A 4 120Water EBR - Renewal 2026 - Elgin - IL Customer-City of Elgin-IL Reference:20260209-120943723 150 Dexter Court,375 W RIVER RD Quote created: February 9,2026 Elgin,IL 60120 Quote expires: May10,2026 United States Quote created by:Jon Garrison jon©120water.com Nora Bertram +13173857447 nora.bertram©elginil.gov 8479316744 Comments from Jon Products & Services Item & Description Quantity Unit Price Term Total PWS Platform 1 $22,394.00 24 $22,394 00/year Full PWS application with Inventory,Program and /year Event Management,Workflows, Communications,and PTD LSLR Sampling&Pitcher Filters 1 $25,200.00 24 $25,200.00/year Annual Managed Service that monitors LSLP /year for ,> ;r,u:, sampling,distribution of verification products,or- der processing,data management,and bi-weekly project updates.It also includes regulatory con- sulting,reporting assistance,and tracking Annual subtotal $47,594.00 Total $47,594.00 Total contract value $95,188.00 Purchase terms The renewal of your subscription has a contract start date of 3/22/2026 and will run through 3/21/2028.Fees will be invoiced annually upon signature of this order form and will be due Net 30 from the invoice date. Letters reflected on this quote/Order Form are subject to overage fees. If the number of sheets purchased is exceeded after content is created,a change order will be issued for the overages detailing the difference in price based on the rate card below. Rate Card Letter Type Unit Mee First Class Letter•2 sheets-Color S1.76 First Class Letter-2 sheets•Black and White $1.70 First Class Letter-3-e sheets-Color $3.17 First Class Letter-3-6 sheets-Black and White S2.12 First Class Letter-7.10 Sleets-Color S9.53 Latter Type Unit Price Standard Letter-2 sleets-Color S1.43 Standard Letter-2 sleets-Black and White S1.34 Standard Letter-3-6 sheets-Color S2.84 Standard Letter•341 sheets-Black and White 31.77 Letter Type Unit Price Cekt fled Letter-3 sheets-Color S13.07 CeMled Letter•4 6 sheets•Color S14.16 Certified Letter-7-8 sheets-Color S18.87 Subscriptions are non-cancelable before their end of the Term. For Order Form including Products Unused Products purchased in this Order Form,including Unused Products purchased prior to the execution of this Order Form,shall not roll forward to the next Subscription Term unless Customer pays an Inventory Holding Fee of twenty percent (20%)of the purchase price of the Unused Products.This fee shall appear as a separate line item on the Order Form for the next Subscription Term.If Customer does not wish to roll forward Unused Products,such Products will be deemed returned to 120Water and no refund will be provided. Questions?Contact me Jon Garrison Jon©120water corn +13173857447 120Water 250 5 Elm St Zionsville,IN 46077 US