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HomeMy WebLinkAbout26-68 Resolution No. 26-68 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALL AMERICAN AUTO & TRUCK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH RFP 26-009 FOR AUTO COLLISION REPAIR SERVICES BE IT 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 an Agreement on behalf of the City of Elgin with All American Auto & Truck, Inc., for professional services in connection with RFP 26-009 for auto collision repair services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2026 Adopted: April 22, 2026 Omnibus Vote: Yeas: 8 Nays: 0 Abstain: I Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR RFP Number: 26-009 for: Auto Collision Repair Services This Agreement is made and entered into this 22 day of ,2026 by and between the City of Elgin ("the CITY"), a muni ipal corporation organized and existi g under the laws of the State of Illinois, and �1 ��-f1 enet/A 6 tic+ , incorporated in the state of I LL l N.1 DlS and having a principal place of business at 11-1\'Amer cc r ((LIt O ?xd J4t TrsCL ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Invitation for Bids (IFB) including all documents referenced therein ana the Contractor's bid response (bid) thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the IFB and CONTRACTOR'S Bid. In the event there is a conflict between this Agreement and the CONTRACTOR'S bid or bid documents, his agreement shall control and supersede any such CONTRACTOR'S bid or bid documents. No alteration ma, be made to the IFB or the resultant Contract without the express,written approval of the City in the form of an fficial IFB addendum or Contract amendment. Any alterations will deem the bid nonresponsive. ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide the goods or services described in the IFB and Bid,at the prices and terms contained therein. ARTICLE III. TIME OF PERFORMANCE. The CONTRACTOR shall provide the goods or services upon receipt of purchase order; and the CITY shall pay to CONTRA OR the total sum of$68.00 per hour for the first year of the contract. ARTICLE IV. TERMINATION. Notwithstanding any oth provision hereof, the City may terminate this Agreement at any time for convenience or any other reasonupon thirty (30) days prior written notice to (fit l f}rr eriuctn ALA,without penalty. In the event this Agre ment is so terminated (i-(( lkr/cf tea l- shall be paid for goods provided and/or services actually perform d,and reimbursable expenses actually incurred as may be specifically provided for herein prior to such t rmination, except that such payment and/or reimbursement shall not in any event exceed the total amount set forth for the total contemplated payment provided for herein. Additionally, in the event this Agreement is so terminated, \ pintir►cu,nt0shall immediately cease the expenditure of any funds paid toP1\ c ner►axr the City and shall refund to the City any unearned or unexpended funds. ARTICLE V . DAMAGES. From any sums due to the CONTRACTOR for services, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring services as a result of any failure, omission or mistake of the CONTRACTOR in providing the goods and services as provided in THIS CONTRACT. ARTICLE VI. GOVERNING LAWS AND ORDINANCE . This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY an if any such clause herein does not conform to such laws or ordinances, or in the event any of the terms or pro sions herein are deemed to be void or otherwise unenforceable for any reason, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County, Illinois. ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, se , ancestry, national origin,place of birth, age or physical handicap which would not interfere with the effic. nt performance of the job in question. The CONTRACTOR will take affirmative action to comply with a provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the C TY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, are hereby incorporated by reference, as if set out verbatim. ARTICLE VIiI. ASSIGNABILITY. The CONTRACTOR shall not assign,sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE IX. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE X. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR,at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin. IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE Xl. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend 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 Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this CONTRACT, 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. defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. ARTICLE XII. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE Xiii. APPROPRIATIONS. The fiscal year of the CiTY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorisation to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year,or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIV. NO AGENCY. This CONTRACT shall not be construed so as to create a joint venture. partnership, employment or other agency relationship between the parties hereto, except as may be specifically' provided for herein. ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT, the terms and provisions of this CONTRACT shall control. ARTICLE XVI. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this CONTRACT shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. ARTICLE XVIi.COMPLIANCE WITH LAWS. Notwithstanding any other provisions of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement. Ai sp.0\42rt u r Aukil 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,k 1eYjcctr-I Al hereby certifies. represents and warrants to the City that all of Ail Comer ,can Ao\-a '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. ( \ Y�ry1ey cr„-, shall also, at its expense, securb 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. The City shall have the right to audit any records in the possession or control of Alt At n.er (fir\ /S 04 determine All 4,1„errc are /..1rk compliance with the provisions of this section. In the event the City proceeds with such an audit, Aid j mom,l�rj,' Isl all make available to the City4.6 (rill %is relevant records at no cost to the City. ik..11 ,fin shall pay any and all costs associated with any such audit up to the amount of S900. The entity submitting this bid or proposal hereby warrants and represents that to the extent it may be applicable. it is registered with the Illinois Secretary of State's Office or has been incorporated in the State of Illinois; and such entity further hereby warrants and represents that it is in good standing in the state of its incorporation or organization. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CiTY that all CONTRACTORS employees and/or agents located in the United States, who will be providing products and/or services with respect to this CONTRACT, shall be legal residents of the United States. 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. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax 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 agreement transmitted by lax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or c-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or c-mail as a defense to this agreement and shall forever waive such defense. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CON CIT ELGIN ,Name and Title ichard J. Kozal .b4c i 0 \— .X City Manager FEIN NO. LC ity Clerk