HomeMy WebLinkAbout26-93 Resolution No. 26-93
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BLUE OASIS: THE
WATER TAP SERVICE, INC. FOR THE PURCHASE OF A MOBILE WATER STATION
TRAILER
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 Blue Oasis: The Water Tap Service, Inc., for the purchase of a mobile water station trailer, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 27, 2026
Adopted: May 27, 2026
Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 27th day of
May , 2026, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "City") and Blue Oasis: The Water Tap Service, Inc., a Florida
corporation authorized to do business in the State of Illinois ("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 Invoice dated February 27, 2026, Invoice No. 1153,
attached hereto as Attachment A and made a part hereof by this reference.
2. TERMS AND CONDITIONS. This Agreement shall be subject to the terms and
conditions contained herein and as provided by Attachment A. In the event of any conflict between
any of the terms and provisions of this Agreement and Attachment A, the terms and provisions of
this Agreement 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 Blue Oasis: The Water Tap Service, Inc., c/o Registered Agents, Inc., 7901
4th Street N, Suite 300, St. Petersburg, FL 33702 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, et seq.), as amended. The provisions of this paragraph shall survive
any expiration, completion and/or termination of this Agreement.
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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. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods. All transportation and delivery shall be at Seller's sole expense.
11. DELIVERY. Delivery shall be made within thirty (30) days of the execution of
this agreement.
12. PAYMENT. City shall pay the total sum of Forty Thousand Dollars ($40,000.00)
within thirty (30) days of delivery and installation 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.
13. 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.
14. 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.
15. WARRANTY. All applicable warranties, including but not limited to any and all
applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for
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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.
16. 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.
17. 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.
18. LIMITATION OF ACTIONS. 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.
19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
20. 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 person(s) 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.
BLUE OASIS: THE WATER TAP SERVICE, C ELGIN
INC.
Peter Fusca
Print Name Richard G. Kozal, City Manager
Attest:
Signature
Co-Founder
Title i Clerk
Legal Dept\Agreement\Blue Oasis The Water Tap Service-Purchase Agr-5-I9-26.docx
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ATTACHMENT A
Invoice No. 1153, prepared b) Blue Oasis: The Water Tap Service,Inc.,dated February 27,
2026, consisting of two(2) pages, to be inserted.
INVOICE
Blue Oasis:The Water Tap Chns@thewatertap.ca WA
Service Inc. +1 (905)601-0148
7930 W 20th Ave https://www.thewatertap.com/
Hialeah,FL 33016 TAp .
Selena Tapia
Bill to Ship to
Jessica Van Dyke Jessica Van Dyke
Sustainability Coordinator I City of Elgin Sustainability Coordinator I City of Elgin
Office:847-931-5613 Office:847-931-5613
Email:Jessica.VanDyke@elginil.gov Email:Jessica.VanDyke@elginil.gov
150 Dexter Ct.Elgin,IL 60120 150 Dexter Ct.Elgin,IL 60120
Invoice details
Invoice no.:1153
Terms:Due on receipt
Invoice date:02/27/2026
Due date:02/27/2026
# Date Product or service Description Qty Rate Amount
1. 09/19/2025 Water Trailer Sales(deleted) -Full stainless steel and superseal 1 $38,000.00 $38,000.00
fittings with medical grade flexible
tubing
-100 feet of potable water hosing with
shut-offs and industrial carbon filter at
water source
-Custom branding to whatever you
would like on the wrap of the trailer
-42 inch smart TV with tech to include
videos and slideshows for sponsors
-10 tap water dispensing tower custom
colour(standard is our blue and white)
to pantone of choice
-2x 0.2 Micron Everpure filter at point
of dispense
-4 x 50 feet of coiled stainless steel
immersed in
multiple coolers to rapidly cool the
water if needed.
-6 x 16 G Stainless Steel Tanks+20
lbs CO2 Gas+ 2x Flojet Gas
Powered Water Pumps
2. 09/19/2025 Water Trailer Sales(deleted) Freight Toronto-> IL wrth training day 1 $2,000.00 $2,000.00
included with 2 water tap staff.
Estimated$1500-2000.Final cost tbd.
Total $40,000.00
Ways to pay
VISA • Overdue 02i27i2026
Contact Blue Oasis:The Water Tap Service Inc.to pay.Please note
we CANNOT accept check payments at this time.
View and pay