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HomeMy WebLinkAbout26-0610 Global Industrial Docusign Envelope ID 762802EE-963C-86B1-823D-68A9F73475C4 PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 10 day of June 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as"City")and Global Industrial,a Delaware corporation,(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 identified as Quote No. 8153243, dated May 4, 2026, attached hereto and made a part hereof as Attachment A, and as provided by Omnia Partners Region 4 ESC Contract#R240112,incorporated herein by reference(the"Omnia Partners Contract"). 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 Omnia Partners Contract. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the Omnia Partners Contract, 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 Omnia Partners Contract, 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 11 Harbor Park Drive, Port Washington, NY 11050, 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 1 Docusign Envelope ID: 762802EE-963C-86B1-823D-68A9F73475C4 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. 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 Sixty-Eight Thousand Nine Hundred Twenty Dollars and Eighty-Nine Cents ($68,920.89) 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. DELIVERY. Delivery shall be made within thirty (30) days of the execution of this Agreement. 13. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City upon delivery of the goods. 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. 2 Docusign Envelope ID.762802EE-963C-86B1-823D-68A9F73475C4 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 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. 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. 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 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. SIGNATURE PAGE FOLLOWS 3 Docusign Envelope ID:762802EE-963C-86B1-823D-68A9F73475C4 IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. GLOBAL INDUSTRIAL C F ELGIN Matthew Ford Print Name Signed by. ichard G. ozal, City Manager Iitt 4&u. Ford, Attest: 87B72B90CA0A480. Signature Vice President,Commercial Accounts E‘aidflil ARief Title ity Clerk Lege Dept lAgmcnc$Global IndwWnlOmma.Pucbne Ag.6•I.26.docz 4 Docusign Envelope ID:762802EE-963C-86B1-823D-68A9F73475C4 ATTACHMENT A Global Industrial Quote No. 8153243, Consisting of Two Pages, Dated May 4, 2026 (To Be Inserted) Docusign Envelope ID:762802EE-963C-86B1-823D-68A9F73475C4 _A GLCIBAIL we INDUSTRIAL We can supply that. SALES QUOTE CUSTOMER INFORMATION QUOTE ISSUED: 05/04/2026 Account Name: CITY OF ELGIN IL . ACCOUNT NO. 445539 Name: Smooch Medina QUOTE NO. 8153243 Address: 45 Symphony way ATTN: Smooch Medina Click Here To Place Order Online ELGIN, Illinois 60120 "Pricing valid for 30 days from quote issue date.Subject to change based on product availability and/or market conditions. Email: SmOoch.medina(aelginil.gov Phone: (847)931-5912 Part# Description Shipping Qty Price Extended 320809 9"H Global Industrial™ Pallet Rack Upright Frame 42"D x TRUCK 5 $179.95 $899.75 320813 Global Industrial™Pallet Rack Upright Frame 421D x TRUCK 23 $206.95 I $4,759.85 120 H Global Industrial™ Pallet Rack Upright Frame,24"D x 320887 96"H TRUCK 2 $170.95 $341.90 290615 Global Industrial™Pallet Rack Upright Frame,24"D x TRUCK 7 $194.35 $1,360.45 120"H Global Industrial™Unslotted Steel Pallet Rack Beam, TRUCK 74 $125.95 $9,320.30 413320 96"L x 4"H,3230 Lb.Cap.,Set Of 2 245975 Global Industrial™Unslotted Pallet Rack Beam,108"L x TRUCK 8 $143.95 $1,151.60 5-1/2"H,6420 lbs Capacity,Set of 2 979101 Global Industrial™Pallet Rack Wire Decking,46"W x TRUCK 92 $44.96 $4,136.32 42"D(3000 lbs cap)Gray B2127525 Global Industrial™Pallet Rack Wire Decking,52"W x TRUCK 16 $48.56 $776.96 42"D(2250 lbs cap)Gray B3202736 Nashville Wire Products Perforated Deck For 42"Deep Rack, TRUCK 92 $132.56 $12,195.52 2000 lb.Cap.,47-1/2"W x 38-2/8"D,Gray B725971 Ballymore 6 Step Steel Cantilever Ladder-14"Overhang, TRUCK 2 $1,784.15 $3,568.30 Perforated Tread-CL-6-14-P B2299693 Ballymore Fully Powered Straddle Stacker Lift Truck TRUCK 1 $9,986.65 $9,986.65 BALLYPAL35TSL157-3500 Lb.Capacity-157"Lift 708677SBL Global Industrial"' Configurable Bin Cabinet,48"W x 24"D x TRUCK 1 $1,363.50 $1,363.50 78"H,168 Blue Bins B2297190 Global Industrial 5 Shelf Standard Duty Boltless Shelving TRUCK 2 $206.96 $413.92 Starter 48"Wx12"Dx60"H,Wood Deck, USA ♦I* B836680 Lorell®File/File Mobile Pedestal File, 15"W x 19"D x UPS- 1 $362.06 $362.06 28"H,Black GROUND B2133837 Safco®Aberdeen Series 36"Freestanding Lateral File TRUCK 1 $1,308.15 $1,308.15 Gray Steel 272115 'Global Industrial 5 Shelf,High Capacity Boltless Shelving, TRUCK 1 $311.36 $311.36 Steel Deck,Starter,36"W x 18"D x 96"H 168002 Global Industrial™Wood Deck Narrow Aisle U-Boat TRUCK 2 $359.96 $719.92 Platform Truck,60"x16", 1500 Lb.Cap. B2002637 9 Step Steel Rolling Ladder W/Rear Exit Walk Off Gate,24"W TRUCK 1 $2,013.65 $2,013.65 X 30"D Plat.Perforated-KDSR109246-XR • 603446RD Global Industrial™Steel Shelving with Total 72 4"H UPS 2 $584.10 $1,168.20 Plastic Shelf Bins Red,36x18x72-13 Shelves GROUND 493396 Global Industrial Folding Wire Container,40"L x 32"W x TRUCK 6 $215.96 $1,295.76 34-1/2"H,3000 lb.Capacity,Gray Global Industrial™ Nestable Double Deck Pallet, 236642 Plastic,4-Way,48"x40",2750 Lb Stat Cap TRUCK 12 $107.96 $1,295.52 6180204 Global Industrial™Wall&Bench Bin Cabinet W/24 UPS- 1 $347.36 $347.36 Yellow Bins,26-1/2"W x 9"D x 30"H,Black ♦I* GROUND 498526 Global Industrial™Utility Cart w/2 Shelves&5"Casters, UPS 2 $134.95 $269.90 i 500 lb.Capacity,40"L x 26"W x 33"H GROUND Docusign Envelope ID:762802EE-963C-86B1-823D-68A9F73475C4 952504 % IVUQI IIruubu iaia+ro'+OL, nai uwuvu vel" mad Truck 60 x (TRUCK 4 $419.36 $1,677.44 30 2400 Lb. Capacity 8" Rubber Casters 800358BL Global Industrial™KD, 16 Bushel,Blue Vinyl Basket TRUCK 4 $302.36 $1,209.44 Bulk Truck _ 241343 Ancra®43638-51 E-Track Style Decking Beam Cargo TRUCK 6 $106.16 $636.96 Control Bar&Load Stabilizer I 989031 Global Industrial™Standard Duty Manual Pallet Jack, TRUCK 1 $341.96 $341.96 5500 lb.Capacity,27"W x 48"L Forks Notes ItemTotal: $63,232.70 Tax: $.00 Shipping and $5,688.19 Handling: **Total: $68,920.89 *PLEASE NOTE:This Item Is Not Returnable. Thank you for the opportunity to help with your needs.To place your order or further assistance please contact me. • PLEASE NOTE This Item Is Not Cancellable. **Applicable taxes and shipping charges will be added to invoice. Name: AUDREY CAMP Address: 2505 MILL CENTER PARKWAY SUITE 100 Please be sure to review our terms and conditions BUFORD, GA 30518 Shiooing Terms and Conditions Email: ACamoaglobalindustrial.com Phone: (470)655-3580 x123580 Fax: 11 Harbor Park Dnve,Port Washington,N.Y.11050 I Copyright© 2026 by Global Industrial.All Rights Reserved. Help I Contact Us This order is subject to Global Industrial's Terms&Conditions of Sale.Global Industrial objects to any other additional or different terms in your purchase order or acceptance.