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Home My WebLink About26-126 Resolution No. 26-126 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH VEHICLE SERVICE GROUP, LLC FOR THE INSTALLATION OF A HEAVY-DUTY VEHICLE LIFT AT FIRE STATION 7 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 Vehicle Service Group, LLC, for the installation of a heavy-duty vehicle lift at Fire Station 7,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 12,2026 Adopted: August 12, 2026 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 12 day of_August 2026, by and between the City of Elgin, Illinois,a municipal corporation (hereinafter referred to as "City")and Vehicle Service Group,LLC,(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 one (1) page proposal, dated April 15, 2026, attached hereto and made a part hereof as Attachment A, and as provided by the Houston-Galveston Area Council Contract#FL 10-24A,incorporated herein by reference(the"HGAC Agreement"). 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 HGAC Agreement. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the HGAC Agreement, 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 HGAC Agreement,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 Vehicle Service Group, LLC, c/o registered agent Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield, IL 62703 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, el seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seg.),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 Thirty-Five Thousand Three Hundred Fifty-Nine Dollars and One Cent($35,359.01)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. DELIVERY. Seller shall deliver and install the goods as described in Paragraph 1 above within 90 days of the Effective Date of this Agreement. 12. 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. 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 2 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 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. SIGNATURE PAGE FOLLOWS 3 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. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. Vehicle Service Group, LLC LGIN Erich Goebes _ Printr )e 1I If Richard G.Kozal,City anager - . -, >`- at ms— Attest: Signature 4‘1/A Director of f Field Services_ Title ity Clerk Legal Dept\AgreementWchide Services Group-Rotary Lift Purchase Agr-6-23-26.docx 4 Rotary Lift HGAC Equipment Quotation Quote aY:2026325 Prepared By:Tenn,Bolde Date:4/15/2026 Requested By:Aaron Adamson 'If completion of Installation is delayed mare Quote Expires:8/13/2026 than one month due to governmental entity Payment Terms:NET 60 delays(.e.electrical,etc.),Rotary can request Warranty-. lyr.Parts&Labor - partial payment for work completed (both equipment and installation). - V� Note: Quate tor Equipment 8 installation —//IJJj Project Name:City of Elgin Model No. Description Per Unit Price Qty. Extended Price, SP020N1T081. 2-Post 20,030lb Capacity LM $ 26.894.56 1 $ 25894.56 XXXOICTT Instaibtion S 5,775.00 1 $ 5,775.00 'Electric 8 irked and final hook-up by others at owner's expense.Shinning over 114'will be an 4ettra charge. If adhesive/epoxy arch ors are needed due to anbreseen loci conditions,there all be an extra charge of 535.00 per anchor used. 'Surface ntounled fift installations include tie folkiwinie Delray and(Mating at the custom/ owner's place of business. Installation of equ¢nent at astomerlowner's 1st choice of location (Delay of mere than 12 hour due to indecision on owner's part as to installation location will result in extra labor charges).Anchors and shims up to 114'thickness are included. Equipment use and safety training,If required,will be by factory trained technicians. It is the arrant ustortte's resporatbiity to insure that the lift wilt f in the selected area and that there is enough overhead spree for operation,without Inlederence from ligjts,rafters,etc.Concrete must be a minimum of 4-1/2' for OEM recommended thickness)and have a hardness of 3500 psi(min)with no cracks or expansion joints in the area of the anchors. It is the customedowner's responsibility to prepare the Installation area so that installation an proceed with out delay. Not responsble for irderfoor utilities such as heeled floor. XXX62 Freli ht ,$ 2689.45 1 $ 2689.46 'Does not include any aptcicade lees or tares -. - - - TOTAL PRICE: $ 35,359.01 ADD/TIONAL TERMS AND CONDITIONS: By submitting a purchase order to Vehicle Service Group,LLC.(VSG), customer accepts and agrees to these terms and conditions as attritional farms to tie extistng agreement between the parties referenced on the face of this quotation(Existing Agreement),notwithstanding anything to the contrary contained therein. All additional or different term and conditions contained in Customer's purchase order are hereby rejected. No additional or different terms or conditions,or any modlicabons.changes,or amendments to these tern of the existing agreement shall be binding on VSG,unless expressly accepted by VSG in writing. DISCLAIMER: Notwithstanding anything to the contrary in the Existing Agreement VSG shall no:be liable for any loss,damage or additional costs arising from unforeseen conditions affecting installation,Mc-turfing but not limited to contaminated soil,bed rock, in-floor heating system,high water conditions,or any othertype of in-ground conditions. Customer acknowledges and agrees that Customer shall be responsible for any additional costs due to such conditions,in additdn to the instalation price set forth herein DELAY: Notwithstanding anything to the contrary in the Existing Agreement.if delivery of the equipment or completion of the work is delayed by more than thirty(30)days due to the acts or ommssaon of Customer or any that party other than VSG or its sub- contractors,contractors,VSG may require Customer to render payment for equipment manufactured a deivered,and portions of the work completed,within thirty(30)days from the date of VSG's invoice,in the amounts set forth in such invoice. 'Cancelled orders are subject to 20%restocking fee. HGAC Contract#: FL10-24A vehicle Service Group,LLC Contract Period 5/125-9/30/28 2700 Lanier Dr. CAGE#: 7K311 Mardian,IN 47250 Tax ID# 90-0501347 Tammy Boldery,Government Saks Leader EIN E6L7P8EBDHC7 so0.445.543$x5655