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HomeMy WebLinkAbout26-145 Resolution No. 26-145 RESOLUTION AUTHORIZING EXECUTION OF AN EQUIPMENT RENTAL AGREEMENT WITH SUNBELT RENTALS, INC. FOR POWER DISTRIBUTION EQUIPMENT FOR NIGHTMARE ON CHICAGO STREET EVENT 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 Equipment Rental Agreement on behalf of the City of Elgin with Sunbelt Rentals, Inc., for the rental of power distribution equipment for the Nightmare on Chicago Street event, in such form as approved by the Corporation Counsel. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 9, 2026 Adopted: September 9, 2026 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk EQUIPMENT RENTAL AGREEMENT THIS AGREEMENT is hereby made and entered into this 9th day of September, 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Sunbelt Rentals, Inc.,a North Carolina corporation(hereinafter referred to as "Sunbelt"). 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. RENTAL. City shall rent, and Sunbelt shall lease to City the rental of goods and services described herein and by Attachment A, attached hereto and made a part hereof, and as provided by OMNIA Partners Contract#R241502, incorporated herein by reference(the"OMNIA Agreement"). 2. TERMS. This agreement shall be subject to the terms and conditions contained herein, as provided by Attachment A and the OMNIA Agreement. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the OMNIA 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 OMNIA Agreement, Attachment A shall supersede and control. 3. SCOPE OF WORK.Sunbelt shall install,setup,operate and remove all equipment during the rental period. 4. DURATION. Sunbelt shall setup and install equipment starting October 12. 2026, and shall remove all equipment on October 17,2026. 5. LAWNENUE. 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. Sunbelt 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 Sunbelt agrees that service by first class U.S. mail to CT Corporation System, 208 S. LaSalle St., Suite 814, Chicago, Illinois 60604 shall constitute effective service. 6. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. 7. PAYMENT. City shall pay a total sum of$59,729.50 on or before November 30, 2026. The aforementioned total sum is inclusive of all applicable transportation, freight, shipping, labor costs and applicable taxes. City is a tax-exempt governmental body. 8. 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. 9. INTEREST. Sunbelt 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. 10. 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 reminder of this Agreement shall remain in full force and effect. 11. 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. 12. LIMITATION OF DAMAGES. In no event shall either party be liable for any consequential. special or punitive damages,or any damages resulting from loss of profit. 13. INDEMNIFICATION. To the fullest extent permitted by law, Sunbelt agrees to and shall indemnify and hold harmless the City, its officers, employees, boards and commissions from and against any and all third-party claims, suits,judgments,costs,attomey's fees,damages or any and all other relief or liability to the proportionate extent arising out of or resulting from any wrongful acts or negligent acts or omissions of Sunbelt or Sunbelt'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.City will(i)give Sunbelt prompt notice of any such claim, and(ii)at Sunbelt's reasonable request,cooperate with Sunbelt in the defense and settlement of the Claim.During the rental period,and unless Sunbelt is performing setup,breakdown,or maintenance services, the equipment is in the City's possession and control therefore, Sunbelt is not responsible for any claims to the proportionate extent arising from City's or any of its contractors, suppliers, officers, agents, or employees' negligent acts or omissions in the performance of this Agreement. Subject to the above, 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. 14. 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. 15. WAIVER.Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure by the City to enforce any rights arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as,a waiver of any such rights. 16. LIMITATION OF ACTIONS.Sunbelt shall not be entitled to,and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after two(2)years from the date of this Agreement. 17. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 18. NO WAIVER OF IMMUNITIES OR RIGHTS. This agreement is not intended and shall not be construed to alter,limit,or constitute a waiver of any of the civil immunities afforded the City and/or Sunbelt and/or their officials,officers,employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the City and/or Sunbelt and/or their respective officials, officers, employees and/or agents as a result of this agreement or any actions of the Parties pursuant to this agreement. 19. NO SPECIAL OR OTHER DUTY. No special duties or obligations are intended and shall not be deemed or construed to be created by this agreement.Notwithstanding anything to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or Sunbelt and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this agreement. The provisions of this section shall survive any expiration and/or termination of this agreement. 20. PROHIBITED USE. City shall not(a)alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without Sunbelt's written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner;or(e)publicize use of the Equipment in any manner(including, without limitation, print, audiovisual or electronic); or (f) allow the use of the Equipment by anyone other than Authorized Individuals (City acknowledging that the Equipment may be dangerous if used improperly or by untrained parties). 21. ASSIGNMENT. Neither party may without written approval of the other assign this agreement or transfer its interest or any part thereof under this agreement to any third party except that a party may assign its rights or obligations to a third party in connection with the merger, reorganization or acquisition of stock or assets affecting all or substantially all of the properties or assets of the assigning party. 3 Cl" , GIN r SUNBELT RENTALS, INC. Minds Callahan Richard oza . it} an )er Print Name a,w:. cpi 'l Kd.iaUal�x u.o.�.ew wu. Attest W.mamas .maw City 'le Signature Contract Manager Title Legal Dept\Agreement\Sunbelt-Equipment Rental Agreement-Revised-9-8-26.docx Page 1 of 3 0 SUNBELT RENTALS SUNBELT RENTALS, INC. PC#: 1341 360 KING ST Salesman: 134103 BASINGER, ALEXIA (13 ELK GROVE VILLAGE, IL 60007 1 Typed By: ABASINGER 847-725-7168 Job Site: RESERVATION CITY OF ELGIN 150 DEXTER CT III I'llllllll'IIIIIIIII'I 111111 ELGIN, IL 60120 5527 Contract #.. 188785133 C#: 847-931-5604 J#: 224-833-1511 Contract dt. 9/02/26 Date out.... 10/16/26 9:00 AM Customer: 523463 Est return.. 10/18/26 9:00 AM CITY OF ELGIN Job Loc 150 DEXTER CT, ELGIN DEXTER COURT Job No 15- CITY OF ELGIN - 150 P.O. # NOCS 2026 ELGIN, IL 60120 Ordered By.. MEDINA, SMOOCH NET 30 QTY EQUIPMENT # Min Day Week 4 Week Amount 55.00 SPIDER BOX TPB50P 37.50 37.50 102.50 362.50 4125.00 0060001 6.00 400AMP CAM W/4 100AMP CAM OUT 61.75 61.75 137.25 335.75 741.00 0060245 6.00 200AMP SPIDER BOX FEEDER PNL 102.60 102.60 213.30 568.65 1231.20 0060390 2.00 400AMP SPIDER BOX FEEDER PNL 99.75 99.75 199.80 532.95 399.00 0060400 4.00 100KW DIESEL GENERATOR 490.00 490.00 1095.00 3080.00 3920.00 0090100 3PHASE/208V 1.00 150KW DIESEL GENERATOR 836.00 836.00 1920.00 4754.00 1672.00 0090120 3PHASE/208V 1.00 PINTLE HOOK HITCH 8.55 8.55 18.90 47.60 17.10 40.00 50' SPIDERBOX CABLE 6/4 17.55 17.55 54.31 160.00 1404.00 60.00 100' SPIDERBOX CABLE 6/4 40.51 40.51 92.66 227.19 4861.20 55.00 50' #2 BANDED 5-WIRE 8.00 8.00 40.00 115.00 880.00 10.00 25' #2 BANDED 5-WIRE 14.25 14.25 34.20 96.90 285.00 10.00 4/0 CAMLOCK CABLE 50' 35.00 35.00 110.00 320.00 700.00 350.00 CABLE RAMPS 7.00 7.00 24.50 52.50 4900.00 12.00 CAMLOCK TURNAROUND M TO M 4.75 4.75 12.60 26.35 114.00 *** EQP MSG *** • ' IF THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING,DAMAGES AND REPAIRS 1.The total charges we an estimate based on the estimated rental period and other information provided by Customer. 2.Customer asaanrs al risks associated with the Equipnwk during the Rental Period,including Injury and&image to persons,property and the Equipment. 3.Customer Is reepotWble for and shell Gray permit roperly trained,Authorized Irdvldale to use the Equipmeni 4.If the Equipment does not operate propery Is not suitable for Customers intended use,does not have operating and safety Instruction or Customer has any questions regarding use of the Equipment. Customer not use the EgWpnert and dW coning 8eubak Nm,edaattry S.to ur�ment misuse or using damaforaged or malfunctioning fiqurpnert mrim ay resent In bodily injurykijury or death and malftsktioning dCCussttonsmmer agrees that Customer(I)assumes all risk associated thereunder and(II) 6.Custa indemnifies Sunbelt s received,Entities ,urnderst claims and ap ees t damages o a e suit of ed dnrges and ail the ted or [De ns pegs pplue"ij eeulons on the reverse aide of this Contract('sectlo,n") hdudk Release and Indemnification Mn Section 8 and Emkomental Fee In Section 16,which can also be found at www.suarbeknntalacoonlnntalcontract.'DuIvery/Pkhp Surcharge fee explanation Is ailabla r Yvwwiner must cat 7.customer must cattier=Inquest pickup of 6quipmart,retain the Phcltllp Number given by Stanbelt and will be responsible for Equipment tack actudlyrotrleved by Sunbelt. 8.Customer waives its right to a jug trial In any dispute as set forth In Section 19. t 9.At the election ofSunbelt or Cusicmer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth Ni Section 20. Customer Is declining Rental Protection Plan(see reverse side for details)_(Customer Initials) Customer Signature Date Name Printed Delivered By Date www.suneltrentalscom roFwss•1 per 10/10ne1 Page 2 of 3 0 SUNBELT RENTALS SUNBELT RENTALS, INC. PC#: 1341 360 KING ST Salesman: 134103 BASINGER, ALEXIA (13 ELK GROVE VILLAGE, IL 60007 1 847-725-7168 Typed By: ABASINGER Job Site: RESERVATION CITY OF ELGIN 150 DEXTER CT III IIIIIillllllllllllllli IIIIII ELGIN, IL 60120 5527 Contract #.. 188785133 C#: 847-931-5604 J#: 224-833-1511 Contract dt. 9/02/26 - Date out.... 10/16/26 9:00 AM Customer: 523463 Est return.. 10/18/26 9:00 AM CITY OF ELGIN Job Loc 150 DEXTER CT, ELGIN CITY DEXTER COURT Job No 15- CITY OF ELGIN - ELGIN, IL 60120150 P.O. # NOCS 2026 Ordered By.. MEDINA, SMOOCH NET 30 QTY EQUIPMENT # Min Day Week 4 Week Amount 8 Hrs/Day 40 Hrs/Wk = 1 .0x Rate 9-16 Hrs/Day 41-80 Hrs/Wk = 1 .5x Rate 17+ Hrs/Day 81+ Hrs/Wk = 2 .0x Rate During a declared state of emergency and/or a pending or existing natural disaster, all rentals of this generator type will be billed at a one-week minimum rental period for 24-hours of usage per day. The one-week minimum rental at 24-hour usage rates does not apply to pre-existing generator rentals. SALES ITEMS: Qty Item number Unit Price 32 DLABOR EA 365.000 11680.00 2218XXX050 DISMANTLE LABOR *TEAR DOWN ON SUNDAY 56 ELABOR EA 200.000 11200.00 2218XXX050 ERECTION LABOR *SET UP THURSDAY/FRIDAY 24 ELABOR EA 300.000 7200.00 2218XXX050 ERECTION LABOR *TECH WATCH ON FRIDAY/SATURDAY *12 HRS. EACH DAY DELIVERY CHARGE 2200.00 PICKUP CHARGE 2200.00 IF THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING,DAMAGES AND REPAIRS 1. The total charges are an estimate based on the estimated rental period and other Information provided by Customer. 2. Customer assumes all risks associated with the Equipment during the Rental Period,including injury and damage to persons,property and the Equipment. 3. Customer is responsible for and shall only permit property trained,Authorized individuals to use the Equipment. 4. If the Equipment does not operate properly,is not suitable for Customer's intended use,does not have operating and safety instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact Sunbelt immediately. 5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer(I)assumes all risk associated thereunder,and(ii) indemnifies Sunbelt Entitles for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment. 6. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),including Release and Indemnification in Section 8 and Environmental Fee in Section 16,which can also be found at www.sunbeltrentalscomirentalcontract.'Delivery/Pickup Surcharge fee explanation is available at www.sunbehrentals.com/surcharge. 7. Customer must contact Sunbelt to request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actualtyretrieved by Sunbelt. 8. Customer waives its right to a jury trial In any dispute as set forth In Section 19. 9. At the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20. Customer Is declining Rental Protection Plan(see reverse side for details) _(Customer Initials) Customer Signature Date Name Printed Delivered By Date www.sunbeltrentals.com PDFWS64 llaev tOHORS) Page 3of3 SUNBELT RENTALS SUNBELT RENTALS, INC. PC#: 1341 360 KING ST Salesman: 134103 BASINGER, ALEXIA (13 ELK GROVE VILLAGE, IL 60007 1 847 725 7168 Typed By: ABASINGER Job Site: RESERVATION CITY OF ELGIN 150 DEXTER CT III I1IIIIIIIIIIIII'llllll III'll ELGIN, IL 60120 5527 Contract #.. 188785133 C#: 847-931-5604 J#: 224-833-1511 Contract dt. 9/02/26 Date out.... 10/16/26 9:00 AM Customer: 523463 Est return.. 10/18/26 9:00 AM CITY OF ELGIN Job Loc 150 DEXTER CT, ELGIN 150 DEXTER COURT Job No 15- CITY OF ELGIN - ELGIN, IL 60120 P.O. # NOCS 2026 Ordered By.. MEDINA, SMOOCH NET 30 QTY EQUIPMENT # Min Day Week 4 Week Amount SALES ITEMS: Qty Item number Unit Price *Pre-Deliver 1 gen on Mon. 10/12 *Pre-Deliver rest of equipment on Weds. Sub-total : 59729.50 10/14 - Omnia #R241502. . . . Total : 59729.50 All amounts are in USD • IF THE EQUIPMENT DOES NOT WORK MULTIPLE SHIFTS OR CUSTOMER IS RESPONSIBLE FOR PROPERLY,NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING,DAMAGES AND REPAIRS 1.The total charges are an estivate based on the estimated rental period and other information provided by Customer. 2.Customer assures al risks associated with the Equipme0 during the Rental Period including injury and damage to persons,property and the Equipment. 3. Customer is responsible for and shall only permit property trraaiirneedd Authorized Individuals to use the Equipment. 4. If the Equipment does not operate property.is not suitable for Customer's Intended use,does not have operating and safety Instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and Wall contact Sunbelt Immediately. 5. Equipment misuse orusing damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer(i)assumes all Ask associated thereunder,and(li) indemnities Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment. 6. Customer has received,read,understands and agrees to the estimated charges and all the terms on this page,plus all sections on the reverse side of this Contract("Sections"),Including Release and Indemnification In Section 8 and Environmental Fee in Section 16,which can also be found at www.sunbelfrentals.comlrentalcontract.'Delivery/Pickup Surcharge fee explanation Is available at www.stnbe l t re nt als.can!Faroe 7. Customer must contact Sunbelt tb request pickup of Equipment,retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actuallyretrfeved by Sunbelt. 8. Customer waives Its right to a jury trial In any dispute as set forth in Section 19. 9. Al the election of Sunbelt or Customer,Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth In Section 20. Customer Is declining Rental Protection Ran(see reverse side for details) (Customer Initials) Customer Signature Date Name Printed Delivered By Date www.sunbelt rent alscom lOPN56.1(Rev 1e:10.25)