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18-47 Resolution No. 18-47 RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY REGARDING THE PURCHASE OF A NEW LIME FEEDER AND CONTROLLER AT THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT 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 Smith Ecological Systems Company regarding the purchase of a new lime feeder and controller at the Leo Nelson Riverside Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2018 Adopted: April 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT I HIS .\GRhLMLN I is hereh\ made and entered into this 25 da\ of April. 2018. b\ and bets\een the Cit\ of Elgin. Illinois. a municipal corporation (hereinafter referred to as "Cit\") and Smith Ecological S\stems Compan\. an Illinois corporation. (hereinafter referred to as "SMITH" or "Seller") NO\k . U II.RI 1 ORI . for and in consideration of the mutual promises and covenants contained herein, the sufticienc\ of \\hich is hereb mutual{) aclkno\\ledged. the parties hereto hereh\ agree as t.11o s: Cit\ shall purchase. and SMI I II shall sell the goods and or ser\ices described h\ Attachment A. attached hereto and made a part hereof. ?. This agreement is subject to and au\erned h\ the lass, of the State oI'Illinois. Venue for the resolution of an disputes or the enforcement of an rights arising out of or in connection \\lift this agreement shall he the Circuit Court of Kane Count\. Illinois. SM H hereh\ irre\ocahl\ consents to the jurisdiction of the Circuit Court of Kane ('cunt\. Illinois for the enforeentent of any rights. the resolution of an\ disputes and or for the purposes of an\ lass suit brought pursuant to this agreement or the subject matter hereof: and SMI 1 II agrees that ser ice h\ first class E.S. mail to Smith Ecological Systems Compan\ c o 13r\an G. Selander. 1827 18' A\elute. Rockford. Illinois 61104 shall constitute etfeeti e ser\Ice'. Both parties hereto \\al\e an\ rights to a jur\. �. I here shall he no modification of this agreement. e\cept in \\riling. and c\ecuted \\ith the same formalities as the original. 4. I his agreement embodies the \s hole agreement of the parties. I here are no promises. terms. conditions or obligations other than those contained herein. and this agreement shall supersede all pre\ious communications. representations or agreements. either \erhal. \\ritten or implied bets\een the parties hereto. SMI I H hereh\ \\ai\es an\ and all claims or rights to interest on Iuone\ claimed to he due pursuant to this agreement. and \\ai\es art\ and all such rights to interest to \\Inch it Isla\ other ise he entitled pursuant to la\\. including. hut not limited to. pursuant to the Local Go\ern►tlent Prompt Pa\ment Act (51) ILLS 505'1. et set/ ). as amended. or the Illinois Interest Act (815 II.('S 205,I. et ceq.). as amended. I he pros isions of this paragraph shall sur\i\e an\ eviration. completion and or termination of this agreement. 6. The terms of this agreement shall he se\erable. In the e\ent an\ of the terms or the pros isions of this agreement are deemed to he \oid or other\\ise unenforceable lar an reason. the reminder of this agreement shall remain in full fierce and effect. 7. Not ithstanding an\ other pros ision of this agreement. it is expressly agreed and understood that in connection \\ith the performance of this agreement. SM 1111 shall comply \\ith all applicable federal. state. cit\ and other requirements of lass. including. but not limited to. an applicable requirements regarding pre\ailing ,A ages. minimum \\age. ssorhplace salt and legal status of employees. \►\ ithout limiting the foregoing. S\11 111 hereh\ certifies. represents and \\ar ants to the ( it\ that all of S\1I 1 I'S employees and or agents \\ho \\ill be pro\iding products and or services ss ith respect to this agreement shall be legal l\ authorized to \\oris in the t'nited States. SMI 111 shall also. at its expense. secure all permits and licenses. pa) all charges and lees. and gise all notices necessary and incident to the due and lass tul prosecution of the ssork. and or the products andror sers ices to he pros ided for in this agreement. the ('its shall has the right to audit any records in the possession or control of SNIII II to determine S\1I I H'S compliance \sith the pros isions of this section. In the es em the Cit) proceeds ss ith such an audit. 1111I I shall make mailable to the (it> SMI I H'S relesant records at no cost to the City. City shall pa) an> and all costs associated ss ith an> such audit. 8. This agreement may he executed in counterparts. each of ss hick shall be an original and all of sshich shall constitute one and the same agreement. For the purposes of executing this agreement. an> signed cop) of this agreement transmitted by fax machine or e-mail shall he treated in all manners and respects as an original document. I he signature of any part) on a cop) of this agreement transmitted b> tax machine or e-mail shall he considered for these purposes Us an original signature and shall has the same legal effect as an original signature. An> such faxed or e- mailed cop) of this agreement shall he considered to hake the same binding legal effect as an original document. At the request of either part) an> fax or e-mail cup) of this agreement shall he re-executed hs the parties in an original form. \o parts to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall tOrever ssaise such defense. �). In the e em of an> conflict bets\cell the terms and pros isions of this purchase agreement and Attachment A hereto. the terms and pros isions of this purchase agreement shall control. 10. City shall pa) the total sum ofS-1.1.-1-15.1)0 ss ithin thirt_> 1301 da>s of deliser> or cit>'s receipt of ins oice. sshicheser is later. The atOrementioned total sum is inclusise of all freight. shipping and applicable taxes. I I. III I shall complete delis er> of all goods on or before December 31. 2018. I?. In no esent shall (its he liable for an> monetary damages in excess of the purchase price contemplated h) this agreement. In no es em shall City he liable tier any consequential. special or punitise damages. or any damages resulting from loss of profit. I3. 1 ransler of title. and risk of loss shall pass to the ( it> upon delisers of the goods. All transportation and delivers shall he at SM I H'S sole expense. S;\1Tl H LCOl.O(l('.\t SYS I I \1S L111' O1 ( I\ ('(\IPA\1' W1c � /AM F. MG1cSc1-1 Print Name - Richard (i. hoial. ( it) Manager C •' t -- - Signature ( it> Clerk 6A L-- M A K3 A G . - S � l itle 4 I S Jo, 1 /nom SES ATTACHMENT A I WNW*Y TM ryt MOP Smith Ecological Systems Company 817 17th Ave — --- Rockford IL 61104 Estimate# Date Terms Phone# 815/968-8079 2346 1/18/2018 \:t o Fax# 815/968-8506 E-mail orders@smithecologtcal.com Name/Address Elgin Water Department Factory Trained Rep Attn Finance Department 150 Dexter Court [-M13 Elgin IL 60120-5555 Qty Item Description ILMI Total 1 31-165 Gravimetric belt feeder 43 895.00 2000 PPD Includes a)304SS Housing& Ingredient Contact Part b) 1!2 HP Motor-0-90VDC TENV Tachometer cl 304SS SCR Drive&Setpoint Controller Panels d)Weigh Deck Load Cell Broken Belt Detector '8 weeks lead time FREIGHT Estimated shipping 550 00 We are Just providing the feeder in 304SS material of construction and delivering it to Email the jobsite If anything else is required. please let us know Also note that the setpoint controller now includes an HMI touchscreen(in lieu of the old touchpad screen which is no longer available) The winng connections should be the same Notes II � f Price%alidity 30 dans Pricing does not include duties.brokerage tees.travel.freight charges.and or other applicable charges(unless speci ticall listed above). If material orders are tax exempt. Total supply cops of lax I xemption Certicates. Total 54.1.445.110 All equipment osill he guaranteed against detects in material and%%orkmanship for a period of one I►sear from date of installation(not to exceed 18 months from date of shipment). Warrants shall be limited to the exchange ofdetectise parts.excluding all labor and shipping costs. We sincereh appreciate this opponunits to quote sour requirements.and look f orsoard t i being of sen ice!