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15-106 Resolution No. 15-106 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST SIDE TRACTOR SALES CO. FOR TRADE-IN OF NON-FUNCTIONING SURPLUS EQUIPMENT FOR EQUAL PURCHASE CREDIT TOWARDS NEW EQUIPMENT 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 Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with West Side Tractor Sales Co. for the trade-in of non-functioning surplus equipment for equal purchase credit towards new equipment, 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, 2015 Adopted: August 12, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT t Ii1S AGREEMENT is hereby made and entered into this 12th day of August, 2015. by and between the City of Elgin. Illinois, a municipal corporation(hereinafter referred to as-City-) and \Vest Side Tractor Sales Co., a Delaware corporation (hereinafter referred to as "West Side .tractor"'). 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. City shall purchase. and West Side Tractor shall sell to City the goods and/or services described hy Attachment A. attached hereto and made a part hereof. 2. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. 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. 4. There shall he no modification of this agreement, except in writing and executed with the same formalities of the original. 5. 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. 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. 7. 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. For the purposes of executing this agreement. any signed copy of this agreement transmitted by fax machine or e-mail 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 fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or c-mail as a defense to this agreement and shall tbrever waive such defense. 8. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto,the terms and provisions of this purchase agreement shall control. 9. No Monetary payment shall he made by the City pursuant to this agreement. CITY 0 )IN Air / WEST SIDE TRACTOR SALES C.O. Sea r.Stegall,City Man/r Print .: Attes : —_ Signature City Clerk (R 1pei4T— Title I:I.cgal I)ej I\Agrecanent\Purchase agreement-West Side Tractor 7-20-15.das 2 ATTACHMENT A West Side Tractor Sales WES!'SIDE 1400 W.Ogden Ave • Naperville,IL 60563 Milts (630)355-7150•Fax(630)355-7173 PRICE QUOTATION TO ELGIN,CITY.OF STDEPT- _.June 10.2015 _. 150 DEXTER COURT ELGIN,IL IL 60120 (847)931-5991 _Tate VanOvermeiren HERE 1,`i,QUS QUOTATION ON THEStSLQPS NAM ,,$iJ05LE T TO Tk1E.cQNDITION$-.d,Q7= _ CONDITIONS The pecan and terms on this quotation are not subject to verbal Charges or other agreements unless approved in venting by the home othce of the setter I I quolaiiars aril agreements are cunt:ngent upon shires.eccdents,hies avulabddy of materials and ell osier causes beyond our contra. Prices are based on costs and conditions esistirig on data d quotaton and are subject to charge by ax seller bereft Mat acceptance Typographical and stenographical errors subject to correctnn. Purchaser agrees to accept overage or shortage net in excess of ten percent to be charged for pro-rate Purchaser assumes Yabxsy for patent and copyright mfnngement'Men goods are made to purchasers specification.When quotabons specifies material to be Icon shed by ale purchaser.ampe dtowance must be made tot reasonabre spoilage and material most be sortable quality to facilitate efficient producbutr. Conditions not speciacaay stated neram snail be governed by established bade customs temts 4.cansisterd snitn those slated herein vetch may appear on Purchasers format order Iva nor be binding on the seller. QUANTITY DESCRIPTION 1 New 2015 EQUIPMENT PRICING Serial Number Factory Order 1 NEW 2015 FELLING SKIDSTEER TRAILER $9,900 2015 J Model FT-15 IT-I Tilt Trailer 1 NEW 2015 JOHN DEERE C24P COLD PLANER $23,200 Hi Flow with Attachment control harness 24"Grinding path Water Tank Kit 2 2015 ATLAS COPCO 165CFM AIR COMPRESSORS $15,650ea $31,300 Model-XAS185 KO T4F with 3 YR AIR END WARRANTY Final Tier 4 Compliant 185CFM @ 100 PSI Dual 3/4"Air Outlets 1 2015 JOHN DEERE TX 4X2 GATOR $9,100 Independent Suspension,V Twin Kawasaki Engine Weidmen Canopy with Front Windshield 1 FREIGHT $500 TOTAL NEW EQUIPMENT PURCHASES WITH STD MFG WARRANTY JOB READY $74,000 INCLUDES OPERATOR,SAFETY,AND PARTS MANUAL 1 TRADE IN EQUIPMENT AS FOLLOWS:SEE ATTACHED SHEET WITH DESCRIPTION FOR MFG,YEAR,MODEL,SERIAL NUMBER,APPROX HOURS,AND NOTES EQUIPMENT IS BEING TRADED IN"AS IS"WITH NO WARRANTIES TOTAL USED EQUIPMENT TRADE IN VALUE BALANCE DUE $0.00- Sell Price $74000.00 Sales Tax exempt Trade IN Misc $74,000.00 Balance Due $0.00---- CITY OF ELGINS EQUIPMENT TRADE IN AND DISPOSAL DESCRIPTION MFG YEAR MODEL SERIAL# Hours Air i on.pri Yc.r Atlac Copco 1996 XAS90 603318 920 ,+."= t.Nuotessor ingersol Rand 1999 1R185 302696011221 329 'u= r cmmessor Grimmer Schmidt 1998 185DR 21384 168 Aer (r?rnr fov)01 Sriilair 1993 DPQ185 004-111831 972 (i'i'± S+<.e'r Bobcat 2002 S250 520711987 2529 :'! ',1t-er Case 1998 90XT JAf029S842 4960 1:id ;1..,-r Case 1998 95X1 1Af0257121 3525 ', 'I°'4'` '-",,,{or Deere 1989 5441 525449 9500 Utility Tractor Kubota 1987 L2550 51466 2500 Utility Tractor New Holland 1997 1925 G001919 3309 Utility Tractor Ford 1990 2000 G272895 1085 Hammer for Skid Steer Stanely 2000 MB350 350442 Hammer for Skid Steer Stanely 2000 MB350 356008 Snow Blower for Skid Steer Snow Blast 1988 80" Blower 0 Broom for Skid Steer Sweepster 1993 LH 920701 Snow Blower for Skid Steer FFC 2001 LAF 6785F A007537 Planer for Skid Steer Alitec 1998 CP16 20810792 Hyd Tilt Coupler for Backhoe Wain Roy Pre XIS (2)tooth bars for skid steers Case 1998 XT Buckets 71" (1)tooth bar for skid steer Bobcat 2002 5250 Bucket 72" Snow Wing for 544E-? Monroe 2000 AHFM 10' Snow Wing for 6241 Monroe 2000 AHFM 10' Message Board ADDCO 2004? ADS 521350306 Message Board ADDCO 2004? ADS 521350306 Cushman Cart Textron Whiteman Mortar Mixer Multiquip Motorized walk behind roller Bomag