015-23 - Resolution - Purchase of Compact Track Loader Skid SteerDocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51EE5
RESOLUTION NO. 015-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
THE PURCHASE OF A COMPACT TRACK LOADER (SKID STEER) FROM THE
EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING
PROCUREMENT PROCEDURES.
WHEREAS, a City Skid Steer Compact Track Loader utilized by the Public Works
Department and funded by the Storm Drainage Utility Fund is scheduled for replacement in
2023 as part of the Equipment Rental and Revolving Fund 500 (ER&R) replacement process; and
WHEREAS, the City has an interlocal agreement with purchasing cooperative Sourcewell
(City Contract No. C075-14) which allows the City to utilize the contracts procured by
Sourcewell for services and purchases, so long as the City confirms the contract complies with
all applicable statutory procurement requirements for the purchase or service, per RCW
39.34.030; and
WHEREAS; consistent with City Contract No. C075-14 and the City's Procurement
Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works
Department identified Pape Machinery as an authorized John Deere Dealer and as an approved
vendor for the desired Compact Track Loader, awarded via Sourcewell Contract No. 032119-JDC
(Sourcewell Contract); and
WHEREAS, Staff reviewed the procurement process utilized by Sourcewell for the
Sourcewell Contract, confirmed the procurement requirements were met, and obtained all
necessary documentation from Sourcewell and the vendor regarding procurement; and
WHEREAS, on January 13, 2023, Public Works staff requested and received a quote for
the item from Pape Machinery of $93,842.88 (plus applicable tax), for a total purchase price of
$102,570.27; and
WHEREAS, on January 27, 2023, the City's Public Works Department completed the
Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was
consistent with the Sourcewell Contract; and
WHEREAS, the 2023-2024 Biennial Budget includes $104,000.00 in Equipment Rental
and Revolving Fund 500 (ER&R) for the purchases of the Compact Track Loader, respectively;
and
WHEREAS, the City's Procurement Policies require City Council authorization for
purchasing budgeted items that cost $35,000 or more, and for unbudgeted purchases; and
WHEREAS, the Pape Machinery quote, attached as Exhibit A, is for the purchase of ER&R
Equipment in an amount that exceeds the $35,000 authorization limit; and
DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5
Resolution No. 115-23
Page 2 of 4
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described herein
for this purchase by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves the purchase from Pape Machinery in the amount of
$102,570.27 (applicable tax included). The Mayor or his designee is authorized to take all
actions necessary to effectuate the purchase, consistent with this authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 14t" day of February 2023.
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
DocuSigned by:
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Mark Trenary, Mayor Pro-Tem
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DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5
kw MACHINERY
Remove Watermark Wondershare
PDFelement
BILL TO ISIC Code:
Buyer: City of Port Orchard
Address: 216 Prospect St.
City: Port Orchard State: WA Zip: 98366
County: Kitsap Customer No.:
Ph. No. Fax No.
SHIP TO Name: City of Port Orchard
Address: 216 Prospect St.
City, State: Port Orchard, WA Zip: 98366
County: Kitsa
IDELIVERY DATE (EST):
P.O. No.
EQUIPMENT
I MAKE
MODEL 331G
EQUIP.#
TRANSACTION
INVENTORY
SALE
1
RPO
NEW
I USED
RENT
John Deere
1SER.# TBD
❑x
❑
0
❑
❑
Description:
12022 JOHN DEERE 331G COMPACT TRACK LOADER WITH SEVERE DUTY DOOR/REAR GRILL
$120 766.00
SOURCEWELL DISCOUNT 32% CONTRACT #032119-JDC
-$38 645.12
SEVERE DUTY FORESTRY PACKAGE
$7 272.00
FACTORY FREIGHT PRE DELIVERY INSPECTION DELIVERY
$4 450.00
Attachments:
Del' / F.O.B.
AGREED
PRICE $ $93,842.88
TRADE YEAR MAKE
MODEL
SERIAL NUMBER
NA
It Tax Exempt, Provide Certificate
or enter Rate Below
Sales Tax %
$0.00
Lienholder:
Total Price
$93 842.88
Trade-in Allowance: $0.00 Less (Est.) Payoff: $0.00
Net Trade in
$0.00
BILL OF SALE: FOR TRADE -IN DESCRIBED HEREIN. WE CERTIFY THAT THERE IS NO LIEN, CLAIM, DEBT,
MORTGAGE OR ENCUMBERANCE OF ANY KIND, NATURE OR DESCRIPTION AGAINST THIS PROPERTY NOW
EXISTING, OF RECORD OR OTHERWISE AND THAT SAME IS FREE AND CLEAR AND IS MY/ OUR SOLE AND
ABSOLUTE PROPERTY EXCEPT AS NOTED ABOVE.
BUYER'S SIGNATURE: X
Sales Tax 9.3 %)
$$ 727 39
$102 570.27
Down Payment
$0.00
FINANCE
❑ FINANCED ❑ ON ACCOUNT ❑X CASH/COD
Sourcewell Fee
TERMS SUBJECT TO APPROVAL):
Rental Service Fee
$0.00
Amount to Finance
$102,570.27
Length of Term
Est. PMT. W/ Ins.
EE
INSURANCE AGENT:
Est. Pmt. W/O Ins.
WARRANTY
❑x NEW BASIC AS IS / NO WARRANTY
(DESCRIBE)
NEW EXTENDED USED
(DESCRIBE) (DESCRIBE)
This Sales Order is subject to additional terms and conditions on the reverse side of this document. The undersigned Buyer agrees that it has read and understands the
terms and conditions, warranty disclaimers, and limitations of liability set out in the additional terms and conditions on the reverse side of this document and that the same
are included in and are part of this Sales Order as if set forth on the face hereof.
PAPS MACHINERY, Inc.
(Store Address): 3607 - 20TH STREET EAST
TACOMA, WA 98424
By: AARON CUSICK (253) 922-8718
Title: Territory Mgr Date:
/% �- ,/�� BUYER /1, / A. /
By: h _- Title: /"W U/ & /
By: Title:
Date:
DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5
TERMS AND CONDITIONS OF
M Wondershare
Remove Watermark
K PDFelement
TERM SAND CONDITIONS OF SALE: SalesOrdersare based on the
terms and conditions stated herein. Unless otherwise provided on the face
hereof, offers are good for acceptance for a peri od of 30 days from the date
hereof. An order by the Buyer shal I constitute an acceptance of the tams and
condi ti ons here n proposed. I f, and onl y i f, no offer of sal e i s i ssued by Se I er,
then the i nvd ce shal I be deemed: an acceptance of the Buyer's order; a wri tten
confirmation; and afinal, complete, and exdusivewritten ex press on of the
agreement between Seller and Buyer. Buyer is hereby notified that additional or
di fferent terms from those oonta ned here n are obj ecti onabl e
1. Taxes Buyer shal I pay all local, state, and federal taxesarisng from or
related to any sal a or lease to which thi s document relates, except for taxes
upon or measured by net income of Seller.
2. Delivery. Stated or promised delivery dates are est i mates onl y based upon
Set I er's best j udgment and Sel I er shal I not be respond bl a for de i veri es I ater
than promised regardl ess of the cause De ivery periods are prof ected from the
date of reoapt of any order by Seller, but if equipment to be furni shed by Seller
is to be manufactured sped fi cal I to fi I I a particul ar order, del i very periods wi I I
be prcj ected f rom the date of Sal I er's race pt of compl ete man ufacturi ng
i nformati on. I f the furni shi ng of equi pment on orders accepted by Se I a i s
hindered or prevented by publicauthority or by the existence of war or other
conti ngend es, i nd udi ng, but not I i mi ted to, shortage of materi at s, fi res, I abor
difficulties, acddents, del aysin manufacture or transportati on, acts of God,
embargoes, inability to ship, inability to insure agarnst war risksor substantially
i ncreased prices or freight rates, or other causes beyond Se Ier's control, the
obl i gati on to fi I I or oompl ete such orders shal I be excused by Sel I a's opti on.
3. Transportation and Claims Prices quoted are net F.O.B. point designated
in writing by Set I er. When no F.O.B. point is designated in writing by Se I er,
pri ces for new equi pment shal I be deerned to be net F.O. B. pet nt of
manufacture and pri ces for al I other equi pment shal I be deemed to be F.O. B.
Sel I er's pl ace of bus ness at whi ch the order for the equi pment i s accepted.
When transportati on is al I owed, the price charged wi I I be adj used to reflect the
lowest transportati on rates i n effect at the ti me of shi pment even though such
rates may differ from those quoted by Se ter. Se Ier's respond bi I ity for the
equi pment seal I cease and al I ri sx of loss seal I become the Buyer's upon
del ivery of the equi pment to the fi rst cam er for shi pment to the Buyer or his
consignee; even though such del ivery seal I be made prior to the arri val of the
equi pment at the F.O. B. pet nt des gnated, and any and al I d a ms for shortages,
del iveri es, damages or non -del ivery must be made by the Buyer or hi s
cons gnee to the cam a. Set I er shal I i n no event be respond bl a for shortages i n
shi pments unless noti ce of such shortage i s given i n writi ng to Sel ter
wi thi n 15 days after reoei pt of shi pment.
4. Payment and Security. Buyer agrees to pay i n ful I for the equi pment at ti me
of del i very. Buyer agrees to pay the I ate charge on any past due bal ance at the
rate of 18% per annum. The sgnator warrants that he/she has authority to
execute this order on behalf of any party for whom hershesgns, and that such
party has the power to enter i nto thi s agreement and perform i is terms As
security for all of Buya'sobligationstoSal Ier, Buyer grants to SEI I er a securi ty
interest in the equipment and authorizes Seller to file all documents necessary
to perfect Sel cer'ssecurity interest. The security interest granted hereunder is in
additi on to any other rights aver I able to Sel le, and Sel le shal I have al I of the
rights and remedies avar table to a secured party under the Uniform Commed al
Code, all of which are cumul ati ve Throughout the duration of Sel I er's securi ty
i nterest. Buyer shal I keep the equi pment ful I i nsu red agar nst theft and loss or
damage by fi re and other casualty as Sel le may from ti me to ti me requi re i n
accordance wi th such terms as Sel I er may requi re
5. Buyer to Furnish. Performance by Sel Ier issubje t to the Buyer furnishing
a sat i sfactory credit rating certificate, letter of credit, evide nceof finand ng, or
any other s mi tar papers necessary for the sati sfactory oompl etion of such order
6. Laws Governing. AI I orders wi I I be governed by the laws of the State of
Oregon.
7. Assignment. The right to any monies due or to become due hereunder may
be assigned by Sella, and Buyer, upon reodving notice of such assignment,
shd I make payment as di rested.
8. Limitations of Warranties If "NEW' warranty is indicated on the reverse
sdeor if new equipment ispurchased hereunder, all warranties are strictly
given only by the manufacturer. Copiesof manufacturer's warranty can be
obtar ned from Se I a. If "USED" warranty is i ndi cated on the reverse s de
Se ter hereby warrants to Buyer that the equi pment or components thereof
desgnatedonthe reverse sde,shal I be free under normal use and service
from defects i n materi al and workmanshi p for the pan od sham, commend ng
on the date of del i very. Buyer's exd usi ve rernedy for breach of the I i mi ted
warranty shal I be the repai r or replacement of the warranted equi pment
without charge to Buyer when returned at Buyer's expense to the Sal Ier's
fad I ity where the equi pment was purchased, with proof of purchase Buyer
must gi ve notice of any warranty dai m not late than 7 days after the
ex pi ration of the warranty period and must return the equi pment to Set la for
reps r or repl aeene nt no late than 30 days after expn ration of the warranty
period. Any action agar nst Se ter for breach of the I i mi ted warranty must be
commenced wi thi n one year after the date of de ivery of the equi pment.
Set I er's warranty does not extend to any defect, d ar m, or damage attri butabl e
to the far I ure to operate and/or mar ntai n the equi pment i n accordance wi th the
manufacturer's sped fi cati ons, or due to the fa I ure to operate or man ntar n the
equipment in a000rdarnoewith any reoommendationsof Seller. If "ASIS' is
i ndi sated on the reverse si de, no warranty of any ki nd i s be ng gi ven and the
equipment is being sold with ail faults THE WARRANTIES IN THIS
PARAGRAPH AND ON THE REVERSE SIDE ARE THE EXCLUSIVE
WARRANTIESGIVEN BY SELLERAND SUPERSEDEANY PRIOR.
CONTRARY, OR ADDITIONAL REPRESENTATIONS, WHETHER
ORAL OR WRITTEN. SELLER HEREBY DISCLAIMSAND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, I NCLUDI NG THE I M PLI ED WARRANTI ES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISI NG
FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER SHALL
NOT BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE TO PERSONS
OR PROPERTY RESULTING FROM THE FAILURE OR DEFECTIVE
OPERATION OFTHE EQUIPMENT; NOR WILL SELLER BE LIABLE
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGESOFANY KIND SUSTAINED FROM ANY
CAUSE. Thisexlcusonapplies regardless ofwhether such damages are
sought for breach of warranty, breach of contract, negligenoe, or strict liability
in tort or under any other legal theory.
9. Rental Purchase 0 pt i on. If rental purchaseopti on (RPO) is granted in any
addendum, the purchase pri ce shal I be tendered to Set I er coi nd dental I y wi th
the exercise of the purchase opti on provi ded that Buyer is not then i n defaul t
in performing all of the terms and conditionsof leasewith Sella.
10. Notice This paragraph shall serve asnoticethat The Pape Group, Inc. has
assigned its rights to set I its rental equi pment (as may be desri bed i n this
sal es order) and its ri ghts to sal es proceeds (i nd udi ng " trade- i n assets' rel aced
thereto) to North Star Deferred Exchange as pat of an I RC Sec. 1031
exchange
11. Attorneys Fees I n the event sui t or action i s i nsti tuted agar nst Buyer on
account of or i n oonnecti on with or based upon the terms hereof, the Buyer
agrees to pay, i n addi ti on to the costs and di sbursaments provi ded by I aw,
such sum as the court may adj udge reasonable attorney's fees i n both the triar
and appel late courts, or i n connecti on with any bankruptcy proosedi ng.
12. Entire Agreement. Theforegcing and any addendum shall constitutethe
oompl ete and exd usve agreement between the parties, and it is expressly
understood and agreed that no promi ses, pravi s ons, terms, warranti m
conditions, guarantees, or obl i gati cns whatsoever, ether expressed or implied,
other than as here n set forth or provided for shal I be bi ndi ng on a ther party.
Each party may transmi t its signature by facsi mi le to the other party and such
facsimilesgnaturesshal I have the sane force and effect as unoriginal
s gnature