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Resolution 2024-27 Resolution No. 2024-27 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS,AUTHORIZING THE PURCHASE OF A SKID STEER FROM McCANN INDUSTRIES,INC., IN AN AMOUNT NOT TO EXCEED $45,440 WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City's Municipal Code provides that the City may approve contracts for supplies and equipment that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, the City's current skid steer is past its useful lifespan at nearly 10 years old and the City has therefore determined the skid steer is in need of replacement; and WHEREAS,the City has$55,000 set aside in the Fiscal Year 2025 budget for the purchase of a skid steer; and WHEREAS,McCann Industries,Inc. (the"Supplier"), an Illinois corporation,is a supplier of construction equipment, and has provided the City with a quote (the "Quote"), attached hereto and incorporated herein as Exhibit A; and WHEREAS, pursuant to the provisions of the Quote, the Supplier has offered to accept the City's current skid steer at a trade-in value of $27,000, and shall provide the City with a replacement skid steer for an amount not to exceed $45,440, after the trade-in value of the current skid steer has been deducted from the full price of a new skid steer; and WHEREAS, the City's current skid steer was purchased from the Supplier, the City has a good relationship with the Supplier, and the Supplier is conveniently located for any potential future maintenance needs; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the health and safety of the City and its residents to waive the competitive bidding requirement and to authorize and approve the purchase of the skid steer from the Supplier in accordance with the provisions of the Quote. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. In consideration of the foregoing recitals, the City Administrator is hereby authorized and directed to proceed with the purchase of the skid steer, as described in the Quote, from McCann Industries, Inc. Resolution No. 2024-27 Page 1 Section 3. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 281h day of May, A.D. 2024. C Y CLERK KEN KOCH ABSENT DAN TRANSIER AYE ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this �j day of , A.D. 2024. MAYOR Attest: CI CLERK Resolution No. 2024-27 Page 2 � �� Performance you can count on o " Equipment• Suppl •Smfce+Rental Serving the Constructor"' www.Mccanrtolsh e.co EQUIPMENT SALES ORDER CUSTOMER/PURCHASER NAME CUSTOMER NUMBER ORDER DATE Ryan Horner UNITE008 5/8/2024 D/B/A AOd6LL UNT MANAGER CUSTOMER PO# United City of Yorkville STREET ADDRESS WRITTEN BY CUSTOMER JOB# 800 GAME FARM ROAD JRB CITY STATE ZIP OUNTY Yorkville IL 60560 endall CELL PHONE BUSINESS PHONE BUSINESS FAX E-MAIL 630 553 4370 1 rhorner@yorkville.il.us NO DELIVERY OF GOODS TO BE MADE UNTIL FULL SETTLEMENT IS RECEIVED DELIVERY TO BE MADE ON OR BEFORE OR AS SOON AS POSSIBLE DELIVERY ADDRESS(IF DIFFERENT FROM ABOVE) CITY,STATE ZIP QUANTITY YEAR HOURS MAKE,MODEL,DESCRIPTION SERIAL NUMBER CASH PRICE NEW USED RENTAL EA HITEM X 2024 5+/- Takeuchi TL10V2-CRHRP High Flow TBD $ 72,440.00 Cab w Heat&A/c, H d Coupler High Flow Aux Hyd w Elec. $ Lexon Door, ROPS& FOPS Protection 72" HD BOCE Bucket $ -.24 Mo/2000 Hr Full Machine Warranty- $ TRADE-IN EQUIPMENT I SELLING PRICE 72,440.00 TRADE-IN SHIP TO ❑Bolingbrook ❑McHenry ❑Schererville TRANSPORTATION TO BE PAID BY ❑CUSTOMER ❑MCCANN YEAR HOURS DESCRIPTION TRADE AMT OWING NET TRADE OWED TO WHOM NOTE# MAKE MODEL SERIAL# ALLOWANCE ALLOWANCE 2015 1800+/- Takeuchi TL8 HF 200801830 27,000.00 27,000.00 0.00 0.00 TOTAL TRADE ALLOWANCE 1 27,000.00 0.00 27,000.00 Purchaser hereby bargains,sells and conveys unto Seller the above described Trade-in Equipment and warrants and certifies it to be free and clear of liens,encumbrances,and security interests except as shown above. OTHER FEES 1. SELLING PRICE W$ 72,440.00 1. Doc Fees $ 2. TRADE ALLOWANCE(per above) $ 27,000.00 2. License&Title $ 3. NET PRICE(1-2) $ 45,440.00 3. Extended Service Contract $ 4. LOCAL SALES TAX Exempt 0.00% $ 0.00 4. Physical Damage Insurance $ 5. AMOUNT OWING city Rate $ 0.00 5. Total Other Fees 0+2+3+4) $ 0.00 6. FREIGHT $ RENTAL CREDIT CALCULATION 7. OTHER FEES(per left column) $ 0.00 1. #Months 8.TOTAL PRICE(3+4+5+6+7) $ 45,440.00 2. Monthly Rental Rate $ 9. CASH WITH ORDER $ 3. Total Rental(1x2) $ 0.00 10. RENTAL CREDIT(per left column) $ 0.00 4. %Credit Granted 0.00% 11. BALANCE ON DELIVERY(8-9-10) $ 45,440.00 If purchased within: 0-30 days..,.....100%applied TERMS: El CASH ON DELIVERY 31-60 days.........90%applied ❑ RETAIL INSTALLMENT CONTRACT (Terms Subject to Credit Approval) 61 &after...........85%applied If retail contract,indicate desired length of contract years 5. Rental Credit(3x4) $ 0.00 If retail contract,indicate desired interest rate % ❑LKE Exchange Transaction Norifica is hereby--that McCann intlust^es.Inc.has assigned to a queliletl intermetliary Rs^ghh fo sell any rental risers lisretl PLEASE SEE REVERSE SIDE FOR TERMS AND SIGNATURE w"hin rm:an° ant as pan°��k e. ALL TERMS SUBJECT TO CREDIT APPROVAL PAGE 1 OF 2 liilsats lndit Bohnigbrook Ch Crestwood l4RCNen ry WSUConde SchereriMe 543 S. R hm ng Rd 250 E N th Frontagnt Rd. 2350 S Laf +St 4701 West 1371h`at 410 W C+y l al take tad. 13W N Rand Rd 1133 Induanstpolts,Blvd Adoe%an,IL eO'01 ook,1L 604,to ChW_aegsa,It 60608 Crbstvw• ,It W445 McRenry,It 60050 Waucooda,It 6OW St:hbf&`.Rrkd,IN 46375 Phone: (fiXi 62 I-00W Phone: t 0)�N-7710 Phone: 1312 942-WOO (+t )59;-3110 a (S1 ) 5-04203 ( 7)326.9 4 ' (219)866-6646 Fix: (Mg 6?7 S7t 1 Fax: (630)7 a"9.71599 Fax: (512)421 3502 Fax: I`7 )"T 9945 Fax: (815)385.2975 fax (847)526-9448 F x (2191$65,0269 Ir► � Performance meet- you can cunt on �,/, I t)1 tpmerlt* tktpl€ • Tvice*Rentals •rr 'Serving the Constructor www,McCannOnllnexam BASE WARRANTY ON EQUIPMENT Warranty coverage on the equipment covered by this order,if any,has been explained to purchaser. The warranty coverage is outlined below and indicated by the box checked. ❑ NEW CASE PRODUCT WARRANTY or qualified Case warranty WARRANTIES PROVIDED BY THE SELLER ON NEW CASE PRODUCTS SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT,THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER. © NEW -Other manufacturer's warranty ❑ USED-When the equipment covered by this order is used equipment,THE PURCHASER STATES THAT HE EXAMINED THE EQUIPMENT and is buying the equipment AS IS and with NO REPRESENTATIONS OF WARRANTIES unless otherwise stated in writing below. EXTENDED SERVICE CONTRACT Accept Decline $ Deductible Initial Initial Rill Full Machine ❑ Power Train ❑ Power Train+Hydraulics El Power Train+Electronics 2000 Hoursourchased.the term of the extended sery ce contract beams concurrently with the base warranty start date and ends w th extended service contract exprat on date or maximum hours(whicheygr comes first), 24 Months PREVENTATIVE MAINTENANCE PACKAGE Accept Decline Quote Number Initial Initial Purchase Price $ Term: Years Hours Financed with Machine: Yes ❑ No ❑ PREVENTATIVE MAINTENANCE PACKAGE SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT,THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER. PHYSICAL DAMAGE INSURANCE Accept Decline $ Deductible Initial Initial Premium Calculation: Selling Price of Equipment X Monthly X Number of = Total (excludingsales tax Rate Months Premium X X = 0 SALES AGREEMENT The Customer requests that McCann Industries,Inc ("hereinafter referred to as"McCann"),sell,rent,loan,demo,service,and repair goods and equipment on account in consideration of which the Customer and McCann agree as follows: Payment for equipment is due at time of order and in no event shall equipment be delivered prior to full settlement. The Customer shall pay the full amount of any outstanding balance shown on the monthly statement within thirty(30)days of the invoice date. Should payment not be received by McCann according to the credit terms stated,the entire balance is considered in default and due for immediate payment. Customer agrees to pay a service charge on the outstanding balance for which payment has not been received according to terms stated. The service charge shall be a minimum of 1-1/2 per month of the Customer's outstanding past due balance,after deducting current payments and credits. Such service charges shall become part of the Customer's outstanding balance. Customer agrees to pay McCann a reasonable processing fee to cover any check returned by Customer's bank as unpaid. If the Customer fails to pay pursuant to the terms of this agreement and McCann elects to take action to collect this Account,the Customer shall pay all costs incurred by McCann including,but not limited to: Attorney's fees,collection agency fees,court costs,deposition and transcript costs,sheriffs fees,special process server fees,expert witness fees and bond costs. THE CUSTOMER ASSIGNS AS SECURITY FOR ANY INDEBTEDNESS INCURRED OR TO BE INCURRED TO McCANN UNDER THIS ACCOUNT ALL OF THE CUSTOMER'S PRESENTLY OWNED AND EXISTING AND HEREAFTER ACQUIRED AND ARISING. ACCOUNTS, ACCOUNTS RECEIVABLE, CONTRACT RIGHTS, CHATTEL PAPER, EQUIPMENT, INVENTORY. AND ALL PROCEEDS OF THE FOREGOING COLLATERAL. CUSTOMER APPOINTS ANY REPRESENTATIVE OF McCANN AS CUSTOMER'S ATTORNEY-IN-FACT TO SIGN AND FILE A UCC-1 FINANCING STATEMENT TO PERFECT THE SECURITY INTEREST. THIS TRANSACTION SHALL BE GOVERNED BY THE LAW OF THE STATE OF ILLINOIS,AND JURISDICTION AND VENUE FOR THE HEARING FOR ANY MATTER IN DISPUTE SHALL BE WITH THE DUPAGE COUNTY CIRCUIT COURT OF ILLINOIS. Customer waives any right to a jury trial and any right to file a Counter-Claim in any action to enforce this agreement.At McCann's sole discretion,any deposition will take place in Du Page County. Time is of the essence of this contract and If Customer fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewals hereof,or in the payment of interest or defaults in the payment of any installment due under any other indebtedness or contract held by the McCann or Assignee,or if proceedings are instituted against Customer under any bankruptcy or insolvency law or Customer makes an assignment for the benefit of creditors or if for any reason the McCann deems himself insecure and so declares all payments heretofore made by Customer shall be retained by the McCann and all Indebtedness hereunder shall become immediately due and payable,with or without notice,together with all expenses of collection by suit or otherwise,including reasonable attorney fees and McCann may,without notice or demand,take possession of the equipment set forth on the reverse hereof,or any additions to, replacements of,or any proceeds from said equipment or may render the property unusable or McCann may require Customer to assemble the property and make it available at a place designated by McCann. McCann may resell the retaken property at public or private Sales in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking,repairing,holding,preparing for sale,other selling expenses including attorney fees and legal expenses,the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder,and Customer agrees to pay any deficiency upon demand by McCann,and surplus,however,shall be paid to Customer. Said retaking or repossession shall not be deemed rescission of the contract McCann may exercise any other rights and remedies provided by applicable law. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof. The Customer acknowledges that it has special skill and knowledge in the selection and use of the equipment and material to be purchased,loaned,used for demo or rented from McCann and expressly disclaims any reliance upon any statements or representations made or to be made by McCann regarding the sale,rental,demo or repair of any material or equipment. The Customer also acknowledges that it is their responsibility to comply with the manufacturer's instmctions in regard to storage,preparation,mixing,and application of materials and expressly disclaims any reliance upon any statements or representations made or to be made by McCann regarding the materials. MCCANN MAKES NO WARRANTIES,EXPRESSED OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE, The Customer also waives any liability upon McCann for any direct,special,or consequential damages that Customer may suffer. The exact manner in which this equipment will be used and the qualifications of the user and the equipment or lack of equipment of the user are beyond the control of the McCann,therefore McCann expressly disclaims any responsibility for Customer's compliance or failure to comply with OSHA and/or other governmental safety or health regulations or standards. The Customer authorizes any of its employees it sends to McCann to deliver or pick up equipment or materials,for purchase,loan,demo,rental,or repair,to sign demo,rental or delivery receipts or repair orders for said equipment or materials and agrees to be bound by all the terms of said documents. If McCann's employees assist in loading or unloading,the Customer agrees to assume the risk of,and hold McCann harmless from,any property damaged or personal injuries attributable to the negligence of McCann,including McCann's employees.In the event the Customer directs McCann to deliver any material or equipment,and the Customer does not have a representative present at the time of delivery,the Customer authorizes McCann to leave the material and equipment at the designated place of delivery. Upon said delivery,the Customer will be responsible for said material and equipment. McCann's use of a purchase order number is for Customer's convenience and identification only. This agreement supersedes any inconsistent provision in any purchase order. Absence of a purchase order number shall not constitute grounds for non-payment of charges when the Customer has had possession,or the right to possession of the items charged. Customer agrees to inspect all maternal immediately upon delivery to verity: (a)the quantities described in the agreement are the quantities delivered and(b)there are no visible defects in the material. The Customer also agrees to examine all delivery tickets and invoices upon receipt. Unless the Customer gives McCann written notice by certified mail-return receipt requested within three(3)days of delivery,the Customer waives any claim he may have against McCann for any determinable deficiency or defect in said delivery,product,or repair,and any objection he may have to the amount of the invoice. The Customer shall indemnify and hold McCann harmless against any and all claims,demands,liabilities,losses,damages,and injuries whatsoever kind or nature,and all attorneys fees,costs and expenses relating to or m any way arising out of the ordering,acquisition,delivery,installation,possession,maintenance,use,operation,control,loss damage,destruction,return,surrender,sale or disposition of the material and/or equipment purchased,loaned,used for demo or rented from McCann. This indemnity shall not be affected by any termination of this agreement with respect to said materials and equipment. McCann shall be excused if delivery is delayed or rendered impossible by differences with workmen,strikes,work stoppages,car shortages delays in transportation,inability to obtain labor at materials and also by any cause beyond the reasonable control of McCann,including but not restricted to acts of God,goods,fire,storm,acts of civil and military authorities,war and insurrections. The parties agree that this is the entire agreement and that no oral representation or agreement has been made which would modify this agreement or be a condition precedent or subsequent to the enforcement of this agreement and that this agreement may not be modified except by a writing signed by each of the parties. The invalidity of any portion of this agreement shall not be construed as a waiver thereof and shall not excuse Customer from strict performance.Customer authorizes McCann to insert the serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said equipment. Customer represents that he has read and has been afforded the opportunity to read the terms of this agreement and agrees to be bound by them. IT IS UNDERSTOOD THAT THIS IS THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON,ILLINOIS. Charles 'JR"Boerner PURCHASER: The United Ci orkville ACCOUNT MANAGER: (COMPANY) BY: DATE: 5/8/2024 BY X ii DA _-- 5/8/2024 Authorized Signature t orized Signat NAME: f0nn �,(1�1 TITLE: Mt7C- ACCEPTED: MCCANN INDUSTRIES, INC. print Name NOTICE TO PURCHASER Caution. Do not sign this contract before you thoroughly read both sides of it or if it contains blank spaces,even if otherwise advised. PAGE 2 OF 2 REV.7/2007 You are entitled to an exact and completely filled-in copy of this Contract when you sign it. Keep it to protect your legal rights. 110191 1a1111ta" Addison SOWVbrook Chill Crestwood McHenry V1la rands sctoemrvift 5»3 S Laving Rol 250 E NCepth Frcxstali Rai. 23;r0 S Laf ,St 4701 Vai 1371h St d10 W7 C-ystal torve Rtt 13 N Rand Rd 1133 Irxi(anatoItR Blvd At n-IL 60101 ° br k (L 60440 crh vjZa,EL lwoocL IL 6N45 li&Hextry,IL 6DO50 Wauctiti IL 60064 8---heretvii 1N 46375 Photle: IOW}627- e 063C 139.77 a0 Phone: (314 942.9200 Phone (7 i1;697-3110 e` i815) -0420 Phei ( 7)526-9444 e' (219)866-6645 Fare' ( 4 627.5711 Fax: )7 9 7699 F.Ix 131?;4P1.3502 Fix. (7n ;°557- 45 Fax: t$t55)385-2975 Fax c947i 526 944 Fax (21 )865.0269