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HomeMy WebLinkAboutRequest to Purchase - Public Works (003)Memo Grant County Department of Public Works 124 Enterprise St. S.E. Ephrata, WA 98823 To: Honorable Board of County Commissioners Grant County 06'1 � � From, John Spiess �)W,5 Central Shop Manager Date: June %, 2021 Re: Authorization to Rent Equipment for Vegetation Management Le"'N -0015 I Authorization to ptffcba:5e: Public Works: Serial No. 21.093 Rent a Ford F-550 Vegetation Control spray truck from Woodland Resource Services Inc. from June 16th to October 15th in the amount of $2,125.00 per week plus a onetime $500.00 training charge plus tax of $3,,216.25 for a total of $41.,966.25. This vehicle is being sole sourced because Public Works could not find any other vendors that offered vegetation control equipment to rent. The new vegetation control trucks that have been ordered are not anticipated to arrive until September and with the supply shortages being experienced may be delayed even further. I have reviewed the information and find it acceptable to move forward with the purchase of this item. Dated this day of <� A 2021 Board of County C(Ofl6issioners Grant County, Washington Approve Disapprove Abstain Dist #1 Dist #1 Dist #1 Dist #2 Dist #2 Dist #2 Dist #3 Dist #3 Dist #3 "To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment." Information .................................................(509) 754-6082 Keith Elefson, County Road Engineer ................... Ext. 3502 Ed Lowry, Supervisor -Dist. No. I ................................ Ext. 3540 FAX ............................................................... (509) 754-6087 Bob Bersanti, Construction Engineer .................... Ext. 3503 Mike DeTrolio, Supervisor -Dist. No. 2 ........................ Ext. 3591 E-mail ............................. publicworks@grantcountywa.gov Loc Ohl, Accountant Lead ....................................... Ext. 3555 John Brissey, Supervisor -Dist. No. 3 ........................... Ext. 3541 Sam Castro, Public Works Director ..................Ext. 3504 Rod Follett, Foreman -Sign Shop ............................ Ext. 3579 John Spiess, Supervisor -Central Shop ............. (509) 754-6086 Samuel Dart, Assistant Director ..................... .... Ext. 3519 Jason Collings, Solid Waste ......................... (509) 754-43:19 Andy Booth, Bridge Supervisor .................................... Ext. 3535 I Equipment Lease Agreement THIS AGREEMENT, made the l6th day of June 2021, by and between Woodland Resource Services, Inc , a corporation organized and existing under (Name of Lessor) . the laws of the state of Washington --, with its principal office located at (Name of State) 1063 Emerson Rd, Ellensb=, WA, 98926, referred to herein as hereafter called the Lessor, (Street Address, City, County, State, Zip Code) and Grant County Public Works, a government entity organized and existing under the (Name of Lessee) laws of the state of Washington, with its principal office located at (Name of State) 124Enterprise St, Ephrata, WA 98823, referred to herein as Lessee. (Street Address, City, County, State, Zip Code) For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 11 Lessor hereby leases to Lessee all equipment named, identified, and described in the List of Equipment, attached hereto as Exhibit A, for use at Lessee's business at 124 Enterprise St, Ephrata, WA 98823 , for the total sum of $2125 plus tax per week beginning on the 16th day of June 2021 and ending on or before the 15th day of October 2021. Lessor shall provide such equipment in operative condition. Lessee shall pay Lessor interest at twelve percent (12%) or the highest lawful rate, whichever is greater, on any delinquent payment from the date when such payment was due until paid along with expenses of collection, including actual attorneys' fees. 2. The sum of $ 500 plus tax shall be paid by Lessee to Lessor to provide one day of equipment training. I Lessee shall pay all sales taxes hereafter imposed and relating to Lessee's use or possession of the equipment. 4. Lessee shall cover all "Woodland Resource Services" insignia but will not remove, alter, or disfigure any existing numbering, lettering, or insignia displayed upon the equipment and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage; and Lessee shall at his own expense have the oil changed every 3,000 miles, maintain the equipment and its appurtenances in good repair and operative condition, and return it in such condition to Lessor, ordinary wear and tear resulting from proper use thereof alone expected. Lessee shall notify Lessor of any electrical defects or repairs needed. No electrical repairs are to be made by Lessee without written approval from Lessor. 5. The expense of all repairs made during the term of this Lease, including labor, material, parts and other items shall be paid by Lessee. Equipment Lease Agreement Page 1 of 6 6. Unless otherwise mutually agreed in writing, Lessee shall supply and pay all operators of the equipment during the term of this Lease. All operators shall be competent. ?. LESSON, BEING NEITHER THE MANUFACTURER. NOR A DEALER IN THE EQUIPMENT, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER., INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE. LESSOR. FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. LESSEE AGREES THAT HE IS LEASING THE EQUIPMENT IN ITS AS IS AND PRESENT CONDITION. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER. RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF. 8. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected With, or resulting from the equipment or the Lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless, from all loss and damage to the equipment during the rental period. Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Lessee's assumption of any and all liability for injury, disability and death of workmen and/or other persons caused by the operation, use, control, handling, or transportation of the equipment during the term of this Lease. 9. Lessee shall inspect the equipment within three (3) business days after receipt thereof. Unless Lessee within said period of time gives written notice to Lessor, specifying any defect in or other proper objection to the equipment. Lessee agrees that it shall be conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged that the equipment is in full compliance with the terms of this Agreement, in good condition and repair, and that Lessee is satisfied with and has accepted the equipment in such good condition and repair. Lessor shall have the right at any time to enter the premises occupied by the equipment and shall be given free access thereto and afforded necessary facilities for the purpose of inspection. 10. Lessee shall keep the equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof; and shall carry public liability and property damage insurance covering the equipment and its operation and handling for the amount of at least Five Hundred Thousand Dollars ($500,000.00) or such other reasonable amount specified by Lessor. Lessee shall pay the premiums and any deductible portions therefore and. deliver C01 to Lessor.. Equipment Lease Agreement Page 2 of 6 11. Lessor shall at all times retain ownership and title of the equipment. Lessee shall give Lessor immediate notice in the event that any of said equipment is levied upon or is about to become liable or is threatened with seizure, and Lessee shall indemnify Lessor against all loss and damages caused by such action. 12. The following shall constitute a default under this Agreement: A. Lessee shall default in the payment of any rent or in making any other payment hereunder when due, or B. Lessee shall default in the payment when due of any indebtedness of Lessee to Lessor arising independently of this lease, or C. Lessee shall default in the performance of any other covenant herein and such default shall continue for five days after written notice hereof to Lessee by Lessor, or D. Lessee becomes insolvent or makes an assignment for the benefit of creditors, or E. Lessee applies for or consents to the appointment of a receiver, trustee, or liquidator of Lessee or of all or a substantial part of the assets of Lessee under the Bankruptcy Act, or any amendment thereto (including, without limitation, a petition for reorganization, arrangement, or extension) or under any other insolvency law or law providing for the relief of debtors. 13. Upon any such default, and in the event of any default by Lessee in any of the terms of this Agreement, Lessor shall have the right to exercise any one or more of the following remedies: A. To declare the entire amount of rent hereunder immediately due and payable as to any or all items of the equipment, without notice or demand to Lessee; B. To take possession of any or all items of the equipment without demand, notice, or legal process, wherever they may be located. Lessee hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute a termination of this lease as to any or all items of equipment unless Lessor expressly so notifies Lessee in writing; C* To terminate this lease as to any or all items of equipment, and/or D, To pursue any other remedy at law or in equality. 14. Notwithstanding any such repossession, or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Lease. All such remedies are cumulative, and may be exercised concurrently or separately. Equipment Lease Agreement Page 3 of 6 15. No equipment shall be sublet by Lessee, nor shall he assign or transfer any interest in this Agreement without written consent of Lessor. Lessor may assign this Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, successors, and assigns of the parties hereto. 16. Lessor retains the right to terminate the agreement at any time, with a minimum 1 weeks' notice to Lessee, in the event of damage to other Lessor equipment in which the leased equipment is required to fulfill previously agreed to contractual obligations. 16. All remedies of Lessor hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of the Lessor to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any right or remedy hereunder preclude any other or further exercise of any other right or remedy. If any term or provision of this lease is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this lease. 17. Lessee shall pay Lessor all costs and expenses, including attorneys' fees, 'incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. 18. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that theremaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 19. No Waiver. The failure of either party to this Agreement to insist -upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 209 Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washinpton- (Name of State) 21. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 22. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding Equipment Lease Agreement Page 4 of 6 arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 23. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 24. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party, 25* Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 26. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 27. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly -constituted authority will be followed and complied with in: all respects by both parties. WITNESS our signatures as of the date first named above. �urorq - 10-tvy'Or— (Name of Lessor) (Name of sse) By: (Signature of Lessor) ,44L rV el C) Y -.r- P (PrintedName and Title of Lessor) B"A o V (%nature of Lessee) 0 j(Printed Name and Title of Lessee) Equipment Lease Agreement Page 5 of 6 Exhibit A List of Equipment 1. 2015 Ford F-550, License Plate number C 83 5 5 5 S, DOA Plate number G738 Equipment Lease Agreement Page 6 of 6