HomeMy WebLinkAboutOrdinance 6503113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6503
File Number: 2021-0898
OZARK KENWORTH, INC.
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND AUTHORIZE THE PURCHASE OF THREE DUMP TRUCKS AND ONE
ROLL -OFF TRUCK FROM OZARK KENWORTH OF SPRINGDALE FOR THE TOTAL
AMOUNT OF $780,322.00 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES,
AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, Units 767, 769. 4029 and 9086 are either at the normal replacement points range or will
be by the time replacements arrive; and
WHEREAS, Ozark Kenworth has the ability to build the three replacement dump trucks and are
trying to hold a Roll -Off for the City that has already been built but needs Purchase Orders as soon as
possible; and
WHEREAS, there are no other manufacturers or dealers that are able to bid at this time; and
WHEREAS, due to on -going supply chain and manufacturing issues, as well as unpredictable ordering
windows, competitive bidding is not feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above
circumstances make competitive bidding not feasible or practical and, therefore, waives the
requirements of formal competitive bidding, and authorizes the purchase of three dump trucks for use
by the Transportation Department and one roll -off truck for use by the Recycling and Trash Collection
Page 1 Printed on 11/17121
Ordinance: 6503
File Number: 2021-0898
Division from Ozark Kenworth of Springdale for the total amount of $780.322.00 plus any applicable
taxes and freight charge.
Section 2: That the City Council of the City of Fayetteville. Arkansas hereby approves a budget
adjustment. a copy of which is attached to this ordinance.
PASSED and APPROVED on 1 1/16/2021
Attest: ��N� t t ► r ►�����
G\-E: K3,11
Kara Paxton, City Clerk Treas*r ; �YE�EVILL'C
%9�.y•.ANSPS.•�y
'4dU TONS i i00���`
Page 2 Printed on 11/17121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0898
Agenda Date: 11/16/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
OZARK KENWORTH, INC.
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
AUTHORIZE THE PURCHASE OF THREE DUMP TRUCKS AND ONE ROLL -OFF TRUCK FROM
OZARK KENWORTH OF SPRINGDALE FOR THE TOTAL AMOUNT OF $780,322.00 PLUS ANY
APPLICABLE TAXES AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, Units 767, 769, 4029 and 9086 are either at the normal replacement points range or will be by
the time replacements arrive; and
WHEREAS, Ozark Kenworth has the ability to build the three replacement dump trucks and are trying to hold
a Roll -Off for the City that has already been built but needs Purchase Orders as soon as possible; and
WHEREAS, there are no other manufacturers or dealers that are able to bid at this time; and
WHEREAS, due to on -going supply chain and manufacturing issues, as well as unpredictable ordering
windows, competitive bidding is not feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above circumstances
make competitive bidding not feasible or practical and, therefore, waives the requirements of formal competitive
bidding, and authorizes the purchase of three dump trucks for use by the Transportation Department and one
roll -off truck for use by the Recycling and Trash Collection Division from Ozark Kenworth of Springdale for
the total amount of $780,322.00 plus any applicable taxes and freight charge.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this ordinance.
City of Fayetteville, Arkansas Page 1 Printed on 11/17/2021
City of Fayetteville Staff Review Form
2021-0898
Legistar File ID
11/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Sara Combs 11/12/2021 FLEET OPERATIONS (770)
Submitted By Submitted Date Division / Department
Action Recommendation:
An ordinance to authorize a bid waiver for the purchase of three dump trucks for the Transportation
Department and one Roll -Off Truck for the Recycling and Trash Division through Ozark Kenworth of Springdale,
AR, and to approve a budget adjustment.
9700.770.1920-5802.00
Account Number
02079.2021 & 02082.2021
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Shop
Fund
Heavy Duty Vehicles & RTC Vehicles
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 3,159,000.00
$ 1,798,486.00
1,360,514.00
$ 780,322.00
$ 180,000.00
i60,192.00
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 16, 2021
TO: Mayor and City Council
THRU: Terry Gulley, Assistant Public Works Director
FROM: Sara Glenn, Fleet Operations Superintendent
DATE: November 12, 2021
CITY COUNCIL MEMO
SUBJECT: Bid Waiver for the purchase of 4 Heavy Duty Trucks
RECOMMENDATION:
An ordinance to authorize the purchase of three dump trucks for the Transportation
Department and one Roll -Off Truck for the Recycling and Trash Division through Ozark
Kenworth of Springdale, AR and to approve a budget adjustment.
BACKGROUND:
These purchases are replacements for the following units:
• Unit 767 a 2012 International Flat Bed truck
Unit 769 a 2012 Kenworth Dump Truck
Unit 4029 a 2015 Peterbilt Roll -Off
• Unit 9086 a 2006 Power Curb Slip Form Paver
All of these items are either at the normal replacement points range or will be by the
time these replacements arrive.
DISCUSSION:
Currently, Ozark Kenworth has the ability to build the three replacement dump trucks
and they are trying to hold a Roll -Off for us that has already been built. The problem is
that to secure these items for the City, Kenworth needs the Purchase Orders as soon as
possible or they will lose their ability to get these for us.
There are no other manufactures that are able to bid at this time. We have checked
with Peterbilt who said their window is closed for the year, and we spoke with
International who may be able to give a quote starting in December, but there are no
guarantees on if they can or not. The need to move forward with the quotes that were
obtainable through Kenworth is dire in order to ensure that the City receives
replacement sometime in 2022. Due to the on -going supply chain, manufacturing
issues, and ordering windows being unpredictable, competitive bidding is not feasible or
practical; and therefore, a bid waiver for these items is being requested.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Last month Fleet brought forth an ordinance for bid waiving, Ordinance 6491. This
ordinance states that it is "...to waive competitive bidding and authorize the purchase of
new vehicles through various manufactures' authorized dealer networks, but to require
informal quotes or bids for similar vehicles..." This request will provide for a similar
process for these larger vehicles that are having the same procurement issues. This
class of trucks are incurring an extremely long build time. If we wait, the next time for
windows to open will hopefully be in July for the 2023 build year.
All items have been submitted to the Equipment Committee and no comments or
concerns have been voiced.
BUDGET/STAFF IMPACT:
Sufficient funds have been budgeted for these items, however unit 9086 was originally
budgeted in the 2022 budget. A budget adjustment is being requested to access these
funds now. There is a shortfall in collection for the replacement of Unit 767, however it
should be made up with the collection between now and when we receive the new unit
and/or with the sale of the old unit. Sufficient funds have been collected for the other
three replacements.
Attachments:
Quote for three dump trucks
Quote for one Roll -Off Truck
Emails from Peterbilt and International showing no quotes
Ordinance 6491
Z7K-A-HH C
OZARK KENWORTH, INC. ("Dealer")
doing business as: MHC KENWORTHNOLVO - SPRINGDALE
NEW TRUCK ORDER SPRINGDALE, AR 72762
4678 N 45TH ST
1-479-756-1200
PURCHASER
ADDRESS
City of Fayetteville
113 W Mountain St
BUSINESS PHONE
OTHER PHONE
CITY
STATE
ZIP CODE
COUNTY
DATE
479-575-8289
479-575-8257
Fayetteville
AR
72701-6069
WASHINGTON
11/03/2021
QUANTITY
YEAR
MAKE
MODEL
BODY TYPE
SALESPERSON
1
2023
KW
T880
CORY HUDSON
STOCK NUMBER
COLOR
TO BE DELIVERED ON OR ABOUT
FINANCIAL SOURCE
03/23/2022
Cash
SERIAL NUMBERS
PRICE OF VEHICLE(s) INCLUDING FET
$210,478.95
Fleet/Customer - City of Fayetteville #6807
TRADE TERMS AGREEMENT APPLICABLE ® YES
NOTE: If vehicle(s) are not funded within 15 days of truck receipt date at the dealer, customer will be charged a per diem amount per unit until
units are fully funded. Customer has 60 days from delivery date of the truck to return and have any add-ons listed on the sales order completed.
DESCRIPTION OF TRADE-IN OR TRADE ATTACHMENT
YEAR
MAKE
MODEL
SUBTOTAL $210,478.95
BUSINESS TAX
SERIAL NUMBER
MILEAGE
SALES TAX
LOCAL TAX
BALANCE OWED TO
TRADE DIFFERENCE
REGISTRATION FEES
TOTAL DELIVERED PRICE $210,478.95
LESS: TRADE-IN ALLOWANCE
LESS: BALANCE OWED ON TRADE-IN
TRADE-IN EQUITY
LESS: CASH DEPOSIT SUBMITTED WITH ORDER
PURCHASER'S CERTIFICATION
CASH DUE ON DELIVERY (Includes above Taxes,
but may not be inclusive of all Applicable Taxes)
Purchaser and the person signing this Order on behalf of Purchaser hereby certify that:
1 Purchaser and the person signing this Order on behalf of Purchaser have carefully
UNPAID BALANCE (Amount to be Separately
Financed by Purchaser) Due in Cash on Delivery $210,478.95
READ ALL PAGES OF THIS ORDER
reviewed the terms and conditions printed on the front and reverse side hereof, and agree
to be bound thereby. The terms and conditions printed on the front and reverse side hereof
represent the entire and integrated agreement between the parties relating to the purchase
and sale of the Vehicle and cancels and supersedes prior negotiations, representations or
agreements, either written or oral.
THE TERMS AND CONDITIONS ON PAGE 2 HEREOF ARE PART OF THIS
ORDER.
THIS ORDER IS NOT VALID UNLESS SIGNED BY AND ACCEPTED BY AN
AUTHORIZED MANAGER OF DEALER.
2. Purchaser and the person signing this Order on behalf of Purchaser have Carefully
reviewed this Order and fully understand that the Vehicle listed above will be equipped only
with the optional equipment specifically listed on the face of this Order plus all standard
equipment as designated by the manufacturer at the time of delivery.
THE PRICE OF THIS VEHICLE DOES NOT INCLUDE ANY APPLICABLE
TAXES, WHICH ARE THE RESPONSIBILITY OF PURCHASER AS SET
FORTH ON ALL PAGES HEREOF.
ANY TAXES DISPLAYED ON THIS TRUCK ORDER ARE ESTIMATED.
3. The person signing this Order on behalf of Purchaser is of legal age to execute binding
ACTUAL TAXES, AS APPLICABLE, WILL BE INVOICED TO THE
contracts in this State. The person signing this Order on behalf of Purchaser has the
PURCHASER AT THE PREVAILING TAX RATES AVAILABLE AT TIME OF
authority and has been duly authorized to sign this Order on behalf of the Purchaser.
VEHICLE INVOICE.
ANY DELIVERY DATES INDICATED ON THIS ORDER ARE ESTIMATES AND
SUBJECT TO THE MANUFACTURERS' PRODUCTION SCHEDULE AND
FINAL APPROVAL.
THIS ORDER CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
�'�ERMS)kND CONDITIONS ON PAGE 2 HEREOF ARE PART OF THIS AGREEMENT
SIGNED (A T IZr=D RESEN ATIV F PURCHASER) :
DATE
ACCEPTED BY DEALER
DATE
' ' v`tfII
(27-189063-27 9 Customer Initials
TRCK-SALE-WI-4.3-02-A (REV 05/13) HCUD1795000
CONTINUATION OF TERMS AND CONDITIONS CONSTITUTING A PART OF TRUCK ORDER
This Truck Order Corder), including the front of this Order and these terms and conditions, constitutes a
contract for the purchase of the vehicle(s) or chassis ("Vehicle") listed and described on the front side
hereof, between dealer identified on the front side hereof ("Dealer), and the purchaser identified on the front
side hereof ("Purchaser). This Order is binding upon Dealer and Purchaser upon each parry's execution on
the front side hereof.
1. PRICE REVISION: The manufacturer of any new Vehicle ordered hereunder by Purchaser may change
the price to dealer of such Vehicle after the date of this Order. In the event of any such price change, prior to
the delivery of any new vehicle to Purchaser, the Dealer shall have the right to change the price of the
Vehicle described on the front side hereof by providing notice of such change to Purchaser. If Purchaser
does not agree to pay the changed price of the Vehicle, Purchaser shall cancel this Order by providing
Dealer with written notice of such cancellation within two (2) days of notice from Dealer of the change in the
price of the Vehicle. If Purchaser fails to timely provide Dealer with such written notice, Purchaser shall be
bound to pay the changed cash price of the Vehicle. In the event Purchaser cancels this Order pursuant to
this Paragraph 1 and has traded a used vehicle as part of the consideration for a new Vehicle purchased by
Purchaser, such traded -in vehicle shall be returned to Purchaser upon payment of a reasonable charge for
storage and repairs (if any) or, if such traded -in vehicle has been previously sold by Dealer, the amount
received therefore less a selling commission of 15% and any expense for storing, insuring, conditioning, or
advertising such vehicle for sale shall be returned to Purchaser.
2. DEALER NOT AGENT OF MANUFACTURER: It is understood that there is no relationship of principal
and agent between the Dealer and the manufacturer of the Vehicle and that the Dealer is not authorized to
act, or attempt to act, or represent itself, directly or by implication, as agent of the manufacturer, or in any
manner assume or create, or attempt to assume or create, any obligation on behalf of or in the name of the
manufacturer. It is further understood that neither Dealer nor anyone acting on its behalf has made, or
adopted from the manufacturer, any guarantee, representation or warranty regarding the residual, trade-in,
repurchase or buyback value of the Vehicle (a "Repurchase Obligation"), and that any Repurchase Obliga-
tion is the sole and exclusive responsibility of the manufacturer. Purchaser hereby acknowledges, agrees,
represents and warrants that Purchaser shall look solely to the manufacturer to perform or satisfy any
Repurchase Obligation.
3. DISCLAIMER OF WARRANTY: General: References to a "new Vehicle" herein shall mean a motor
vehicle that has not been previously registered in any state of the United States of America. References to a
"used Vehicle" herein shall mean a motor vehicle which has been previously registered or which should have
been registered in a state of the United States of America. PURCHASER HEREBY ACKNOWLEDGES
THAT DEALER NOR ANYONE ACTING ON ITS BEHALF HAS MADE ANY AFFIRMATION OF FACT,
REPRESENTATION OR PROMISE RELATING TO THE VEHICLE THAT HAS BECOME A BASIS OF
THIS TRANSACTION OR WHICH CREATES AN EXPRESS WARRANTY. NO SAMPLE OR MODEL HAS
BECOME A BASIS OF THIS TRANSACTION OR WHICH CREATES AN EXPRESS WARRANTY. TO THE
FULLEST EXTENT PERMITTED BY LAW, DEALER DISCLAIMS ANY IMPLIED WARRANTY OF MER.
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT AND THOSE ARISING
OUT OF COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE OR ANY OTHER IMPLIED
WARRANTY WITH RESPECT TO THE VEHICLE.
New Vehicles: There are NO WARRANTIES, express or implied, made by Dealer or the manufacturer, on
any new vehicle described on the front of this Order, except for the manufacturer's warranty applicable to
such new Vehicle contained in the separate manufacturer's warranty which will be furnished to Purchaser
upon delivery of the new vehicle. Such separate manufacturer's warranty shall be expressly IN LIEU OF any
other express or implied warranty, condition or guarantee on the new Vehicle or any part thereof. Purchaser
hereby acknowledges and agrees that Dealer has not in any manner adopted the manufacturer's warranty
as a warranty of the Dealer and Purchaser acknowledges, agrees, represents and warrants that Purchaser
shall look solely to the manufacturer to perform or satisfy any obligation under the manufacturers warranty.
Used Vehicles: Dealer sells any used vehicle AS IS with all faults and defects, and the Dealer disclaims all
warranties with respect to the Dealer in connection with the sale of any used Vehicle. If the Purchaser is
assigned the remaining term of any manufacturers warranty, Purchaser hereby acknowledges, agrees,
represents and warrants that Dealer has not in any manner adopted the manufacturers warranty as a
warranty of Dealer, and Purchaser acknowledges, agrees, represents and warrants that Purchaser shall look
solely to the manufacturer to perform or satisfy any obligation under the manufacturers warranty. As be-
tween Purchaser and Dealer, the entire risk as to the quality and performance of any used Vehicle is as-
sumed by Purchaser. As between Purchaser and Dealer, the Purchaser assumes the entire cost of service
and repair and loss with respect to any used Vehicle found to be defective.
!. LIMITATION OF LIABILITY: DEALER WILL NOT BE LIABLE TO PURCHASER OR ANY OTHER
PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAM-
AGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST USE, LOST PROFITS, LOST SAV-
INGS OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF DEALER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE OR FOR CLAIMS MADE BY A
THIRD PARTY. IN NO EVENT SHALL DEALER'S TOTAL AGGREGATE LIABILITY TO PURCHASER OR
ANY OTHER PARTY RELATING TO OR RESULTING FROM THE SALE, LICENSE OR USE OF A VEHI-
CLE SUBJECT TO THIS ORDER OR THESE TERMS AND CONDITIONS EXCEED THE PURCHASE
PRICE PAID FOR SUCH VEHICLE. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED
ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND WHETHER THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDA-
MENTAL BREACH. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
5. TRADE-IN VEHICLE: If a vehicle has been traded in as a part of the consideration for the Vehicle ordered
by Purchaser hereunder and such traded in vehicle is not delivered to Dealer until delivery to Purchaser of
the Vehicle, such trade-in vehicle shalt be reappraised as directed by Dealer and such reappraisal value
shall determine the allowance made for such vehicle. If such reappraised value is lower than the original
allowance therefore shown on the face of this Order, Purchaser may, cancel this Order by providing Dealer
with written notice of such cancellation within two (2) days after the reappraisal or prior to delivery of the
Vehicle ordered hereunder to Purchaser whichever is earlier. If Purchaser fails to timely provide said written
notice of such cancellation, Purchaser shall be bound to the amount of the reappraisal and shall pay the
changed cash portion of the price of the Vehicle. The condition of any trade-in vehicle shall strictly comply
with and Purchaser shalt strictly comply with any Trade)Purchase Terms and Conditions Agreement signed
by Purchaser ('Trade Terms Agreemenr), If the condition of any trade-in vehicle is not strictly in compliance
with, or if Purchaser has not strictly complied with the Trade Terms Agreement, Dealer shall not be obligated
to accept the trade-in vehicle and the allowance shown on the front side hereof shall be deleted and Pur-
chaser shall not be entitled to such allowance and Purchaser shall pay the amount of the deleted allowance
to Dealer in cash upon delivery of the Vehicle.
6. PURCHASER'S REPRESENTATIONS AND WARRANTIES: Purchaser hereby represents and warrants
that (a) the trade-in vehicle shall be delivered free and clear from any security interest or other lien or
encumbrance of any third person (except as otherwise noted on the title and agreed to in writing by Dealer at
the time of the execution of this Order); (b) Purchaser shall promptly deliver to Dealer a valid certificate of
title to the trade-in vehicle; (c) Purchaser has full power, right and lawful authority to dispose of the trade-in
vehicle; (d) the trade-in vehicle does not have a cracked or defective head, block, power train, or frame
(including supportive portion of the anybody); (e) the engine and transmission have not been changed from
the manufacturer's original equipment specifications; and (1) while owned by Purchaser, the odometer of the
trade-in vehicle has not been replaced, tampered with or otherwise altered in any way and Purchaser has no
reason to believe the trade-in vehicle's current odometer reading, as represented on the front side hereof,
does riot reflect its actual mileage. Purchaser further represents and warrants that Purchaser will use the
Vehicle exclusively for a commercial use.
7. FAILURE OR REFUSAL TO ACCEPT DELIVERY: Except as provided in Paragraphs 1 and 5 of this
Order, Purchaser may not cancel this Order. In the event that Purchaser fails or refuses to complete the
purchase of the Vehicle, Purchaser shall pay Dealer, as liquidated damages and not as a penalty, the
greater of the following: (a) twenty-five percent (25%) of the Total Delivered Price of the Vehicle, or (b) the
cash deposit set forth on the front of this Order ("Liquidated Damages"). Dealer may apply any cash deposit
made by Purchaser towards the Liquidated Damages. Furrier, in the event Purchaser has delivered to
Dealer a trade- in vehicle as part of the consideration for the Vehicle, Dealer is authorized to sell such trade-
in vehicle and Dealer may retain the proceeds thereof to satisfy the Liquidated Damages. Purchaser
acknowledges that the Liquidated Damages are reasonable in light of the anticipated or actual harm caused
by Purchaser's failure to complete the purchase. Purchaser further acknowledges that the Liquidated Darn, -
ages do rat constitute a penalty, but instead represent the parties' best estimate of the resulting damages
given that the precise damages of Dealer are difficult to calculate.
8. TAXES: Unless otherwise agreed to in a writing signed by Purchaser and Dealer, Purchaser shall be
solely responsible for the payment of all sales, use, consumer and other taxes arising out of this Order
mandated by any applicable federal. state and local laws, codes, ordinances, rules and regulations, whether
currently in effect, scheduled to go in effect, or subsequently enacted, including but rat limited to, any
increases in such taxes taking effect after the date of this Order. Purchaser shall be solely responsible for
the cost and fees for all licenses, registrations and titles associated with the sale of the Vehicle.
9. FAILURE OR DELAY OF DELIVERY; FORCE MAJEURE: Dealer shall not be liable for failure to deliver
or delay in delivery of the Vehicle where such failure to deliver or delay is due, in whole or in part, to any
cause other than the gross negligence of Dealer. Further, Dealer will riot have any liability for any breach
caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident,
war, terrorist act or civil disturbance, delay of carriers, failure of normal sources of supply, act of government
or any other cause beyond the reasonable control of Dealer.
10. NOTICES: It shall be a condition precedent to any liability of Dealer, whether in contract, tort, or other-
wise, arising out of this Order or any other dealings between the parties that Purchaser provide written notice
to Dealer of any claim, controversy, or alleged breach of this Order within ten (10) days of the event or
occurrence giving rise to such claim, controversy or alleged breach and that Purchaser provide Dealer within
a reasonable opportunity to cure the problems or issues giving rise to such claim, controversy or alleged
breach of this Order. Notwithstanding the foregoing, Purchaser must provide Dealer with notice of any clam,
controversy, or alleged breach of this Order and demand for arbitration within twelve months of discovery or
accrual of the same, whichever occurs first. It is understood and agreed by the parties that the foregoing
provision is both a condition precedent to the right to take such action, and a contractual modification to the
statute of limitations for all actions, whether in contract, tort or otherwise, and failure to comply with this
condition precedent and contractual statute of limitations shall be an absolute bar to recovery for any prob-
lems, issues, rights, claims or causes of action not specifically pled within the twelve month period. Whenev-
er this Order requires that notice be provided to the other party, notice shall be deemed to have been validly
given (I) if delivered in person to the party entitled to receive such notice, (ii) two (2) days after being sent by
registered or certified mail, postage prepaid to the address indicated on the front side of this Order, or (iii)
one (1) day alter being sent via overnight mail through a respectable overnight delivery company.
11. ARBITRATION: Any controversy or clam arising out of or relating to this Order shall be decided by
arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitra-
tion Rules, subject to the limitations and restrictions set forth in this Paragraph 11. A demand for arbitration
shall be made within a reasonable time after a controversy or claim has arisen and in no event shall be
made after the date when institution of legal or equitable: proceedings based upon such claim or controversy
would be barred by the applicable statute of limitations, subject to the restriction set forth in Paragraph 10.
The arbitrator(s) shall have no authority to award punitive or other damages not measured by the prevailing
parry's actual damages. The parties acknowledge and agree that this Order evidences a transaction involv-
ing interstate commerce. Accordingly, the United States Arbitration Act (Title 9 of the United States Cork)
shall govern the interpretation, enforcement and proceedings pursuant to the arbitration provisions of this
Order. The place of arbitration shall be the American Arbitration Association's office closest to the location of
Dealer designated on the front side hereof. The parties shall be entitled to discover all documents and
information reasonably necessary for a full understanding of any relevant issue raised in the arbitration.
Regardless of any term or provision herein to the con", claims for contribution or indemnity filed by a
party in any lawsuit or action filed or asserted by a third party on account of persona injury or death of any
person or damage to property shall not be subject to the terms and provisions of this Paragraph 11. The
award rendered by the arbitrators) shall be final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
12. EXPENSES AND COSTS: Should Dealer be required to institute any action, including any arbitration
proceeding, to enforce any of its rights set forth in this Order, then Dealer shall be entitled to reimbursement
from Purchaser for all expenses, including but not limited to, reasonable attorneys' and experts' fees, and
costs incurred by Dealer in connection with such action. In the event Purchaser institutes any action, includ-
ing any arbitration proceeding, against Dealer and in the further event Dealer prevails in such action, Pur-
chaser shall pay Dealer the amount of all expenses, including but not limited to reasonable attorneys' and
experts' fees, and costs incurred by Dealer in connection with such action.
13. MISCELLANEOUS: This Order may not be changed, altered or amended in any way except in writing
signed by a corporate officer or authorized manager of Dealer and an agent of Prrrchoser. Purchaser
acknowledges and agrees that Purchaser has had an adequate opportunity to review and revise this Order
and the Order shall rot be construed against or in favor of Purchaser or Dealer. No waiver by either party of
a breach or default hereunder will be deemed a waver by such party of a subsequent breach or default of a
like or similar nature. No waiver of any of these terms and conditions or any of the terms and condifions will
be effective against Dealer unless it is in writing signed by a corporate officer or authorized manager of
Dealer. No course of dealing or performance, usage of trade or failure to enforce any term or condition will
be used to modify this Order. If any of these terms or conditions is unenforceable, such term or condition will
be limited only to the extent necessary to make it enforceable, and all other terms and conditions will remain
in full force and effect. This Order is deemed to have been entered into in the state of the location of Dealer
designated on the front side hereof and will governed by the laws of the state of the location of Dealer
designated on the front side hereof, without giving effect to the choice of laws provisions thereof. The reme-
dies expressly provided for in these conditions will be in addition to any other remedies that Dealer may have
under the Uniform Commercial Code or other applicable law. Purchaser may rot assign this Order without
the prior written consent of Dealer. These terms and conditions are for the exclusive benefit of Dealer and
Purchaser and no other person will have rights hereunder.
Page 2 of 2
Customer Initials)
7M-H C
OZARK KENWORTH, INC. ("Dealer")
doing business as: MHC KENWORTH/VOLVO - SPRINGDALE
NEW TRUCK ORDER SPRINGDALE, AR 72762
4678 N 45TH ST
1-479-756-1200
PURCHASER
ADDRESS
City of Fayetteville
113 W Mountain St
BUSINESS PHONE
OTHER PHONE
CITY
STATE
ZIP CODE
COUNTY
DATE
479-575-8289
479-575-8257
Fayetteville
AR
1 72701-6069
WASHINGTON
11l02/2021
QUANTITY
YEAR
MAKE
MODEL
BODY TYPE
SALESPERSON
3
2023
KW
T880
CORY HUDSON
STOCK NUMBER
COLOR
TO BE DELIVERED ON OR ABOUT
FINANCIAL SOURCE
06/03/2022
Cash
SERIAL NUMBERS
PRICE OF VEHICLE(s) INCLUDING FET
$569,844.63
Price includes installation:
Hilbilt 13' Mongoose XL Dump Body
TRADE TERMS AGREEMENT APPLICABLE El YES
NOTE: If vehicle(s) are not funded within 15 days of truck receipt date at the dealer, customer will be charged a per diem amount per unit until
units are fully funded. Customer has 60 days from delivery date of the truck to return and have any add-ons listed on the sales order completed.
DESCRIPTION OF TRADE-IN OR TRADE ATTACHMENT
YEAR
MAKE
MODEL
SUBTOTAL $569,844.63
BUSINESS TAX
SERIAL NUMBER
MILEAGE
SALES TAX
LOCAL TAX
BALANCE OWED TO
TRADE DIFFERENCE
REGISTRATION FEES
TOTAL DELIVERED PRICE $569,844.63
LESS: TRADE-IN ALLOWANCE
LESS: BALANCE OWED ON TRADE-IN
TRADE-IN EQUITY
LESS: CASH DEPOSIT SUBMITTED WITH ORDER
PURCHASER'S CERTIFICATION
CASH DUE ON DELIVERY (Includes above Taxes,
but may not be inclusive of all Applicable Taxes)
Purchaser and the person signing this Order on behalf of Purchaser hereby certify that:
UNPAID BALANCE (Amount to be Separately
Financed by Purchaser) Due in Cash on Delivery $569,844.63
1. Purchaser and the person signing this Order on behalf of Purchaser have carefully
READ ALL PAGES OF THIS ORDER
reviewed the terms and conditions printed on the front and reverse side hereof, and agree
to be bound thereby. The terms and conditions printed on the front and reverse side hereof
THE TERMS AND CONDITIONS ON PAGE 2 HEREOF ARE PART OF THIS
represent the entire and integrated agreement between the parties relating to the purchase
ORDER.
and sale of the Vehicle and cancels and supersedes prior negotiations, representations or
agreements, either written or oral.
THIS ORDER IS NOT VALID UNLESS SIGNED BY AND ACCEPTED BY AN
AUTHORIZED MANAGER OF DEALER.
2. Purchaser and the person signing this Order on behalf of Purchaser have Carefully
THE PRICE OF THIS VEHICLE DOES NOT INCLUDE ANY APPLICABLE
reviewed this Order and fully understand that the Vehicle listed above will be equipped only
TAXES, WHICH ARE THE RESPONSIBILITY OF PURCHASER AS SET
with the optional equipment specifically listed on the face of this Order plus all standard
FORTH ON ALL PAGES HEREOF.
equipment as designated by the manufacturer at the time of delivery.
ANY TAXES DISPLAYED ON THIS TRUCK ORDER ARE ESTIMATED.
3. The person signing this Order on behalf of Purchaser is of legal age to execute binding
ACTUAL TAXES, AS APPLICABLE, WILL BE INVOICED TO THE
contracts in this State. The person signing this Order on behalf of Purchaser has the
PURCHASER AT THE PREVAILING TAX RATES AVAILABLE AT TIME OF
authority and has been duly authorized to sign this Order on behalf of the Purchaser.
VEHICLE INVOICE.
ANY DELIVERY DATES INDICATED ON THIS ORDER ARE ESTIMATES AND
SUBJECT TO THE MANUFACTURERS' PRODUCTION SCHEDULE AND
FINAL APPROVAL.
THIS ORDER CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
TERMS AND CONDITIONS ON PAGE 2 HEREOF ARE PART OF THIS AGREEMENT
SIGNED (A T RIZE PRE ENTATI OF PURCHASER)
DATE
ACCEPTED BY DEALER
DATE
(27-186166- 0 ) Customer Initials
TRCK-SALE-WI-4.3-02-A (REV 05/13) 4UD1795000
CONTINUATION OF TERMS AND CONDITIONS CONSTITUTING A PART OF TRUCK ORDER
This Truck Order ("Order'). including the front of this Order and these terms and conditions. constitutes a
contract for the purchase of the vehicle(s) or chassis ("Vehicle") listed and described on the front side
hereof, between dealer identified on the front side hereof ("Dealer'). and the purchaser identified on the front
side hereof ("Purchaser'). This Order is binding upon Dealer and Purchaser upon each party execution on
the front side hereof.
1. PRICE REVISION: The manufacturer of any new Vehicle ordered hereunder by Purchaser may change
the price to dealer of such Vehicle after the date of this Order In the event of any such price change, prior to
the delivery of any new vehicle to Purchaser, the Dealer shall have the right to change the price of the
Vehicle described on the front side hereof by providing notice of such change to Purchaser. If Purchaser
does rat agree to pay the changed price of the Vehicle, Purchaser shall cancel this Order by providing
Dealer with written notice of such cancellation within two (2) days of notice from Dealer of the charge in the
price of the Vehicle If Purchaser fails to timely provide Dealer with such written notice. Purchaser shall be
bound to pay the changed cash price of the Vehicle. In the event Purchaser cancels this Order pursuant to
this Paragraph 1 and has traded a used vehicle as part of the consideration for a new Vehicle purchased by
Purchaser, such traded -in vehicle shall be returned to Purchaser upon payment of a reasonable charge for
storage and repairs (if any) or, if such traded -in vehicle has been previously sold by Dealer, the amount
received therefore less a selling commission of 15% and any expense for storing, insuring. conditioning. or
advertising such vehicle for sale shall be returned to Purchaser.
2. DEALER NOT AGENT OF MANUFACTURER: It is understood that there is no relationship of principal
and agent between the Dealer and the manufacturer of the Vehicle and that the Dealer is not authorized to
act. or attempt to act, or represent itself, directly or by implication, as agent of the manufacturer. or in any
manner assume or create, or attempt to assume or create. any obligation on behalf of or in the name of the
manufacturer. It is further understood that neither Dealer nor anyone acting on its behalf has made. or
adopted from the manufacturer. any guarantee. representation or warranty regarding the residual. trade-in,
repurchase or buyback value of the Vehicle (a "Repurchase Obligation"). and that any Repurchase Obliga-
tion is the sole and exclusive responsibility of the manufacturer. Purchaser hereby acknowledges, agrees,
represents and warrants that Purchaser shall look solely to the manufacturer to perform or satisfy any
Repurchase Obligation.
3. DISCLAIMER OF WARRANTY: General: References to a "new Vehicle" herein shall mean a motor
vehicle that has not been previously registered in any state of the United States of America. References to a
"used Vehicle" herein shall mean a motor vehicle which has been previously registered or which should have
been registered in a state of the United States of America. PURCHASER HEREBY ACKNOWLEDGES
THAT DEALER NOR ANYONE ACTING ON ITS BEHALF HAS MADE ANY AFFIRMATION OF FACT,
REPRESENTATION OR PROMISE RELATING TO THE VEHICLE THAT HAS BECOME A BASIS OF
THIS TRANSACTION OR WHICH CREATES AN EXPRESS WARRANTY. NO SAMPLE OR MODEL HAS
BECOME A BASIS OF THIS TRANSACTION OR WHICH CREATES AN EXPRESS WARRANTY. TO THE
FULLEST EXTENT PERMITTED BY LAW, DEALER DISCLAIMS ANY IMPLIED WARRANTY OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, AND THOSE ARISING
OUT OF COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE OR ANY OTHER IMPLIED
WARRANTY WITH RESPECT TO THE VEHICLE.
New Vehicles: There are NO WARRANTIES, express or implied, made by Dealer or the manufacturer, on
any new vehicle described on the front of this Order, except for the manufacturer's warranty applicable to
such new Vehicle contained in the separate manufacturers warranty which will be furnished to Purchaser
upon delivery of the new vehicle. Such separate manufacturers warranty shall be expressly IN LIEU OF any
other express or implied warranty, condition or guarantee on the new Vehicle or any part thereof. Purchaser
hereby acknowledges and agrees that Dealer has not in any manner adopted the manufacturers warranty
as a warranty of the Dealer and Purchaser acknowledges, agrees, represents and warrants that Purchaser
shall look solely to the manufacturer to perform or satisfy any obligation under the manufacturers warranty.
Used Vehicles: Dealer sells any used vehicle AS IS with all faults and defects, and the Dealer disclaims all
warranties with respect to the Dealer in connection with the sale of any used Vehicle. If the Purchaser is
assigned the remaining term of any manufacturers warranty, Purchaser hereby acknowledges. agrees,
represents and warrants that Dealer has not in any manner adopted the manufacturers warranty as a
warranty of Dealer, and Purchaser acknowledges, agrees, represents and warrants that Purchaser shall look
solely to the manufacturer to perform or satisfy any obligation under the manufacturers warranty, As be-
tween Purchaser and Dealer, the entire risk as to the quality and performance of any used Vehicle is as-
sumed by Purchaser. As between Purchaser and Dealer, the Purchaser assumes the entire cost of service
and repair and loss with respect to any used Vehicle found to be defective.
4. LIMITATION OF LIABILITY: DEALER WILL NOT BE LIABLE TO PURCHASER OR ANY OTHER
PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAM-
AGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST USE, LOST PROFITS, LOST SAV-
INGS OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF DEALER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE OR FOR CLAIMS MADE BY A
THIRD PARTY. IN NO EVENT SHALL DEALER'S TOTAL AGGREGATE LIABILITY TO PURCHASER OR
ANY OTHER PARTY RELATING TO OR RESULTING FROM THE SALE, LICENSE OR USE OF A VEHI-
CLE SUBJECT TO THIS ORDER OR THESE TERMS AND CONDITIONS EXCEED THE PURCHASE
PRICE PAID FOR SUCH VEHICLE. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED
ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND WHETHER THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDA-
MENTAL BREACH. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
5. TRADE-IN VEHICLE: If a vehicle has been traded in as a part of the consideration for the Vehicle ordered
by Purchaser hereunder and such traded in vehicle is not delivered to Dealer until delivery to Purchaser of
the Vehicle, such trade-in vehicle shall be reappraised as directed by Dealer and such reappraisal value
shall determine the allowance made for such vehicle. If such reappraised value is lower than the original
allowance therefore shown on the face of this Order. Purchaser may, cancel this Order by providing Dealer
with written notice of such cancellation within two (2) days after the reappraisal or prior to delivery of the
Vehicle ordered hereunder to Purchaser whichever is ear. ier. If Purchaser fails to timely provide said written
notice of such cancellation, Purchaser shall be bound to the amount of the reappraisal and shall pay the
changed cash portion of the price of the Vehicle. The condition of any trade-in vehicle shall strictly comply
with and Purchaser shall strictly comply with any Trade/Purchase Terms and Conditions Agreement signed
by Purchaser ("Trade Terms Agreement"), If the condition of any trade-in vehicle is not strictly in compliance
with. or if Purchaser has not strictly complied with the Trade Terms Agreement. Dealer shall not be obligated
to accept the trade-in vehicle and the allowance shown on the front side hereof shall be deleted and Pur-
chaser shall not be entitled to such allowance and Purchaser shall pay the amount of the deleted allowance
to Dealer in cash upon delivery of the Vehicle.
6. PURCHASER'S REPRESENTATIONS AND WARRANTIES: Purchaser hereby represents and warrants
that: (a) the trade-in vehicle shall be delivered free and clear from any security interest or other lien or
encumbrance of any third person (except as otherwise noted on the title and agreed to in writing by Dealer at
the time of the execution of this Order), (b) Purchaser shall promptly deliver to Dealer a valid certificate of
title to the trade-in vehicle: (c) Purchaser has full power, right and lawful authority to dispose of the trade-in
vehicle: (d) the trade-in vehicle does not have a cracked or defective head. block, power train, or frame
(including supportive portion of the anybody), (e) the engine and transmission have not been changed from
the manufacturers original equipment specifications; and (f) while owned by Purchaser. the odometer of the
trade-in vehicle has not been replaced. tampered with or otherwise altered in any way and Purchaser has no
reason to believe the trade-in vehicle's current odometer readingr as represented on the front side hereof,
does not reflect its actual mileage, Purchaser further represents and warrants that Purchaser will use the
Vehicle exclusively for a commercial use.
7. FAILURE OR REFUSAL TO ACCEPT DELIVERY: Except as provided in Paragraphs 1 and 5 of this
Order. Purchaser may not cancel this Order. In the event that Purchaser fails or refuses to complete the
purchase of the Vehicle. Purchaser shall pay Dealer. as liquidated damages and not as a penalty. the
greater of the following: (a) twenty-five percent (25%) of the Total Delivered Price of the Vehicle, or (b) the
cash deposit set forth on the front of this Order ("Liquidated Damages"). Dealer may apply any cash deposit
made by Purchaser towards the Liquidated Damages. Further, in the event Purchaser has delivered to
Dealer a trade- in vehicle as part of the consideration for the Vehicle. Dealer is authorized to sell such trade-
in vehicle and Dealer may retain the proceeds thereof to satisfy the Liquidated Damages. Purchaser
acknowledges that the Liquidated Damages are reasonable in light of the anticipated or actual harm caused
by Purchasers failure to complete the purchase. Purchaser further acknowledges that the Liquidated Dam-
ages do not constitute a penalty. but instead represent the parties' best estimate of the resulting damages
given that the precise damages of Dealer are difficult to calculate.
8. TAXES: Unless otherwise agreed to in a writing signed by Purchaser and Dealer. Purchaser shall be
solely responsible for the payment of all sales. use, consumer and other taxes arising out of this Order
mandated by any applicable federal, state and local laws, codes, ordinances, rules and regulations, whether
currently in effect. scheduled to go in effect, or subsequently enacted. including but not limited to. any
increases in such taxes taking effect after the date of this Order. Purchaser shall be solely responsible for
the cost and fees for all licenses. registrations and titles associated with the sale of the Vehicle.
9. FAILURE OR DELAY OF DELIVERY; FORCE MAJEURE: Dealer shall not be liable for failure to deliver
or delay in delivery of the Vehicle where such failure to deliver or delay is due. in whole or in part, to any
cause other than the gross negligence of Dealer. Further, Dealer will not have any liability for any breach
caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident,
war, terrorist act or civil disturbance, delay of carriers, failure of normal sources of supply, act of government
or any other cause beyond the reasonable control of Dealer.
10. NOTICES: It shall be a condition precedent to any liability of Dealer, whether in contract, tort, or other-
wise, arising out of this Order or any other dealings between the parties that Purchaser provide written notice
to Dealer of any claim, controversy, or alleged breach of this Order within ten (10) days of the event or
occurrence giving rise to such claim, controversy or alleged breach and that Purchaser provide Dealer within
a reasonable opportunity to cure the problems or issues giving rise to such claim, controversy or alleged
breach of this Order. Notwithstanding the foregoing, Purchaser must provide Dealer with notice of any claim,
controversy, or alleged breach of this Order and demand for arbitration within twelve months of discovery or
accrual of the same, whichever occurs first. It is understood and agreed by the parties that the foregoing
provision is both a condition precedent to the right to take such action, and a contractual modification to the
statute of limitations for all actions, whether in contract. tort or otherwise, and failure to comply with this
condition precedent and contractual statute of limitations shall be an absolute bar to recovery for any prob-
lems, issues. rights. claims or causes of action not specifically pled within the twelve month period. Whenev-
er this Order requires that notice be provided to the other parry, notice shall be deemed to have been validly
given (i) if delivered in person to Itie parry entitled to receive such notice, (ii) two (2) days after being sent by
registered or certified mail, postage prepaid to the address indicated on the front side of this Order, or (iii)
one (1) day after being sent via overnight mail through a respectable overnight delivery company.
11. ARBITRATION: Any controversy or claim arising out of or relating to this Order shall be decided by
arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitra-
bon Rules. subject to the limitations and restrictions set forth in this Paragraph 11. A demand for arbitration
shall be made within a reasonable time after a controversy or claim has arisen and in no event shall be
made after the date when institution of legal or equitable proceedings based upon such claim or controversy
would be barred by the applicable statute of limitations, subject to the restriction set forth in Paragraph 10.
The arbitrator(s) shall have no authority to award punitive or other damages not measured by the prevailing
parry's actual damages. The parties acknowledge and agree that this Order evidences a transaction involv-
ing interstate commerce. Accordingly, the United States Arbitration Act (Title 9 of the United States Code)
shall govern the interpretation, enforcement and proceedings pursuant to the arbitration provisions of this
Order. The place of arbitration shall be the American Arbitration Association's office closest to the location of
Dealer designated on the front side hereof. The parties shall be entitled to discover all documents and
information reasonably necessary for a full understanding of any relevant issue raised in the arbitration.
Regardless of any term or provision herein to the contrary, claims for contnbution or indemnity filed by a
parry in any lawsuit or action riled or asserted by a third parry on account of personal injury or death of any
person or damage to property shall not be subject to the terns and provisions of this Paragraph 11. The
award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
12. EXPENSES AND COSTS: Should Dealer be required to institute any action. including any arbitration
proceeding, to enforce any of its fights set forth in this Order, then Dealer shall be entitled to reimbursement
from Purchaser for all expenses, including but not limited to. reasonable attorneys' and experts' fees, and
costs incurred by Dealer in connection with such action. In the event Purchaser institutes any action, includ-
ing any arbitration proceeding, against Dealer and in the further event Dealer prevails in such action, Pur-
chaser shall pay Dealer the amount of all expenses, including but not limited to reasonable attorneys' and
experts' fees, and costs incurred by Dealer in connection with such action.
13. MISCELLANEOUS: This Order may not be changed, altered or amended in any way except in writing
signed by a corporate officer or authorized manager of Dealer and an agent of Purchaser. Purchaser
acknowledges and agrees that Purchaser has had an adequate opportunity to review and revise this order
and the Order shall not be construed against or in favor of Purchaser or Dealer No waiver by either parry of
a breach or default hereunder will be deemed a waiver by such parry of a subsequent breach or default of a
like or similar nature. No waiver of any of these terms and conditions or any of the terms and conditions will
be effective against Dealer unless it is in writing signed by a corporate officer or authorized manager of
Dealer. No course of dealing or performance, usage of trade or failure to enforce any tens or condition will
be used to modify this Order. If any of these terms or conditions is unenforceable. such term or condition will
be limited only to the extent necessary to make it enforceable. and all other terms and conditions will remain
in full force and effect. This Order is deemed to have been entered into in the state of the location of Dealer
designated on the front side hereof and will governed by the laws of the state of the location of Dealer
designated on the front side hereof, without giving effect to the choice of laws provisions thereof. The reme-
dies expressly provided for in these conditions will be in addition to any other remedies that Dealer may have
under the Uniform Commercial Code or other applicable law. Purchaser may not assign this Order without
the prior written consent of Dealer. These terms and conditions are for the exclusive benefit of Dealer and
Purchaser and no other person will have rights hereunder.
Page 2 of 2 Customer Initial
From:
Robbin Halev
To:
Combs, Sara
Subject:
RE: Dump Trucks
Date:
Friday, November 12, 2021 10:30:19 AM
Attachments:
imaae001.ona
mage002.pnna
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Sa ra,
Can you give me a few more weeks?
Basically in December I should be able to spec and quote.
I hate putting you off but unfortunately I have to do so.
Thanks,
Robbin Haley
Transportation Consultant
Summit Truck Group
Office #: 501-945-8400
Mobile: 501-615-3160
From: Combs, Sara <scombs@fayetteville-ar.gov>
Sent: Friday, November 12, 2021 10:11 AM
To: Robbin Haley <robbin.haley@summittruckgroup.com>
Subject: Dump Trucks
Robbin,
Do you know if you will be able to spec dump trucks next week?
Sara Combs, CAFM
Superintendent
Fleet Services
City of Fayetteville, Arkansas
T 479.444.3494 1 C 479.879.6221 (Best for texting)
www.fayetteville-ar.gov
Facebook I Twitter I Instagram I YouTube
CITY O CA �' Certified
F AY E T T E lI I L L E /IUt�mo#IY$
ARKANSAS Fleet Manager
me indusper sfeederd
Combs, Sara
From: Ellison, Travis <tellison@tlgtrucks.com>
Sent: Friday, November 5, 2021 8:24 AM
To: Combs, Sara
Subject: RE: New Quotes?
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Sara,
Good Morning which models are you in the market for and how many? Unfortunately I still can't price anything, but I
can get you added to the list for new orders next year if we are able to obtain some additional build slots.
From: Lynch, Ryan <rlynch@tlgtrucks.com>
Sent: Thursday, November 4, 20214:54 PM
To: Combs, Sara <scombs@fayetteville-ar.gov>
Cc: Ellison, Travis <tellison@tlgtrucks.com>
Subject: RE: New Quotes?
Sara,
Possibly, but Travis is out today and I'm on pto tomorrow.
Let me circle up with him and follow up on what we can do early next week.
Thank you,
From: Combs, Sara <scombs@fayetteville-ar.gov>
Sent: Thursday, November 4, 2021 1:21 PM
To: Lynch, Ryan <rlvnch@tlgtrucks.com>
Subject: New Quotes?
Rya n,
Are you all able to supply quotes for new vehicles at this time?
Thanks,
Sara Combs, CAFM
Superintendent
Fleet Services
City of Fayetteville, Arkansas
T 479.444.3494 1 C 479.879.6221 (Best for texting)
www.fayetteville-ar.gov
Facebook I Twitter I Instagram I YouTube
F " i" I CA Anti Certmot
qu���OTTeVI4LE Auturnotiwe
�IRR41A Fleet Manager
The Irrderairy s&.rderd
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6491
File Number: 2021-0718
BID WAIVER FOR FLEET VEHICLES:
AN ORDINANCE TO WAIVE COMPETITIVE BIDING AND AUTHORIZE THE
PURCHASE OF NEW VEHICLES THROUGH VARIOUS MANUFACTURERS'
AUTHORIZED DEALER NETWORKS, BUT TO REQUIRE INFORMAL QUOTES OR BIDS
FOR SIMILAR VEHICLES. AND TO AUTHORIZE THE MAYOR TO EXECUTE ANY
AGREEMENTS NECESSARY TO PARTICIPATE IN GOVERNMENT FLEET PROGRAMS
WHEREAS. new vehicles are available at a discounted rate directly from various manufacturers'
authorized dealer networks through government fleet programs; and
WHEREAS. not all dealers are part of an authorized dealer network and using the government fleet
programs ensures consistent pricing and includes other benefits like technician training, access to
available inventories statewide. increased standard warranties, and discounts on diagnostic software
and parts; and
WHEREAS. dealers do not have pricing prior to an ordering window. which is often not open long
enough to complete the full bidding process. and the pricing that would be submitted in the bidding
process will be the same as through a government fleet program: and
WHEREAS, authorizing purchases through government fleet programs without competitive bidding
will allow the Fleet Division to place orders within short ordering windows, purchase existing inventory
when available, obtain quotes quickly from different manufacturers based on the specific needs of
division or department, and ensure staff has the equipment needed to maintain a high level of service to
Fayetteville residents and businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Page I Panted on 7016127
Ordinance: 6491
Fife Number. 2021-0718
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville. Arkansas hereby finds the above
circumstances make competitive bidding not feasible or practical and therefore waives the
requirements of formal competitive bidding and authorizes the purchase of new vehicles through the
various vehicle manufacturers' authorized dealer networks. and further authorizes the Fleet Division to
solicit informal bids or quotes prior to the purchase of vehicles without the need for Further approval by
the City Council.
Section 2: that the City Council of the City of Fayetteville. Arkansas hereby authorizes Mayor Jordan
to sign any agreements or documents necessary to participate in the govemment fleet programs.
PASSED and APPROVED on 101512421
,pprove Attest: 1��jttt t r r rrjrr�`
�s.•G
0
FpYh
`ERK rl �!-11�
. y
• — .rn
ioneld �rdMayor Kara Paxton. City Clerk Treasurerr�:
ZP
Page 2 Printed on 10/&21
City of Fayetteville, Arkansas
Text File
File Number: 2021-0718
Agenda Date: 1015/2021 Version: 1
In Control: City Council Meeting
Agenda Number: CA
1:3111killi.1I ►31:%01"7y11313llr'►3l1111)M &IT
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Status: Passed
File Type: Ordinance
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF
NEW VEHICLES THROUGH VARIOUS MANUFACTURERS' AUTHORIZED DEALER
NETWORKS, BUT TO REQUIRE INFORMAL QUOTES OR BIDS FOR SIMILAR VEHICLES, AND
TO AUTHORIZE THE MAYOR TO EXECUTE ANY AGREEMENTS NECESSARY TO
I041'A ICa117M0:11►[ei$l1:►/�►1u■1:1►1r[a 4:13[il:Z1Ze1:71u►6�
WHEREAS, new vehicles are available at a discounted rate directly from various manufacturers' authorized
dealer networks through government fleet programs; and
WHEREAS, not all dealers are part of an authorized dealer network and using the government fleet programs
ensures consistent pricing and includes other benefits like technician training, access to available inventories
statewide, increased standard warranties, and discounts on diagnostic software and parts; and
WHEREAS, dealers do not have pricing prior to an ordering window, which is often not open long enough to
complete the full bidding process, and the pricing that would be submitted in the bidding process will be the
same as through a government fleet program; and
WHEREAS, authorizing purchases through government fleet programs without competitive bidding will allow
the Fleet Division to place orders within short ordering windows, purchase existing inventory when available,
obtain quotes quickly from different manufacturers based on the specific needs of a division or department, and
ensure staff has the equipment needed to maintain a high level of service to Fayetteville residents and
businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above circumstances
make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive
bidding and authorizes the purchase of new vehicles through the various vehicle manufacturers' authorized
dealer networks, and further authorizes the Fleet Division to solicit informal bids or quotes prior to the purchase
of vehicles without the need for further approval by the City Council.
City of Fayetteville, Arkansas page f Prinfed on 10/5/2021
File Number.' 2021-0718
Section 2: that the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
any agreements or documents necessary to participate in the government fleet programs.
City of Fayetteville, Arkansas Page 2 Printed on 10/5/2021
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
FLEET OPERATIONS (770)
2021 /Org2
Requestor: Sara Combs
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Authorization to purchase three dump trucks for Transportation Department and one Roll -Off Truck for Recycling and
Trash through Ozark Kenworth of Springdale, AR. One of the items that is being replaced by a dump truck is budgeted in
2022. However, if we do not move forward now, we will lose the truck.
RESOLUTION/ORDINANCE
COUNCIL DATE: 1 1 /1 6/2021
LEGISTAR FILE ID#: 2021-0898
Hovy 3lack�
1111512021 1:33 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 11/16/2021
CHKD/POSTED:
TOTAL
Account Number
180,000 180,000
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20210831
Account Name
9700.770.1910-4999.99
- 180,000
RE
Use Fund Balance - Current
9700.770.1920-5802.00
180,000 -
02079 2021 EX
Vehicles & Equipment - base
H:\Budget Adjustments\2021_Budget\City Council\11-16-2021\2021-0898 BA Fleet replacements.xlsm 1 of 1