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HomeMy WebLinkAboutOrdinance 6548r Gf FAYErTf G m 0 _rue 9a KA NSpS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6548 File Number: 2022-0250 AMEND ORDINANCE 6503: AN ORDINANCE TO AMEND ORDINANCE 6503 TO REVISE THE TOTAL COST OF THREE DUMP TRUCKS AND ONE ROLL -OFF TRUCK THROUGH OZARK KENWORTH OF SPRINGDALE FOR A NEW TOTAL AMOUNT OF $792,104.25 WHEREAS, the City Council passed Ordinance 6503 waiving the requirement of competitive bidding and authorizing 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 applicable taxes and freight charges; and WHEREAS, two of the three dump trucks that have been ordered but not delivered are now subject to an industry surcharge in the amount of $5,000.00 each plus applicable taxes, increasing the total purchase price of all four trucks to $792,104.25 plus applicable taxes and freight charges. 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 amends Ordinance 6503 and authorizes the payment of a total revised amount of $792,104.25, plus applicable taxes and freight charges, for the purchase of three dump trucks and one roll -off truck through Ozark Kenworth of Springdale. PASSED and APPROVED on 4/5/2022 Page 1 Printed on 4/&22 r Ordinance: 6548 File Number: 2022-0250 Page 2 Attest: G�ER Kr -Aalvn, Kara Paxton. City Clerk Trcasurci F�YE�EV�<<E y� Printed on AIW2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0250 Agenda Date: 4/5/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: D.3 AMEND ORDINANCE 6503: AN ORDINANCE TO AMEND ORDINANCE 6503 TO REVISE THE TOTAL COST OF THREE DUMP TRUCKS AND ONE ROLL -OFF TRUCK THROUGH OZARK KENWORTH OF SPRINGDALE FOR A NEW TOTAL AMOUNT OF $792,104.25 WHEREAS, the City Council passed Ordinance 6503 waiving the requirement of competitive bidding and authorizing 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 applicable taxes and freight charges; and WHEREAS, two of the three dump trucks that have been ordered but not delivered are now subject to an industry surcharge in the amount of $5,000.00 each plus applicable taxes, increasing the total purchase price of all four trucks to $792,104.25 plus applicable taxes and freight charges. 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 amends Ordinance 6503 and authorizes the payment of a total revised amount of $792,104.25, plus applicable taxes and freight charges, for the purchase of three dump trucks and one roll -off truck through Ozark Kenworth of Springdale. City of Fayetteville, Arkansas Page 1 Printed on 41612022 Sara Combs Submitted By City of Fayetteville Staff Review Form 2022-0250 Legistar File ID 4/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/16/2022 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: An Ordinance to amend Ordinance 6503, to authorize the purchase of three dump trucks and one roll -off truck through Ozark Kenworth of Springdale, AR in a new total amount of $792,104.25. 9700.770.1920-5802.00 Account Number 02079.2021 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Shop Fund Heavy Duty Utility Vehicles Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,089,61S.00 $ 813,955.62 $ 275,659.38 $ 11,782.25 263,877.13 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 5, 2022 TO: Mayor and City Council THRU: Terry Gulley, Public Works Assistant Director FROM: Sara Combs, Fleet Operations Superintendent DATE: March 16, 2022 SUBJECT: Amendment to Ordinance 6503 CITY COUNCIL MEMO RECOMMENDATION: City Council approval to amend Ordinance 6503, to authorize the purchase of three dump trucks and one roll -off truck through Ozark Kenworth of Springdale, AR in a new total amount of $792,104.25. BACKGROUND: Ordinance 6503 was approved by City Council in November 2021 to approve the purchase of three dump trucks and one roll -off truck from Ozark Kenworth in the amount of $780,322.00. Since that time, the roll -off truck was received in the amount of $210,478.00, leaving a remaining $569,844.00 for the three dump truck purchases. DISCUSSION: Two of the three dump trucks that have been ordered are now subject to an industry surcharge in the amount of $5,000 each, plus applicable taxes. This brings the combined total for all three trucks to $581,626.25. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted for these purchases and they are still needed. Staff recommends moving forward with this purchase. Attachments: Ordinance 6503 Updated Quotes Kenworth Surcharge letter5698 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 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 KEN WORTH 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 11117121 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: G`ER K OX, .m Kara Paxton, City Clerk Treastter ; tiYEnEV�LLE; %mod' �•. ANSN-' %,G rONt i i00�w` Page 2 Printed on 11/17121 Co4CKA HH OZARK KENWORTH, LLC ("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 I AR 72701-6069 WASHINGTON 03/15/2022 QUANTITY YEAR MAKE MODEL BODY TYPE SALESPERSON 1 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 $189,948.21 Price includes installation: Hilbilt 13' Mcngoose XL Dump Body Delivery to Customer Cancel Reorder Chassis 229374 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 $189,948.21 BUSINESS TAX SERIAL NUMBER MILEAGE SALES TAX LOCAL TAX BALANCE OWED TO TRADE DIFFERENCE REGISTRATION FEES TOTAL DELIVERED PRICE $189,948.21 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 $189,948.21 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. SIGNED IS ORDV"ONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES D CONDITIONS ON PAGE 2 HEREOF ARE PART OF THIS AGREEMENT PURCHASER) : I DATE I ACCEPTED BY DEALER C (27-186166-270 2) Customer Initials TRCK SALE- I -02-A (REV 05/13) DATE 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'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 win 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 manufacturers warranty which will be fumished 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 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 arry 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 rat 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 Vehk:e, 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 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 vehlole 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 manufacturer's original equipment specifications, and (Q 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 frond 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 rat 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 Purchaser's failure to complete the purchase. Purchaser further acknowledges that the Liquidated Dart 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 whale 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 clam, 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 validity given () lt delivered in person to the party entitled to receive such notice, (ti) 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 IN) one (1) day after being sent via overnight mail through a respectable overnight delivery company. 11. ARBITRATION: Arty 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- 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 party'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 contribution or indemnity filed by a party in any lawsuit or action filed or asserted by a third party on account of personal 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 arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicabe law in any court hating 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' ices, 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 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 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 term or condition will be used to modify this Order. If any of these terns 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 slate 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 Purrhaw and nn nthar rwrenn vnll have rinhtc rwrpiinAar 1 Page 2 of 2 Customer Init Is MHC OZARK KENWORTH, LLC ("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 Fa etteville I AR 72701-6069 WASHINGTON 03/1512022 QUANTITY YEAR MAKE MODEL BODY TYPE SALESPERSON 2 2023 KW IT880 CORY HUDSON STOCK NUMBER COLOR TO BE DELIVERED ON OR ABOUT FINANCIAL SOURCE 06/03i2022 Cash SERIAL NUMBERS PRICE OF VEHICLE(s) INCLUDING FET $391;678.04 Price includes installation: Hilbilt 13' Mongoose XL Dump Body Delivery to Customer Cancel Reorder Chassis: 29378,229377 TRADE TERMS AGREEMENT APPLICABLE 0 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 $391,678.04 BUSINESS TAX SERIAL NUMBER MILEAGE SALES TAX LOCAL TAX BALANCE OWED TO TRADE DIFFERENCE REGISTRATION FEES TOTAL DELIVERED PRICE $391,678.04 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 $391,678.04 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 fare 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 authority and has been duly authorized to sign this Order on behalf of the Purchaser. PURCHASER AT THE PREVAILING TAX RATES AVAILABLE AT TIME OF 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 AND CONDITIONS ON PAGE 2 HEREOF ARE PART OF THIS AGREEMENT OF PURCHASER) DATE � I ACCEPTED BY DEALER DATE (27-186166-�1 2) \/ 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 ("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 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 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 tens of any manufacturer's 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 manufacturer's 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 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 shall strictly comply with any Trade/Purchase Terms and Conditions Agreement signed by Purchaser ("Trade Terns 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 tide and agreed to in writing by Dealer at the lime 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 Vain, 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 reading, 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 party, notice shall be deemed to have been validly given (i) if delivered in person to the 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- 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 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 contribution or indemnity filed by a party in any lawsuit or action fled 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 terms 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 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 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 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 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 W KENWORT1 A PAGCAR COMPANY March 3, 2022 To: Kenworth Dealer Principals Subject: MY 2023 Pricing Surcharge Kenworth Dealer Partners, The Transportation industry continues to be challenged by unprecedented and escalating economic conditions. This prolonged environment has resulted in cost increases that have far exceeded original expectations. These raw material and component cost increases are driven by, but not limited to, microchip processors, steel, aluminum, resins, and rubber. Factors further contributing to the economic instability include the impact of industry wide labor shortages, the expediting of components, and the highest inflation in nearly 40 years. Recognizing the impact to our dealers and customers, Kenworth and PACCAR have worked to mitigate these increases while continuing to maintain factory production and customer deliveries. However, because of this continued volatility, it is necessary for Kenworth to implement a pricing surcharge on 2023 MY trucks. Kenworth Model Year 2023 surcharge details: • $5,000 Heavy Duty pricing surcharge on all MY 2023 orders. • $3,500 Medium Duty pricing surcharge on all MY 2023 orders. • Surcharge will be applied to chassis firm scheduled on or after April 1, 2022. • Surcharge will be rolled into "Total Surcharge/Options Not Subject to Discount" line on invoice. • Kenworth Dealers are responsible for notifying customers of the surcharge immediately. • HD and MD trucks may be cancelled at no charge by March 18, 2022. • Standard cancellation policy rules will apply starting March 19, 2022. These are difficult times to navigate. Kenworth respects and honors the partnerships that have been built with both dealers and customers. Together we will manage through these challenges. Please contact your District Sales Manager or Region Sales Manager with questions. Kevin Baney Jim Walenczak Kenworth General Manager & Kenworth Assistant General Manager PACCAR Vice President Sales & Marketing RECEIVED - 'AN 18 20 ©fil`Y OF.FAYE i -VILLE tSlfTn •CL£R C.S.GICE Democra -4k Wan* NORTHWEST ARIA WINN P i '!.I"E F;,,....+a i9ti-'lG 11:'rV¢.,Y�QG :'7ih AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6548 Was inserted in the Regular Edition on: April 10, 2022 Publication Charges: $104.88 A "C.* S,� Brittany —Smith Subscribed and sworn to before me This 1 day of , 2022. &ZA11 w Notary Public J��r� My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC—ARKANSAS My Commission Expires 02-20-2024 Commission No. 12397118 Ordinance: 6548 File Number. 2022-0250 AMEND ORDINANCE 6503: AN ORDINANCE TO AMEND ORDINANCE 6503 TO REVISE THE TOTAL COST OF THREE DUMP TRUCKS AND ONE ROLL -OFF TRUCK THROUGH OZARK KENWORTH OF SPRINGDALE FOR A NEW TOTAL AMOUNT OF $792.104.25 WHEREAS, the City Council passed Ordinance 6503 waiving the requirement of competitive bidding and authorizing the purchase of three dump trucks and one roll-ofrtruck from Ozark Kenworth of Springdale for the total amount of $780,322.00 plus applicable taxes and freight charges; and WHEREAS, two of the three dump trucks that have been ordered but not delivered are now subject to an industry surcharge in the amount of $5,000.00 each plus applicable taxes, increasing the total purchase price of all four trucks to $792,104.25 plus applicable taxes and freight charges. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 6503 and authorizes the payment of a total revised amount of $792.10425. plus applicable taxes and freight charges, for the purchase of three dump trucks and one roll -off truck through Ozark Kenworih of Springdale. PASSED and APPROVED on 4/52022 Approved: Lioncld Jordan, Mayor Attcst: Kara Paxton, City Clerk Paid for by City of Fayetteville Clerks office$ 104.88 75538525 Apr 10, 2022 OF FAYE,TF � L 1 4 _ • i� G li 441 ANSPS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6548 File Number: 2022-0250 AMEND ORDINANCE 6503: AN ORDINANCE TO AMEND ORDINANCE 6503 TO REVISE THE TOTAL COST OF THREE DUMP TRUCKS AND ONE ROLL -OFF TRUCK THROUGH OZARK KENWORTH OF SPRINGDALE FOR A NEW TOTAL AMOUNT OF $792,104.25 WHEREAS, the City Council passed Ordinance 6503 waiving the requirement of competitive bidding and authorizing 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 applicable taxes and freight charges; and WHEREAS, two of the three dump trucks that have been ordered but not delivered are now subject to an industry surcharge in the amount of $5,000.00 each plus applicable taxes, increasing the total purchase price of all four trucks to $792,104.25 plus applicable taxes and freight charges. 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 amends Ordinance 6503 and authorizes the payment of a total revised amount of $792,104.25, plus applicable taxes and freight charges, for the purchase of three dump trucks and one roll -off truck through Ozark Kenworth of Springdale. PASSED and APPROVED on 4/5/2022 Page 1 Printed on 416122 Ordinance: 6548 File Number: 2022-0250 Approved: Lioneld Jordan, Mayor Page 2 Attest: Kara Paxton, City Clerk Treasurer Printed on 416122 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $ 104.88