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3.8 Fleet Purchase Tandem-Axel Dump Truck Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Utilities Utility Manager Neidermeier January 10, 2022 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.8 – Fleet Purchase STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends City Council provide authorization to procure a tandem-axle dump truck. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The Biosolids Building located at the East WWTF is in operation producing approximately 30 tons per week of Class A Exceptional Quality material. The East WWTF site cannot store processed material requiring weekly transported removal. Two twenty-yard containers are used to capture conveyed material for contractor pickup and delivery to a field site or landfill. The containers are weight restricted to 10 tons of material which can bottleneck processing and transport. A second bay and conveyor system are available for another container or truck to fill and remove quantities as the process is operated. Staff is recommending the purchase of a tandem-axle dump truck to provide flexibility of transport and financial benefits. The use of the tandem would become the primary removal vehicle reducing contractor coordination and associated costs of disposal. The Utility Department was able to use one of the Streets Department trucks on an available trial basis for hauling and this worked great. Staff including streets, mechanic and operations have worked with a local vendor to review multiple options providing recommendation of a 2007 Mack for a total cost of $85,404.00. Return of this investment is within 4 years comparing contracted hauling services. SUPPORTING DOCUMENTS ATTACHED: • Boyer Ford Trucks, Inc. – Bill of Sale POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve the purchase of a 2007 Mack Tandem-Axle Dump Truck from Boyer Ford Trucks, Inc. in the amount of $85,404.00. BUDGET INFORMATION FUNDING: BUDGETED: Fund 602 – Sanitary Sewer Utility 602-49450-550 Yes Bill of Sale Purchaser’s Signature Date Sales Representative Manager’s Signature Date This agreement and any documents which are part of this transaction or incorporated herein comprise the entire agreement affecting this Retail Purchase Agreement and no other agreement or understanding of any nature concerning the same has been made or entered into or will be recognized. I have read and accept all of the terms and conditions of this Agreement, and agree to them as if they were printed above my signature. I further acknowledge receipt of a copy of this Agreement. This Agreement shall not become binding until signed and accepted by an Authorized Dealership Representative. Co-Purchaser’s Signature Date Stock#: 1U1373 $79,900.00Price:VIN:1M2AG11C87M068446 Mileage: 1 Used 2007 MACK CV713 $125.00Documentation Fee $90.00License Fee $75.50Transfer Fee $5,193.506.50%State Tax $20.00Transit Tax $85,404.00Per Unit: $85,404.00Net Total Page 1 of 3 UNLESS OTHERWISE STATED, ALL INCENTIVES TO DEALER INSURANCE INFORMATION q TRADE-IN TITLE X ___________________________________________________________ BUYER’S SIGNATURE THIS AMOUNT IS DUE AND PAYABLE ON ____________________________ AFTER THIS DATE AS PER OUR AGREEMENT, A DAILY INTEREST OF _______________________ WILL BE CHARGED. POLICY NUMBER: COMPANY: AGENT: ADDRESS: PHONE NUMBER: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ TRADE-IN INFORMATION YEAR ______________ MAKE & MODEL _______________________________________________ SERIAL NO. _______________________________________________________________________ MILEAGE ______________________ LICENSE # ________________________________________ I AGREE THAT MY TRADE-IN WILL REMAIN IN THE SAME CONDITION AND WILL RETAIN THE SAME EQUIPMENT AS APPRAISED THIS DATE X ________________________________________________________________________________ BUYER’S SIGNATURE LIMITED WARRANTY NEW VEHICLE OR USED VEHICLE WITH REMAINING FACTORY WARRANTY Any warranties on the products sold hereby are those of the manufacturer. As between this retail seller and buyer, the product is to be sold “AS IS” and the entire risk as lo the quality and performance of the product is with the buyer. The seller expressly disclaims all warranties, either express or impelled, including any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person lo assume for it any liability in connection with the sale of said products. This disclaimer by this seller in no way affects the terms of the manufacturer’s warranty. The buyer acknowledges being so informed prior to the sale. X ________________________________________________________________________________ BUYER’S SIGNATURE I have been presented the option of an Extended Service Plan: Accept ___________ Decline ___________ The following statement is to be signed when the above new truck(s) is (are) under 33,000 # G.V.W. and equipped with air brakes: “I certify that the air brake-equipped truck(s) above will not be completed as a tractor, but will be completed as a straight truck.” X __________________________________________________________ BUYER’S SIGNATURE The front and back of this Order comprise the entire agreement affecting this purchase and no other agreement or understanding of any nature concerning same has been made or entered into, or will be recognized. I hereby certify that no credit has been extended to me for the purchase of this motor vehicle except as appears in writing on the face of this agreement. I have read the matter on the back hereof and agree to it as a part of this order the same as if it were, printed above my signature. I certify that I am 18 years of age, or older, and hereby acknowledged receipt of a copy of this order. The terms of this contract of sale were, agreed upon and the contract signed in this dealership on the date noted at top of form. If credit is involved, this order is not valid in conjunction with a credit sale until I credit disclosure is made as described in regulation “Z”, and the buyer accepts the credit extended. NOTICE OF SALESMAN’S LIMITED AUTHORITY Accepted X ____________________________________________________________ This order is not valid unless signed and accepted by Sales Manager or Officer of Company. IMPORTANT: THIS MAY BE A BINDING CONTRACT AND YOU MAY LOSE ANY DEPOSITS IF YOU DO NOT PERFORM ACCORDING TO ITS TERMS. UNLESS OTHERWISE STATE, ALL INCENTIVES TO DEALER. X _____________________________________________________________________ BUYER’S SIGNATURE NO DEALER WARRANTY USED VEHICLES No guarantee or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. This vehicle is being sold on an “As is Basis with All Faults.” The Buyer hereby acknowledges that the entire risk as to the quality and performance of this vehicle is with the Buyer. The Buyer assumes full responsibility for making inspections and repairs as may be necessary before putting this vehicle to use. The above warranty information was explained to me prior to the sale. X ________________________________________________________________________ BUYER’S SIGNATURE BUYER’S ORDER Page 2 of 3 ADDITIONAL TERMS AND CONDITIONS 1. Definitions: As used in this CONTRACT: “I”, “ME”, or “MY” means the buyer and co-buyer. ‘’YOU” OR “YOUR” means the seller or dealer. ‘’VEHICLE” means the car, truck, or other VEHICLE described on the front of this CONTRACT including all the options listed. “Manufacturer” means the company which makes the VEHICLE. “Trade- In” means the car, truck, motorcycle or other VEHICLE which I trade to YOU in partial payment for the vehicle. 2. Purpose: By signing the CONTRACT, I agree to buy the VEHICLE from YOU. By accepting this CONTRACT, YOU agree to deliver the VEHICLE to ME if the VEHICLE is in your inventory. If the VEHICLE is not in YOUR inventory, YOU agree to order the VEHICLE from the manufacturer, and after receiving the VEHICLE from the manufacturer, to deliver the VEHICLE to ME. 3. Price Changes by the Manufacturer: I understand that the VEHICLE price stated on the other side of this CONTRACT is based on the current prices the manufacturer charges YOU, and that at any time before YOU receive the VEHICLE from the manufacturer, the manufacturer has the right to raise the price it charges to YOU. I also understand that if the manufacturer does raise the price, YOU may raise the price to ME by the same amount, and that if YOU do raise YOUR price, I may cancel the CONTRACT and get back any down payment I have made. If YOU have not already sold the Trade-In (See Paragraph 4), I may have the Trade-In back by paying YOU the reasonable cost of storage and any repair work or reconditioning YOU may have done. 4. Trad e-In: I understand that if I am using a Trade-In to partially pay for the VEHICLE, I may deliver the Trade-In to YOU either when I sign this CONTRACT or when the VEHICLE Is ready for ME to pick up. If I do not deliver the Trade-In to You when I sign this CONTRACT, I agree that at the time I deliver the Trade-In, YOU may reinspect the Trade-In and lower the allowance I may cancel this CONTRACT and get back my cash down payment. I also understand that if I deliver the Trade-In when I sign this CONTRACT, YOU may sell the Trade-In at any time and at any price YOU think proper. If I use paragraph 3 to cancel this CONTRACT and YOU have already sold the Trade-In, YOU will pay ME the price YOU received for the Trade-In minus 15% commission, minus any money YOU spent repairing, storing, insuring, or advertising the Trade-In. 5. Trade-In-MY Responsibilities: At the time I deliver the Trade-In to YOU, I agree to guarantee that I own the Trade-In free and clear and to furnish proper proof of ownership, including the Certificate of Title or other evidence of ownership. 6. MY Refusal to Take Delivery: Unless this CONTRACT is non-binding because YOU are arranging credit for ME, or unless I have cancelled this CONTRACT pursuant to paragraphs 3 and 4, I understand that YOU may retain the cash down payment I have given YOU as an offset to YOUR damages if I refuse to complete MY purchase. I also understand that I may be responsible for any other damages which YOU may incur as a result of MY failure to perform my obligations under the terms of this CONTRACT. If I have delivered the Trade-In to YOU at the time I signed this contract, YOU may retain the Trade-In and sell ii to reimburse YOURSELF for the expenses of repairing, storing, or reconditioning the Trade-In and for other expenses or losses YOU may incur as a result of MY failure to perform MY obligations under this CONTRACT. 7. Design Changes by the Manufacturer: I understand that the manufacturer has the right to change the design of the VEHICLE, its chassis, its parts or accessories at any time without notice to YOU or to ME: In the event of a change in design, YOU have no duty to ME except to deliver the VEHICLE as made by the manufacturer. 8. Delays in Delivery: I understand that YOU are not responsible for delays in delivery caused by the manufacturer, or by accidents, fires, or other causes beyond YOUR control. I also understand that YOU do not control the manufacturer and are not part of the manufacturer and do not work for the manufacturer. 9. Tax es: I understand that the price of the VEHICLE does not include Slate Sales or Federal Excise Taxes or any other tax or governmental fee. I also understand that I must pay YOU the proper amount of any sales or federal excise tax or other governmental fee which applies to this sale. 10. New VEHICLE Disclaimer of Warranties: I understand that if I am buying a new VEHICLE, the VEHICLE will come with a manufacturer’s warranty which is a promise from the manufacturer directly to ME and that YOU expressly disclaim any and all warranties, express or implied, including any implied warranty or merchantability or fitness for a particular purpose. I also understand that YOU make no guarantees of any kind about the VEHICLE’S condition or performance and that once I take delivery, I have complete responsibility and all the risk for any problems with the VEHICLE. 11. Used VEHICLE Disclaimer of Warranties: I understand that if I am purchasing a used VEHICLE, YOU expressly disclaim any warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. I also understand that YOU make no guarantees of any kind about the VEHICLE’S condition or performance and that once I take delivery, I have complete responsibility and all the risk for any problems with the VEHICLE. 12. Dealer Warranty or Service Contract: I understand that if YOU offer a limned warranty on a used VEHICLE or I purchase an extended service contract on a new or used VEHICLE, YOU may not disclaim any implied warranties of merchantability or fitness for a particular purpose and the disclaimer on the front side of this ORDER will not apply. 13. Used Vehicle Window Sticker Form: I understand that if I am purchasing a used VEHICLE or a demonstrator, the information I see on the window form for this VEHICLE is part of this CONTRACT. Information of the window form overrides any contrary provisions in the CONTRACT of sale. Page 3 of 3