Res 112-2025 purchase of one (1) alley side load trash truck 10/07/2025 RESOLUTION NO. 112-2025
Resolution authorizing the purchase of one (1) alley side load trash
truck (Mack TE42 with Kann SLEC body) through the Houston-
Galveston Area Council from Bruckner Truck Sales, Inc. in the amount
of $337,973.00
WHEREAS, Texas Local Government Code §252.022 exempts items purchased
through interlocal cooperative purchasing contracts from the State's competitive bidding
requirements; and,
WHEREAS, the City Council of the City of Wichita Falls has passed a resolution
approving the participation in such cooperative agreements; and,
WHEREAS, the City Council finds that Mack is offering one (1) TE42 Kann SLEC
body through the Houston-Galveston Area Council from Bruckner Truck Sales, Inc., and
it is in the best interest to purchase the equipment in accordance with the Cooperative
Purchasing Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase one alley
side load trash truck through the Houston-Galveston Area Council from Bruckner Truck
Sales, Inc. in the amount of $337,973.00.
PASSED AND APPROVED this the 7th day of October, 2025.
MAYOR
ATTEST:
4V61,tk-L,/ &-A-PA14,r
City Clerk
I3t " UcK&kKeN� Bruckner's Truck & Equipment
Retail Proposal
EQUIPMENT ■1 ■
Financing Available! y
Date: May 5,2025 Scan QR Code to Complete an Application I2 '
CUSTOMER INFORMATION EQUIPMENT INFORMATION
Name: City of Wichita Falls Stock#: Ordered UNITID
Name:
Address: PO Box 1431 Year: 2026 BODY Kann Alley
ICSZ: Wichita Falls,TX 76307 I (Make: Mack
(Phone: 940-761-7977 I Cell: 940-704-4192 I (Model: TE42
'Fax: I Contact: Armando Mangual I IVIN:
'Email: armando.mangual@wichitafallstx.gov I (Salesperson: Josh Phillips
EQUIPMENT SPECIFICATIONS
Engine Make: Mack MP7-355C Wheelbase: 210"w/185"Clear CT&72"AF
Horsepower: 355hp w/1250 Lb-ft Torque Frame: 9.5mm Steel w/2,470,000 Lb-in RBM
Engine Brake: Yes-Mack Powerleash For MP7 Interior Trim: Mack LR Gray w/Dual Drive
Transmission: Allison 4500RDS-6-Spd Automatic Wheels Front: Accuride Powder Coated White Steel
Front Axle: Mack-20,000# Wheels Rear: Accuride Powder Coated White Steel
Rear Axle: Mack-46,000#wl Full Locking Rears Tire Size: 315/80R22.5
Rear Suspension: Mack-46,000#Camelback Spring Tire Front: Bridgestone M870
Ratio: 4.50 Tire Rear: Bridgestone M870
Chassis Includes the Following Local Extras:
New Mack Prep-Includes PDI,$100 Fuel, Chassis Can Be Built In October,But Body Won't
Bruckner Mudflaps,Bruckner Floormats, Be Installed Until 26Q2 Per Kann.
State Inspection,&Truck Wash w/Int.Detail.
Kannn Curbmaster SLEC 21yd Commercial
Side Loader Installed Per Customer's Specs.
BuyBoard Contract#686-22 Item 10
Kann Quote#00010123 Purchased Using Bruckner's HGAC Contract
'Delivered To Bruckner's-Wichita Falls #HT06-20. HGAC Fee Included.
FOB:City of Wichita Falls-Central Service
Each Multiple Total
Trade-In Information: Trade 1: Trade 2: $337,673.00
Allowances:
VIN:
Year:
Make:
Model:
Payoff:
Quantity I I
OTHER CHARGES:
Title,and License Fees(Estimated): -
Purchase Coverage Type: -
Insurance Type: -
Dealer Inventory Tax and Doc Fees 300.00
Cash Down Payment:
TOTAL: $337,973.00
Dealer Signature: Customer Signature:
Date: Date:
A documentary fee is not an official fee. A documentary fee is not required by law, but may be charged to buyers for handling documents and
performing services relating to the closing of a sale. A documentary fee may not exceed$50 for a motor vehicle contract or a reasonable amount
agreed to by the parties for a heavy commercial vehicle contract. This notice is required by law.
Eeg Kann Manufacturing Corporation
A P.O.Box 400-210 Regent Street-Guttenberg,Iowa 52052 QUOTE
1 Phone:563-252-2035-Fax 563-252-3069-Email:sales@kannmfg.com
Date Quote#
04/30/25 00010123
Quote To: BRUCKNER TRUCK&EQUIPMENT Ship To: BRUCKNER TRUCK&EQUIPMENT
4520 NORTHWEST FWY 4520 NORTHWEST FWY
WICHITA FALLS, TX 76306- WICHITA FALLS, TX 76306-
Contact JOSH PHILLIPS
Customer 0002172
Telephone 940-855-4051 Fax
Terms Expiry Date Salesperson Ship Via
NET 30 DAYS 05/30/25 RT DELIVER
Qty Part# Description Unit price Ext.Price
BUYBOARD INVITATION#686-22 ITEM 10:
CURB MASTER,SLEC SERIES 21-YD COMMERCIAL
SIDE LOADER,TREE HUGGER
1.0 3531757 BODY ASSY 17YD SSL TALL BLADE SLEC 85,275.000 85,275.00
1.0 3530894 TAILGATE ASSY 3YD,BODY SLECRR 6,040.000 6,040.00
1.0 3530709 PAINT,MISC MATL PPG#FDGH SLC 4,227.000 4,227.00
6.0 1800394-50 PPG#FDGH917956 A,MAC WHITE 165.000 990.00
1.0 4630098 SINGLE HOOK LOAD OPT SLEC 4,952.000 4,952.00
1.0 3531148 ROOF DECK ASSY,SLEC 15 RR 1,109.000 1,109.00
1.0 3531094 LIGHTS,TLGT LED T/B SLEC RR 1,892.000 1,892.00
1.0 4700338 STROBE LIGHT(TARGET) 252.000 252.00
1.0 4530201 SIDE WORK LTS LED,FENDER MNT 200.000 200.00
1.0 4530054 LOADING WORK LIGHTS LED,SLEC 198.000 198.00
1.0 4530114 FIRE EXT 20#FENDER MNT SLEC 448.000 448.00
1.0 4530030 CAMERA,DUAL SV 7"LCD/CAB OVER 2,745.000 2,745.00
1.0 4530200 REAR WORK LIGHTS LED,BTM LT BAR 245.000 245.00
1.0 4530036 TOOL BOX 30"OPTION SLEC 583.000 583.00
1.0 5530122 SLECI7YD FB CSL FRNT TP MK LR'24 46,160.000 46,160.00
FOR: CITY OF WICHITA FALLS
Page 1 of 3
Kann Manufacturing Corporation
' P.O.Box 400-210 Regent Street-Guttenberg,Iowa 52052
Phone:563-252-2035-Fax:563-252-3069-Email:sales@kannmfg.com QUOTE
Sub Total: 155,316.00
Sales Tax: 0.00
Federal Excise Tax: 0.00
Freight: 2,365.00
Total: 157,681.00
-Customer is responsible for throttle advance programming if required.
-F.O.B.Kann Manufacturing Corporation. Freight charge is estimated based upon fuel cost at the time of quotation. The charge
subject to change at the time of delivery.
-Modifications to customer supplied chassis will be at the customer's expense and will be added to the customer's invoice.
Customers will be notified prior to any modifications.
-If Kann Manufacturing Corporation facilitates the customer purchase of a chassis,C.O.D.terms on both chassis and body will
supercede all other specified terms found in this agreement.
***Ordering Information:
Order date: Number of Units Ordered: Customer's P.O.#:
Customer Order Authorization Signature:
Kann Manager Authorization: Rer
Page 2 of 3
Kann Manufacturing Corporation
r IV A !:,'; ,, . 4;!
! P.O.Box 400-210 Regent Street-Guttenberg,Iowa 52052
Phone:563-252-2035-Fax:563-252-3069-Email:sales@kannmfg.corn QUOTE
KANN MAN UFACTURINGCORPORATION
OFFER OF SALE
1. Definitions.As used herein,the following terms have the meanings Indicated.
Buyer means any Customer receiving a Quote for Products.
Goods: means any tangible part,system or component to be supplied bySeller.
Products: means the Goods and/or Services described In the Oriole.
Quota: means the offer or proposal made by Seller ro Buyer for the supply of Products.
Seller: means Kann Manufacturing Corporation(Kann).including all divisions and businesses thereof.
Services: means any services to be provided by Seller.
Terns: means the terms end conditions of This Offer of Sale.
2. Teams.All sales of Products by Seller ere expressly conditioned upon,and will be governed by the acceptance of.these Terms.These Terms are incorporated Into any Quote provided
by Seller to the Buyer.Buyer's order for any Products whether communicated to Seller verbally,in writing,by electronic data interface or other electronic commerce,shell mabacceptance of these
Terms.Sailer objects to any contrary or additional terms or conditions of Buyer.Reference in Seller's order acknowledgement to Buyer's purchase order or purchase order number shall in no way
constitute an acceptance of any of Buyer's terme or conditions of purchase.No modification to these Terms will be binding on Seller unless agreed to In writing and signed by an authorized
representative of Seller.
3. Price;Payment.The Products set forth In the Quote are offered for sale at Me prices indicated in the Quote,unless otherwise spectlically stated In the Quote.Prices are valid(thirty(30)
days end do not Include any axles,use,or other taxes or duties.Seller reserves the right to modify pdces al any time to adjust for any raw materiel price fluctuations.Unless otherwise specified by
Seller,all prices are Ex Works(EXW)Seller's facility(INCOTERMS 2020).All sales are contingent upon credit approval and full payment for all purchases Is due thirty(30)days from the tiers of
Invoice(or such dale as may be specified hire Quote).Unpaid invoices beyond the specified payment date incur Interest at the rate of 1.5%per month or the maximum allowable rate under applicable
law.
4. Shipment:Delivery:Title and Risk of Loss.All delivery dates are approximate,and Seller is not responsible for damages resulting from any delay. Regardless of the manner of
shipment,delivery occurs and title and risk of loss or damage pass to Buyer.upon placement of the Products with the carder at Seller's facility.Unless otherwise agreed prior to shipment.the Buyer is
responsible to select and arrange,at Buyer's sole expense,the carrier and means of delivery.If Ills agreed that the Seller Is to select and arrange the carrier and means of delivery.freight and
insurance costs for the shipment to the designated delivery location will be prepaid by Seller and added as a separate line item to the Invoice.Buyer shall he responsible for any addltlonal shipping
charges incurred by Seiler due to Buyer's acts or omissions.Buyer shall not return or repackage any Products without the prior written authorization from Seller,and any return shell be at the sole cost
and expense of Buyer,
5. Warranty.The warranty for the Products le spedled In the Kann Warranty Policy;in summary,the Goods are warranted against defects in material or workmanship fora period of twelve
(12)months unless otherwise specified and agreed upon,from the date of delivery.
EXEMPTION CLAUSE; DISCLAIMER OF WARRANTY. CONDITIONS,REPRESENTATIONS: THIS WARRANTY IS THE SOLE AND ENTIRE WARRANTY, CONDITION, AND
REPRESENTATION PERTAINING TO PRODUCTS.SELLER DISCLAIMS ALL OTHER WARRANTIES,CONDITIONS,AND REPRESENTATIONS,WHETHER STATUTORY,EXPRESS OR
)MPLIED.INCLUDING BUT NOT LIMITED TO THOSE RELATING TO DESIGN.NONINFRINGEMENT.MERCHANTABILITY,AND FITNESS FORA PARTICULAR PURPOSE.
6. Claims;Commencement of Actions.Buyer shall promptly Aspect all Products upon receipt.No claims for shortages will be allowed unless reported to the Seller within ten(10)days of
delivery.Buyer shall notify Seller of any alleged breach of warranty within thirty(30)days elver the date the nonconformance is or should have been discovered by Buyer.Any claim or seller against
Seller based upon breach of contract or any other theory,Including tort,negligence,or otherwise must be commenced within twelve(12)months from the data of the alleged breach or other alleged
event,without regard to the date of discovery.
7. LIMITATION OF LIABILITY.IN THE EVENT OF A BREACH OF WARRANTY,SELLER WILL,AT ITS OPTION.REPAIR OR REPLACE THE NON-CONFORMING PRODUCTWITHIN A
REASONABLE PERIOD OF TIME.IN NO EVENT IS SELLER LIABLE FOR ANY SPECIAL,INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES€NCLUDING ANY LOSS OF REVENUE
OR PROFITS WHETHER BASED IN CONTRACT,TORT OR OTHER LEGAL THEORY.IN NO EVENT SHALL SELLER'S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE
PURCHASE PRICE PAID FOR THE PRODUCTS.
8. Security Interest.To secure payment of all Sums due from Buyer,Seller retains a security interest in all Products delivered to Buyer and,Buyers acceptance of these Terms is deemed
to be a Security Agreement under the Uniform Commercial Code.Buyer authorizes Seller as Its attorney to execute and file on euyer'a benaif all documenta Seiler deems necessary to perfect
Seller's security interest.
9. User Responsibility.Buyer,through its own analysis and testing,Is solely responsible for making the final selection of the Products and assuring that all performance,endurance,
maintenance,safety and warning requirements of the application of the Products am met.Buyermust analyze all aspects of the applicefon and fallow applicable Industry standards,specifications,
and any technical information provided with the Quote or the Products,such as Seller's Instructions,guides and specifications.If Seller provides options of or for Products based upon data or
spedficasons provided by Boyer,Buyer is responsible for determining that such data and specifications are suitable and sufficient for all applications and reasonably foreseeable uses of the
Products.In the event Buyer Is not the end-user of the Products.Buyer will ensure such end-user complies with this paragraph.
10. Use of Products.Indemnity by Buyer.Buyer shall comply with all Instructions,guides and specifications provided by Seller with the Quote or the Products.Unauthorized Uses.If
Buyer uses or resells the Products In any way prohibited by Sellers Instructions.guides or spedficatinos,or Buyer otherwise fails to comply with Seller's Instructions.guides and speciecations,
Buyer acknowledges that any etch use,resale,or non-compliance is at Buyer's sole risk.Further.Buyer shall Indemnify,defend,and hold Seller harmless from any losses,claims,Iiebilltles,
damages,lawsuits,judgments and costs(Including attorney fees and defense costs),whether for personal injury,property damage,Intellectual property infringement or any other claim,arising out
of or in connection with:(a)Improper selection,design,specification,application,or any misuse of Products;(b)any act or omission.negligent or otherwise,of Buyer;(c)Seller's use of patterns,
tools,equipment,plans,drawings,designs,specifications or other information or things furnished by Buyer;(d)damage to the Producle horn an exlemal cause,repair or attempted repair by anyone
other than Seller,failure to follow Instructions.guides and specifications provided by Seller,use with goods not provided by Seller,or opening,modifying,deconstructing,tampering with or
repackaging the Products;or(e)Buyer's failure to comply with these Terms.Seller shall not indemnify Buyer under any circumstance except as otherwise provided in these Terms.
11. Cancellations and Changes.Buyer may not cancel or modify,Including but not limited to movement of delivery dates for the Products,of any order for any reason except with
the Seller's written consent.and upon terms that will Indemnify,defend and hold Sailer harmless against all direct.incidental and consequential loss or damage and any additional expense.Seller,
at any time,may change features,specifications,designs and availability of Products.If the buyer requests a cancellation of Products for any reason,the request must be submitted In writing Ira the
Seller,and the Seiler has the right to refuse or accept the request.If the Seller accepts the cancellation request from the Buyer,the Buyer will be notified by the Seller in writing of the acceptance to
Heel the Product(s)from the order,and the Buyer will agree to pay,as determined by.and by the sole discretion of the Seiler,the higher of the Iwo costa of,ether(I)the total accumulative cost
Mat the Seller has in the Product at time of cancellation,or(Ii)a 25%restocking fee of the Quoted price for the cancellation of any or all Products as requested.
12. Limitation ee Assignment.Buyer may not assign fie tights or obligations Without the prior written consent of Seller.
13. For a Maleure.Seller is not liable for delay or failure to perform any of Its obligations by reason of events or circumstances beyond its reasonable control.Such circumstances include
without limitation:accidents,labor disputes or stoppages,government ads or orders,acts of nature,pandemics.epidemics,other widespread Illness,or public health emergency,delays or failures
in delivery from callers or suppliers,shortages of materials,war(whether declared or not)or the serious threat of same,riots,rebellions,acts of terrorism,fire or any mason whether similar to the
foregoing or otherwise.Seller will resume performance as soon as precticabieaher the event of farce majeure has been removed.All delivery dales affected by force maleure shall be tolled for
the duration of such force maleure end rescheduled for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.Force majeure shall not include financial
distress,insolvency,bankruptcy,or other similar conditions effecting one of the parties,afflletes and/or sub-contractors.
14. Waiver and Severabitity.Failure to enforce any provision of these Terms will not invalidate that provision;nor will any such failure prejudice either party s right to enforce that provision In
the future.Invalidation of any provision of these Terms shall not invalidate any other provision herein and,the remaining provisions will remain In full force and effect.
15. Termination.Seller may terminate any agreement govemed by or arising horn these Terns for any mason and at any lime by giving Buyer thirty(30)days prior written notice.Seller may
immediately terminate.in writing,if Buyer:(a)breaches any provision of these Terms,(b)becomes or is deemed Insolvent,(c)appoints or has appointed a trustee.receiver or custodian for
all or any part of Buyer's property,(d)files a petition for mist In bankruptcy on Its awn behalf,or one is filed against Buyer by a third party,(e)makes an assignment for the benefit of
creditors;or(f)dissolves Its business or liquidates all or a majority of its assets.
16. Indemnity for Infringement of Intellectual Property Rights.Seller is nal liable for Infringement of any patents,trademarks,copyrights,trade areas,trade secrets or similar rights
("Intellectual Property Rights")except as provided in this Section.Seller will defend at Its expense and will pay the)cost of any settlement or damages awarded In en action brought against
Buyer based on a third party claim that one or mom of the Products sold hereunder Infringes the Intellectual Property Rights of a third party In the country of delivery of the Products by Seller to
Buyer.Seller's obligation to defend and indemnify Royer Is contingent on Buyer notifying Seller within ten(10)days after Buyer becomes aware of any such claim,and Seller having sole control over
the defense of the claim Including all negotiations for settlement or compromise.if one or more Products sold hereunder is subject to such a claim,Seller may,at Its sole expense end option,procure
for Buyer the right to continue using the Products,replace or modify the Products so as to render them non-Infringing,or offer to accept return of the Products and refund the purchase price less a
reasonable allowance for depreciation.Seller has no obligation or liability for any claim of infringement:(I)arising from information provided by Buyer;or(iI)directed to any Products provided
hereunder for which the designs are specified In whole or part by Buyer;or(iii)resulting from the modification,combination or use In a system of any Products provided hereunder.The foregoing
provisions of this Section constitute Seller's sole and exclusive liability and Buyer's sole and exclusive remedy for deems of infringement of intellectual Property Rights.
17. Governing Lew.These Terns and the sale and delivery of all Products are deemed to have taken place in,and shall be governed and construed in accordance with,the laws of the Stale
of Iowa,as applicable to contracts executed and wholly performed therein and without regard to conflicts of laws principles.Buyer irrevocably agrees and consents to the exclusive jurisdiction and
venue of the courts of Clayton County,Iowa with respect to anydispule,controversy or claim arising out of or relating to the sale and delivery of the Products.
18. Entire Agreement.These Terms,along with the terms Set forth in the main body of any Caste,forms the entire agreement between the Buyer and Seller end constitutes the final,complete
and exclusive expression of the terms of sale and purchase.In the event of a conflict between any term set forth In the main body of a Quote and these Terms,the terms sat forth In the mein body of
the Quote shall prevail.All prior or contemporaneous written ororal agreements or negotiations with respect to the subject matter shall have no effect.These Terms may not be modified unless in
writing and signed by an authorized representative of Seller.
19. Compliance with Laws.Buyer agrees to comply with all applicable laws,regulations,and Industry and professional standards,including those of the United States of America,and the
country or countrias In which Buyer may operate.IncludIng without limitation the U.S.Foreign Corrupt Practices Act("FCPA"),the U.S.Anti-Kickback Act("Anti-Ktckbadt Act"),U.S.and E.U.
export control and sanctions laws("Export Laws"),the U.S.Food Drug and Cosmetic Act("FDCA"),end the rules and regulations promulgated by the U.S.Food and Drug Administration("FDA"),
each as currently amended.Buyer agrees to Indemnify,defend,and hold harmless Seller from the consequences of any violation of such laws,regulations and standards by Buyer.its employees or
agents.Buyer acknowledges that it Isfamiltar with all applicable provisions of the FCPA,the Anti-Ieckbeck Act.Export Laws,the FOCA and the FDA and ceridies that Buyer will adhere to the
requirements thereof and not lake any action that would make Seller wolate such requirements.Buyer represents and agrees that Buyer will not make any payment or give anything of value,directly
or Indlreclly,lo any governmental official,foreign political perry or official thereof.candidate for foreign political office,or commercial entity or person,for any improper purpose,Including the purpose
of Influencing such person to purchase Products or otherwise benefit the bushress of Seller. Buyer further represents and agrees that if will not receive.use,service.transfer or ship any Products
from Seller in a manner or for a purpose that violates Export Laws or would cause Seller to be In violation of Export Laws.Buyer agrees to promptly end reliably provide Seller ail requested
Information or documents,including end-user statements and other written assurances,concerning Buyer's ongoing compliance with Export Laws.
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