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RESOLUTION 2018-08

RESOLUTION NO, 2018-08

A RESOLUTION TO AUTHORIZE REPAIR OF 1994 KME
75' FIRESTIX LADDER TRUCK BY JON.S MID AMERICA
FIRE APPARATUS AND A SUBCONTRACTED DIESEL SHOP

WHEREAS, the City acquired a 1994 KME 75' Firestix ladder truck in 2009 from Jon's Mid America Fire Apparatus {JMAFA};

WHEREAS, said ladder fire truck served the City and the Johnson Area Volunteer Fire Department {JAVFD) for several years;

WHEREAS, in 2016 it was determined that the ladder truck had one or more problems {leaks} that had to be repaired (or parts replaced) to continue and extend the life of its service to our citizens and the public;

WHEREAS, the City Council voted to have Arkansas Diesel and Equipment Repair {ADER} of Springdale either rebuild the engine in the ladder truck or replace that engine with a rebuilt engine al a maximum cost of $23,000.00;

WHEREAS, in early 2018 it was determined by the JAVFD and representatives of the City that ADER could not perform its agreement in regards to returning the ladder fire truck to operational service;

WHEREAS, ADER billed the City in excess of $38,000.00 for claimed work and parts for the ladder truck which the City has refused to pay until the apparatus was fully evaluated for operational purposes by a third party;

WHEREAS, ADER filed a lawsuit claiming a lien on the City's ladder fire truck and the City has posted a cash bond with the Court to obtain the return of the apparatus {minus parts that were removed by ADER};

WHEREAS, the City had the ladder fire truck towed to JMAFA in Springfield, MO, for an Operational evaluation on all aspects of the apparatus;

WHEREAS, JMAFA, has performed a limited evaluation of the I 994 KME 75' Firestix for operational readiness and performance and has given the City two alternatives for returning the apparatus to full operational service; and,

WHEREAS, it appears to the administration that repair of the ladder fire truck is a better use of public funds as opposed to replacing, the 1994 KME 75' Firestix with either a new or used ladder truck.

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: Since JMAFA is an authorized dealer of KME fire apparatus, will utilize a diesel shop in Springfield for certain aspects of the repair process, has previously worked on the City's ladder truck and is the nearest authorized KME facility, competitive bidding on repairing the City's ladder truck should be and hereby is waived.

Section 2: That the Mayor and Recorder-Treasurer should be and hereby are authorized to
approve or advise JMAFA to proceed with repairs of the 1994 KME 75' Firestix in accordance with the attached estimate utilizing a new/used motor for the estimated price of $ 67666.63

Section 3: In the event an unforeseen obstacle is encountered by JMAFA or the diesel shop in making repairs pursuant to the attached estimate, and in order to obtain the services of the ladder fire truck, to the City, its citizens and the JAVFD, without unnecessary delay, the Mayor (upon advice of the representatives of the JAVFD and Clay Wilson) is authorized to expend an additional $7500.00 to assure complete functional operation of the apparatus upon its return
to the City.

Section 4: That upon completion of the repairs to the ladder tire truck in accordance with the attached estimate and the operational functionality of the apparatus confirmed by representatives of the JAVFD and City, the Recorder-Treasurer is authorized to pay to JMAFA
the amount set forth above plus any contingency as provided here for.

PASSED AND APPROVED this 4th day of June, 2018

ATTEST:

* Please see attachment for complete document