HomeMy WebLinkAboutORD 3068 Amending the 2023 Budget for Refuse TruckCity of West University Place
Harris County, Texas
ORDINANCE NO. 3068
AN ORDINANCE AMENDING THE BUDGET OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 2024 AND ENDING
DECEMBER 31, 2024; CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
WHEREAS, it is found and determined that changes in the current budget are necessary
for municipal purposes and that amendments are necessary for emergencies of the kind
contemplated by state law, and it is formally found, determined and declared that such
emergencies exist;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the budget of the City of West University Place for the 12 -month period
beginning January 1, 2024, and ending December 31, 2024 as heretofore adopted be, and it is
hereby, amended as shown in Exhibit A attached.
Section 2. The City Council approves, adopts, and ratifies the findings set out in the
preamble hereof and directs that the City Secretary file a copy of this ordinance with the county
clerk, in the same manner as original budgets are required to be filed.
Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed
to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this
ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid
or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance,
nor the application of such word, phrase, clause, sentence, paragraph, section, or other part of
this ordinance to any other persons or circumstances, shall be affected thereby.
Section 5. The public importance of this measure and the requirement of the law create
an emergency and an urgent public necessity requiring that this ordinance be passed and take
effect as an emergency measure, and a state of emergency is hereby declared. This ordinance
is accordingly passed as an emergency measure and shall take effect immediately upon adoption
and signature.
PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING on the
day of, 2024.
��FS u'h/y�
SIGNED: (J,6.
� V
i.0 coq -Y-% LL-11��
usan Sample, WKor
RECOMMENDED:
Dave Beach, City Manager
Secretary
REVIEWED:
T'' w
OI on son, LLP, City Attorney
Exhibit A
CITY OF WEST UNIVERSITY PLACE, TEXAS
BUDGET AMENDMENT
2024 Amendment 2024 Amended
Budget May 20, 2024 Budget
Vehicle Replacement Fund
Trucks
$443,000 $300,000 $743,000
^'dr 1%
16mP
City of
West University
Place
GENERAL SERVICES CONTRACT
Rev. 12/12/2023
This General Services Contract (Contract) is made between the City of West University Place, Texas (City), and
Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
1. Summary of Contract Terms
H. Signatures
Ill. Standard Contractual Provisions
I. Summary of Contract Terms.
Contractor: Houston Freightliner
Description of Services: Purchase of a Single Refuse Truck
Annual/Base Services: $291,253.85
IV. Special Terms and Conditions
V. Additional Contract Documents
Additional Work in addition to Base Services:
Effective Date: 05/20/2024
Termination Date: 12/01/2025
Renewal: As per written gg ement only
H. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF WEST UNIVERSITY PLACE: *
0
CONTRACTOR:
M
Title: City Manap-er Title:
Date:
Date:
Council Approved on 05120.x2024
City Manager
Department Head
Division Head
*Contract Signature Authority: Division Head & Managers - $6,999 or less
Directors - $7,000 to $24,999
City Manager - $25,000 to $49,999
Over $50,000 -- City Manager With City Council Authorization
Attest: City Secretary
III. Standard Contractual Provisions.
A. Definitions.
Contract means this General Services Contract.
Services means the services for which the City solicited bids or received proposals as described in this Contract.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and
conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of
at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance
with the terms of this Contract, but all payments to be made by the City to Contractor, including the time
of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of
Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. The City may terminate this Contract during its term at any
time for the City's own convenience where the Contractor is not in default by giving thirty (30)
days written notice to Contractor. if the City terminated this Contract under this paragraph, the
City will pay the Contractor for all services rendered in accordance with this Contract to the date
of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract if the other party
fails to comply with its terms. The party alleging the default will give the other party notice of the
default in writing citing the terms of the Contract that have been breached and what action the
defaulting party must take to cure the default. If the party in default fails to cure the default as
specified in the notice within 10 days, the party giving the notice of default may terminate this
Contract by written notice to the other party, specifying the date of termination. Termination of
the Contract under this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which
it becomes effective or provides for the City to make any payment during any of the City's fiscal
years following the City's fiscal year in which this Contract becomes effective and the City fails to
appropriate funds to make any required Contract payment for that successive fiscal year and there
are no funds from the City's sale of debt instruments to make the required payment, then this
Contract automatically terminates at the beginning of the first day of the City's successive fiscal
year of the Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's
liability to the City or releases the Contractor from liability to the City for actual or compensatory damages,
loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by
one party to the other party to this Contract is not applicable or effective under this Contract. Except where
an Additional Contract Document provided by the City provides otherwise, each party to this Contract is
responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or
costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law. This provision does not affect the right of either party to this contract who is sued by
a third party of acts or omissions arising from this Contract to bring in the other party to this Contract as a
third -party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit
may only be prosecuted on this Contract in a court of competent jurisdiction located in or having
jurisdiction in Harris County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and
supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be
amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an independent
contractor and not as an employee of the City. The City has not right to supervise, direct, or control the
Contractor or Contractor's officers or employees in the means, methods, or details of the work to be
performed by Contractor under this Contract. The City and Contractor agree that the work performed under
this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner,
and that Contractor will take proper care and precautions to ensure the safety of Contractor's officers and
employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any
disputes that may arise between them regarding this Contract. If either party disputes any matter relating
to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute
by submitting the matter to mediation before a third party who will be selected by agreement of the parties.
The parties will each pay one-half of the mediator's fees.
J. Attorney's Fees. Should the City bring suit against the Contractor for breach of contract or for any other
cause relating to this Contract, the City shall be entitled to seek an award of attorney's fees or other costs
relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of
the Contract continues to be binding on the parties.
L. Work Product. Any work product generated as a result of this Contract shall be the property of the City.
IV. Special Terms or Conditions.
A. State Disclosure Requirements. As required by Section 2252.908, Texas Government Code, if this Contract
requires an action or vote by the City before the contract may be signed, or has a value of at least $1 million,
then the City may not enter into such Contract unless the Contractor submits a disclosure of interested
parties to the City at the time the Contractor submits the signed Contract to the City. The Contractor agrees
to submit such disclosure as required by Section 2252.908 of the Texas Government Code on the form
1295, prescribed by the Texas Ethics Commission, unless the Contractor is a publicly traded entity or a
wholly owned subsidiary of same, in which case no disclosure is required. The Contractor agrees to access
the Texas Ethics Commission website and complete the form 1295, receive a confirmation number and a
FDF version of the completed form 1295, execute and notarize a hard copy version of the completed form
1295, and submit it, along with the confirmation number, to the City.
B. Other State Requirements. The Contractor hereby certifies that it and its parent company, wholly-owned
or majority-owned subsidiaries, and other affiliates comply with and agree to abide by the requirements of
Texas Government Code Chapter 2252 (foreign terrorist organizations prohibited), Chapter 2264
(undocumented workers), Chapter 2270 (boycott -Israel), and Chapter 2274, Texas Government Code
(boycotts -energy company; discrimination firearms entity or trade association).
V. Additional Contract Documents. The following specified documents attached to this Contract are part of this
Contract, except as follows: any provision contained in any of the Contractor's Additional Contract
Documents specified below that conflicts with Sections III or IV of this General Services Contract, does
not apply to this contract.
A. Contractor's Additional Contract Documents:
1. HGACBuy Pricing Sheet
B. City's Additional Contract Documents:
1. [required insurance]
END OF DOCUMENT
CONTRACT PRICING WORKSHEET
[##"BUY For MOTOR VEHICLES Only
Contract 1HT06-20
No.:
Date 542024
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly.
Buying .City of West University
Agency:
Contractor: :Houston Freightliner
Contact =
Person: i
Prepared :Adam Neuse
By: i
Phone:=
Phone: :713-580-8148
Fax
Fax: i
Email:
Email: :adam.neuse-a houstonfreightliner.com
Pr°d°et DG
Code:
Description: EM2-106, Conventional Cab, SBFA, TRA (PRL -20M)
A. Product Item Base Unit Price Per Contractor's H -GAC Contract: 94442
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
Description ' Cost Description Cost
L9 360 HP 1150 LB FT TQ ENGINE ' 12499 2 Man Passenger Seat 144
RT -46-160P 46,000 LB REAR AXLE 3645 2-I -2" Fender Extensions 206
000 RDS AUTOMATIC TRANSMISSION 5089 Battery Disconnect MTD LH of Driver Seat 150
UFTRAC GEN2 46,000 LB REAR SUSPENSION '. 2995 LH 80 Gallon Fuel Tank i 218
DA -F-18.0-5 18,000 LB FRONT AXLE 1665 Dual West Coast Mirrors w`LH-RH Remote : 215
18,000 LB TAPERLEAF FRONT SUSPENSION ' 1071 LHRH 8" Bright Convex Fender Mirrors 104
25" Wheelbase 835 AM/FM/WB Radio with Bluetooth 368
1132x3 -112x10-15116" Frame 120KS1 464 Adjustable Steering Column i 359
U4" Inner Frame Reinforcement 775
Driver Controlled Differential Lock (Both Axles) 1 124 Heil 25 Cubic Yard DuraPack 5000 141382.27
15 AMP 38-S1 Brucshless Alternator = 239 Subtotal From Additional Sheet(s):
Basic High Back Air Driver Seat : 159 Subtotal B: 173706.27
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Description ' Cost Description Cost
POWER, GROUND AND ROOF MOUNTED BRACKET FOI 976
MC RP 170 INTERFACE CONNECTOR 775 Subtotal From Additional Sheet(s): 0
LEAR FRAME RAILS FROM BACK OF CAB TO FRONT 1 218 Subtotal C: l96
Check: Total cost of Unpublished Options (C) cannot exceed 25°x° of the total of the Base Unit:
Price plus Published Options (A# B). For this transaction the percentage is: 1°
D. Total Cost Before Any Applicable Trade -In l Other Allowances I Discounts (A+B+C) s
Quantity Ordered: r� X Subtotal of A + B + C:
270117.27 =
Subtotal D:. 2701 t 7.27
E. H -CAC Order Processing Charge (Amount Per Current Policy)
Subtotal E: 1 150
F. Trade -Ins / Special Discounts / Other Allowances I Freight ! Installation l Miscellaneous Charges
Description Cost Description =. Cost
Furnish and Install Axial Telma AD72-45 11761.58 Freightliner Standard Destination Charge 3375
26MY/25CY Pricing Surcharge 450
Subtotal F: 1 19636.58
Delivery Date:! IF G. Total Purchase Price (D+E+F):
291253.85