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2014-157��l , � � � AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF A PETERBII,T ROLL-OFF REFUSE TRUCK WITH WASTEQUIP HOIST AND TARPER IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITNE BIDDING; AND PROVIDING AN EFFECTNE DATE (FILE 5560-AWARDED TO RUSH TRUCK CENTER, CRANE IN THE AMOUNT OF $174,419.) WHEREAS, State law and Denton City ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $50,000 be by competitive bids, except in the case where a procurement is necessary to preserve or protect the public health, or safety of the City's residents, or a procurement is necessary because of unforeseen damage to public machinery, equipment or other property, where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the City, as provided by Sections 252.0022(a)(2) and (3) of the Texas Local Government Code; and WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, which is incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION_ 1, The recitations stated in the preamble above are hereby incorporated by reference as a part of this Ordinance. SECTION 2. The City Council hereby determines that circumstances exist that makes it necessary to act at once to appropriate money to provide for unforeseen damage to public property, machinery or equipment, or to preserve or protect the public health or safety of the City's residents; and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "File Number" referenced herein and on iile the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 5560 Rush Truck Center, Crane $174,419 SECTION 3. Because of such emergency, the City Manager or his designee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Order and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of State law exempting such purchases by the City from the requirements of competitive bids. SECTION 4.. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton, Texas under File No. 5560 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � a, °"'�:� day of _ �r�:,�,���',.�y . , 2014. �¢ � , ��. � � � , .� C�`�:�� ��.� �' �' ' --,.� � _.ta.... MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : ���I���`�`�� AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _... �� � - BY: ,.�� f.., ;� : ,�° � . f� � � , ��,,. . � fl���j��j � ��`����� � �, f{ i ' ° '.. �� ; ,_ � Vendor; Rush Peterbilt Declaration of an Emergency Product/Service: Refuse Collection Truck, with Roll-off hoist Estimated expenditure for the above commodity or service: $ $174,419 File #. 556Q____a Requisition #: ] 19086_, _��� Date: Ma,�16l2014 Initial all entries below that apply to the proposed purchase, under the Purchasing Procedures as passed by City Council. (More than one entry may apply.) 1. X Emergency situations, including procurements necessary to protect the public � health or safety or in response to a public calamity; 2. X A procurement necessary because of unforeseen damage to public eyuipment, WP���P� „�� machinery, or other property; Brief Description/Justification for exceptio_n___: �l �i�,�7 ���t�rk�ill �ralirl �,+�:���: r°etu,s�.mccsEl�cti�rt7 t��t�c4�,_1�rt�� � S�f)785e w�a� invcalv�� i�� �t� acc;iti�:t�t. ��i�t��i����;�y�t��l�_����r��igw�� xp�t;.�:w�i�mti wt �����_si�te�riirt��tl �c� ����� tic� �.t���t�sa��f�;Gal��! 1� i5il�l�__CC� �°����'t�a �,►!'ds� �c���l„ts� �g tr�tr�l .Ir��i,k recx I��: �,�ticl.�s,�°o��l����m�°<rE�.����_� �1i�;ly�a�l�..�a�,��f���� �i;�rl�^ 4c��� �fa� �salf��i�c?rt s}�' ��a,1id va�s�t� �n ch� rit�c��'�������aa ���ci �s �� �.rs�i��l ����C ������d ��_��7�=�t,t}�e �t�atc���""�'�.�c�s_��l�alt6� ��d .�,s����'� ��:���i� �c,����ir°i:o���a�i� ��C �P�� c.i��'.�x�r,tti s6�4r� Iltr., �atyl��� Va?��;°�I�,_I7��i�jNttt�� ii1 �e;lt��1� i� l�t� ���1� ,�N°v��,�: �a�°���i�l�� t��s��ttu�������1 ��d�tl_���a���� s:�,91��4ia)��. �,� �i,�t�...d���i�i�.r�l ��„r�, 4A��tt�i,� �Ly�y�.,r���ei_tit� ti����c��a� e�3�ti,�� �c� �,°�t�_t���v� t,��;_ts� r°�r���� ��icp.�+� l���y9� r�t� Ic�s���,i �.���a;�l�l,�.....c�i ���r i��s°�r�,i�r� 4ik, s�crwo�,�.s�c� I��a�akv�mt��ii,,i astt� �t���la��'i���`4�stc,nt��c��o���,�ti��Scr_�i�a�. R'�EI_��„r���ci��tiicl�,id���7_1cr�m��r�.�� �����r�,^�rtd�r�r�..�.��..l�t��_c_Ir��,a°{i r��l�r��t�es�t v�f7i�1�. Respectfully Submitted by, Reviewed by: �a ���� " �' �• ������ ry � .��� � - �� � � ��_ w ��. . Department Director Date ��It��i� �:'�, Brock Date Purchasing Manager This foem must be attached to a purchase requisition if the expenditure is under $50,000. This form rnust be attached to a completed Agenda Information Sheet if the expend'ature exceeds $50,000.