HomeMy WebLinkAboutPR 23152: VACTOR TRUCK RENTAL FOR 5 MONTHS ( rh, ,,t
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INTEROFFICE MEMORANDUM
Date: May 10, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 23152—Vactor Truck Rental for five (5) months
Introduction:
The sanitary sewer system in Port Arthur is in need of cleaning to prevent overflow, stoppage
and ensure a good flow to the wastewater treatment plants. The Water Utilities Department needs
to rent an extra vactor truck to clean lift stations and sanitary sewer mains throughout the City
while maintaining the current"call schedule". Kinloch Equipment and Supply, Inc. of Pasadena,
Texas provided a Buyboard, Contract No. 676-22,quote of$13,500.00 a month,for a total rental
cost of$67,500 for five (5) months. Funding is available in Account No. 410-40-220-5401-00-
00-000, Rent.
Background:
The sanitary sewer system in Port Arthur is in need of cleaning to ensure a good flow to the
wastewater treatment plants. The Water Utilities Department wishes to rent a vactor truck to
clean lift stations and sanitary sewer mains throughout the City while maintaining the current
"call schedule".
Budget Impact:
Kinloch Equipment and Supply, Inc. of Pasadena, Texas provided a Buyboard, Contract No.
676-22, quote of $13,500.00 a month, for a total rental cost of $67,500 for five (5) months.
Funding is available in Account No. 410-40-220-5401-00-00-000, Rent.
Recommendation:
It is recommended that City Council approve PR 23152, authorizing the City Manager to rent a
vactor truck as described/outlined above.
"Remember, we are here to serve the Citizens of Port Arthur"
PR No. 23152
5/10/2023 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH KINLOCH EQUIPMENT &
SUPPLY, INC. OF PASADENA, TEXAS THROUGH BUYBOARD
CONTRACT NO. 676-22 FOR THE RENTAL OF A VACTOR
TRUCK FOR LIFT STATION AND SANITARY SEWER MAIN
CLEANING WITH A TOTAL PROJECTED BUDGETARY
IMPACT OF $67,500.00; FUNDING IS AVAILABLE IN ACCOUNT
NO. 410-40-220-5401-00-00-000,RENT.
WHEREAS, the sanitary sewer system in Port Arthur is in need of cleaning to prevent
overflow, stoppage and ensure a good flow to the wastewater treatment plants; and,
WHEREAS, the Water Utilities Department is requesting to rent a vactor truck to clean
lift stations and sanitary sewer mains throughout the City while maintaining the current "call
schedule"; and,
WHEREAS, Chapter 271 of the Texas Government Code allows a city, by resolution of
its governing body, to participate in cooperative purchasing programs, such as Texas BuyBoard,
as an alternative to formal bid process; and,
WHEREAS, pursuant to Resolution No. 02-341, the City of Port Arthur entered into an
interlocal agreement for cooperative purchasing with the BuyBoard Cooperative Purchasing
Program("BuyBoard"); and,
WHEREAS, Kinloch Equipment and Supply, Inc. of Pasadena, Texas provided a
BuyBoard,Contract No. 676-22,quote(Exhibit"A")of$13,500.00 a month, for a total rental cost
of$67,500 for five (5) months; and,
WHEREAS, funding in Water Utilities Account No. 410-40-220-5401-00-00-000, Rent.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, the facts and opinions of the preamble are true and correct; and,
PR No. 23152
5/10/2023 bw
Page 2 of 3
THAT, the City Manager is hereby authorized to execute a contract through BuyBoard
Contract No. 676-22 for the rental of a vactor truck from Kinloch Equipment and Supply, Inc. of
Pasadena, Texas with a projected budgetary impact of$67,500.00 for a five-month period; and,
THAT, a copy of the caption of the Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2023 at
a meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
•
Val Tizeno Ronald Burton
City Attorney City Manager
yin Matt ews, P.E.
Water Utilities Director
PR No. 23152
5/10/2023 bw
Page 3 of 3
APPROVED AS TO AVAILABILITY OF
FUNDS:
(1)
V. "- 164Y\ -t
Kandy Daniel Cli on Williams, CPPB
Finance Director Purchasing Manager
EXHIBIT "A"
I Kinloch Kinloch Equipment & Supply, Inc.
3320 Pasadena Blvd. Page: 1
r 4 Equipment & Supply, Inc. Pasadena, TX 77503
Ph:(713)473-6213
Fax:(713)473-7858
www.kinlochequip.corn
RENTALCONTRACT 5/05/23 13 : 42
Reservation: P 000363 Date: 05/05/23 Active: Yes
Customer : PORT00 Phone Day : (409) 365-0147
CITY OF PORT ARTHUR
P . 0. BOX 1089
PORT ARTHUR, TX 776411089
Notes : ***CITY OF PORT ARTHUR AGREES TO A MINIMUM OF FIVE
MONTH RENTAL WHICH WOULD END ON 11/16/23
Sold By : 14 MICHAEL RITCHIE Damage Waiver: No
P .O. # : VACTOR RENTAL
Unit : VA0108 VACTOR Make : VACTOR Serial : 23-05V-21752
On Rent : 06/01/23 13: 35
Period : M Quantity: 1 .00 Rate : 13, 500 . 00
Line Total : 13, 500 . 00 *
Rates : Day 1 . 00 Week 4, 500 . 00
Mo/4Wks 13, 500.00
Total of Rental lines : 13, 500 .00 *
Tax:
BUYBOARD CONTRACT# 676-22
Total : 13, 500 .00 *
Customer is responsible for wear items, unit maintenance.and damages due to operator error r accident r neglect.
Customer also understands the equipment must be returned free of debris and the body must be cleaned. Excessive cleaning required to the
inside and/or outside of the unit upon return will be invoiced to the renter. Where applicable.the fuel tank is full upon receipt and must be
filled before returning. Customer agrees to all terms and conditions.
Signature: Print:
Date:
Return
Miles: Hrs:
Signature: Date:
"'By signing,customer agrees to pay for any damages or repairs by misuse during the time unit is in their possession.
Kinloch Equipment has 48hrs to complete inspection to determine if there are any repairs needed that are the direct result of customers abuse or misuse.
TERMS AND CONDITIONS
I. The property leased by this Lease(herein"property"),the amount of the rental payments and the initial term of the lease are described in the"Rental Contract",attached
made a part hereof.If a Security Deposit is required as security for the prompt and full payment of the rent and the complete and timely performance of all provisions of
the lease,those terms are also shown on"Rental Contract".
2. Lessee is entitled to the use,operation,possession and control of the leased property during the Lease term,provided Lessee is not in default of any provision of the
Lease.Lessee shall employ and have absolute control,supervision and responsibility for the operators and users of the property.
3. Lessee must use the leased property in a careful and proper manner,and never for more than 10 hours per day;50 hours per week or 220 hours per month.Lessee agrees
that the lease property will be used in accordance with any applicable manufacturer's manuals or instructions.Lessee agrees to reimburse Lessor in full for all damage
to the property arising from any misuse or negligent act by Lessee,its employees,or its agents.
4. Lessee shall not permit any leased property to be operated or used in violation of any applicable federal,state or local statute,ordinance.rules or regulation relation to the
possession,use of maintenance of the property.Lessee will indemnify and hold Lessor harmless from all liabilities,fines,or penalties for any violations described herein.
5. Lessee shall,at Lessee's expense,maintain the property in good mechanical condition and running order,excepting reasonable wear and tear resulting from the ordinary
use of the property.Lessee shall provide all parts,at Lessee's expense,required to keep the leased property in good repair.Lessor has no obligation to provide service.
repairs or parts for the property.
6. Any additions or replacement of parts during the lease term shall become part of the leased property and are thus owned by the Lessor.
7. Lessor is responsible for its own income taxes and franchise taxes.All other taxes based on this lease are the responsibility of Lessee,including sales tax,use tax and
personal property tax.If any taxing authority requires Lessor to directly pay any tax which is the responsibility of Lessee.Lessee agrees to reimburse Lessor for such tax
when the next rent installment is due.
8. Lessee shall return the property to the Lessor at the end of the lease term full of fuel and cleaned inside and out or appropriate fuel and cleaning charges will be charged
to the lease.
9. Lessee assumes all risk and liability for the loss of or damage to the leased property,for the death of or injury to any person or property of another.and for all other risks
and liabilities arising from the use.operation,possession or storage of the property.Nothing in this Lease authorizes Lessee or any other person to operate the leased
property so as to impose any liability or other obligation on Lessor.
10. Lessee agrees to indemnify and hold harmless Lessor,its agents and employees from all claims,loss or damage Lessor may sustain because of:
(a) Loss of or damage to the leased property by any cause.
(b) Injury to.or death of,any person,including but not limited to agents of employees of Lessee.
11. Damage to any property arising from the use,possession,delivery,return,or operation of the leased propertyLessee agrees to maintain insurance against loss,theft,
damage or destruction of the leased property.This insurance is at the Lessee's sole cost but must name Lessor as insured,additional insured or loss payee.This insurance
must be in an amount no less that the Stipulated Loss Value shown on the"Rental Contract".If the property becomes lost,stolen,destroyed or damaged.I essee shall p
notify Lessor and file all necessary accident reports,including those required by interested insurance companies.Lessee shall promptly promptly deliver to Lessor all
papers,notices and documents delivered to Lessee in connection with any claim concerning the leased property.
12. Lessee agrees to maintain insurance against loss,theft,damage or destruction of the leased property.This insurance is at the Lessee§sole cost but must name Lessor as
insured,additional insured or loss payee.This insurance must be in an amount no less that the Stipulated Loss Value shown on line 25 of agreement.
13. Lessee agrees to carry public liability and property damage insurance.issued by companies satisfactory to Lessor,insuring the interests of Lessor.Lessee and their
authorized agents and employees against all claims that may arise during the I ease term that are in any way connected with the ownership,possession,operation or use of
the leased property.This insurance will be at the Lessee§sole cost but must name Lessor as an insured or additional insured.The insurance must be in an amount not less
than:
$500,000 Per person
$1,000,000 Per accident
$500,000 Property damage
14. Lessee is responsible for any workerscompensation insurance that may be required under state law.
15. Lessee agrees to furnish to Lessor,no later than five days prior to the date on which the property is delivered to Lessee,a certificate evidencing the insurance required
under Articles 13 and 14,including a provision that the insurer will not cancel or materially modify the insurance except after 30 days advance notice to Lessor.
16. Any failure on the part of the Lessee to procure,maintain or renew the re quired insurance is a default.Lessee agrees to indemnify and hold harmless Lessor,its agents and
employees,from any loss,liability or expense caused by Lessee failure to comply with either the terms of the insurance policy or with the terms and provisions of articles
13 through 16.
17. Lessee may not assign this Lease or any property described in it.Lessee may assign the rights and benefits of this Lease but only with Lessor§prior written consent.
18. Lessor may declare Lessee in default by giving written notice on the occurrence of any of the following events:
(a) Failure by Lessee to make rental payments or perform any of its obligations under this I rase.
(b) Expiration or cancellation of any insurance policy required by this Lease.
(c) Lessee§assignment or involuntary transfer of any interest in this lease not authorized by Article 18 above.
(d) Institution by or against Lessee of any proceedings in bankruptcy or insolvency,or the appointment of a receiver or trustee for the goods and chattels of the Lessee.
19. If the Lessee defaults and remains uncorrected for five days following notice of default from Lessor to Lessee,Lessor may exercise any one or more of the following
remedies:
(a) Termination of the I ease and Lessee§rights hereunder.
(b) A declaration that all due but unpaid rent and all other charges under this Lease are due and payable immediately,along with interest at the rate of 1.5%per month
from the date of notification of the default to date of payment.
(c) Repossession of the property without legal process,free of all rights of the Lessee in the property.By this provision,Lessee expressly authorizes Lessor§agent to
enter any premises owned or controlled by Lessee for the purpose of repossessing the property.Lessee specifically waives any right Lessee might have arising out of
the entry and repossession and releases Lessor from any claim of trespass or damage.Lessor and Lessee further agree that Lessor shall have the remedy described in
this article 20(c)in the event Lessee fails to return the property when the lease terminates.
20. If Lessee defaults,Lessee shall reimburse Lessor for all reasonable expenses incurred by Lessor in exercising the remedies outlined in Article 20.
21. On the expiration of the lease term,or earlier termination,Lessee shall return the property to Lessor in good repair and working order by:
(a) Delivering the property at Lessee§cost and expense to a place specified by Lessor in the city of county to which it was delivered to Lessee,or
(b) Loading the property,at Lessee§cost and expense,on board a carrier Lessor designates and shipping the property to the destination designated by Lessor.
22. All notices required to be given under this Lease must be in writing and either personally delivered or deposited in the United States mail,first class postage prepaid,
addressed to the party at the address given above.Either party may change it address by giving notice in this manner.
23. This Lease may not be amended or modified in any way without the written agreement of both parties.This Lease constitute the entire
agreement between the parties.
24. This Lease has been executed and delivered in the State of Texas and shall be interpreted under and construed in accordance with Texas Law.Venue for any dispute
hereunder shall be in Harris County,Texas.
25. The amount specified in this paragraph must be paid pursuant to Article 11 of the Lease for any property which is lost,stolen,destroyed or
damaged beyond repaired.
The Stipulated Loss Value for this property is$ 556,028.00
Executed this day of , 20
JEFF JACKSON
LESSOR-Kinloch Equipment&Supply,Inc. LESSEE(Authorized Party)