Ordinance No. 15,681 ORDINANCE NO. 15,681 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FIVE HUNDRED ELEVEN THOUSAND ONE
HUNDRED NINETEEN DOLLARS AND 75/100 ($511,119.75) TO CLEVELAND MACK
SALES, INC. DBA PERFORMANCE TRUCK, THROUGH THE PURCHASING
COOPERATIVE BUY BOARD PROGRAM, FOR THE PURCHASE OF THREE 2025
KENWORTH TRUCKS,ONE IS A DUMP TRUCK AND THE OTHER TWO ARE UTILITY
TRUCKS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City of Baytown is a member of the cooperative purchasing program established under
Sections 271.082 and 271.083 of the Texas Local Government Code; and
WHEREAS, the Texas Local Government Purchasing Cooperative's Buy Board Program is such a
program, allowing municipalities to purchase products and/or services in an efficient, cost effective, and
competitive procurement method; and
WHEREAS, the City of Baytown, in making a purchase under a state contract through such cooperative
purchasing program, satisfies state law requiring municipalities to seek competitive bids for the purchase of the
item; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section l: That the City Council of the City of Baytown hereby authorizes the payment in the
amount of FIVE HUNDRED ELEVEN THOUSAND ONE HUNDRED NINETEEN DOLLARS AND 75 100
($511,119.75) to Cleveland Mack Sales, Inc. dba Performance Truck through the Texas Local Government
Purchasing Cooperative (Buy Board), for the purchase of three 2025 Kenworth Trucks, a dump truck for the
Streets Department and two utility trucks for the Utility Transmission and Utility Construction Department.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated
§252.048, the City Manager is hereby granted general authority to approve any change order involving
a decrease or an increase in costs of FIFTY THOUSAND AND NO:'100 DOLLARS ($50,000.00) or
less, provided that the original contract price may not be increased by more than twenty-five percent
(25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to
such decrease.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown
this the I I1h day of January, 2024.
A, BRANDON CAPETILL , Mayor
IELAAFCK
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ONE City Clerk �l
R V O O
SCOTT LEMO , City Attorney
R:Vance HindslOrdinances\2024\2024.01.l 1\BuyBoardPurchase-Cleveland Mack Sales dba Performance Truck.docx
EXnibit "A"
PERFORMANCE TRUCK - BAYTOWN
1701 1-10 East,Baytown,Texas 77521
Phone:(713)353-7747
BUYER'S ORDER
Date Prepared 12-14-2023 Delivery Date:06-30-2024 Salesman: Kevin Ferguson Branch: Baytown
Purchaser: CITY OF BAYTOWN PUBLIC WORKS DEPARTMENT Telephone: 281420-5395 Fax: 281420-5322
Mailing Address. PO BOX 424 City:BAYTOWN State: TX Zip 77522 County:
Physical Address: 2123 MARKET ST City:BAYTOWN State: TX Zip: 77522 County:
Description: NEW 2025 KENWORTH T280 Straight Truck/ Email Address:david.oyler@baytown.org
Mileage- Color.L0006 White NOTE BUY BOARD CONTRACT#723-23
VIN: TO ORDER Comments: See attached vehicle summary, quote ID#QUO-994931-C9Q9Z3
Purchaser's Agent: David Oyler Title: SUPERINTENDENT License Type: Apportioned Account#2814205395
LICENSE-TITLE INFORMATION
Months: 12 Tractor: Truck: X Trailer: Body Type: OTHER Color:WHI Tons: GCW: 26000
Apportioned: X IMC# Combination: COMT Token Trailer Gas: Diesel:X
INSURANCE INFORMATION
AGENCY SELLING PRICE' 170.653.00
NAME, PHONE- BUY BOARD FEE 400.00
LIEN INFORMATION CASH PRICE W/ACCESS. 171,053.00
NAME: LIEN DATE: TRADE IN ALLOWANCE -
ADDRESS PHONE. NET CASH DIFFERENCE 171,053.00
CITY, STATE, ZIP- FEDERAL RETAIL EXCISE TAX -
COMMENTS• NET PRICE 171,053.00
AMOUNT NAME- STATE SALES TAX -
LICENSE MO.&FEE -
ADDITIONAL INFORMATION TITLE FEE(INCLUDES$5 TAG FEE) 5.00
This quote is for 2 units for ASAP build, FOB BAYTOWN COMMERCIAL INSPECTION FEE 40.00
Pricing is good through 1/30J2024 DEALER'S INVENTORY TAX 397.36
DOCUMENTARY FEE" 75.00
PRICING IS SUBJECT TO INCREASE OR INCUR SURCHARGES EXTENDED WARRANTY -
DUE TO GLOBAL SHORTAGES TO OEM WHICH IS OUT OF ANYONES SUBTOTAL 171,570.36
CONTROL BALANCE OWED ON TRADE -
SUBTOTAL 171,570.36
PREPAYMENT -
BALANCE DUE UPON DELIVERY 171,570.36
'PRICE IS SUBJECT TO INDUSTRY AND ENVIRONMENTAL
Any warranties on the products sold hereby are those made by the manufacturer The seller COST IMPACTS BEYOND THE CONTROL OF PERFORMANCE TRUCK
CLEVELAND MACK SALES INC.PERFORMANCE TRUCK OR PERFORMANCE TRAILER, "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE A DOCUMENTARY
hereby expressly disclaims all warranties either express or implied including any implied warranty FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO BUYERS
of merchantability or fitness for a particular purpose and CLEVELAND MACK SALES.INC i OR HANDLING DOCUMENTS RELATING TO THE SALE A DOCUMENTARY
PERFORMANCE TRUCK OR PERFORMANCE TRAILER neither assumes nor authorizes FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY THE
any other person to assume for it any liability in connection with the sale of said products PARTIES THIS NOTICE IS REQUIRED BY LAW
�� Vehk)e(s)are sub/e t to prior TIN- "ZZ,
nill be held than five working days.
PURCHASER SV 4 V C `/ _ , ; � ISORDER NOT BINDING UNTIL ACCEPTED BY DEALER.
SALESPERSON ACCE.PTED BY_.
Exhibit "B"
PERFORMANCE TRUCK - BAYTOWN
1701 1-10 East,Baytown,Texas 77521
Phone:(713)353-7747
BUYER'S ORDER
Date Prepared: 11-21-2023 Delivery Date:07-15-2024 Salesman:Kevin Ferguson Branch: Baytown
Purchaser: CITY OF BAYTOWN PUBLIC WORKS DEPARTMENT Telephone: 281-420-5395 Fax: 281-420-5322
Mailing Address: PO BOX 424 City:BAYTOWN State: TX Zip:77522 County:
Physical Address: 2123 MARKET ST City: BAYTOWN State: TX Zip:77522 County:
Description: NEW 2025 KENWORTH T480 Dump/ Email Address:david.oyler@baytown.org
Mileage: Color:L0006 White NOTE: BUY BOARD CONTRAXT#601-19
VIN: TO ORDER Comments: See attached vehicle summary,quote ID#QUO-997979-D6P6F1
Purchaser's Agent:David Oyler Title: SUPERINTENDENT License Type: Apportioned Account#2814205395
LICENSE-TITLE INFORMATION
Months: 12 Tractor: Truck: X Trailer: Body Type: DUMP Color:WHI Tons: GCW: 54900
Apportioned: X IMC# Combination: COMT Token Trailer: Gas: Diesel:X
INSURANCE INFORMATION
AGENCY. SELLING PRICE' 167.070.00
NAME, PHONE: BUY BOARD FEE 400.00
LIEN INFORMATION CASH PRICE W/ACCESS. 167,470.00
NAME: LIEN DATE: TRADE IN ALLOWANCE
ADDRESS: PHONE: NET CASH DIFFERENCE 167,470.00
CITY, STATE,ZIP: FEDERAL RETAIL EXCISE TAX -
COMMENTS: NET PRICE 167,470.00
AMOUNT: NAME: STATE SALES TAX
LICENSE MO.8 FEE
ADDITIONAL INFORMATION TITLE FEE(INCLUDES$5 TAG FEE) 5.00
This quote is for 1 units for ASAP build,FOB BAYTOWN COMMERCIAL INSPECTION FEE 40.00
DEALER'S INVENTORY TAX 389.03
DOCUMENTARY FEE" 75.00
EXTENDED WARRANTY -
SUBTOTAL 167,979.03
BALANCE OWED ON TRADE -
SUBTOTAL 167.979.03
PREPAYMENT -
BALANCE DUE UPON DELIVERY 167.979.03
•PRICE IS SUBJECT TO INDUSTRY AND ENVIRONMENTAL
Any warranties on the products sold hereby are those made by the manufacturer. The seller, COST IMPACTS BEYOND THE CONTROL OF PERFORMANCE TRUCK
CLEVELAND MACK SALES.INC.PERFORMANCE TRUCK OR PERFORMANCE TRAILER. **A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY
hereby expressly disclaims all warranties.either express or implied.including any implied warranty FEE IS NOT REQUIRED BY LAW,BUT MAY BE CHARGED TO BUYERS
of merchantability or fitness for a particular purpose,and CLEVELAND MACK SALES.INC. FOR HANDLING DOCUMENTS RELATING TO THE SALE A DOCUMENTARY
PERFORMANCE TRUCK OR PERFORMANCE TRAILER neither assumes nor authorizes FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY THE
any other person to assume for it any liability in connection with the sale of said products. PARTIES. THIS NOTICE IS REQUIRED BY LAW.
Vehicle(s)are subject to prior sale and will not be held more than live working days.
PURCHASER THIS ORDER NOT BINDING UNTIL ACCEPTED BY DEALER.
SALESPERSON ACCEPTED BY