HomeMy WebLinkAboutMinutes - City Council - Regular - 3/19/2007CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
MARCH 19, 2007
8:00 A. M.
The City Council of the City of Lubbock, Texas met in special session on the 19th day
of March, 2007, in the City Council Chambers, first floor, City Hall, 1625 13th Street,
Lubbock, Texas at 8:00 A. M.
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8:00 A.M. CITY COUNCIL CONVENED
City Council Chambers,1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council
Mem6er Gary O. Boren, Council Member Linda DeLeon, Council
Member Phyllis Jones, Council Member John Leonard, Council
Member Floyd Price
Absent: No one
1. EXECUTIVE SESSION
Mayor Miller stated: "City Council will hold an Executive Session today for the
purpose of consulting with the City Staff with respect to pending or contempla�ted
litigation as provided by Subchapter p of Chapter 551 of the Government Code,
the Open Meetings Law."
8:01 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
1.1. Hold an execudve session in accordance with V.T.C.A. Government Code,
Section 551.071, to discuss pending or contemplated lirigation or settlement
� agreement, and hold a consultation with attorney (Solid Waste,
Stormwater).
10:01 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Phyllis Jones; Council Member John Leonard; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor Miller reconvened the meeting at 10:01 a.m.
2. REGULAR AGENDA
Note: Regular Agenda items are listed in the order they were addressed (2.2, 2.1).
2.2. Contract Resolution - Fleet Services: Resolution No. 2007-R0098
authorizing the Mayor to execute a purchase agreement for 55 marked
police patrol sedans, BID 07-025-MA.
RESOLUTION NO. 2007-R0098
� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Purchase Order Contract and any associated documents with Gene Messer Ford
of Lubbock, Texas, for purchase of police sedans per ITB #07-025-MA, which Purchase
Order Contract and any associated documents are attached hereto as Exhibit A and made a
part hereof for all intents and purposes.
Passed by the City Council this 19th day of March, 2007.
Special City Council Meeting
March 19, 2007
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Mark Yearwood
Mark Yearwood
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
This bid is for the purchase of 55 police patrol sedans with manufacturer's
extended warranty coverage for five years and 70,000 miles with a zero
deductible. These vehicles are authorized in the FY 2006-07 Master Lease.
McKinney Dodge of McKinney, Texas submitted the two lowest bids, which
includes a Dodge Charger LXDH48 Police Pursuit sedan. The lowest bid of
$20,407 per vehicle includes a V-6 3.5 liter engine, which is an exception to
City specifications and does not meet the City's requirement. The second
lowest bid of $21,325 per vehicle includes a 5.71iter Hemi engine that exceeds
the City's requirement.
Pursuant to Texas Local Government Code 252.043, Award of Contract:
(a) If the competitive sealed bidding requirement applies to the �contract for
goods or services, the contract must be awarded to the lowest responsible
bidder or to the bidder who provides goods or services at the best value
for the municipality.
(b) In determining the best value for the municipality, the municipality may
consider:
(1) the purchase price;
(2) the reputation of the bidder and of the bidder's goods or services;
(3) the quality of the bidder's goods or services;
(4) the extent to which the goods or services meet the municipality's
needs;
(5) the bidder's past relationship with the municipality;
(6) the impact on the ability of the municipality to comply with laws
and rules relating to contracting with historically underutilized
businesses and nonprofit organizations employing persons with
disabilities;
(7) the total long-term cost to the municipality to acquire the bidder's
goods or services; and
(8) any relevant criteria specifically listed in the request for bids or
proposals.
(c) Before awarding a contract under this section, a municipality must
indicate in the bid specifications and requirements that the contract may
be awarded either to the lowest responsible bidder or to the bidder who
provides goods or services at the best value for the municipality.
The bids for the Dodge Chaxger LXDH48 Police Pursuit sedan do not provide
the best value to the City because this vehicle does not fit the City's needs and
does not provide the lowest long term cost to the City. The Dodge Charger
LXDH48 Police Pursuit sedan is not suitable for use as a regular police patrol
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Special City Council Meeting
March 19, 2007
unit for the City of Lubbock Police Department. The interior space of this
vehicle is similar to the Chevrolet Impala with low driver visibility and limited
prisoner space. In addition, this vehicle will require an additional expenditure of
approximately $111,760 to purchase prisoner shields and light bars for the
majority of the new patrol sedans. The Police Department plans to reuse current
equipment to keep the purchase within the approved FY 2006-07 Master Lease
budget. The current equipment will not fit in the Dodge Charger LXDH48
Police Pursuit sedan.
� Carlsbad Auto Company dba/Pollard Friendly Ford of Lubbock, Texas
� submitted the third lowest bid of $21,806 per vehicle for a Ford Crown Victoria
P71 Police Interceptor sedan. The warranty included in the bid does not meet
specifications because it does not include the following coverage:
Transmission - Kickdown Linkage, Release Hubs and Bearings, Transmission
Linkage
Front Suspension - Load Leveler Suspension System, Springs, Tie Rods
Electrical - Charge and Volt Gauges, Clock (Electric), Distributor Housing and
Shaft, Ignition Coil, Ignition Lock, Ignition Module (Electric), Mirrors
(Elech-ical Only — Not Glass Damage or Breakage), Temperature Gauge
Air Conditioning and Heating - Heater Control Cables, Instrument Panel
Registers and Air Ducts
High-Tech - Anti-theft Alarm (Factory-Installed), Fuel Mixer (Alternative), In-
Dash Navigation System (Factory Installed), Instrument Cluster (Clock, Audio
and Visual Equipment), Sensor (Alcohol), Windshield, Insta-Clear (Electric
Only-Not Glass Damage or Breakage)
Emissions - All items
Ford Audio - All items
Safety - All items
Planet Ford 6 of Houston, Texas submitted the fourth lowest bid of $23,027 per
vehicle for a Ford Crown Victoria Police Interceptor sedan meeting the City's
specifications.
Gene Messer Ford of Lubbock, Texas submitted the fifth lowest bid of $23,380
per vehicle and Philpott Motors, Ltd of Nederland, Texas submitted the sixth
lowest bid of $23,635. Each of these two bids included a Ford Crown Victoria
Police Interceptor sedan meeting the City's specifications.
Pursuant to Texas Local Government Code 271.905(b), in purchasing under
this title any real property, personal property that is not affixed to real property,
or services, if a municipality receives one or more competitive sealed bids from
a bidder whose principal place of business is in the municipality and whose bid
is within 5% of the lowest bid price received by the municipality from a bidder
who is not a resident of the municipality, the municipality may enter into a
contract with: (1)the lowest bidder; or (2)the bidder whose principal place of
business is in the municipality if the governing body of the municipality
determines, in writing, that the local bidder offers the municipality the best
combination of contract price and additional economic development
opportunities for the municipality created by the contract award, including the
employment of residents of the municipality and increased tax revenues to the
municipality.
This section does not prohibit a municipality from rejecting all bids and does
not apply to the purchase of telecommunications services or information
services, as those terms are defined by 47 U.S.C. Section 153.
In order to receive consideration of the location of the bidder's principal place
of business for bid award, bidders are required to submit an Affidavit of
Eligibility. The $23,380 bid from Gene Messer Ford of Lubbock, Texas is
within 5% ($353 or 1.5%) of the low bid from a non-resident bidder and Gene
Messer Ford included an Affidavit of Eligibility (provided in backup).
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Special City Council Meeting
March 19, 2007
FISCAL IMPACT
On January 25, 2007, City Council approved the purchase of 55 marked police
vehicles as part of the FY 2006-07 Master Lease Program. The purchase price
will be $1,285,900, with the annual payment of $290,000 being made from the
General Fund.
Staff recommends bid award to Planet Ford 6 of Houston, Texas as the lowest
bidder providing the best value for the City of Lubbock. It is staffls opinion that
Gene Messer Ford of Lubbock, Texas meets the statutory requirement for
consideration of location of a bidder's principal place of business and is within
5% of the bid from Plant Ford 6.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2007-R0098 as recommended by staff.
Mayor Pro Tem Gilbreath offered a friendly amendment "to award the bid to
Gene Messer Ford of Lubbock, due to the fact that the bid offers the City of
Lubbock the best combination of contract price and additional economic
development opportunities for the local government, created by the contract
award, including the employment residence in Lubbock, and increased tax
revenues to the city of Lubbock." The amendment was accepted by Council
Members DeLeon and Price, who made the motion and second.
Claude Jones, Police Chief, gave comments and answered questions from
Council.
Council Member Price stated, for the record, he wanted to go with the local
vendor because the other vendor is located in Houston, Texas, and Gene Messer
Ford of Lubbock is local, there would be better communication, on-site
maintenance, would have access to the automobiles, and it would save the City
a lot of money.
Lee Ann Dumbauld, City Manager, and Jeff Yates, Chief Financial Officer,
gave comments and answered questions from Council.
Vote was then taken on the amended motion, which carried: 7 Ayes, 0 Nays.
2.1. Settlement Agreement Resolution - Solid Waste: Consider a resoluNon
authorizing the Mayor to sign a settlement agreement with Terry
Ellerbrook in cause number 2006-534715 and/or tendering the City's
deducti6le under its policy of insurance to its carrier, St. PauUTraveler's
Companies, Inc., for purpose of resolution of said case.
Consider a resolution authorizing the Mayor to sign a settlement agreement
with Terry Ellerbrook in cause number 2006-534715 and/or tendering the City's
deductible under its policy of insurance to its carrier, St. Paul/Traveler's
Companies, Inc., for purpose of resolution of said case
FISCAL IMPACT
Included in the settlement agreement.
Motion was made by Council Member Boren, seconded by Council Member
Leonard to pass this item.
Motion was then made by Council Member Jones, seconded by Council
Member Price to continue this item until depositions from Council members are
taken.
Bob Craig, Attorney for the City of Lubbock, gave comments and answered
questions from Council.
I
Vote was then taken on the motion to continue. Motion carried: 4 Ayes, 3 J
Nays. Mayor Pro Tem Gilbreath and Council Members Boren and Leonard
voted Nay.
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Special City Council Meeting
March 19, 2007
10:18 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this �%
ATTEST:
Reb ca Garza, City Secretary
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ayor Pro Tem Gilbreath
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