2003-171-RES ESTABLISH COMPREHENSIVE POLICY FOR PERFORMANCE OF WORK PURSUANT TO SECTION 252.0225 OF TX LOCAL GOVERNMENT CODE

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C. Emergency procurement. Emergency procurement shall mean a procurement of work, as that term is defined herein, on behalf of the City of Paris, the performance of which is required because of a public calamity that requires the immediate appropriation of money to relieve the necessity of City residents, to preserve the property of the City, to preserve or protect the public health or safety of City residents, or made necessary because of unforseen damage to public machinery, equipment, or other property, or any other similar circumstance which subjects City residents, City property, or the property of others to the immediate or potential risk of damage, and the alleviation of said risk can only be accomplished by the immediate procurement of contracted materials and services in the performance of the work necessary to alleviate said risk. D. Work. Work as used in this policy shall mean the utilization of materials, equipment, and labor and the expenditure of public funds for such materials, equipment, and labor in the performance of public improvement projects, as such projects are generally described in Chapter 252 of the Local Government Code and Section 75 of the City Charter. Such work to include but not be limited to construction of sewer and water utility lines; manholes; drainage and drainage-way improvements, including pipes, culverts and other appurtenances; demolition or removal of encroachments on easements necessary for the installation of utilities and utility lines; and repairs to existing City utility facilities, including water and sewer treatment plants, lift stations, and other similar facilitIes. Work as used in this policy shall not include the cost of acquiring easements, rights-of-way, or other property interests. E. Work by the day. Work by the day under this policy shall mean work performed by contractors on behalf of the City and paid for by the City by the day as such work progresses, such that said work is contracted by the day and completed when the other party has worked for the day and the City has paid for such work. Additional work may be contracted for and paid, again on a daily basis, as needed, as the work progresses, provided such work is authorized under this policy . Work contracted with the understanding, whether explicit or implied, that the City is obligated to pay for and the contractor is obligated to perform additional work beyond a day's duration, even if paid for by the day, shall not be considered work by the day and shall not be authorized under this policy. Generally, a contract that obligates the City to pay for all future work, or for a party to provide day labor beyond a day's duration to do the future work on a project, is not a contract for work performed and paid by the day, notwithstanding thatpayment for the work performed is on a daily basis.