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Ordinance No. 15,933 ORDINANCE NO. 15,933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH PVS DX, INC. FORMERLY KNOWN AS DXI INDUSTRIES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY- NINE THOUSAND FOUR HUNDRED NINETY-SEVEN AND 50/100 DOLLARS ($239,497.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, DXI Industries, Inc., was awarded the Annual Sulfur Dioxide Contract, on June 23, 2022, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one-year periods; and WHEREAS,the Annual Sulfur Dioxide Contract was renewed by the parties for the first annual renewal on July 27,2023;and WHEREAS,DXI Industries,Inc. changed its name to PVS DX,Inc. effective January 1,2024; and WHEREAS,PVS DX,INC.f/k/a DXI Industries,Inc.,has indicated its willingness to renew the contract for an additional year under the same terms and conditions with a 4.9%CPI increase;and WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown hereby renews the contract of PVS DX, Inc. f/k/a DXI Industries, Inc., for the Annual Sulfur Dioxide Contract in an amount not to exceed TWO HUNDRED THIRTY-NINE THOUSAND FOUR HUNDRED NINETY-SEVEN AND 50/100 DOLLARS ($239,497.50), and authorizes payment thereof. 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 26th day of September,2024. RANDON CAPE ILLO, yor ST: eeeee • *94 I ItA GELA J KSO City rk Z er o APPROVED AS O FO .'� •`'°••••• °U�'�`,=` SCOTT LE O ,City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2024-09-26\Renew Annual Sulfur Dioxide Contract with PVS DX,Inc.&a DXI lndustries.docx 2