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Ordinance No. 12,974ORDINANCE NO. 12, 974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO 1100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc., were awarded the Annual Cleanup and Mowing Contract on July 24, 2008, pursuant to the provisions of Chapter 252 of the Texas Local Government Code; and WHEREAS, such contract included an option by the parties to renew for additional one -year periods; and WHEREAS, such contract was renewed on June 25, 2009, June 22, 2010, July 14, 2011, July 12, 2012, July 25, 2013, and August 14, 2014, and can be renewed for an additional one -year term; and WHEREAS, McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc., have indicated their willingness to renew the contract for an additional year under the same terms and conditions; 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 Annual Cleanup and Mowing Contract with McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc., for an amount not to exceed ONE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($150,000.00) 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, subject to the provision 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°,•'0) without the consent of the contractor to such decrease. Section 3: This ordinance shall take effect immediately fr and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative to �f the City Council of the City of Baytown this the I Oh day of September, 2015. L e S ATT ETICIA BRYSCH, City ClfW APPROVED AS TO FORM: H. DONCARLOS, Mayor a'( o r %� G •. NACIO RAMIREZ, SR., i Attorney yyyy+++ R:`Karen Files'City CouncffOrdinances`2 15\ September IG1RenewAnnualCleanup &MowingContract.docx