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Ordinance No. 13,131ORDINANCE NO. 13,131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF EIGHTY -SIX THOUSAND NINE HUNDRED TWENTY -FOUR AND NOI100 DOLLARS ($86,924.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ********************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, DXI Industries, Inc., was awarded the Annual Sulfur Dioxide Contract on April 9, 2015, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one -year periods; and WHEREAS, such contract may be renewed for an additional one -year term; and WHEREAS, DXI Industries, Inc., has indicated its willingness to renew the contract for an additional year under the same terms and conditions with no Consumer Price Index 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 Annual Sulfur Dioxide Contract with DXI Industries, Inc., for the sum of EIGHTY -SIX THOUSAND NINE HUNDRED TWENTY -FOUR AND NO/ 100 DOLLARS ($86,924.00), 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 NO11100 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 %) without the consent of the contractor to such decrease. Section 3: This ordinance shall take effect immediately from and its passage by the City Council of the City of Baytown. / INTRODUCED, READ and PASSED by the affirmative vote q�t)�e City Council of the City of Baytown this the 11 th day of February, 2016. H. DONCARLOS, Mayor ATiTUST: BRYSCH, CityTlerk i �Y70yy,1, APPROVED AS TO FORM: tP1% OF ACIO RAMIREZ, SR., City torney RA Karen\Fi1es ',City Counc&0rdinances\201 nary I I \RenewAnnualSulfurDioxideContract.doc