Ordinance No. 13,505ORDINANCE NO. 13,505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT
TO THE CONTRACT FOR SERVICES WITH SDM FINANCIAL, INC.;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute a First Amendment to the Contract for Services with SDM Financial, Inc. A copy of
said amendment is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment in the amount
not to exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) in accordance with the
amendment authorized in Section 1 hereinabove.
Section 3: 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 N0/100 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%) without the consent of the contractor
to such decrease.
Section 4: This ordinance shall take effect immediately fromif after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote qf` tht ity Council of the City of
Baytown this the 13'' day of July, 2017. .*1
ATTEST:
TICIA BRYSCH, Ci Clerk
APPROVED AS TO FORM:
a
NACIO RAMIREZ, SR., Ci torney
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Exhibit "A"
FIRST AMENDMENT
TO THE
CONTRACT FOR SERVICES
This First Amendment ("First Amendment") to the Contract for Services ("this
Contract") is made on '2017, by and between the City of Baytown, Texas
("City"), and SDM Financial, Inc. ("Consultant"), collectively referred to herein as "Parties," on
the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City and the Consultant entered into the Contract on or about July 26,
2017, for certain financial planning, review and analysis work related to the planning, financing,
development, construction and operation of a Hotel and Conference Center located in the City of
Baytown, Texas ("Project");
WHEREAS, the City and the Consultant desire to amend the Contract to add additional
funds so that the Consultant may maintain continuity of service through the master development
agreement phase of the Project;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the Parties hereto do hereby mutually agree as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the Contract.
2. Amendment. Article 3 "Compensation," Subsection A of the Contract is hereby amended
to read as follows:
3. COMPENSATION:
A. During the Term, the Consultant shall be compensated as follows:
1) A rate of $295 per hour for the first 30 hours of work per month;
2) A rate of $250 per hour for every hour of work over 30 hours per
month;
3) Reimbursable travel expenses to and within Baytown in
performance of this Contract will require the advanced written
approval of the City Manager as well as originals of supporting
documentation and receipts for reimbursements. Travel expenses
are expressly limited to the following:
I. Airfare to Houston at an amount not to exceed $500 round-
trip;
II. Hotel stay (including taxes and fees) in Baytown at an
amount not to exceed a daily rate of $130;
III. Rental car costs while in Baytown at an amount not to
exceed a daily rate of $80;
First Amendment, Page 1
IV. Gas reimbursement for travel made to, from, or while in
Baytown; and
V. Meal costs while traveling to, and working in, Baytown at
an amount not to exceed $50 per day.
4) In no event shall compensation and reimbursable expenses for this
Contract exceed $100,000;
Entire Agreement. The provisions of this First Amendment and the Contract should be
read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this First Amendment and the provisions of
the Contract, the provisions of this First Amendment shall control.
4. Interpretation. This First Amendment has been jointly negotiated by the parties
hereunder and shall not be construed against a party hereunder because that party may
have assumed primary responsibility for the drafting of this First Amendment.
5. Captions. Captions contained in the Contract and the First Amendment are for reference
only and, therefore, have no effect in construing the documents. The captions are not
restrictive of the subject matter of any section.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in
multiple copies, each of which shall be deemed to be an original, but all of which shall constitute
but one and the same amendment, this day of , 2017, the
date of execution by the City Manager.
CITY OF BAYTOWN
Lo
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
LM
IGNACIO RANIIREZ, SR., City Attorney
First Amendment, Page 2
RICHARD L. DAVIS, City Manager
SDM FINANCIAL, INC.,
a Texas Sub S Corporation
By:
Name: J TWYe- ✓
Title:1 , t/oC.t/�
STATE OF TEXAS §
COUNTY OF 19e4.,n §
Before me, A01 /r 01 V i %1 Z L-l+iy a , the undersigned notary public, on this day
personally appeared p, � . �,���-r, the j4 �1- of
SDM FINANCIAL, INC., on behalf of such corporation
known to me;
proved to me on the oath of ; or
proved to me through his/her current jG? 5 j24,;,r,!r t C_ , ceRs4 rxRires v5-21-1614
{description of identification card or other document issued by the federal government or any
state government that contains the photograph and signature of the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this
RAMORENO ZUNIGA
Notary ID 111 3 1 1 639 0 7
My Commission Expires
lune 8, 2021
7` day of J-1( 4 201k.
Notary Public in and for the State of Texas
My commission expires: 7 , A c $, .t 02-)
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First Amendment Page 3