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Ordinance No. 14,189ORDINANCE NO. 14,189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT TRANSPORT, LLC, F/K/A RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF TWO HUNDRED THIRTY-FIVE THOUSAND THREE HUNDRED SEVENTY-NINE AND 52.100 DOLLARS ($235,379.52); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************************** WHEREAS, Rustin Transportation Company, LP, was awarded the Annual Sludge Disposal Contract on September 14, 2006, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one-year periods; and WHEREAS, such contract was renewed on September 13, 2007, August 28, 2008, September 24, 2009, July 22, 2010, September 8, 2011, September 27, 2012, September 26, 2013, September 25, 2014, October 8, 2015, September 8, 2016, August 24, 2017, and September 27, 2018, and can be renewed for an additional one- year term; and WHEREAS, Sprint Transport, LLC, f/k/a Rustin Transportation Company, LP, has indicated its willingness to renew the contract for an additional year with a 7% price increase due to the cost of landfill price increases; 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 Sprint Transport, LLC, f/k/a Rustin Transportation Company, LP, for the Annual Sludge Disposal Contract for the sum of TWO HUNDRED THIRTY-FIVE THOUSAND THREE HUNDRED SEVENTY-NINE AND 52/100 DOLLARS ($235,379.52) 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 NOI100 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 (251 o) or decreased by more than twenty-five percent (250 o) 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 ity of Baytown this the 261h day of September, 2019. BRANDON CAPETILLO, May ATT X 3. j CIA BRYSCH, City rk }1r 5d T ra a - APPROVED AS TO FORM: a- :10 ALSO G ACIO RAMIREZ, S ty Attorney RAKarenTiles'Eity Counc&Ordin V 01 %September 26\RenewAnnualSludgeDisposalContract.doc Exhibit "A" AMENDMENT No. 1 TO SERVICES AGREEMENT This Amendment No. 1 to the Services Agreement (this "Amendment") is made as of the Is' day of September, 2019, by and between City of Baytown ("Partner") and The University of Texas M. D. Anderson Cancer Center ("MD Anderson'). WHEREAS, the parties entered into a Services Agreement dated April 1, 2018 (the "Agreement"); %krHEREAS, the parties wish to amend the terms of this Agreement to add to the Services and change the Lead Implementer/Coordinator; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreement contained herein, the parties hereby agree to amend the Agreement as follows: 1. The first sentence of Section 1.1 is hereby deleted in its entirety and replaced with the following: The Parties agree that Partner shall appoint Scott Johnson as the Lead Implementer Coordinator, who .shall act on behalf of and as an employee of Partner, to oversee the performance of the Services. 2. Section 2.1 is hereby deleted in its entirety and replaced with the following: 2.1 Subject to Partner's timely performance of the Services in accordance with the terms of this Agreement, and the timely achievement of milestones noted in Exhibits and A-1, .11D Anderson shall pay to Partner in an amount not to exceed three hundred seven/} -seven thousand five hundred fifty dollars (S377,550). Partner shall invoice MD Anderson in accordance with the instructions set_forth in Exhibit B-1 for Services performed and the fee schedule set. 3. The Services to be performed by Partner under the Agreement are hereby expanded to include the services set forth in Exhibit A-1,attached hereto. 4. Exhibit B is hereby deleted in its entirety and replaced with the attached Exhib it 13-1. 5. All other terms and conditions of the Agreement shall remain in full force and effect. [Signature page to follow] The parties have signed this Amendment as set forth below. City of Baytown City Manager By: _ Name: The University of Texas M. D. Anderson Cancer Center By: _ Name: Title: Title: Exhibit A-1. Additional Services Overview In addition to the Services set forth in Exhibit A, City of Baytown Parks and Recreation Department (PARD) will create a series of "Pop -Up Park" events to encourage residents to engage in free community fitness activities that they might otherwise not have access to due to limited transportation. "Pop -Up Park" event brings free fitness opportunities to underserved communities. Signature offerings will include POUND Fitness, dance fitness, yoga and other activities. All programming will be free to the community and aims to capture a wide audience. To encourage walkability the City of Baytown will be an instrumental partner with Harris County Public Health in the development of the county's plan for safe routes to schools/parks. Table 1. Objectives and Reporting Metrics, outlines objectives and evaluation metrics to measure the progress of the proposed plan. Table A-1.Objectives and Reporting Metrics Objective Evaluation Metrics & Milestones • Number of parks assessed By September 2019, PARD will develop criteria to identify • Number of parks confirmed for Pop -Up Park locations for the pop-up park events resulting in a list of 12 events potential locations for the Pop -Up Park Project. • Names of locations of parks confirmed for Pop -Up park events By October 2019, PARD will develop aPop-Up Park • Number of events scheduled schedule outlining the details of 8 park ex°ents. • Number of kid friendly activities • Number and ty pe of materials ordered By January 2019, PARD will begin promoting the Pop-l'p • Number of posts on social media Park Project on social media, update the webs ite, work with • Number of outreach opportunities attended to 2 external community partners resulting in community promote theevent(s) awareness of the events. . Number of community partners to promote the events • Number of events held • Estimated number of attendees per event (non - unique adult and children) By August 2020, PARD will have hosted 5 Pop I'p Park • Number of individuals actively participating in the events, resulting in a total of500 people attending. fitness programming during the pop up park event(s) • Number of minutes of each fitness class held during o up park events By August 31. 2020, City of Baytown will participant in the . Participate in the convening of stakeholders as part working group developing the Safe Routes to Schools and of the Safe Routes to Schools/Parks planning Parks plan led by Harris County Public Health. process led by Harris County Public Health • Number of events assessed By October 2020, PARD will re-evaluate last year's events identify a list of potential locations for the Pop -Up Park • Number of parks confirmed for Pop-i'p Park Project. events • List of locations that 12 events will be hosted • Number of events held • Estimated number of attendees per event (non - unique adult and children) By August 2021. PARD will have hosted 12 Pop -Up Park . Number of individuals actively participating in the events resulting in 750 people attending. fitness programming during the pop up park event(s ) • Number of minutes of each class held during pop up park events By August 31, 2021, City of Baytown «ill participant in up to two training/technical assistance opportunities provided • 'cumber oftrainings attended by Harris County Public Health for key partners related to SRTS SRTP. • Number of city employees who attended a training By August 31, 2021, City of Baytown will support Harris County Public Health to host at least one SRTP engagement • Support the promotion of the Harris County Public event at I of the priority parks. Health community engagement event By October of2021, PARR will re-evaluate last year's • Number of events assessed events to identify a list of potential locations for the Pop -Up • Number of parks confirmed for Pop -Up Park Park Project. events • List of locations that 12 events will be hosted • Number of events held • Estimated number of attendees per event (non - unique adult and children) By August 2022. PARD will host 12 Pop -Up Park events • Number ofindividuals actively participating in the resulting in 1000 people attending. fitness programming during the pop up park event(s ) • Number of minutes of each fitness class held during pop up park events By August 31, 2021, City of Baytown will participant in up two training/technical assistance opportunities provided by • Number oftrainings attended Harris County Public Health for key partners related to • Number of city employees wfio attended a training SRTS/SRTP By August 31, 2022, City of Baytown will support Harris County Public Health to host at least one SRTP engagement . Support the promotion of the Harris County Public event at 1 of the priority parks. Health community engagement event By August 31, 2022, City of Baytown will support the finalized development and design of a Safe Routes to • Consider the execution of recommendations in the Schools/Parks plan presented from Harris County Public Safe Routes to School parks plan Health Exhibit B-1. Payment for Services Pavment for Services In consideration for Services to be performed by City of Baytown to the terms of this Agreement, MD Anderson agrees to pay an additional one hundred seventeen thousand seven hundred dollars ($117,700) for the additional Services set forth in Exhibit A-1, for a total contract amount of three hundred seventy-six thousand eight hundred fifty dollars for the term of this Agreement. Table 2. Payment Schedule, outlines the estimated payment structure per quarter throughout the life of this Agreement. Payment is contingent upon timely and satisfactory progress or achievement towards set objectives described in Table 1 and Table A-1. Invoice amounts should reflect the actual expenditure made to achieve set objectives. MD Anderson may decrease or withhold any payments if the performance of the Services is not timely performed as required by this Agreement. Re nde ring Pavment Payments will be rendered in quarterly throughout the fiscal year based on progress of set objectives. If Services are postponed or no progress has been made on set objectives invoices submitted will not be approved for payment. The Purchase Order number will be provided by MD Anderson to the City of Baytown after the execution of this agreement. To request payment, an invoice should be emailed to MD Anderson's Accounts Payable department at mdaccap(a;mdanderson.orand cc'd the Program Manager of the initiative. Send only one invoice per email, and include vendor name in subject fine. Electronic invoices shall be provided in a secure, non -alterable electronic format (such as Adobe .pdf). To submit an invoice by mail, send to: MD Anderson Cancer Center Accounts Payable, Unit 1699, PO Box 301401 Houston, TX 77230-1401 Phone:713-745-9439 Please submit each invoice within sixty (60) calendar days of the end of month in which the invoiced services were performed. Each invoice must be standard typed original invoice on City of Baytown's letterhead. Invoice requirements shall include but are not limited to the following: • Billing related to only one valid MD Anderson Purchase Order, with the Purchase Order number listed on the face of invoice • Invoice date and unique invoice number • Description of services provided • Amount • Remittance advice, with City of Baytown's legal name and "remit to" address, telephone, and fax numbers Table 2. Payment Schedule