Ordinance No. 14,220ORDINANCE NO. 14,220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED FIFTY-SEVEN
THOUSAND FIVE HUNDRED AND NOI100 DOLLARS ($257,500.00) TO
PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR THE SOLE -SOURCE
PURCHASE AND INSTALLATION OF THE "NINJA CROSS" ATTRACTION FOR
PIRATES BAY WATER PARK; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, Texas Local Government Code Annotated §252.022 provides that when the functional
requirements of the City can only be satisfied by one source, the requirement for competitive bids is not
applicable; and
WHEREAS, the purchase and installation of the "Ninja Cross" attraction for Pirates Bay Water Park
may only be purchased from a single source Progressive Commercial Aquatics, Inc.; 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, Texas, hereby declares that only one
source can satisfy the needs of the City for the procurement and installation of the "Ninja Cross" attraction for
Pirates Bay Water Park.
Section 2: That the City Council of the City of Baytown, Texas, authorizes payment of the sum
of TWO HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED AND NOI100 DOLLARS
($257,500.00) to Progressive Commercial Aquatics, Inc., for the purchase and installation of the "Ninja Cross"
attraction for Pirates Bay Water Park.
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 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
(250'o) 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 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 P day of October, 2019.
BRANDON CAPETILL , Mayor
AT ST:
L tTICIA BRYSCH, City erk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR64ty Attorney
IICOBFSOI LegahKarenTiles City Counci1%0rdinances\201%0ctober 3`SoleSource4NinjaCross.doc