Ordinance No. 7,820961010 -6
ORDINANCE NO. 7820
• AN ORDINANCE RENEWING THE CONTRACT OF NIEDERHOFER
ENTERPRISES, INC., FOR THE ANNUAL MOWING, EDGING AND
TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF THIRTY -ONE THOUSAND ONE
HUNDRED TWENTY -FIVE AND NO /100 DOLLAS ($31,125.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, Niederhofer Enterprises, Inc., was awarded the annual mowing, edging and
trimming services contract on February 14, 1996, pursuant to competitive bidding procedures,
which contract included an option by the parties to renew for three (3) additional one (1) year
periods; and
WHEREAS, Niederhofer Enterprises, Inc., has 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 contract of
Niederhofer Enterprises, Inc., for the annual mowing, edging and trimming services contract for the
sum of THIRTY -ONE THOUSAND ONE HUNDRED TWENTY -FIVE AND NO /100 DOLLAS
($31,125.00), 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 FIFTEEN THOUSAND AND NO/ 100 DOLLARS
($15,000.00) or less, provided 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 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 10th day of October, 1996.
/ � C r
. PETE C. ALFARO, Mayor
961010 -6a
• ATTEST:
EILEEN P. HALL, City Cleric
APPROVED AS TO FORM:
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ACIO RAMIREZ, SR. Ci y Attorney
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® MEMORANDUM OF RENEWAL
OF THE
CITY OF BAYTOWN
PARKS AND RECREATION DEPARTMENT
ANNUAL MOWING, EDGING, AND TRIMMING SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on the 23rd day of February, 1995, the City of Baytown (the "City ") and
Niederhofer Enterprises, Inc., (the "Contractor ") entered into an Annual Mowing, Edging, and
Trimming Services Contract; and
WHEREAS, the Annual Mowing, Edging, and Trimming Services Contract has since been
amended by the parties to include services at an additional facility, and the contract along with such
amendment shall be referred to herein as the "Contract "; and
WHEREAS, prior to the expiration of the initial term of the Contract, the Contractor
requested the Contract be renewed for an additional one year period; and
WHEREAS, the City of Baytown desires to renew the Contract with the Contractor for
mowing, edging, and trimming service under the same terms and conditions;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in this
Memorandum of Renewal (the "Memorandum ") shall have the same meanings as in the Contract.
II.
Pursuant to Article XIV of the Contract, the Contractor and the City hereby renew the
Contract under the same terms and conditions. This Memorandum shall be effective commencing on
the date this Memorandum is signed by the City Manager and shall remain in force for a period of
time not to extend beyond September 27, 1997, unless terminated sooner by the City Manager or his
® designee.
Memorandum of Renewal, Page 1
0 III.
The maintenance schedule enumerated in Article IV is hereby modified for the 1997 year as
follows:
1. March 3, 1997 to March I4, 1997
2. March 17, 1997 to March 28, 1997
3. March 31, 1997 to April 11, 1997
4. April 14, 1997 to April 25, 1997
5. April 28, 1997 to May 9, 1997
6, May 12, 1997 to May 23, 1997
7. May 26, 1997 to June 6, 1997
8. June 9, 1997 to June 20, 1997
9. June 23, 1997 to July 4, 1997
10, July 7, 1997 to July 18, 1997
11. July 21, 1997 to August 1, 1997
12. August 4, 1997 to August 15, 1997
13. August 18, 1997 to August 29, 1997
14. September 1, 1997 to September 12, 1997
15. September 15, 1.997 to September 26, 1997
All work performed pursuant to this Memorandum shall be performed on days not including
Saturdays, Sundays, or any legal holidays unless the Contractor has obtained prior written approval
to perform work on such prohibited days by the City Manager or his designee.
0
Memorandum of Renewal, Page 2
® III.
The provisions of this Memorandum and the provisions of 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 Memorandum and the provisions of the Contract, the provisions of this
Memorandum shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum 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 October, 1996.
CITY OF BAYTOWN
BOBBY ROUNTREE, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
NIEDERHOFER ENTERPRISES, INC.
0
Memorandum of Renewal, Page 3
® STATE C�� 'TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared Ron Niederhofer, in his capacity as President of
Niederhofer Enterprises, Inc., on behalf of such corporation, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this �? day of oAeLA. 1996.
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0 Memorandum of Renewal, Page 4