Ordinance No. 8,055970828 -14
ORDINANCE NO. 8055
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A FIRST EXTENSION OF THE ANNUAL RECYCLING
SERVICES CONTRACT BETWEEN THE CITY OF BAYTOWN AND BROWNING -
FERRIS, INC., IN THE AMOUNT OF FIFTY -ONE THOUSAND AND NO /100
DOLLARS ($51,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and Browning- Ferris, Inc., did enter in an Annual Recycling
Services Contract on October 1, 1996; and
WHEREAS, pursuant to Article XII of the Agreement, the Agreement may be renewed for four
(4) additional one -year terms, when done so at least one (1) month prior to termination of the existing
term; and
WHEREAS, the Agreement expired April 30, 1997; however, both parties were operating under
the assumption that the Agreement was still in effect and, as such, have continued in good faith to
operate under the terms and conditions of such Agreement; and
WHEREAS, the parties agree to memorialize the extension of Agreement under the same terms
and conditions and without an increase in any fees paid by the City through this Extension for a one -
year period, which will expire on April 30, 1998; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve the first
Extension of such contract; 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 authorizes the
execution of the First Extension of the Annual Recycling Services Contract between the City of
Baytown and Browning - Ferris Industries, Inc., in the amount of FIFTY -ONE THOUSAND AND
NO 1100 DOLLARS ($51,000.00) for a period of one year, expiring on April 30, 1998. A copy of said
contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
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 1100 DOLLARS ($15,000.00)
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 after its passage by the
® City Council of the City of Baytown.
0
970828 -14a
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 28`h day of August, 1997.
ATTEST:
EILEEN' P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, R. City Attorney
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PETE C. ALF O, Mayor
ak
•
First Extension
of the
CITY OF BAYTOWN
ANNUAL RECYCLING SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Extension of the City of Baytown Recycling Services Contract, hereinafter known
as `'Extension," extending the Annual Recycling Services Contract entered into on the 151 day of
October, 1996, hereinafter known as "Agreement," for a period of one year, is made upon this
day of August, 1997, by and between the City of Baytown, a municipal corporation located in Hams
and Chambers Counties, Texas, hereinafter known as the "City," and Browning- Ferris, Inc.,
hereinafter known as the "Contractor."
WITNESSETH:
WHEREAS, City and Contractor did enter into a Recycling Services Engineering Services
Agreement, which was effective on the I5' day of October, 1996; and
WHEREAS, pursuant to Article XII of the Agreement, the Agreement may be renewed for
four (4) additional one -year terms, when done so at least one (1) month prior to termination of the
existing term; and
WHEREAS, the Agreement expired April 30, 1997; however, both parties were operating
under the assumption that the Agreement was still in effect and, as such, have continued in good
faith to operate under the terms and conditions of such Agreement; and
WHEREAS, the parties agree to memorialize the extension of Agreement under the same
terms and conditions and without increase in any fees paid by the City though this Extension for a
one -year period, which will expire on April 30, 1998;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
First Extension of the Annual Recycling Services Contract, Pa-_e I
EXHI>PIT A
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Unless a different meaning clearly appears from the context, words and phrases as used in
this Extension shall have the same meanings as in the Agreement.
Pursuant to Article XII of the Agreement, the Contractor and the City hereby agree to extend
the Agreement under the same terms and conditions for a terns expiring April 30, 1998.
The provisions of this Extension and the provisions of the Agreement should be read together
and construed as one agreement provided that, in the event of any conflict or inconsistency between
the provisions of this Extension and the provisions of the Agreement, the provisions of this
Extension shall control.
IV.
The officers executing this Extension on behalf of the parties hereby represent that such
officers have full authority to execute this Extension and to bind the party he /she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Extension 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 August, 1997.
CONTRACTOR:
BROWNING- FERRIS, INC.
ANN REEVES, Bay Area District Manager
CITY:
CITY OF BAYTOWN
PETE C. ALFARO, Mayor
First Extension of the Annual Recycling Services Contract, Pale 2
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
�'- -'D /C - = = zc: � K
ACIO RAMIREZ, S ity Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared Ann Reeves in her capacity as Bay Area District
Manager of Browning- Ferris, 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 she executed
the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of August, 1997.
Notary Public in and for the State of Texas
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First_ Extension of the Annual Recycling Services Contract, Page 3