Ordinance No. 8,546990325 -5
ORDINANCE NO. 8546
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® APPROVING A THIRD EXTENSION OF THE ANNUAL RECYCLING SERVICES CONTRACT
BETWEEN THE CITY OF BAYTOWN AND BFI WASTE SYSTEMS OF NORTH AMERICA,
INC., IN THE AMOUNT OF FIFTY -ONE THOUSAND, FOUR HUNDRED EIGHTY AND NO/ 100
DOLLARS ($51,480.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and BFI Waste Systems of North America, Inc., did enter in an Annual
Recycling Services Contract on October 1, 1996; and
WHEREAS, pursuant to Article XI of the Agreement, the Agreement may be renewed for four (4) additional
one -year terms, when done so at least one (I) month prior to termination of the existing term; 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, 2000; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve the Third 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
Third Extension of the Annual Recycling Services Contract between the City of Baytown and BFI Waste Systems of
North America, Inc., in the amount of FIFTY -ONE THOUSAND FOUR HUNDRED EIGHTY AND NO/] 00
DOLLARS ($51,480.00) for a period of one year, expiring on April 30, 2000. 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 N0/] 00 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.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council -1- 11 this
the 25th day of March, 1999. 1
ATTEST:
��
EILEEN P. HELL, City Cleric
® APPROVED AS TO FORM:
— 14.6f�_.�2z
NACIO RA REZ, R., City ttorney
c:\MyDocumentsNCouncil\Mcctings\MarchkBFI RecycleCenterContract 1999.doe
® Third Extension
of the
CITY OF BAYTOWN
ANNUAL RECYCLING SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF HARRIS
This Third Extension of the City of Baytown Recycling Services Contract, hereinafter known
as "Extension," extending the Annual Recycling Services Contract entered into on the 1' day of
October, 1996, hereinafter known as "Agreement," for a period of one year, is made upon this
day of April, 1999, by and between the City of Baytown, a municipal corporation located in Harris
and Chambers Counties, Texas, hereinafter known as the "City," and BFI Waste Systems of North
America, 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 1' 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 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, 2000;
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
Extension shall have the same meanings as in the Agreement.
0 EXHIBIT A
Third Extension of the Annual Recycling Services Contract Pa pc I
® II.
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 term expiring April 30, 2000.
III.
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 April, 1999.
CONTRACTOR:
BFI WASTE SYSTEMS OF NORTH
AMERICA, INC.
BILL CRANE, District Vice President
CITY:
CITY OF BAYTOWN
MONTE MERCER, City Manager
ATTEST:
0 EILEEN P. HALL, City Clerk
Third Extension of the Annual Recycling Services Contract, Pape 2
0 APPROVED AS TO FORM:
erTNACIO RAMIRE R., City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day
personally appeared Bill Crane in his capacity as District Vice President of BFI Waste Systems of
North America, Inc., on behalf of such corporation,
known to me;
proved to me on the oath of ; or
through his current {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}
(✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 1999.
Notary Public in and for the State of Texas
My commission expires:
CAMyDocumentslContrnctslAmcndB Fl Rcc•cIcCmf crContrnctC lean. doc
Third Extension of the Annual Recycling Services Contract Page 3