Ordinance No. 9,165ORDINANCE NO. 9165
® AN ORDINANCE RENEWING THE CONTRACT OF WASTE MANAGEMENT OF
TEXAS FOR THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED TWENTY -NINE
THOUSAND SIX HUNDRED SEVENTY -EIGHT AND 96/100 DOLLARS
($1,629,678.96); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Waste Management of Texas iwas awarded the Annual Solid Waste Collection and
Disposal Services Contract on May 4, 2000, pursuant to competitive bidding procedures, which contract
included an option by the parties to renew for four additional one -year periods; and
WHEREAS, Waste Management of Texas has indicated its 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 Waste
Management of Texas for the Annual Solid Waste Collection and Disposal Services Contract for the sum of
ONE MILLION SIX HUNDRED TWENTY -NINE THOUSAND SIX HUNDRED SEVENTY -EIGHT AND
96/100 DOLLARS ($1,629,678.96), 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 TWENTY -FIVE THOUSAND AND NO/ 100 DOLLARS ($25,000.00) 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. j
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 24"' day of May, 2001.
1 �
PETE C. ALFARO, ayor
ATT - ff(
G.2N_V W. SAITI H, City Jerk
APPROVED AS TO FORM:
At5KACIO RAMIREZ, SR., Attorney
d:\MyDocuments \Council \00 -01 \May\RenewAnnualSolid W aste &DisposalServicesContract
MEMORANDUM OF EXTENSION
OF THE
RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on the 11th day of May, 2000, the City of Baytown, a municipal corporation
located in Harris and Chambers Counties, Texas, hereinafter referred to as the "City," accepted the
bid and executed a contract with Waste Management of Texas, a corporation authorized to do
business in the State of Texas, hereinafter referred to as the "Company," for residential solid waste
collection and disposal services in the City of Baytown, Texas, hereinafter the "Agreement "; and
WHEREAS, Article XIII of the Agreement provides that "[a]fter completion of the initial
contract term, the Agreement may be renewed for four (4) additional one -year periods, when done
so at least one (1) month prior to termination of the existing term "; and
WHEREAS, Article 'XIII of the Agreement requires any extension be subject to the same
terms and conditions, except the price may be increased when agreed to by the parties based upon the
Consumer Price Index ( "CPI "); and
WHEREAS, the Company requested that the Agreement be extended with a price increase
based upon the CPI of the month preceding the expiration date of the initial term and of the first
month of the term immediately preceding the renewal period, which is 3.3 %; and
WHEREAS, the City desires to renew the Agreement with the requested increase for an
additional one -year term;
NOW THEREFORE, for and in consideration of the foregoing premises and the mutual
covenants and agreements herein contained, the City and the Company 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 Extension of the Agreement for Residential Solid Waste Collection and
® Disposal Services, hereinafter referred to as the "Memorandum," shall have the same meanings as in
the Agreement and Change Order Number One, hereinafter referred to as the "Change Order."
Memorandum of Extension, Page 1
C7
II.
Pursuant to Article XIII entitled "Term" of the Agreement, the City and the Company hereby
renew the Agreement for Residential Solid Waste Collection and Disposal Services throughout the
Collection Area, which includes the incorporated limits of the City of Baytown as they now exist or
may hereinafter be altered, for an additional one -year term. The Company understands and agrees
that such renewal shall be subject to the same terms and conditions as found in the Agreement,
including, but not limited to, the insurance, bond, liquidated damages and insurance provisions
contained therein, and subject to a 3.3% CPI increase, malting the unit price $8.19 per residential
unit.
III.
In the event that any action or proceeding is brought against the City by reason of any matter
from which the City is indemnified herein, the Company further agrees and covenants to defend the
action or proceeding by legal counsel acceptable to the City. This article shall survive the expiration
or termination of this Memorandum.
IV.
The City shall pay the Company only for services actually performed and accepted. Such
payment shall be within thirty (30) days after the City's receipt of an invoice for such services or
upon receipt and acceptance of the services, whichever is later.
V.
The Company hereby assumes all liability and responsibility for injuries, claims or suits for
damages to person or property, of whatever kind or character, whether real or asserted, occurring
during the term of this Memorandum, arising out of or by reason of the services to be provided by
the Company. This article shall survive the expiration or termination of this Memorandum.
VI.
All parties agree that should any provision of this Memorandum be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Memorandum, which
shall continue in full force and effect.
Memorandum of Extension, Page 2
t
VII.
Ll
This Memorandum together with the Agreement contains all the agreements of the parties
relating to the subject matter hereof and is the full and final expression of the agreement between the
parties. '
The provisions of this Memorandum and the provisions of the Agreement and of the Change
Order 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
Agreement or of the Change Order, the provisions of this Memorandum shall control.
U111
The officers executing this Memorandum on behalf of the. parties hereby represent that such
officers have full authority to execute this Memorandum and to bind the party he represents.
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 agreement, this qdLday of l„ , 2001.
ATTEST:
GAVY W. MI`I'H, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR.LC,2y Attorney
Memorandum of Extension Page 3
CITY OF BAYTOWN, TEXAS
MONTE MERCER, City Manager
WASTE MANAGEMENT OF TEXAS
Signature
Printed Name
Title
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared n `,1Mti� `^- in his/her
capacity as �Dt v, s of Waste Management of Texas, 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 K-<- 32001.
Notary Public iDAnd for the State of Texas
TAMMY L. BOONE
Notary Public
State of lexss
� MY Coatmiaaion Expires
°' April 6, 2005
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Memorandum of Extension, Page 4