Ordinance No. 9,166: ORDINAr
AN ORDINANCE RENEWING THE CC
TEXAS FOR THE ANNUAL RECYCLI
AUTHORIZING PAYMENT BY THE C
EIGHT THOUSAND SEVEN HUNDRED
MAKING OTHER PROVISIONS RELAT
EFFECTIVE DATE THEREOF.
WHEREAS, Waste Management of Te)
Contract on June 8, 2000, pursuant to competitive
the parties to renew for four additional one -year p
WHEREAS, Waste Management of Texas
additional year under the same terms and
WHEREAS, the Administration has revie,
in the best interest of the City; NOW THEREFO
BE IT ORDAINED BY THE CITY
NO. 9166
RACT OF WASTE MANAGEMENT OF
CENTER SERVICES CONTRACT AND
OF BAYTOWN, THE SUM OF SIXTY -
.TY AND NO /100 DOLLARS ($68,760.00);
THERETO; AND PROVIDING FOR THE
************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
was awarded the Annual Recycling Center Services
.ding procedures, which contract included an option by
ids; and
is indicated its willingness to renew the contract for an
and
the market conditions and recommends renewal as being
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 Recycling enter Services Contract for the sum of SIXTY -EIGHT
THOUSAND SEVEN HUNDRED SIXTY AND NO /100 DOLLARS ($68,760.00); 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 TWENTY -FIVE 'THOUSAND AND NO/ 100 DOLLARS ($25,000.00) or
less, provided that the original contract price may notljbe 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.
i
1
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 24u' day of May, 2001.
c.
PETE C. ALFARO, Mayor
ATTEST:
G Y" . SMITH;- City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR C Attorney
d AMyDocuments \Council \00 -01 \ May\ RenewAnnualRecyclingCenterServicesContract
h
® MEMORANDUM OF EXTENSION
LJ
OF THE
RECYCLING SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, on the 11`'' 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 recycling services in the
City of Baytown, Texas, hereinafter the "Agreement "; and
WHEREAS, Article XII 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 X11 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 without any price
increase; and
WHEREAS, the City desires to renew the Agreement under the same terms and conditions
found in the Agreement without any price increase;
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 Recycling Services, hereinafter referred to as
the "Memorandum," shall have the same meanings as in the Agreement.
Memorandum of Extension, Page 1
® II.
Pursuant to Article X11 entitled "Term" of the Agreement, the City and the Company hereby
renew the Agreement for Recycling Services for an additional one -year term.. The Company
understands and agrees that such renewal shall be subj ect to the same terms and conditions as found
in the Agreement, unless modified herein.
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.
FW
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.
IN
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.
VII.
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.
Memorandum of Extension, Page 2
The provisions of this Memorandum 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 Memorandum and the provisions of the Agreement, the provisions of
this Memorandum shall control.
VIII.
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 day of Jo IA 12001.
ATTEST:
rA
APPROVED AS TO FORM:
I ACIO RAMIRE , City Attorney
Memorandum of Extension, Page 3
CITY OF BAYTOWN, TEXAS
�MONTE MERCER, City Manager
0 . WASTE MANAGEMENT OF TEXAS
Signature
�e�/Acp .' S" erm
Printed Name
Plrc,Sro✓ iy
Title
STATE OF TEXAS
COUNTY OF HARRIS
Before me on I this day personally appeared bar, S k-kki" , in his/her
capacity as '-�kj-o A&gMAV,, of Waste Management of Texas, on behalf of such
corporation, known to me to be the person vhiose 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
TAMMY l.. BOONE
Notary Public .
State of Tex
A My Commission F -nires
April 6, 2005
2001.
U /-/ ILXX-., ,
"& M-4 Notary Public i d for the State of Texas
c: klh27o1PublicWorks\RecyclingContractl ExtensionofasteManagementRecyclingAgreement
Memorandum of Extension, Page 4