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Ordinance No. 14,363ORDINANCE NO. 14,363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF NINETY THOUSAND TWO HUNDRED FIFTY-SEVEN AND 121100 DOLLARS ($90,257.12); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, DXI Industries, Inc., was awarded the Annual Sulfur Dioxide Contract on April 9, 2015, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one-year periods; and WHEREAS, such contract was renewed on February 11, 2016, February 23, 2017, March 22, 2018, and March 14, 2019, and may be renewed for an additional one-year term; and WHEREAS, DXI Industries, Inc., has indicated its willingness to renew the contract for an additional year under the same terms and conditions with a 1.9% Consumer Price Index increase; 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 Annual Sulfur Dioxide Contract with DXI Industries, Inc., for the sum of NINETY THOUSAND TWO HUNDRED FIFTY- SEVEN AND 121100 DOLLARS ($90,257.12), 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 FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) 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 of the City of Baytown this the 26°i day of March, 2020. BRANDON CAPETIL , Mayor AT T: �AYTOhrV )ca ETICIA BRYSCH, Cit rk �; a °o Y ° 0 8 a o APPROVED AS TO FORM: �° a vj N� 00 NACIO RAMIREZ, SR., Ci ttomey I,COBFS01' Legai\Karen\Files.City C'ounci rdinances 2020\March 26UtenewAnnualSulfurDioxideContract.doc