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Ordinance No. 10,009ORDINANCE NO. 10,009 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GRANT SMITH MOWING AND NIEDERHOFER ENTERPRISES, INC., FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FORTY -THREE THOUSAND FIVE AND NO 1100 DOLLARS ($143,005.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Grant Smith Mowing and Niederhofer Enterprises, Inc., were awarded the Annual Mowing, Edging and Trimming Services Contract on January 22, 2002, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for three additional one -year periods; and WHEREAS, Grant Smith Mowing and Niederhofer Enterprises, Inc., have indicated their 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 Grant Smith Mowing for Sections 1, III, V and VI of the Annual Mowing, Edging and Trimming Services Contract for the sum of NINETY -SEVEN THOUSAND ONE HUNDRED EIGHTY -FIVE AND NO 1100 DOLLARS ($97,185.00), and authorizes payment thereof. Section 2: That the City Council of the City of Baytown hereby renews the contract of Niederhofer Enterprises, Inc., for Sections II and IV of the Annual Mowing, Edging and Trimming Services Contract for the sum of FORTY -FIVE THOUSAND EIGHT HUNDRED TWENTY AND NO 1100 DOLLARS ($45,820.00), and authorizes payment thereof. Section 3: 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 1100 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 4: 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 10`x' day of February, 2005. CALVIN MUNDINGER, Mayor ATTEST: G W. SMJ, ; f, City Clerk APPROVED AS TO FORM: RaleaneneWy Documents \Council \04 -05 \February Ist\ RenewAnnualMowingEdgingTrimmingContract .doc •