Ordinance No. 10,586ORDINANCE NO. 10,586
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT WITH GORDON & REES, LLP, FOR
LEGAL SERVICES CONCERNING THE DESIGN AND CONSTRUCTION OF
THE BAYTOWN EMERGENCY OPERATIONS CENTER; AUTHORIZING
GORDON & REES, LLP, TO SEEK REIMBURSEMENT FOR CERTAIN COSTS
EXPENDED BY THE CITY CONCERNING THE DESIGN AND
CONSTRUCTION OF THE BAYTOWN EMERGENCY OPERATIONS CENTER;
DIRECTING THE LAW FIRM TO FILE A LAWSUIT IN THE EVENT
APPROPRIATE REIMBURSEMENT IS NOT TIMELY MADE; AUTHORIZING
PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND
AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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
Interim City Manager to negotiate and execute an agreement with Gordon & Rees, LLP, for legal
services concerning the design and construction of the Baytown Emergency Operations Center,
under terms and conditions deemed acceptable to the City Attorney and the Interim City Manager.
Section 2: That the City Council of the City of Baytown authorizes payment to Gordon
& Rees, LLP, in an amount not to exceed ONE HUNDRED THOUSAND AND NO/100
DOLLARS ($100,000.00), pursuant to the engagement letter identified in Section 1 hereof.
Section 3: That the Interim 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; however, 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: That subject to Section 1 hereof, the City Council of the City of Baytown,
Texas, hereby authorizes the law firm of Gordon & Rees, LLP, to seek reimbursement for certain
costs expended by the City concerning the design and construction of the Baytown Emergency
Operations Center.
Section 5: That subject to Section 1 hereof, the City Council of the City of Baytown,
Texas, hereby directs the law firm of Gordon & Rees, LLP, to file a lawsuit in the event appropriate
reimbursement is not timely made.
Section 6: That the City Council of the City of Baytown, Texas, hereby authorizes the
Interim City Manager, in consultation with the City Attorney and Gordon & Rees, LLP, to determine
for purposes of filing suit whether the appropriate reimbursement has been timely made.
Section 7: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
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0 INTRODUCED, READ and PASSED by the affirmative vote ofjfe City Council of the City
12lh day of April, 2007.
STEPHEN H. DONCARLOS, Mayor
LORR1 , Chty Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR./CJty Attorney
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