Ordinance No. 11,146ORDINANCE NO. 11,146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. AUTHORIZING THE PAYMENT OF SIXTY THOUSAND FOUR
HUNDRED FIFTY -SEVEN AND NO /100 DOLLARS ($60,457.00) TO BOWERS
GENERATOR SYSTEMS THROUGH THE DISASTER RECOVERY PROGRAM
OF THE UNITED STATE'S GENERAL SERVICES ADMINISTRATION FOR
THE PURCHASE OF ONE (1) CUMMINS INDUSTRIAL DIESEL 300 KW
GENERATOR FOR THE CITY'S FACILITIES LOCATED AT 220 W. DEFEE
STREET, BAYTOWN, TEXAS; MAKING OTHER PROVISIONS RELATED
'I HERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS. Section 833 of the John Warner National Defense Authorization Act for fiscal
year 2007 (P.L. 109 -364) amended 40 U.S.0 §502 to authorize the use of all Federal Supply
Schedule contracts by state and local government entities for the purchase of products and services
that will be used to facilitate recovery from presidentially declared major disasters. terrorism. or
nuclear, biological, chemical. or radiological attacks: and
WHEREAS, based upon such amendment. the City of Baytown may use the federal supply
schedule contracts of the United State's General Services Administration as an alternate purchasing
method satisfying the City's competitive bidding obligations; and
WHEREAS, the generator for the City's facilities located at 220 W. Defoe Street stopped
working during Hurricane Ike and is not repairable: and
WHEREAS. the purchase of a generator for such facilities may be purchased by the City
through the Disaster Recovery Program of the United State's General Services Administration:
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 authorizes the payment
of SIXTY TI IOUSAND FOUR I IUNDRED FIFTY -SEVEN AND NO /100 DOLLARS ($60,457.00)
to Bowers Generator Systems through the Disaster Recovery Program of the United State's General
Services Administration for the purchase of one (1) Cummins Industrial Diesel 300 kW generator for
the City's facilities located at 220 W. Defee Street. Baytown, Texas.
Section 2: That pursuant to the provisions ofTexas 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 BaytoNvn.
INTRODUCED, READ and PASSED by the affirmative vote of the Council of the City
of Baytown this the 9`h day of July. 2009.
A
ATTEST:
LETICIA GARZA Interim City Clerk
APPROVED AS TO FORM:
1 rACIO RAMIREZ. SR. ty Attorney
HEN I4. DONCARLOS,
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