Ordinance No. 11,247ORDINANCE NO. 11,247
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS,
RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES,
INC.: AUTHORIZING PAYMENT BY THE CITY OF BAYTO`VNI . THE SUM OF
SEVENTY -NINE THOUSAND SIX HUNDRED EIGHT AND NO /100 DOLLARS
(579.608.00); MAKING OTHER PROVISIONS RELATED THERETO: AND
PROVIDING FOR TI IE EFFECTIVE- DATE THEREOF.
WHEREAS, DXI Industries. Inc., was awarded the Annual Sulfur Dioxide Contract on November 25.
2008. pursuant to competitive bidding procedures, which contract included an option by the parties to renew
for additional one -year periods: and
WHEREAS, DXI Industries, Inc., has indicated its willingness to renew the contract for an additional
year under the same terms and conditions; and
kk"I-IEREAS, the Administration has reviewed the market conditions and recommends renewal as being
in the best interest of the City; NOW THEREFORE
I3F. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section l: That the City Council of the City of Baytown hereby renews the Annual Sulfur
Dioxide Contract with DXI Industries, Inc., for an additional one -year period.
Section 2: That the City Council of the City of Baytown hereby authorizes payment in an amount
not to exceed SEVENTY -NINE THOUSAND SIX HUNDRED EIGHT AND NO /100 DOLLARS
(579,608.00) to DXI Industries, Inc., for the Annual Sulfur Dioxide Contract.
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/] 00 DOLLARS (525.000.00) 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 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
Baytown this the 12`h day of November. 2009.
T:
ARIA. C
D AS TO FORM:
ACIO RAMIREZ, SR.. CitAE ttorney
o'q the City Council of the City of
R AKarenlFilcs\Ciw CounciAOrdinances\2009 \November 121Renew AnnualSulferDioxideContracr.doc
ARLOS. Mayor