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Ordinance No. 11,384ORDINANCE NO. 1 1,384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC.. AND NIEDERHOFER ENTERPRISES. INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($150.000.00): MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, McLemore Building Maintenance, Inc., and Niederhofer Enterprises, inc., were awarded the Annual Cleanup and Mowing Contract on July 24, 2008, pursuant to the provisions of Chapter 252 of the Texas Local Government Code: and WHEREAS, such contract included an option by the parties to renew for additional one- yearperiods; and WHEREAS. such contract was renewed on June 25, 2009, and can be renewed for an additional one - year term; and WHEREAS. McLemore Building Maintenance, Inc.. 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 CI"IY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby renews the Annual Cleanup and Mowing Contract with McLemore Building Maintenance. inc.. and Niederhofer Enterprises. Inc., for an amount not to exceed ONE HUNDRED FIFTY THOUSAND AND NO /I 00 DOLLARS ($150,000.00) 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 TWENTY -FIVE THOUSAND AND NO/] 00 DOLLARS ($25.000.00) 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 -live percent (25 %) without the consent of the contractor to such decrease. Section 3: This ordinance shall take effect immediately from aZaftfte passage by the City Council of the Citv of Baytown. INTRODUCED. READ and PASSED by the affirmative vote of tuncil of the City of Baytown this the 22nd day of June. 2010. STEM -IEN F7DONCARLOS.. Mayor APPROVED AS TO FORM: 2 ACIO RAMIREZ, SR., City A o� ey R:�Karen \Files\Cio Council\Ordinances120 une 321 ReneeA nnualCleanup &MowingContract.doc