Ordinance No. 11,445ORDINANCE NO. 11,445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS.
RENEWING THE ANNUAL RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL SERVICES CONTRACT WITH WASTE MANAGEMENT OF TEXAS;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED TWO MILLION FIVE HUNDRED ELEVEN THOUSAND FOUR
HUNDRED EIGHTY -TWO AND 16/100 DOLLARS ($2.511.482.16); MAKING
OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY TI IE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: That the City Council of the City of Baytown. Texas, hereby authorizes the
renewal of the Residential Solid Waste Collection and Disposal Services Contract with Waste
Management of Texas based upon a cost of ELEVEN AND 11/100 DOLLARS ($11.11) per residential
unit per month for 18.838 residential units. A copy of such renewal is attached hereto as Exhibit A" and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Waste
Management of Texas in an amount not to exceed TWO MILLION FIVE HUNDRED ELEVEN
THOUSAND FOUR HUNDRED EIGHTY -TWO AND 16/100 DOLLARS ($2,511,482.16) for
residential solid waste collection and disposal services in accordance with the renewal of the agreement
authorized in Section 1 hereinabove.
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 /100 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 and after its passage by the
City Council of the City of Baytown.
INTRODUCED. READ and PASSED t
Baytown this the 9'I' day of September. 2010.
APPROVED AS TO FORM:
41 ACIO RAMIREZ. SR.. City to ney
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Exhibit "A"
MEMORANDUM OF RENEWAL
OF THE
RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL SERVICES CONTRACT -- 2005
STATE 01= TEXAS
COUNTY OF HARRIS
WI IEREAS. on the _ day of July. 2005, the City of Baytown (the "Owner') and Waste
i tlanagement of Texas. Inc.. (the "Contractor') entered into a Residential Solid Waste Collection and
Disposal Services Contract (the "Contract': and
W11E ?REAS. the Contract states. in pan. as lollows:
11.01 Initial Term: The term of this Agreement shall commence on the I" day of
October, 2005. and shall remain in force fora period of time not to extend
beyond the 301h day ofScptermber. 201 (). unless terminated sooner by the Cit\
.%—Inna_aer or his designee.
11.02 Renewal Tcrms: After completion of the initial contract term. the
Agreement may be renewed for four (-I) additional one -year periods. which
when do so at least one (1) month prior to tcrniination ol'the existing term.
Such extension must be in writing. signed by both parties. During such
renewal period. the terms and conditions of the Agreement shall remain the
same. except as provided in this section. The price during the renewal period
shall be the same amount as it was on September 30. 2010. or in an amount
based on the ditrerence of the Consumer Price Index of the third month
proceeding the expiration date of the then current term or renewal period.
and
WHEREAS. the Contractor and the Owner wish to renew the Contract at this time for the
period commencing on October I. 2010 and expiring on September 30. 2011. unless sooner
terminated in accordance with the Contract:
NOW THEREFORE. Itx and in consideration ofthe mutual covenants and agreements herein
contained. the parties hereto do hereby mutually agree as follows:
Unless a different meaning clearly appears from the context, wards and phrases as used in
this Memorandum shall have the same meaninus as in the Contract.
Memorandum orRenewil. Pa_e I
Pursuant to the Contract Documents. the Contractor and the Owner hereby renew the
Contract lift the period ol'October 1, 3010 through September 0. 2011. under the same terms and
conditions as expressed therein at the same unit pricing as used for the contract year commencing
October 1.'_009. which was S I .I I per home. and based upon on a home count of 18,838.
III.
The CONTRACTOR understands and agrees that it shall, to the satisfaction of the Owner.
provide nc%v certificates of insurance meeting the requirements of the Contract and covering the
period of time that this Memorandum is in effect.
IV.
The provisions of this Nlemorandunt and the provisions of the Contract should be read
together and constnied as one agreement provided that. in the event of any conflict or inconsistence
bet«ecn the provisions of this Memorandum and the provisions of the Contract. the provisions of
this Memorandum shall control.
V.
This Memorrndurn and the Contract replace and supersede all prior agreements by and
among the Owner and the Contractor and supersede all prior written and oral statements and no
representation, statement. or condition or warranty not contained in such documents is binding on
the parties hereto.
IN WITNESS WI IEREOT'. the parties hereto have executed this Memorandum in multiple
copies, each of which shall be deemed to be an original. but all of%yhich shall constitute but one and
the same aarcemcnt, this the day of August. 3010.
0NVNFR:
crrY OF BAYTOWN
GARRISON C. 13RUi41BAC'K.C'ity ',✓tanager
ATTEST:
LETICIA GAR %A. City Clerk
\tamnrnndum of Reggwal. Page 2
APIIROVt:D AS TO FORM:
IGNACIO RAMIREZ. SR.. City Allorne\
CONTRACTOR:
\VAS'I'E NI NAGE�1
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Title
STATE 01: TEXAS
OF'rEXAS. INC.
COUNTY OF I IARI S § B ore me. 41/0"ctiiidersii!ilediiotanpitblic.ontliisda%,
personal a pear in his/her capacity as L a" -of' Waste .Management of ,Texas. Inc.. on behalf of such
ompam.
(check one)
known to me
proved to me on the oath of : or
proved to me through his/her current
,description of identification card
or other document issued by the federal govemment or any state government that
contains the photograph and signature of* the acknowledging person;
to be the person whose name is subscribed to the foregoing instrun
hershe executed that instrument liar the purposes:uid cunsidera
Given under my hand and seal ol'oMce Chid day f'/
a.*g y "�a, CYNTHIA ALVARADO l�
NL1 %RY PUBLIC- STATE OF TEXAS t)
MY COMMISSION EXPIRES 11
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;uid acknowledged to me that
herein expressed.
pgust 2010.
rti Public in and r the State of
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