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Ordinance No. 11,672ORDINANCE NO. 11,672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING A PORTION OF THE ANNUAL MOSQUITO CONTROL CONTRACT WITH ADAPCO, INC., FOR ITEM NOS. 10 AND 13, WITH TARGET SPECIALTY PRODUCTS, F/K/A B & G CHEMICALS AND EQUIPMENT COMPANY, INC., FOR ITEM NOS. 3,4 AND 12, WITH UNIVAR USA, INC., FOR ITEM NOS. 1, 7, 8, AND 9, AND WITH CLARKE MOSQUITO CONTROL PRODUCTS, INC., FOR ITEM NOS. 2, 6A, 613, 11 AND 14; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -SIX THOUSAND AND NO 1100 DOLLARS ($46,000.00) FOR SUCH RENEWALS; AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -FOUR THOUSAND AND NO /100 DOLLARS ($54,000.00) TO CLARKE MOSQUITO CONTROL, AS THE SOLE SOURCE, FOR THE PURCHASE OF READY -TO -USE PYRETHROID WITH SYNERGIST -ULV; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the following were awarded portions of the Annual Mosquito Control Contract on July 23, 2009, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one -year periods: Company Name ADAPCO, Inc. Item Nos. 10& 13 B & G Chemicals and Equipment Com an Inc. 3,4 & 12 Public Health Equipment & Supply Company, Inc. 5 UNIVAR USA, Inc. 1, 7,8 & 9 Clarke Mos uito Control Products, Inc. 2,6a, 6b, 11 & 14 ; and WHEREAS, such contract was renewed on May 27, 2010 and can be renewed again for an additional one -year term; and WHEREAS, the following companies have indicated their willingness to renew the contract for an additional year under the same terms and conditions, which allow for the following price increases: Adapco, Inc 10 13 -- Target Specialty Products Wk/a B & G Chemicals & Equipment Company, Inc.) /o * 4 o* 3 /o 12 -- Clarke Mosquito Control 2 -- 6a -- 6b -- 11 2.5% 14 -- Univar USA 8 1 1% 9 2% *Increase due to a manufacturer price increase, which is directly tied to the price of petroleum/oil; and WHEREAS, the Administration has reviewed the market conditions and recommends renewal of the above - referenced items as being in the best interest of the City; and WHEREAS, Item 5 of the Annual Mosquito Control Contract, which is for Ready -To -Use Pyrethroid with Synergist -ULV can no longer be purchased from Public Health Equipment & Supply Company, Inc., as it is now a sole source item which must be purchased directly through its manufacturer — Clarke Mosquito Control; and WHEREAS, Texas Local Government Code Annotated §252.022 provides that when the requirements of the City can only be satisfied by one source, the requirement for competitive bids is not applicable; and WHEREAS, the procurement of Ready -To -Use Pyrethroid with Synergist -ULV can be satisfied by only one source, Clarke Mosquito Control; 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 renews the Annual Mosquito Control Contract with ADAPCO, Inc., for Item Nos. 10 and 13. Section 2: That the City Council of the City of Baytown hereby renews the Annual Mosquito Control Contract with Target Specialty Products, f/k/a B & G Chemicals & Equipment Co., Inc., for Item Nos. 3, 4, and 12. Section 3: That the City Council of the City of Baytown hereby renews the Annual Mosquito Control Contract with UNIVAR USA, Inc., for Item Nos. 1, 7, 8 and 9. Section 4: That the City Council of the City of Baytown hereby renews the Annual Mosquito Control Contract with Clarke Mosquito Control Products, Inc., for Item Nos. 2, 6a, 6b, 11 and 14. Section 5: That the City Council of the City of Baytown hereby authorizes payment in an amount not to exceed FORTY -SIX THOUSAND AND NO 1100 DOLLARS ($46,000.00) for the items referenced in Sections 1 through 4 of this ordinance as part of the Annual Mosquito Control Contract. Section 6: That the City Council of the City of Baytown, Texas, hereby declares that only one source can satisfy the needs of the City for Ready -To -Use Pyrethroid with Synergist -ULV. 2 Section 7: That tile CitN`COUnCil ofthe City of"Baytown,"I'exas, authorizes payment of the suril ofFIFTY-FOUR TI l0t..JSAND AND NO/100 DOLLARS ($54,000�.00) to Clarke Mosquito Control, as tile sole source, fior the purchase of'Ready-To-LJse Pyrethroid with Syilergis1-tJLV. Section 8-. TIMt P111-SLU1,111 tO tile 1,11"(Wisious u("I'vxas Local Government Code AnnWatcd §252,048, the City Manager is hereby granted general M10101•ity to approve an), change order involving as decrease or an increase in costs of TWENTY-FIVE THOL.JSAND AND NO/100 DOLLARS ($2-5,000.00) or less, SUbjJect to the provision that the original ccmtract price may not be increased 1)), niore than Twenty-five percent (25%) or decreased by more than twenty-five percent (25%)) without the consent oC the contractor to such decrease. Section 9: This ordinance shall take effect immediately from and after its pass'age by tile City Council of tile City of' Baytown. INTROODUC ED, RERAN and PASS F-.D by the aft irniati vc vote I'ttie City Council oi'tlic('ity of Baytown this the 23"' day of.June. 2011. APPROVED AS TO FORM: .. it - 4 1 XACK) R.'�We7IRE`Z., SR. " ity Attorney STEIVI JEN If, DONCARLOS, Mayor 3