Ordinance No. 11,765ORDINANCI"NO. 11,765
AN ORDINANCE OF" ITIE CITY COUNCIL OFT1,11", CITY OFl3AYTOWN,TEXAS,
REMIMING Tiff] ANNUAL RESIDENTIAL SOLID, WASTE COLLECTION AND
DISPOSAL SERVICES CONTRACT wi,rij WASTE MANAG1,11MENT OFTEXAS;
Al.)THORIZING PAYMENT 13Y THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO FXCFF'D TWO MILLION FIVE HUNDRED 1:1..EVI-.-"N THOUSAND FOUR
HUNDRED FIGH"I'Y-TWO AND 16/100 DOLI-ARS ($2,511,482.16,); MAKING
OTHF.'R PROVISIONS RELATED TI EIRETO; AND PROVIDING FOR TYIE-
EFFECTIVE DATETHEREOF.
BEI IT ORDAINED BYTHE'CITY COUNCIL OFT1,11", CITY Ol"BAYTOWN,14';XAS:
Section 1: '['flat the City Council of the City of' Baytown, Texas, licreby authorizes tile
rcilewal of tile Residential Solid Waste Collection and Disposal Scrvices Contract with Waste
Management of "Texas based upon as cost of ELEVEN AND 1 11100 DOLLARS (511.11) per residential
unit per month For 18,838 residential units. A copy of" such renewal is attached licreto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown author ices payment to Waste
Management of Texas in all amount not to exceed TWO MILLION FIVE HUNDRED ELEVEN
THOUSAND FOLJR HUNDRED EIGHTY-TWO AND 16/100 DOLLARS ($2,511,48116) for
residential solid waste collection and disposal services in accordance with the renewal of the agreement
authorized in Section I lierehlabove,
Section 3: That pursuant to the provisions of "Texas Local Government Code Annotated
§251048, tile City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of" FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less,
subject to the provision that the original contract price may not be increased by more than twenty-five
Percent (25%) or dccreased by more than twenty-five percent (25%) without tile consent ofthe contractor
to such decrease.
Section 3: This ordinance shall take effect ininledi-ately From and after its passage by tile
City Council of the City of Baytown.
INTRODUCED, RFAD and PASSED by the affirmative vole lie City Council of' tile City of
Baytown this the 22 1 day ol'September, 2011.
STEYI-IFN H. DONCARLOS, Mayor
AT'ITST:
I "ITICIA BRYSCIH, City Clerk,
APPROVED ASTO f"ORM:
4.,A�(C�-MORA�NIIREZ, SR., Ci y, ttorney,
Exhibit "A"
MEMORANDUM OF RENEWAL
OF THE
RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL SERVICES CONTRACT -- 2005
STATE OF TEXAS §
COUNTY OF HARRIS
WHEREAS, on the _ day of July, 2005, the City of Baytown (the "Owner ") and Waste
Management of Texas, Inc., (the "Contractor ") entered into a Residential Solid Waste Collection and
Disposal Services Contract (the "Contract "); and
WHEREAS, the Contract states, in part, as follows:
11.01 Initial Term: The term of this Agreement shall commence on the 151 day of
October, 2005, and shall remain in force for a period of time not to extend
beyond the 30`h day of September, 2010, unless terminated sooner by the City
Manager or his designee.
11.02 Renewal Terms: After completion of the initial contract term, the
Agreement may be renewed for four (4) additional one -year periods, which
when do so at least one (1) month prior to termination of 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 difference 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 1, 2011 and expiring on September 30, 2012, unless sooner
terminated in accordance with the Contract;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1.
Unless a different meaning clearly appears from the context, words and phrases as used in
this Memorandum shall have the same meanings as in the Contract.
Memorandum of Renewal, Page t
II.
Pursuant to the Contract Documents, the Contractor and the Owner hereby rcnew the
Contract for the period of October 1, 2011 through September 30, 2012, under the same terms and
conditions as expressed therein at the same unit pricing as used for the contract year commencing
October 1, 2010, which was $11.11 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 new 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 Memorandum and the provisions of the Contract should be read
together and construed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Memorandum and the provisions of the Contract, the provisions of
this Memorandum shall control.
V.
This Memorandum 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 WHEREOF, the parties hereto have executed this Memorandum in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same agreement, this the day of September, 2011.
OWNER:
CITY OF BAYTOWN
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
Memorandum of Renmul Page 2
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
CONTRACTOR:
WASTE MANAGEMENT OF TEXAS, INC.
Signature
Printed Name
Title
STATE OF TEXAS
COUNTY OF HARRIS
Before me, , the undersigned notary public, on this day
personally appeared , in his/her capacity as
of Waste Management of Texas, Inc., on behalf of such
company,
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 government or any state government that
contains the photograph and signature of the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this _ day of September, 2011.
Notary Public in and for the State of
Texas
My commission expires:
kWobsry I klcgal \KarcnU'ilcslC'ontractslWastc ManagcmcnARcncwa12011- 12.doc
Memorandum of Renewal, Page 3