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Ordinance No. 12,359ORDINANCE NO. 12,359 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL PORTLAND CEMENT CONTRACT WITH ASH GROVE CEMENT COMPANY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown entered into an interlocal agreement for cooperative purchasing with Tarrant County in 2012 pursuant to Ordinance No. 11,835; and WHEREAS, under such agreement, the City appointed Tarrant County its true and lawful purchasing agent for the purchase of various commodities using Annual Contracts; and WHEREAS, as the purchasing agent, Tarrant County bids selected items according to its usual bidding procedures and in accordance with applicable state statutes; and WHEREAS, the City may take advantage of the bids received by Tarrant County, which bids shall satisfy all competitive bidding requirements of the City; and WHEREAS, Tarrant County competitively bid and entered into the Annual Portland Cement Contract with Ash Grove Cement Company, which contract has an original term commencing on November 9, 2012, and ending September 30, 2013, and two one -year renewal options thereafter; and WHEREAS, the City awarded its Annual Portland Cement Contract to Ash Grove Cement Company based upon the bids received by Tarrant County on February 14, 2013, which contract may be renewed for two one -year terms; and WHEREAS, the City desires to renew its Annual Portland Cement Contract with Ash Grove Cement Company; and WHEREAS, Ash Grove Cement Company has indicated its 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 CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby renews the Annual Portland Cement Contract with Ash Grove Cement Company in the amount of ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) 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 FIFTY THOUSAND AND N01100 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 decreased by more than twenty -five 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 by the affirmative vote City Council of the City ofyY of Baytown this the 26th day of September, 2013. 7� I'll APPROVED AS TO FORM: qtjNACIO RAMIREZ, SR. , ity Attorney Mayor RAKaren\Files \City Council \Ordinances\2013\September 26\ RenewAnnualPonlandCementContractTarrantCounty.doc 2