Ordinance No. 12,388ORDINANCE NO. 12,388
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES,
INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT
NOT TO EXCEED FIFTY THOUSAND FIVE HUNDRED SIXTY AND NO 1100
DOLLARS ($50,560.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, DXI Industries, Inc., was awarded the Annual Sulfur Dioxide Contract on November 25,
2008, pursuant to competitive bidding procedures, which contract included an option by the parties to renew
for additional one -year periods; and
WHEREAS, such contract was renewed on November 12, 2009, October 25, 2010,
November 10, 2011, and November 8, 2012, and can be renewed again for an additional one -year term; and
WHEREAS, DXI Industries, Inc., 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 Sulfur
Dioxide Contract with DXI Industries, Inc., for an additional one -year period.
Section 2: That the City Council of the City of Baytown hereby authorizes payment in an amount
not to exceed FIFTY THOUSAND FIVE HUNDRED SIXTY AND NO/] 00 DOLLARS ($50,560.00) to DXI
Industries, Inc., for the Annual Sulfur Dioxide Contract.
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 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 decreased by more than twenty-five percent (25 %) without the consent of the contractor to such
decrease.
Section 4: This ordinance shall take effect immediately fro and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmativ of of the City Council of the City of
Baytown this the 24h day of October, 2013. � ";F
R.Aareffiles \City Counci1\0rdinances\2013 \0ctober 24\ RenewAnnualSulferDioxideContract.doc