HomeMy WebLinkAboutContract 47400-A5 '� � 1���, CITY SECRETARY
C'1 ,�a,� GOWRACTNO.. 4-7466-A5
FIFTH AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 47400
This Fifth Amendment ("Fifth Amendment") is made between the City of Fort Worth ("City"), a
municipal corporation, acting herein by and through Dana Burghdoff, its duly authorized Interim
Assistant City Manager and SP Plus Corporation ("Operator"), acting herein through Thomas L.
Hagerman. its duly authorized Executive Vice President.
WHEREAS, City and Operator entered into an Agreement identified as Fort Worth City
Secretary Contract No.47400, as amended by that First Amendment dated April 14, 2016 ("First
Amendment"), that Second Amendment dated September 28, 2016 ("Second Amendment"), that
Third Amendment dated December 14, 2016 ("Third Amendment"), and that Fourth Amendment
dated January 24, 2019 as amended, the "Agreement") for a period of five years beginning
February 1, 2016;
WHEREAS, the Agreement required Operator to invest up to $75,000.00 in equipment,
infrastructure, and technology improvements to improve service capabilities for the patrons of the
parking facilities before the end of the first year of the Agreement (City Secretary Contract No.
47400-A2);
WHEREAS, City and Operator agreed in the Fourth Amendment, effective December 1,
2018, that Operator would no longer provide services under the Agreement at the Will Rogers
Memorial Center beginning on January 11,2019 (City Secretary Contract No. 47400-A4)and that
any equipment remaining at Will Rogers Memorial Center would be addressed in accordance with
Section 12.4 of the Agreement;
WHEREAS,Operator's capital investment was primarily spent on golf carts and upgrading
radios at the Will Rogers Memorial Center;
WHEREAS,the Agreement specifies that the ownership to the equipment does not become
the City's until after the initial five-year term; and
WHEREAS, it is the collective desire of both City and Operator to amend the Agreement
to memorialize reimbursement of$30,000.00 to Operator from City to allow the golf carts and
radios purchased by Operator as part of its capital investment to transfer title to the City effective
December 1, 2018, which is prior to the initial five-year term;
NOW THEREFORE, KNOWN ALL BY THESE PRESENT:
City and Operator agree that the Agreement is hereby amended to be effective on December 1,
2018, as follows:
1. Operator agrees that all rights, title, and interest in the golf carts and radios it
purchased as part of the capital investment under the Agreement are hereby
transferred to City. Operator agrees it will execute any necessary paperwork to
document the ownership transfer to City.
Fifth Amendment to Fort Worth City Secretary Contract No.47400 exe epy-1$,1-5/1-9_ i
OFFICIAL RE� pJ i
CITY SECRETARch 165
FT. WORTH,TX I
2. City agrees that it will remit$30,000.00 to Operator as consideration for transferring
the title to the golf carts and radios to City earlier than required under the Agreement.
3. Operator and City agree that Section 4.1 of the Agreement is hereby amended to
reflect that the capital investment amount required under the Agreement of
$75,000.00 is reduced to $45,000.
4. Upon execution of this Fifth Amendment,Operator hereby waives any and all claims
against the City for payments related to reimbursement of its capital contribution or
any and all other claims that arose prior to the execution of this amendment.
5. All other terms,provisions,conditions,covenants and recitals of said Agreement not
expressly amended herein shall remain in full force and effect.
APPROVED FOR APPROVED FOR
CITY OF FORT WORTH: IS CORPORATION,
r
By: By:
Dana Burghdo U Thomas L. Hagerman
Interim Assist nt it y Manager Senior Vice President
Date: c,� 11 Date:
CONTRACT COMPLIANCE MANAGER:
By signing, 1 acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring al performanc and reporting
requireme
Name:
Title:
APPROVED TO FORM AND LEG LITY:
Jessica Sangsv g, S io ssis t �4tt�m
ATTES
By: ! ,.
Mary J Ka er retary
Form 1295:N/A M&C:N/A
Fifth Amendment to Fort Worth City Secretary Contract No.47400 execution copy 10/15/19
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OFFICIAL RECORDL Dc.05165
CITY SECRETARY
FT WORTH,TX