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HomeMy WebLinkAboutContract 53708-A4R4CSC No. 53708-A4R4 FOURTH AMENDMENT AND FOURTH RENEWAL OF CITY SECRETARY CONTRACT NO. 53708, A NON-EXCLUSIVE M NG AND GROUNDS MAINTENANCE SERVICES AGREEMENT FOR SOUTHWEST RIGHT-OF-WAYS BETWEEN THE CITY OF FORT WORTH AND ABESCAPE GROUP LLC. This FOURTH AMENDMENT AND FOURTH RENEWAL OF CITY SECRETARY CONTRACT NUMBER 53708 ("Fourth Amendment and Fourth Renewal") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and ABESCAPE GROUP LLC. ("Contractor"), a Texas limited liability corporation, acting by and through its duly authorized representative. WHEREAS, the City and Contractor entered into a non-exclusive mowing and grounds maintenance services agreement, the same being Fort Worth City Secretary Contract ("CSC") Number 53708 ("Agreement"); WHEREAS, the primary term of the Agreement expired on November 30, 2020 and includes four (4) one-year renewal options; WHEREAS, the City and Contractor exercised the First Renewal Option and First Amendment, which expired on November 30, 2021 the same being CSC No. 53708-R1A1; the Amendment to the Agreement added new inventory and modified existing inventory; WHEREAS, the City and Contractor exercised the Second Renewal Option and Second Amendment, which expired on November 30, 2022, the same being CSC No. 53708-R2A2; the Amendment to the Agreement increased all inventory pricing by 3.0%; WHEREAS, the City and Contractor exercised the Third Renewal Option and Third Amendment, which expires on November 30, 2023, the same being CSC No. 53708-R3A2; the Amendment to the Agreement increased all inventory pricing by 5.0% and discounted litter only services by 5.0%; WHEREAS, the parties desire to exercise the fourth one-year renewal term, effective beginning on December 1, 2023 and ending on November 30, 2024; WHEREAS, the City authorized an increase to the overall contract amount for grounds maintenance and mowing services from $3,000,000 to $3,750,000 through M&C 23-0960; WHEREAS, Contractor requested a unit price increase of 8.0% for work that it performs at certain locations throughout the City; and NOW, THEREFORE, the City and Contractor agree to renew and amend the Agreement for as follows: OFFICIAL RECORD I• CITY SECRETARY FT. WORTH, TX The City and Contractor agree to renew and amend the Agreement for the fourth renewal term of one year, effective beginning on December 1, 2023 and ending on November 30, 2024. Fourth Amendment and Fourth Renewal of CSC 53708 Page 1 of 3 II. 1. Section 2.2 of the Agreement is hereby amended to read: Contractor understands and agrees that the City will award non-exclusive agreements to multiple bidders for mowing and grounds maintenance services as outlined in City of Fort Worth Bid solicitation ITB/RFP no. 20-0043. The overall amount for all agreements awarded is up to Three Million Seven -Hundred and Fifty Thousand dollars ($3,750,000). Contractor has been awarded a non-exclusive agreement for Services to be performed at City Facilities and Parks, which are more specifically identified in Exhibit B, which is attached hereto and incorporated herein for all purposes. Contractor further understands and agrees that the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this Agreement. All unit prices in Exhibit B of the Agreement, including any previous On -Call amendments if applicable, pertaining to grounds maintenance are hereby amended to increase the pricing by 8.0% for all locations set forth in ITB/RFP No. 20-0043. IV. 1. All other terms and conditions of the Agreement remain in full force and effect except as specifically set forth in this Fourth Amendment and Fourth Renewal. 2. All terms of this Fourth Amendment and Fourth Renewal that are capitalized but not defined have the meanings assigned to them in the Agreement. [SIGNATURES ON FOLLOWING PAGE] Fourth Amendment and Fourth Renewal of CSC 53708 Page 2 of 3 IN WITNESS WH REOF, the City and Contractor have executed this Fourth Amendment and Fourth Renewal to be effective on December 1, 2023. CITY OF FORT WORTH Jesica L. McEachern Assistant City Manager Recommended by: Richard Zavala, Director Park & Recreation Department Sandra You od (Nov 17, 202312:05 CST) Sandra Youngblood, Assistant Director Park & Recreation Department BESCAPE GROUP LLC. By: Abraham Herrera (Nov 17, 2023 13:12 MST) Abraham Herrera Owner APPROVED AS TO FORM AND LEGALITY: Nico Arias (Nov 20, 2023 20:23 CST) Nico Arias Assistant City Attorney 0 4UORq ATTEST: J4gnR6644 Jannette S. Goodall City Secretary M&C: 20-0155 (March 17, 2020) Form 1295: 2020-601294 Contract Compliance Manager By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract including ensuring all performance and reporting requirements. kA %10- Christopher Swindle (Nov 16, 202314:17 CST) Christopher Swindle Sr. Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fourth Amendment and Fourth Renewal of CSC 53708 Page 3 of 3