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HomeMy WebLinkAboutContract 37145STATE OF TEXAS SECRETAr?y OUNTIES OF TARRANT r(7N;( C DENTON AND WISE THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 31678 THIS THIRD AMENDMENT to City Secretary Contract No. 31678 (hereinafter "Amendment") is entered into by and between the City of Fort Worth ("City"), a home -rule municipality in the State of Texas, acting through Carl Smart, its duly authorized Acting Assistant City Maria er, and Industrial Hygiene and Safety Technology, Inc. ("Contractor"), by and through / PA its its duly authorized President/Vice-President. WHEREAS, the City and Industrial Hygiene and Safety Technology, Inc. have entered into that certain agreement identified as City Secretary Contract No. 31678 (also the "Contract") commencing on April 1, 2005 and ending March 31, 2006 with two one-year extensions for the provision of industrial hygiene and asbestos assessment services; and WHEREAS, the City has exercised both renewal options; and WHEREAS, on October 24, 2006, the City voted to increase the Not -to -Exceed Amounts for the two renewal option terms as stated in the Mayor and Council Communication C-21792 attached; and WHEREAS, on March 15, 2008, the City voted to increase the Not -to -Exceed Amounts for the second renewal option term as stated in the Mayor and Council Communication C-22760 attached; and WHEREAS, on May 20, 2008, the City voted to increase the Not -to -Exceed Amounts for the second renewal option term as stated in the Mayor and Council Communication C-22811 attached; and WHEREAS, it is the mutual desire of the parties to amend said City Secretary Contract No. 31678, as amended on October 243 2006 and March 153 2008, to increase the Not -to -Exceed Amount for the second renewal term; and WHEREAS, the parties agree that all other conditions, terms and pricing shall remain the same as stated in City Secretary Contract No. 31678. Third Amendment to IHST Agreement C i 0, r� �j� t NOW, THEREFORE, for and inconsideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: 1. Not to Exceed Amount for Contract Term April 1, 2007 through March 31, 2008. Section 6.A., as amended by the First and Second Amendment, shall be further amended to change the Not -to -Exceed Amount for the year beginning April 1, 2007 through March 31, 2008 to be $208,000. 2. Miscellaneous. Nothing contained herein shall be deemed to amend or modify the Contract, except as expressly set forth herein. Any defined term used herein, but not defined herein, shall have that meaning set forth in the Contract. Executed this day of :j l l , 2008. v TH �C'arl Sn�i-t L - Acting Assistant City Manager Approved as to Form and Legality: Christa R`. Lopez Assistant City Attorney Attest: I \ ` Marty Hendrix City Secretary r Third Amendment to IHST Agreement CRL 05.20.08v1 CONTRACTOR -2- h C,4