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HomeMy WebLinkAboutContract 49902-A1R5 CSC No. 49902-A1 R5 FIRST AMENDMENT AND FIFTH RENEWAL OF CITY SECRETARY CONTRACT NO.49902 A PARK MANAGEMENT SERVICES AGREEMENT FOR GENERAL WORTH SQUARE PARK This FIRST AMENDMENT AND FIFTH RENEWAL OF CITY SECRETARY CONTRACT NUMBER 49902 ("First Amendment and Fifth 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 DOWNTOWN FORT WORTH INITIATIVES,INC. ("DFWII"), a Texas nonprofit corporation, acting by and through Andrew M. Taft, its duly authorized President. City and DFWII are referred to herein individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on October 1, 2017, the City and DFWII entered into an agreement for park management services at General Worth Square Park, the same being Fort Worth City Secretary Contract ("CSC")Number 49902 ("Agreement"); WHEREAS,the Agreement provides for a primary term of one year, with ten (10) optional one- year renewal terms (each a"Renewal Term"); WHEREAS,the Parties previously exercised four one-year renewal options,the same being CSC Nos. 49902-R1,49902-R2, 49902-R3,and 49902-R4(CSC Nos. 49902,49902-R1,49902-R2,49902-R3, and 49902-R4 are collectively referred to as the "Agreement"); WHEREAS, funding for each Renewal Term is based on an amount up to the equivalent of the annual City budget adopted by the Fort Worth City Council for basic grounds maintenance and landscaping and other services in the Park as would ordinarily be conducted by the City's Park & Recreation Department; WHEREAS, the Parties wish to amend the Agreement to address annual Consumer Price Index increases; WHEREAS, it is the collective desire of the Parties to extend the Agreement through the Fifth Renewal Term;and NOW, THEREFORE,the City and DFWII agree to amend and renew and extend the Agreement as follows: I. 1. Section 3 "Compensation and Payments", is hereby amended to add subsection 3.1.4 to read as follows: 3.1.4 Requests to annually increase funding, in an amount not to exceed the Consumer Price Index issued by the United States Bureau of Labor Statistics covering All Urban Consumers for the Dallas/Fort Worth,Texas Region, or if this index ceases to be published,then a comparable index ("CPI"), on a reimbursement basis, must be approved by the Park & Recreation Director or his designee, 30 days prior to October Pt of each year. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX First Amendment and Fifth Renewal of CSC 49902 3 2. The funding provided by the City pursuant to Section 3 of the Agreement for the Fifth Renewal Term shall be Thirty Thousand Six Hundred Thirty Dollars and Eleven Cents ($30,630.11). All reimbursements and payments associated with the funding will be made pursuant to the terms and conditions set forth in the Agreement. H. The City and DFWII hereby agree to renew and extend the Agreement for the Fifth Renewal Term of one(1)year,effective beginning on October 1,2022 and ending on September 30,2023 ("Fifth Renewal Term"). III. 1. All other terms and conditions of the Agreement remain in full force and effect except as specifically set forth in this First Amendment and Fifth Renewal. 2. All terms of this First Amendment and Fifth Renewal that are capitalized but not defined have the meanings assigned to them in the Agreement. (Signature page follows) First Amendment and Fifth Renewal of CSC 49902 Page 2 of 3 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment and Fifth Renewal to be effective on October 1,2022. City: DFWII: By: � By: Andrew M.Taft(Sep 29,2022 15:37 CDT Name: Jesica McEachern Name: Andrew M. Taft Title: Assistant City Manager Title: President Date: OCt 10) 2022 Date: Sep 29, 2022 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all By: low performance and reporting requirements. Name: Dave Lewis Title: Acting Director Park&Recreation Department _ By: Name: Clinton Wyatt By. Sandra Youn d(Sep29,202213:06CDT) Title: District Superintendent Name: Sandra Youngblood Park&Recreation Department Title: Assistant Director Park&Recreation Department pp�G�4cORr� a O*� ' o 00000 4 qq Approved as to Form and Legality: City Secretary: a J6 ���d ��00=d O0 o (��— �a.ure�te s � r7�GG �� qBy. Nico Arias(Sep 26,202213:35 CDT) By. Jan S.Goodall(Oc 11,2022t 07:55 CDT) 0000000000q 1 Name: Nico Arias Name: Jannette S.Goodall a�nEXASa� Title: Assistant City Attorney Title: City Secretary Contract Authorization: M&C: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Fifth Renewal of CSC 49902 Page 3 of 3