HomeMy WebLinkAboutContract 31749-A3R2CSC No. 31749-A3R2
THIRD AMENDMENT AND SECOND RENEWAL OF
CITY SECRETARY CONTRACT NO. 31749,
A LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
CHILD CARE ASSOCIATES, INC.
This THIRD AMENDMENT AND SECOND RENEWAL OF CITY SECRETARY
CONTRACT NUMBER 31749, ("Third Amendment and Second Renewal") is made and entered into by
and between the CITY OF FORT WORTH, Texas, a home -rule municipal corporation of the State of
Texas ("City"), acting by and through its duly authorized Assistant City Manager, and CHILD CARE
ASSOCIATES, a Texas non-profit corporation ("CCA"), acting by and through its duly authorized
representative. City and CCA are herein referred to individually as a ("Party") and collectively as the
("Parties").
WHEREAS, effective June 1, 2005, City and CCA entered into a license agreement to memorialize
CCA's encroachment and use of .24 acres of the city -owned park known as Lincoln Park located at 2922
Lincoln Ave, Fort Worth, TX 76106, for recreational purposes, the same being City Secretary Contract
("CSC") Number 31749 ("Agreement");
WHEREAS, the Agreement provides a primary term of ten years and two five-year renewal terms
(each a "Renewal Term");
WHEREAS, on November 28, 2007, the Parties amended the Agreement to provide CCA and its
patrons and employees with temporary use of the parking area associated with Lincoln Park, as set forth in
Exhibit A-1, attached hereto, the same being CSC No. 36173 (CSC Nos. 31749 and 36173 are collectively
referred to herein as the "Agreement");
WHEREAS, on July 1, 2015, the Parties amended the Agreement to include additional termination
language and exercised the first renewal term;
WHEREAS, City and Adopter wish to amend the Agreement to provide updated contract language
to: Section 14 "Notices", Section 20 "Prohibition on Boycotting Israel", Section 21 "Immigration
Nationality Act", and Section 22 "Electronic Signatures";
WHEREAS, the Parties wish to amend the Agreement to provide detailed maintenance
responsibilities for each Party;
WHEREAS, the first renewal term expired on May 31, 2020;
WHEREAS, the Parties mutually acknowledge that each Party has continued to perform in
accordance with the terms and conditions as if the Agreement is in full force and effect;
WHEREAS, it is the collective desire of the Parties to extend the Agreement through the second
renewal term; and
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties
hereby agree to amend and renew and extend the Agreement as follows:
I.
Section 5, subsection 5.01 of the Agreement hereby amended to include the following:
5.01 Licensee will pick up litter on a weekly basis and will prioritize mid -week trash
OFFICIAL RECORD
Third Amendment and Second Renewal to CSC No. 31749 CITY SECRETARY 1 of 5
FT. WORTH, TX
pick-up activities, preferably on Wednesdays and Thursdays. Mondays and Fridays will be
dedicated for park maintenance tasks conducted by City's designated crews.
2. Section 5, is hereby amended to add subsection 5.03 to read as follows:
5.03 City will only provide base level maintenance to the licensed premises. Base level
maintenance may include: mowing and litter removal on the City's normal schedule (14-day cycle during
the peak season and a 21-day cycle during the off-peak season); not operating any irrigation systems; and
removal, but not replacement of trees, shrubs or plantings that are dead, dying, or diseased.
3. Section 14 of the Agreement, "Notices", is hereby amended to provide an update address
for Adopter to read as follows:
kara.waddella,childcareassociates.or2
4. The Agreement is hereby amended to include Section 20 "Prohibition on Boycotting
Israel", to be read as follows:
20.01 If Adopter has fewer than 10 employees or this Agreement is for less than
$100,000, this section does not apply. Adopter acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Adopter certifies that Adopter's signature provides written verification
to the City that Adopter: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the Agreement.
5. The Agreement is hereby amended to include Section 21 "Immigration Nationality Act",
to be read as follows:
21.01 Adopter must verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-9).
Upon request by City, Adopter must provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Adopter must adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Adopter employee who is not legally eligible to perform such services. ADOPTER
MUST INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ADOPTER,
ADOPTER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Adopter, will have the right to immediately terminate this Agreement for violations of this
provision by Adopter.
6. The Agreement is hereby amended to include Section 22 "Electronic Signatures", to be
read as follows:
22.01 This Agreement may be executed by electronic signature, which will be considered as an
original signature for all purposes and have the same force and effect as an original signature. For these
purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file
or facsimile transmission) of an original signature, or signatures electronically inserted via software such
as Adobe Sign.
Third Amendment and Second Renewal to CSC No. 31749 2 of 5
II.
City and CCA hereby agree to renew the Agreement through the second renewal term to be
effective beginning on June 1, 2020 and ending on May 31, 2025.
1. All terms of this Third Amendment and Second Renewal that are capitalized but not
defined shall have the meanings assigned to them in the Agreement.
2. All terms and conditions of the Agreement that are not expressly amended pursuant to the
Third Amendment and Second Renewal shall remain in full force and effect.
(Signatures on following page)
Third Amendment and Second Renewal to CSC No. 31749 3 of 5
IN WITNESS WHEREOF, the Parties have executed this Third Amendment and Second Renewal
in multiples.
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By:
Name: Jesica McEachern
Title: Assistant City Manager
Date:
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By: Kara Waddell (Aug 29, 202317:15 CDT)
Name: Kara Waddell
Title: President and CEO
Date:
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
By: administration of this contract, including
Name: Dave Lewis ensuring all performance and reporting
Title: Acting Director requirements.
Park & Recreation Department
By: Sandra You od (Aug 29, 202317:58 CDT)
Name: Sandra Youngblood
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
NimArias jAug 15,202310:22 CDT)
Flame: Nino Arias
Title: Assistart City Attorney
Contract Authorization:
M&C: N/A
Form 1295: N/A
By:
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Name:
OmotaOyo O. Ajayi
Title:
District Superintendent
Park & Recreation Department
City Secretary:
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By:
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Name:
Jannette S. Goodall
Title:
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A-1
PREMISES =
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