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HomeMy WebLinkAboutContract 57427-A3R3Third Amendment and Third Renewal of CSC 57427 Page 1 of 5 THIRD AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 57427, A NON-EXCLUSIVE MOWING AND GROUNDS MAINTENANCE SERVICES AGREEMENT FOR PANTHER ISLAND AND RACE STREET CORRIDORS BETWEEN THE CITY OF FORT WORTH AND PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. This THIRD AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NUMBER 57427 Third Amendment and Third Renewal is made and entered into by and between the CITY OF FORT WORTH -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. , A domestic nonprofit corporation, acting by and through its duly authorized representative. WHEREAS, the City and Contractor previously entered into a non-exclusive mowing and grounds maintenance services agreement, the same being City Secretary Contract No. 57427 WHEREAS, the Agreement provided for a primary term of one year, with four (4) subsequent one-year renewal options; WHEREAS, the City and Contractor exercised the First Renewal Option and First Amendment, which expired on November 30, 2023, the same being CSC No. 57427-R1A1; the Amendment to the Agreement allowed for a 5.0% discount on litter only services; WHEREAS, the City and Contractor exercised the Second Renewal Option and Second Amendment, which expired on November 30, 2024, the same being CSC No. 57427-A2R2; the Amendment to the Agreement increased all inventory pricing listed in exhibit B by 3.0% and increased the contract amount from $170,000 to $212,500; WHEREAS, the parties desire to exercise the third one-year renewal term (Third WHEREAS, the Agreement provides for on-call mowing and grounds maintenance services on either an individual or recurring basis at pricing equivalent to comparable areas; WHEREAS, the Contractor desires to provide certain on-call mowing and grounds maintenance services for the City in accordance with the terms of the Agreement and this Third Amendment and Third Renewal; WHEREAS, the parties also desire to amend portions of Section 4, Section 10, Exhibit A, and Exhibit C to update the billing address beginning with the First Renewal Term; and NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor agree to renew and amend the Agreement as follows: Third Amendment and Third Renewal of CSC 57427 Page 2 of 5 I. The City and Contractor hereby agree to renew the Agreement for the Third Renewal Third Amendment and Third II. Section 4.3 is hereby amended by deleting it in its entirety and replacing it with the following: 4.3 Contractor must submit all physical invoices to: City of Fort Worth Park & Recreation Department Attention: Contract Mowing 100 Fort Worth Trail Fort Worth, TX 76102 Electronic invoices may be sent to the following email addresses: CFWMowing@FortWorthTexas.gov & SupplierInvoices@FortWorthTexas.gov III. Section 10.1 is hereby amended by deleting it in its entirety and replacing it with the following: 10.1 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given will be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: CONTRACTOR: City of Fort Worth Presbyterian Night Shelter of Tarrant County Inc. Park & Recreation Director P.O. Box 2645 100 Fort Worth Trail Fort Worth, TX 76113 Fort Worth, TX 76102 With copies to: City of Fort Worth Third Amendment and Third Renewal of CSC 57427 Page 3 of 5 100 Fort Worth Trail Fort Worth, Texas 76102 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. IV. Exhibit A, Section XVII STREET USE PERMIT subsection 1 is hereby amended by deleting it in its entirety and replacing it with the following: 1. Contractor will be required to obtain a "Street Use Permit" prior to starting work. Contact Parkway Services Division: 100 Fort Worth Trail, Fort Worth TX 76102 (817) 392- 6594 for inquiries regarding permit. V. Exhibit C, Section 10.2 is hereby amended by deleting it in its entirety and replacing it with the following: 10.2 Affidavit must be received before Contractor can begin work. Failure to supply and maintain such insurance will be a breach of contract. Contractor will provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No. 22-0024 100 Fort Worth Trail Fort Worth, Texas 76102 VI. 1. All other terms and conditions of the Agreement remain in full force and effect except as specifically set forth in this Third Amendment and Third Renewal. 2. All terms of this Third Amendment and Third Renewal that are capitalized but not defined herein have the meanings assigned to them in the Agreement. Third Amendment and Third Renewal of CSC 57427 Page 4 of 5 IN WITNESS WHEREOF,the City and Contractor have executed this Third Amendment and Third Renewal to be effective on December 1, 2024. CITY OF FORT WORTH PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. By: By: Jesica L. McEachern Dr. Daryl Davis Assistant City Manager VP of Workforce & Career Development Recommended by: Richard Zavala, Director Park & Recreation Department Joel W. McKnight, Assistant Director Park & Recreation Department APPROVED AS TO FORM AND LEGALITY: ______________________________ Trey Qualls Assistant City Attorney ATTEST: ______________________________ Jannette S. Goodall City Secretary M&C: 22-0143 (March 8, 2022) Form 1295: 2022-843062 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. Christopher Swindle Sr. Contract Compliance Specialist Third Amendment and Third Renewal of CSC 57427 Page 5 of 5 EXHIBIT B-1 ON-CALL MOWING AND GROUNDS MAINTENANCE SERVICES Location Description 30 Day Unit Cost Per Crew CITYWIDE 1 Crew of 4 Personnel to Perform Litter Sweeps, Includes Proper Disposal $16,329.38