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HomeMy WebLinkAboutContract 44189-A2 CITY SECRETA r , I CONTRACT K"- STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44189 THIS SECOND AMENDMENT to City Secretary Contract No. 44189 is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Intercon Environmental, Inc. ("Contractor"), acting through Karen Andrews, its duly authorized President. WHEREAS, the City and Intercon Environmental, Inc. have entered into that certain agreement identified as City Secretary Contract No. 44189 (also the "Contract") commencing on February 18, 2013 for services involving structural demolition and removal, transportation, and disposal of asbestos containing materials as authorized by Mayor and Council Communication C-26017; and WHEREAS, Mayor and Council Communication C-26017 provides for the extension of the term of the agreement for up to three additional periods of one year each; and WHEREAS, municipal contracts for services are exempt from the provisions of Chapter 252 of the Texas Local Government Code under the General Exemption provided for procurements necessary to preserve or protect the public health or safety of a municipality's residents; and WHEREAS, the First Amendment to City Secretary Contract No. 44189 (44189-A1) provided for the first annual contract term renewal commencing on February 25, 2014 and amended other terms and conditions of the agreement,- and WHEREAS, the parties wish to extend the term of the contract for an additional year (third of four) and sufficient funds have been appropriated; and m r'n WHEREAS, Mayor and Council Communication C-27107 authorized an increase in the ,M aggregate annual maximum amount for all contracts issued under authority of Mayor and Council Communication C-26017 from $650,000 to $812,500; and m m r, WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the same as stated in City Secretary Contract No. 44189 as amended by City Secretary CR Contract No. 44189-A1, and that in the event of any conflict the terms and conditions of City Secretary Contract 44189-A1 shall prevail; OFFICIAL RECORD Second Amendment to Contract#44989 CITY SECRETARY Page 9 of 3 Intercon Environmental, Inc. FT. WORTH, TX NOW, THEREFORE, for and in consideration 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. Extended term of contract: City Secretary Contract number 44189 as amended by City Secretary Contract nurriber 44189-A1 is extended to include the term beginning February 25, 2015 and ending February 24, 2016. 2. Compensation Not to Exceed Amount: Total compensation for this contract and all other contracts issued under authority of Mayor and Council Communication C-26017 shall not exceed eight hundred twelve thousand five hundred dollars ($812,500.00) for the term of this amendment. 3. Miscellaneous: All other definitions, terms, and conditions of City Secretary Contract number 44189 as amended by City Secretary Contract No. 44189-A1 shall remain unchanged except as expressly set forth herein, however in the event of any conflict between City Secretary Contracts 44189 and 44189-A1, the terms and conditions of City Secretary Contract 44189-A1 shall prevail. The remainder of this page is intentionally left blank OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Second Amendment to Contract#44189 Page 2 of 3 Intercon Environmental, Inc. SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44189 IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR Intercon Environmental, Inc. BY- Fernando Costa Karen Andrews Assistant City Manager President Date Signed: -22 R M EN WITNESS: ichael A. G e Assistant Dir Transportation and Public Works APPROVED AS TO FORM AND LEGALITY: Q� Arthur N. Bashor Assistant City Attorney ° O ATT T: �_ �� 99�p aKy J. a r,: °�°° °°° Of FICIAL RECORD City Secretary ZX AS CITY SECRETARY FT. WORTH, TX Second Amendment to Contract#44189 Page 3 of 3 Intercon Environmental, Inc.