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HomeMy WebLinkAboutContract 44116-R2 CITY SECREfAIT CWRACT NO, SECOND RENEWAL AND SECOND AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 44116 ADOPT-A-PARK AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES This SECOND RENEWAL AND SECOND AMENDMENT OF CITY SECRETARY CONTRACT NO. 44116 ("Second Renewal and Second Amendment") 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 Harvest Ridge Home Owners Association, Inc. ("HOA"), a Texas non-profit corporation, acting by and through its duly authorized Vice President. WHEREAS, City and HOA entered into an Adopt-A-Park Agreement for Maintenance and Landscaping Services for Harvest Ridge Park, the same being Fort Worth City Secretary Contract ("CSC") Number 44116,pursuant to which HOA provides support of the Park; WHEREAS, the initial term of CSC No. 44116 was for one year from October 1, 2012 through September 30, 2013,and provides for two, one-year renewals; WHEREAS, the parties exercised the first renewal term, which expired on September 30, 2014, and amended its liability and insurance requirements, said contract being CSC 44116-R1 (collectively, CSC 44116 and CSC 44116-R1 are hereinafter referred to as the "Agreement"); WHEREAS, the parties wish to amend the Agreement to revise the renewal periods moving forward and exercise a second renewal option in accordance with the revised renewal period; WHEREAS, the I-IOA was previously incorrectly identified as Harvest Ridge Homeowner's Association, Inc. in the Agreement; WHEREAS, the HO A's true and correct legal name is Harvest Ridge Home Owners Association, Inc., which in no way affects the rights, duties, and responsibilities of any parry to the Agreement and is intended only to clarify the true name of the HOA and is not intended to affect or m modify any substantive provision of the Agreement;and C-) m Z NOW, THEREFORE, City and HOA agree to renew, amend, and extend the Agreement M as follows: I. AMENDMENTS ..a ;= CA 1. The HOA's true and correct legal name shall be amended to read "Harvest Ridge Home Owners Association, Inc." which shall in no way affect the rights, duties, and responsibilities of any parry to the Agreement, this Second Renewal and Second Amendment, and/or any future amendment or renewal agreement then in effect, and is intended only to clarify the true name of the HOA,and is not intended to affect or modify any substantive provision of the Agreement. 2. Section 2.01 of the Agreement tided, "Term of the Agreement" is amended, in whole, to read as follows: /� Second Renewal and Second.Amendment of CSC 44116 OFFICIAL RECORD Page 1 of 4 CITY SECRETARY FT.!NORTH, TX 2.01. The primary term of this Agreement is for a term of one year effective beginning on the 1" day of October 2012, and ending on the 30'' day of September 2013. The primary term may be renewed by mutual agreement between the HOA and the City for one additional year and, thereafter, for two successive two-year terms (October 1, 2013 through September 30, 2014; October 1, 2014 through September 30, 2016; and October 1, 2016 through September 1, 2018) under the same terms and conditions of this Agreement. The HOA must advise the City, in writing, of its intent to renew this Agreement at least 30 days, but no earlier than 90 days, prior to the termination date of the initial one-year term or the applicable renewal terms. II. RENEWAL 1. The City and HOA hereby agree to renew and extend the Agreement for a two-year renewal period, effective beginning on October 1, 2014 and expiring on September 30, 2016 ("Second Renewal Term"). 2. The funding provided by the City pursuant to Section 4.01(ii) for the period October 1, 201.4 through September 30,2015 shall be NINE THOUSAND FOUR HUNDRED EIGHT DOLLARS AND NO CENTS ($9,408.00), which shall be allocated in accordance with the attached Exhibit f (incorporated herein by reference). 3. The funding provided by the City pursuant to Section 4.01(ii) of the Agreement for the period October 1, 2015 through September 30, 2016 remains TO BE DETERMINED but shall be an amount equivalent to the funds authorized by the annual City budget adopted by the Fort Worth City Council for basic grounds maintenance in the Park as would ordinarily be conducted by the Parks and Community Services Department. III. MISCELLANEOUS 1. All terms in this Second Renewal and Second Amendment 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 this Second Renewal and Second Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parities heret have e ecuted this Agreement in multiples in Fort Worth,Tarrant County,Texas, this day of , 2015. CITY OF FORT WORTH HARVEST RIDGE HOME OWNERS ASSOCIATION, INC. By: r—' By: SLsan Alanis George ink '---Assistant City Manager Vice President OFFICIAL RECORD Second Renewal and Second Amendment of CSC 44116 CITY SECRETARY Pagc 2 of 4 FT.WORTH,TX APPROVED AS TO FORM AND LEGALITY: Tyler all Assi ity Attorney s ATTEST: ®R r _ o ity Secre g 8 NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Renewal and Second Amendment of CSC 44116 Page 3 of 4 EXHIBIT;C BUDGET ALLOCATION TERM FUNDING SHEET Harvest Ridge Park FORT WORTH CITY FISCAL YEAR 2015 Park Maintenance Budget Allocation (7/14 PARKS AND C°NM.-O Y""VIC" day cycles and 7/21 day cycles) Function Unit Quantity #Cycles Cost/unit Extension Park Mowing Acres 6.37 14 $ 25.00 $ 2,230 Litter Pickup Acres 6.37 52 $ 10.08 $ 3,339 Creek Cleaning LF 0 0 $ - $ - Operating Supplies Ea 1 $ 500.00 $ 500 Park Maintenance-Other(Labor to address illegal dumping, post/cable repair, sign installation, etc.) Acres 6.37 52 $ 10.08 $ 3,339 Tota I $9,408.00 Second Renewal and Second Amendment of CSC 44116 Page 4 of 4