22-077ORDINANCE NO. 22-077
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND ELITE TREE SERVICE, L.L.C.,
AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON NOVEMBER 6, 2018, IN
THE NOT -TO -EXCEED AMOUNT OF $350,000.00; SAID FIRST AMENDMENT TO
CONTINUE TO PROVIDE TREE TRIMMING AND REMOVAL FOR CITY DEPARTMENTS
NEEDING SUCH WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (IFB 6870 — PROVIDING FOR AN ADDITIONAL
FIRST AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $87,500.00, WITH THE
TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $437,500.00).
WHEREAS, on November 6, 2018, City Council awarded a contract to Elite Tree Service,
L.L.C. in the amount of $350,000.00, for tree trimming and removal services for Parks and
Recreation and other City of Denton Departments; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
Provider's profession, and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and Elite Tree Service, L.L.C., which is on file in the office of the Purchasing Agent, in the amount
of Eighty -Seven Thousand Five Hundred and 0/100 ($87,500.00) Dollars, is hereby approved, and
the expenditure of funds therefor is hereby authorized in accordance with said amendment which
shall be effective upon the execution of the amendment attached hereto. The total contract amount
increases to $437,500.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by c ; a.n Qlk,, and
seconded by Prj ;-> o Mau 0, C e . This ordinance was passed and approved by the
following vote [Z - ��s
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:
Aye Nay
Abstain Absent
PASSED AND APPROVED this the � 1� day of 7:S' ---�Uc to 92022.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella
Lunn
DN: cn=Marcella Lunn, o,
4 , 6� t1_jn ' ou=City of Denton,
BY: A1dIR � remail=marcella.lunn@cityofd
—entoncom--US---
Date: 2021.12.2911:08:03
-06'00'
.,.D MAYOR
DocuSign Envelope ID: 50ACB6E0-76F8-447D-B166-C06A44FE2CE2
OIFL
DENTON
Docusign City Council Transmittal Coversheet
zFB
6870
File Name
Tree Trimming & Removal services
Purchasing Contact
Erica Garcia
City Council Target Date
JANUARY 11, 2022
Piggy Back Option
Yes
Contract Expiration
NOVEMBER 6, 2023
Ordinance
22-077
E
DocuSign Envelope ID: 50ACB6E0-76FB-447D-8166-C06A44FE2CE2
THE STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND ELITE TREE SERVICE, L.L.C. 6870
THIS FIRST AMENDMENT TO CONTRACT 6870 (this "Amendment") by and
between the City of Denton, Texas ("City") and ELITE TREE SERVICE, L.L.C.
("Contractor") to that certain contract executed on November 6, 2018, in the original not -
to -exceed amount of $350,000 (the "Agreement"); for services related to the Tree
Trimming & Removal Services
WHEREAS, the City deems it necessary to further expand the services provided by
Contractor to the City pursuant to the terms of the Agreement, and to provide an additional
not -to -exceed amount $87,500 with this First Amendment for an aggregate not -to -exceed
amount of $437,500; and
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
WHEREAS, the original not -to -exceed amount may not be increased by more than
25.0% as provided in Texas Local Government Code Sec. 252.048; and
NOW THEREFORE, the City and Contractor (hereafter collectively referred to as the
"Parties"), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional $87,500
for additional services and materials to be provided in accordance with the terms of
the Agreement with a revised aggregate not -to -exceed total of $437,500.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Contractor, have each executed this
Amendment, bylalnd th2rrough their respective duly authorized representatives and officers
on this date
DocuSign Envelope ID: 50ACB6E0-76F8-447D-B166-C06A44FE2CE2
"CONTRACTOR" "CITY"
ELIT�LT9 ,,Sj,RVICE, L.L.C. CITY OF DENTON, TEXAS
By: �V A Texas Municipal Corporation
1,9=Q9:g0WAn3A-- , F DocuSigned by:
AUTHORIZED SIGNATURE, " H4aey
TITLE By:
ATTEST:
ROSA RIOS, CITY SECRETARY
,DocuSigned by:
Pl~ pl ."
By 1C.F( AA(AF175AQA
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DocuSigned by:
B A.aVu,(A �,u�.w
y:
ARMAZ1 RAAAAAA
2
SARA HENSLEY, INTERIM CITY MANAGER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
CDocuSigned by:
P Gary Packan
A 9RA4264M ..
SIGNATURE PRINTED NAME
Director of Parks and Recreation
TITLE
Parks & Recreation
DEPARTMENT