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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