22-092FILE REFERENCE FORM
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Awarded contract by ordinance 18-1066 07/17/2018 CW
First Amendment 08/05/2021 CW
Amended by Ordinance 22-092 01/11/2022 CW
22-092
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, ,A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND MAINTAINING THE COMMON
GROUND, LLC, AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JULY
17, 2018, IN THE NOT -TO -EXCEED AMOUNT OF $575,000.00; AMENDED BY
AMENDMENT 1 APPROVED BY PURCHASING; SAID SECOND AMENDMENT TO
PROVIDE MOWING AND MAINTENANCE SERVICES FOR THE PARKS AND
RECREATION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6627 — PROVIDING FOR AN
ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED
$56,135.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $680,135.00).
WHEREAS, on July 17, 2018, by Ordinance No. 18-1066, the City awarded a contract to
Maintaining the Common Ground, LLC, in the amount of $575,000.00, to provide mowing and
maintenance services for the Parks and Recreation Department; and
WHEREAS, on August 5, 2021, Purchasing awarded a First Amendment to Maintaining the
Common Ground, LLC, in the amount of $49,000.00, for additional mowing and maintenance
services; and
WHEREAS, the additional fees under the proposed Second 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 Second Amendment, increasing the amount of the contract between the
City and Maintaining the Common Ground, LLC, which is on file in the office of the Purchasing
Agent, in the amount of Fifty -Six Thousand One Hundred Thirty -Five ($56,135.00) Dollars, is
hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said
amendment which shall be attached hereto. The total contract amount increases to $680,135.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by 'grio,^ and
seconded by O 1, s 4 N . This ordinance was passed and approved by the
following vote L - 0 1:
Aye Nay
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:
PASSED AND APPROVED this the ) l -+- day of
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
1 ry DN: cn=Marcella Lunn, o,
BY. em � i l� ' l City of Denton,
� email=marcella.lunn@ci ofdent
ou=on.com, c=US
Date: 2021.12.2911:16:45 -06'00'
Abstain Absent
GERARD HUDSPETH, MAYOR
2022.
DocuSign Envelope ID: 7B6DE29D-C93D-48E3-B9E2-CC67D8D7287A
I CITY
DENTON
Docusign City Council Transmittal Coversheet
RFP
6627
File Name
Mowing & Maintenance services
Purchasing Contact
Erica Garcia
City Council Target Date
JANUARY 11, 2022
Piggy Back Option
Yes
Contract Expiration
JANUARY 16, 2022
Ordinance
22-092
DS
DocuSign Envelope ID: 7B6DE29D-C93D-48E3-89E2-CC67D8D7287A
THE STATE OF TEXAS
COUNTY OF DENTON
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND MAINTAINING THE COMMON GROUND, LLC 6627
THIS SECOND AMENDMENT TO CONTRACT 6627 (this "Amendment") by
and between the City of Denton, Texas ("City") and Maintaining the Common Ground,
LLC ("Contractor") to that certain contract executed on July 17, 2018, in the original not -
to -exceed amount of $575,000 (the "Original Agreement"); amended on August 5, 2021
in the additional amount of $49,000 aggregating a not -to -exceed amount of $624,000 (the
"First Amendment"); (collectively, the Original Agreement and the First Amendment are
the "Agreement") for services related to mowing & maintenance 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 $56,135 with this Amendment for an aggregate not -to -exceed
amount of $680,135; 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 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 $56,135
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 $680,135.
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
Amendmen>/bly� gjhrough their respective duly authorized representatives and officers
on this date
DocuSign Envelope ID: 7B6DE29D-C93D-48E3-B9E2-CC67D8D7287A
"CONTRACTOR"
Mainta�ni?ct]41h(e: Common Ground, LLC
By:FAanw' (,wp�c,(.(,
XMMYED SIGNATURE, TITLE
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
FDOCUSIgned
by:
r�c �+j
By: H
SARA HENSLEY, INTERIM CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
[DocuSigned by:
R~R:�By1CSCA8C5E175493...
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DocuSined by:
By:LL",
�a�,Uan &
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
�DocuSlgnedAA''by��: AA 11 AA
PSV
SIGNATURE
Gary Packan
PRINTED NAME
Director of Parks and Recreation
TITLE
Parks and Recreation
DEPARTMENT
2