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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