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CM-2017-1461 - 8/18/2017TERM RENEWAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY MOWING SERVICES WITH RED & WHITE GREENERY, INC." CITY OF ROUND ROCK ) STATE OF TEXAS ) COUNTY OF WILLIAMSON ) COUNTY OF TRAVIS ) KNOW ALL BY THESE PRESENTS: This Tenn Renewal Agreement No. 2 to "City of Round Rock Agreement for Right -of - Way Mowing Services with Red & White Greenery, Inc." hereinafter called the "Renewal Agreement," is made by and between the City of Round Rock, Texas, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664- 5299, hereinafter called "City," and Red & White Greenery, Inc., a Texas corporation whose offices are located at 5324 Highway 29 East, Georgetown, Texas 78626, hereinafter called "Services Provider." WHEREAS, City and Services Provider executed the referenced "Agreement for Purchase of Right -of -Way Mowing Services with Red & White Greenery, Inc.," hereinafter called the "Agreement," on September 12, 2013, by Resolution No. R -13-09-12-H9; and WHEREAS, pursuant to Section 2.01(B) of the Agreement, the initial term of the Agreement was for thirty-six (36) months with two (2) allowable successive twelve (12) month renewal periods from the effective date of the Agreement; and WHEREAS, the initial term of the Agreement expired on September 12, 2016; and WHEREAS, City and Services Provider previously extended the Agreement for the first allowable twelve (12) month renewal term; and WHEREAS, the parties desire to extend the term of the Agreement for the second and final twelve (12) month renewal term; NOW THEREFORE, premises considered, and in consideration of the mutual promises and obligations in the Agreement and this Renewal Agreement, the City and Services Provider agree as follows: I. Pursuant to Section 2.01(B) of the Agreement, the term of the Agreement is renewed for the second and final allowable twelve (12) month renewal period. The twelve (12) month renewal term shall commence upon expiration of the first renewal terki of the Agreement. C�M- 2007 /yrtP/ 00380522/ss2 II. This Renewal Agreement embodies the second and final of the two (2) allowable twelve (12) month renewal periods and shall extend the original Agreement as to time only with no other changes in teens or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Services Provider have executed this Renewal Agreement to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS ATTEST: By: Sara E. hite, City Clerk FO4CIT, OVE AS TO FORM: By:.Sheets, City Attorney RED & WHITE GREENERY, INC. By.Qae-erZ' �Gaar Printed N e: Jason Fuller Title: President Date Signed: 07/25/17 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing Term Renewal Agreement No. 2 to "City of Round Rock Agreement for Purchase of Right -of -Way Mowing Services with Red & White Greenery, Inc." Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/18/2017 Dept Director: Rick Atkins, Director Cost: $30,400.00 Indexes: General Fund Attachments: LAF - Term Renewal No. 2 with Red White Greenery, Inc.pdf, Back -Up - Term Renewal No. 2 with Red White Greenery, Inc. (00383118xA08 F8). pdf Department: Parks and Recreation Department Text of Legislative File CM -2017-1461 Consider executing Term Renewal Agreement No. 2 to "City of Round Rock Agreement for Purchase of Right -of -Way Mowing Services with Red & White Greenery, Inc." Contract mowing services for Parks and Recreation for purchase of Right of Way mowing services from Red & White Greenery, Inc. This represents right of way mowing inside the city limits along 1-35 from Westinghouse on the North side to southern city limits near 1-35 and Picadilly, and along Highway 79 from 1-35 east to the city limits near Red Bud Lane. This is approximately 200 acres and the number of mowing cycles ranges from one to two depending on the amount of mowing TXDOT schedules during a budget cycle. During the wildflower season it is typical to instruct contracted mowing service providers to allow wildflowers to grow until they go to seed. Cost: $30,400.00 Source of Funds: General Fund City of Round Rock Page 1 Printed on 8118/2017