R-2017-4788 - 10/12/2017 RESOLUTION NO. R-2017-4788
WHEREAS, the City of Round Rock ("City") has previously entered into an Agreement for
Janitorial Services ("Agreement") with Pruitt Building Services, Inc. on August 22, 2013 by
Resolution No. R-13-08-22-G4; and
WHEREAS, on July 26, 2017, Predictable Business Strategies, LLC purchased from Pruitt
Building Services, Inc. the contracts, inventory and assets of Pruitt Building Services, Inc., including
the Agreement; and
WHEREAS, it has become necessary to extend the term of the Agreement for the second and
final twelve month renewal term, and to acknowledge the Assignment from Pruitt Building Services,
Inc. to Predictable Business Strategies, LLC; and
WHEREAS, the City Council desires to renew said Agreement with Predictable Business
Strategies, LLC, and to acknowledge the Assignment of same,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City Term
Renewal Agreement No. 2 to "City of Round Rock Agreement For Janitorial Services With
Predictable Business Strategies, LLC (Formerly Pruitt Building Services, Inc.)", a copy of same being
attached hereto as Exhibit"A" and incorporated herein for all purposes; and
BE IT FURTHER RESOLVED
That the City Council hereby acknowledges and consents to the Assignment of said Agreement
from Pruitt Building Services, Inc. to Predictable Business Strategies, LLC, a copy of same being
attached hereto as Exhibit"B" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
0112.1704;00387110
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of October, 2017.
-A A//,--
CRAI MORG , Mayor
City of Round Wck, Texas
ATTEST:
umt-s AR
SARA L. WHITE, City Clerk
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EXHIBIT
TERM RENEWAL AGREEMENT NO.2
TO "CITY OF ROUND ROCK AGREEMENT FOR
JANITORIAL SERVICES WITH
PREDICTABLE BUSINESS STRATEGIES,LLC
(FORMERLY PRUITT BUILDING SERVICES,INC.Y'
CITY OF ROUND ROCK )
STATE OF TEXAS ) KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON }
COUNTY OF TRAVIS )
This Term Renewal Agreement No. 2 to "City of Round Rock Agreement for Janitorial
Services with Predictable Business Strategies, LLC (formerly Pruitt Building Services, 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 the "City," and Predictable Business
Strategies, LLC (d/b/a"PBS of Texas"), whose offices are located at 3430 Alemeda 4448, Fort
Worth, Texas 76126.
WHEREAS, the City and Pruitt Building Services, Inc. executed the referenced
"Agreement for Janitorial Services with Pruitt Building Services, Inc.," hereinafter called the
"Agreement,"on August 22,2013, by Resolution No.R-13-08-22-G4;and
WHEREAS, pursuant to Section 2.01(B) of the Agreement, City and Pruitt Building
Services, Inc. extended the initial term of the Agreement for the first of two (2) allowable
successive twelve (12) month renewal periods on August 25, 2016, by Resolution No. R-2016-
3714; and
WHEREAS, Pruitt Building Services, Inc. has assigned its rights,title and interest to the
Agreement to Predictable Business Strategies, LLC, hereinafter called the"Services Provider,"
and the City has consented to said Assignment(attached as Exhibit"A");and
WHEREAS, the City and Services Provider 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 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 term of the Agreement.
00380514/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 terms 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 PREDICTABLE BUSINESS
STRATEGIES,LLC
B
By, y. WW9
Printed Name: Printed N e: Kurt Smith
Title: Title: Managing Partner
Date Signed: Date Signed: 8/17/2017
ATTEST:
By:
Sara L.White,City Clerk
FOR CITY,APPROVED AS TO FORM:
By:
Stephan L. Sheets,City Attorney
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EXHIBIT
„B„
ASSIGNMENT
The Assignment of the "City of Round Rock Agreement for Janitorial Services with Pruitt
Building Services, Inc."(the Assignment") is made and effective August 1 st ----.12017.
BETWEEN: Pruitt Building Services, Inc.(hereinafter the"Assignor")
Address: 33430 Alemeda#117, Fort Worth,TX 76126
AND: Predictable Business Strategies, LLC (d/b/a "PBS of Texas") (hereinafter
the"Assignee")
Address: 3456 Alemeda#448,Fort Worth,TX 76126
The undersigned Assignor hereby assigns, transfers and grants to Assignee all rights, title and
interest held by the Assignor in and to the "City of Round Rock Agreement for Janitorial
Services with Pruitt Building Services, Inc." (hereinafter the "Agreement") executed on August
22,2013.
TERMS:
a. On July 26, 2017, Assignee purchased from Assignor the contracts, inventory and
assets of Assignor, including the Agreement.
b. Assignor warrants and represents that said Agreement is in full force and effect and
is fully assignable.
c. The Agreement states in Exhibit "A" that the "Contractor shall not assign, or sub-
lease any part of the entire contract without the expressed written approval of the
City[of Round Rock,Texas]."
d. The Assignee hereby assumes and agrees to perform all the remaining obligations of
the Assignor under the Agreement and agrees to indemnify and hold the Assignor
harmless from any claim or demand resulting from non-performance of the
Assignee.
e. The Assignee shall be entitled to all monies remaining to be paid under the terns of
the Agreement,which rights are also assigned hereunder.
f. The Assignor warrants that it has full right and authority to assign said Agreement
with the consent of the City of Round Rock,Texas.
g. This Assignment shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
ASSIGNOR: ASSIGNEE:
PRUITT BUILDING SERVICES, INC. PREDICTABLE BUSINESS
STRATEGIES, LLC
By: By:
Title: Vice President Title: Managing Partner
00384132/ss2
By signing below, the City of Round Rock, Williamson and Travis Counties, Texas
hereby acknowledges and consents to the Assignment of said Agreement to Predictable Business
Strategies, LLC(d/b/a PBS of Texas).
CITY OF ROUND ROCK:
By:
Title:
ATTEST:
By:
Sara L. White, City Clerk
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