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Contract - Predictable Business Strategies, LLC - 10/12/2017 TERM RENEWAL AGREEMENT NO.2 TO "CITY OF ROUND ROCK AGREEMENT FOR JANITORIAL SERVICES WITH PREDICTABLE BUSINESS STRATEGIES,LLC (FORMERLY PRUITT BUILDING SERVICES,INC.)" 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 #448, 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, 20165 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 By. By. VuV Printed Name: Printed N me: Kurt Smith Title: AA(A a Title: Managing Partner Date Signed: Date Signed: 8/17/2017 ATTEST: Ey: &VWO Sara L. White, City Clerk FOR CITY,APPROVED AS TO FORM: By: *StephaU. ets, City Attorney 2 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 1st , 2017. 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 terms 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:_ I A 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 RO D ROCK: By: Title: OVA ATTEST: By: ` Sara L. White, City Clerk 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-258348 PBS of Texas Round Rock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/08/2017 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. R-13-08-22-G4 Janitorial Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. lili10 X 6 AFFIDAVIT� �° ,��e........ql �i I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. 116. •? = do -ft • i y.. /O�� • /'� i cc• • • co�0 o �.�'1,9* IT qW OF o�'0 �� Signature of authorized agent of contracting business entity 0600 AFFIX NOTAO*F44 BOVE SM% 1 _Sworn to and subscribed before me,by the said KLLI(4-- V� _,this the day of Sep -embed , 20 1 to certify which,witness my hand and seal of office. Signa ure of officer administering oath Printed name of officer administering oath Title of officer ahministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-259972 Decor IQ Fate,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/12/2017 being filed. City of Round Rock Date Acknowledged: 09/21/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. IFB-No. 17-025 Downtown Christmas Lighting Products and Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Alban,John San Antonio,TX United States X Metzger, Mark San Antonio,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said ,this the day of , 20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337