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R-11-05-26-11C3 - 5/26/2011RESOLUTION NO. R -11-05-26-11C3 WHEREAS, the City of Round Rock has previously entered into an Agreement for Street Sweeping Services with Austin HLK, Inc. dba Sweep Across Texas ("Agreement"), and WHEREAS, Austin HLK, Inc. dba Sweep Across Texas has submitted Supplemental Agreement No. 1 to embody the first allowable renewal of twelve (12) months, following the expiration of the original term of sixty (60) months, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Austin HLK, Inc. dba Sweep Across Texas, 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 Supplemental Agreement No. 1 to the Agreement for Street Sweeping Services With Austin HLK, Inc. dba Sweep Across Texas, a copy of same being attached hereto as Exhibit "A" 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 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 26th day of May, 2011. 4 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\l 104\MUNICIPAL\00222630.DOC/rmc SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR STREET SWEEPING SERVICES WITH AUSTIN HLK, INC. dba SWEEP ACROSS TEXAS" EXHIBIT „ A„ THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § FIRM: Austin HLK, Inc. dba Sweep Across Texas ("Vendor") ADDRESS: 1912 Bench Mark Drive, Austin, Texas 78728 REFERENCE: Purchase of street sweeping services This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Street Sweeping Services with Austin HLK, Inc. dba Sweep Across Texas" is made by and between the City of Round Rock, with offices located at 221 East Main Street, Round Rock, Texas 78664- 5299 (hereinafter referred to as "City"), and Austin HLK, Inc. dba Sweep Across Texas, with offices located at 1912 Bench Mark Drive, Austin, Texas 78728 (hereinafter referred to as "Vendor"). WHEREAS, City and Vendor executed the original Agreement (hereinafter referred to as the "Agreement") on the 24th day of August, 2006; and WHEREAS, it has become necessary to extend the original Agreement for the first of two allowable renewal periods: NOW THEREFORE, premises considered, City and Vendor agree that the original Agreement is amended as follows: Section 7.0 shall be amended as follows: The initial term of this agreement shall be for a period of time of sixty (60) months from the date of award. Prices shall be firm for the initial term of the agreement, except as provided for herein. This agreement may be renewed for two (2) more additional periods of twelve (12) months each, provided that both parties agree to so renew prior to the current expiration date of the agreement. Contract renewals shall be for the original price, terms and conditions plus any changes approved in writing by both parties. City reserves the right to review Austin HLK's performance at the end of each billing period, and City may cancel all or part of the contract or may continue the contract through the next period. Unless City notifies Austin HLK of its intent not to renew the contract or unless Austin HLK notifies City of its intent not to renew the contract, the contract shall be renewed for the next period as stated herein. 219570/jkg ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY City Council Agenda Summary Sheet Agenda Item No. *11C3. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement for the extension of the Street Sweeping Agreement with Austin HLK, Inc. dba Sweep Across Agenda Caption: Texas. Meeting Date: May 26, 2011 Department: Infrastructure Development and Construction Management Staff Person making presentation: Michael Thane, P.E. Director of Infrastructure Management Item Summary: This is a Supplemental Agreement with Austin HLK, Inc. dba Sweep Across Texas for Street Sweeping services. This Supplemental Agreement embodies the first allowable renewal of twelve (12) months, following the expiration of the original term of sixty (60) months. This Supplemental No. 1 extends the original Agreement as to time only with no other changes in terms or condition of the original agreement. This agreement encompasses sweeping frequency within the City of Round Rock on residential streets two (2) times a year and business districts and Arterial roadways nine (9) times a year. This agreement also includes additional sweeps such as sand removal, ice events, storm debris and other such type of roadway debris. Strategic Plan Relevance: 20.0 Build and maintain the facilities needed to make the City attractive to target businesses. Cost: Not to exceed $ 183,750.00 Source of Funds: General Fund Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR STREET SWEEPING SERVICES WITH AUSTIN HLK, INC. dba SWEEP ACROSS TEXAS" THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § FIRM: Austin HLK, Inc. dba Sweep Across Texas ("Vendor") ADDRESS: 1912 Bench Mark Drive, Austin, Texas 78728 REFERENCE: Purchase of street sweeping services This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Street Sweeping Services with Austin HLK, Inc. dba Sweep Across Texas" is made by and between the City of Round Rock, with offices located at 221 East Main Street, Round Rock, Texas 78664- 5299 (hereinafter referred to as "City"), and Austin HLK, Inc, dba Sweep Across Texas, with offices located at 1912 Bench Mark Drive, Austin, Texas 78728 (hereinafter referred to as "Vendor"). WHEREAS, City and Vendor executed the original Agreement (hereinafter referred to as the "Agreement") on the 24th day of August, 2006; and WHEREAS, it has become necessary to extend the original Agreement for the first of two allowable renewal periods: NOW THEREFORE, premises considered, City and Vendor agree that the original Agreement is amended as follows: Section 7.0 shall be amended as follows: The initial term of this agreement shall be for a period of time of sixty (60) months from the date of award. Prices shall be firm for the initial term of the agreement, except as provided for herein. This agreement may be renewed for two (2) more additional periods of twelve (12) months each, provided that both parties agree to so renew prior to the current expiration date of the agreement. Contract renewals shall be for the original price, terms and conditions plus any changes approved in writing by both parties. City reserves the right to review Austin HLK's performance at the end of each billing period, and City may cancel all or part of the contract or may continue the contract through the next period. Unless City notifies Austin HLK of its intent not to renew the contract or unless Austin HLK notifies City of its intent not to renew the contract, the contract shall be renewed for the next period as stated herein. 2 E 9570/jlg 2-�L- 210-tk,g This Supplemental Agreement No. 1 embodies the first allowable renewal of twelve (12) months, following the expiration of the original term of sixty (60) months, and this Supplemental Agreement No. 1 extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, City and Vendor have executed this Supplemental Agreement No. 1 in duplicate originals. AUSTIN HLK, INC. db ' WE FP ACROSS TEXAS By: Printed Name: P11.I K1 4.-e— Title: yl�pl�� Date: CITY OF RO . D ROCK By: Printed Name: Title: Date: FOR CITY, ATTEST: Sara L. White, City Secretary FOR C T , APPROV D AS TO FORM: Ctonlia I.. Sheets, City Attorney 2