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R-06-03-09-9F1 - 3/9/2006RESOLUTION NO. R -06-03-09-9F1 WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase of Vegetation Control Services ("Agreement") with Greenlander, LLC, and WHEREAS, Greenlander, LLC has submitted Supplemental Agreement No. 1 to the Agreement to renew the contract term, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Greenlander, LLC, 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 Purchase of Vegetation Control Services with Greenlander, LLC, 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 9th day of March, 2006. EST: yor Cit of Round Rock, Texas CHRISTINE R. MARTINEZ, City Sec @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60309F1.WPD/sc tary THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF VEGETATION CONTROL SERVICES" FROM GREENLANDER, LLC" FIRM: Greenlander, LLC ("Vendor") ADDRESS: P.O. Box 2126, Mansfield, Texas 76063 REFERENCE: Purchase of Vegetation Control Services This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Vegetation Control Services from Greenlander, LLC." is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Greenlander, LLC, hereinafter called the "Vendor." WHEREAS, the City and the Vendor executed the referenced "City of Round Rock Agreement for Purchase of Vegetation Control Services from Greenlander, LLC, hereinafter called the "Agreement," on the 12th day of May, 2005; and WHEREAS, it has becomenecessary to extend the Agreement by renewal; and NOW THEREFORE, premises considered, the City and the Vendor agree that said Agreement is amended as follows: Section 2.01, Subsection B shall be amended as follows: P. The term of this original Agreement is for twelve (12) months from the effective date of this original Agreement. This original Agreement permits renewal for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the expiration of the original term of twelve (12) months, and extends the original Agreement as to time only with no other chanes in or conditions of the original Agreement. g terms IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental Agreement No. 1 in duplicate originals. EXHIBIT b § ��An GREENLANDER, LLC By: / Printed Name: P9.,4 e Title: %: t .roc .0-4 47.4-t Date: -z-- 7 r-- v CITY OF ROUND ROCK By: Date: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney DATE: March 2, 2006 SUBJECT: City Council Meeting - March 9, 2006 ITEM: *9.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Purchase of Vegetation Control Services with Greenlander, LLC. Department: Transportation Services Staff person: Thomas G. Martin, P.E., Director Justification: This Supplemental Contract No. 1 embodies the first renewal of twelve (12) months, following the expiration of the original term of twelve (12) months, and extends the original agreement as to time only with no other changes in terms or conditions of the original Agreement. Funding: Cost: $80,000.00 Source of funds: General Funds Outside Resources: Greenlander LLC Background Information: The original vegetation control services agreement was approved by council at 2005 meeting. Greenlander LLC provided herbicide vegetation control for certain r Maya sof the City's right-of-way during 2005. areas of Public Comment: N/A THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF VEGETATION CONTROL SERVICES" FROM GREENLANDER, LLC" FIRM: Greenlander, LLC ("Vendor") ADDRESS: P.O. Box 2126, Mansfield, Texas 76063 REFERENCE: Purchase of Vegetation Control Services This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Vegetation Control Services from Greenlander, LLC." is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Greenlander, LLC, hereinafter called the "Vendor." WHEREAS, the City and the Vendor executed the referenced "City of Round Rock Agreement for Purchase of Vegetation Control Services from Greenlander, LLC, hereinafter called the "Agreement," on the 12th day of May, 2005; and WHEREAS, it has become necessary to extend the Agreement by renewal; and NOW THEREFORE, premises considered, the City and the Vendor agree that said Agreement is amended as follows: Section 2.01, Subsection B shall be amended as follows: B. The term of this original Agreement is for twelve (12) months from the effective date of this original Agreement. This original Agreement permits renewal for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the expiration of the original term of twelve (12) months, and extends 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 the Vendor have executed this Supplemental Agreement No. 1 in duplicate originals. GREENLANDER, LLC : BY Printed Name: 4 co , P5, -r4 Title: •,ce Date: - 7 -0 CITY OF By: ayor Date: 3- - Q p A TEST: Christine R. Martinez, City Secretary APPR D AS TO F RM: Stepha . Sheets, City Attorney