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CM-2016-1175 - 9/2/2016TERM RENEWAL AGREEMENT NO. 1 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 Term Renewal Agreement No. 1 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 expires on September 12, 2016; and WHEREAS, the parties desire to extend the term of the Agreement for the first of two (2) allowable consecutive twelve (12) month renewal terms; and 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 first allowable twelve (12) month renewal period. The twelve (12) month renewal term shall commence upon expiration of the initial term of the Agreement. 00361681/ss2 eA4-2//1 II. This Renewal Agreement embodies the first of 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 By: Printed Name: L4U -k 14 -AIM -Sl Title: VXjit�e Date Signed: J ATTEST: By�&tL -(A Wt Sara L. White, City Clerk FOR CITY,A PROVED AS FORM: By: <6�1 S eph tL. Sheets, City Attorney RED & WHITE GREENERY, INC. By: f1i �Lel:�/L Printed N e: Jason Fuller Title: President Date Signed: 08/24/2016 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing Term Renewal Agreement No. 1 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: 9/2/2016 Dept Director: Rick Atkins, Director Cost: $30,400.00 Indexes: General Fund Attachments: Department: Parks and Recreation Department Text of Legislative File CM -2016-1175 Consider executing Term Renewal Agreement No. 1 to "City of Round Rock Agreement for Purchase of Right -of -Way Mowing Services with Red & White Greenery, Inc." This is for renewing the Right of Way Contract mowing along 1-35 inside the city limits of Round Rock including Highway 79 east and west within the city limits. This is supplemental mowing which means a PARD representative works with the existing TXDOT state R.O.W. mowing contract in order to add additional mowing cycles when coordinated with TXDOT. The goal of this program is to provide an improved look along the City's gateway entrances. Funds available for this program is $30,400. General Funds Department official recommends approval of this item. City of Round Rock Page 1 Printed on 9/112016