FIFTH AMENDMENT
TO
AGREEMENT TO PROVIDE CUSTODIAL SERVICES
This Fifth Amendment to the Agreement to provide Custodial Services(“Fifth Amendment”) is dated effective
as of October 1, 2015 (“Effective Date”), and is entered into by and between The University of Texas
Health Science Center at Tyler also known as UT Health Northeast, an agency and institution of higher
education authorized under the laws of the State of Texas (“University”), and Hospital Housekeeping
Systems, LLC, a Texas limited liability company ("Contractor").
University and Contractor entered into that certain Agreement to Provide Custodial Services dated
effective June 1, 2013 ("Original Agreement”), amended as set forth in the First Amendment thereto dated
effective September 9, 21013, the Second Amendment thereto dated effective February 1, 2015, the Third
Amendment thereto dated effective August 1, 2014, and the Fourth Amendment thereto dated effective
September 1, 2014 (collectively “Agreement”).
University and Contractor now desire to further amend the terms of the Agreement as more
particularly set forth below.
1.
Section 12, PRICING AND PAYMENT, of the Agreement is hereby amended and restated in its
entirety and shall hereafter be and read as follows:
Upon satisfactory and complete performance of the Custodial Services, University will pay
Contractor an annual amount of One Million Five Hundred Fifty-Eight Thousand Two Hundred Forty
and 36/100 Dollars ($1,558,240.36), disbursed in twelve (12) monthly payments of One Hundred
Twenty-Nine Thousand Eight Hundred Fifty-Three and 36/100 Dollars ($129,853.36). This new fee
represents a $3,732.49 increase over the previous monthly fee of $126,120.87.
2.
Section 13.4 of the Agreement is hereby amended and shall hereafter be and read as follows:
The cumulative amount of all Progress Payments and the Final Payment will not exceed Seven
Million Five Hundred Ninety-Six Thousand Three Hundred Ninety-Six and 58/100 Dollars
($7,596,396.58).
3.
Schedule 2- Areas to be Serviced, is hereby amended to include the Second Addendum to Schedule
2: Areas to be Serviced and the cleaning specification for the North Tyler/ Lindale Clinics, attached to
this Amendment and incorporated for all purposes.
4.
Except as provided in this Fifth Amendment, all terms used in this Fifth Amendment that are not
otherwise defined shall have the respective meanings ascribed to such terms in the Agreement.
5.
This Fifth Amendment embodies the entire agreement between University and Contractor with
respect to the Fifth Amendment of the Agreement. In the event of any conflict or inconsistency
between the provisions of the Agreement and this Fifth Amendment, the provisions of this Fifth
Amendment shall control and govern.
6.
Except as specifically modified and amended herein, all of the terms, provisions, requirements and
specifications contained in the Agreement remain in full force and effect. Except as otherwise
expressly provided herein, the parties do not intend to, and the execution of this Fifth Amendment
shall not, in any manner impair the Agreement, the purpose of this Fifth Amendment being simply to
amend and ratify the Agreement, as hereby amended and ratified, and to confirm and carryforward
the Agreement, as hereby amended, in full force and effect.
THIS FIFTH AMENDMENT WILL BE CONSTRUED AND GOVERNED BY THE LAWS OF THE
STATE OF TEXAS.
IN WITNESS WHEREOF, University and Contractor have executed and delivered this Fifth Amendment
effective as of the Effective Date.
CONTRACTOR:
UNIVERSITY:
HOSPITAL HOUSEKEEPING SYSTEMS, LLC
THE UNIVERSITY OF TEXAS HEALTH
SCIENCE CENTER AT TYLER
By:__
Name:
Title:
Date:
Coo
1(9- 1- 15
Vernon Moore, Sr. Vice President
Chief Business Officer
Date;
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Second Addendum to Schedule 2: Areas to be Serviced
Location
Specification
Freauencv/Week
North Tyler/ Undale Clinics
All Clinic Areas
A
5
Offices/ Business Areas
B
5
Waiting Areas and Lobbies
B
5
Staff Break Areas
B
5
Corridors
B
5
Restrooms
1
5