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R-09-03-12-8C1 - 3/12/2009RESOLUTION NO. R -09-03-12-8C1 WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase of Cold Water Meters ("Agreement") from Master Meter, Inc., and WHEREAS, Master Meter, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to provide for extension by renewal, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Master Meter, Inc., 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 Cold Water Meters from Master Meter, Inc., 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 Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of ATTEST: SARA L. WHITE, City Secretary O:\wdox\RESOLUTI\R90312C1.DOC/nnc March, 2009. Meetings Act, ALAN MCGRAW, Mayor City of Round Rock, Texas CITY OF ROUND ROCK STATE OF TEXAS COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF COLD WATER METERS FROM MASTER METER, INC." FIRM: Master Meter, Inc. ("Vendor") ADDRESS: 101 Regency Parkway, Mansfield, Texas 76063 PROJECT: Purchase of cold water meters This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Cold Water Meters from Master Meter, Inc." is made by and between the City of Round Rock, Texas (hereinafter called "City") and Master Meter, Inc. (hereinafter called "Vendor"). WHEREAS, City and Vendor executed "City of Round Rock Agreement for Purchase of Cold Water Meters from Master Meter, Inc." (hereinafter called the "Agreement") on the ` ra day of , 200 L , for goods and services; and WHEREAS, it has become necessary to amend the Agreement to provide for extension by renewal: NOW THEREFORE, premises considered, City and Vendor agree that said Agreement is amended as follows: I. Section 2.01 shall be amended as follows: B. The term of this original Agreement was for three (3) consecutive twelve (12) month periods from the effective date. This original Agreement permits renewals for successive terms of twelve (12) months each from the expiration date of the initial term, not to exceed in the aggregate two (2) such renewals, with such renewals to occur upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. This Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the expiration date of the initial thirty-six (36) month term, and 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. CITY OF ROUND ROCK, TEXAS By: Name: Title: Date: 0014813 1/jkg Page 1 of 2 EXHIBIT nAn ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney MASTER METER, INC., a Texas corporation By: Name: Title: Date: National Sales Manager January 27, 2009 Page 2 of 2 DATE: March 5, 2009 SUBJECT: City Council Meeting — March 12, 2009 ITEM: 8C1. Consider a resolution authorizing the Mayor to execute a Supplemental Agreement No. 1 with Master Meter, Inc. for purchase of cold water meters. Department: Staff Person: Justification: Water and Wastewater Utilities Michael Thane, P.E., Director of Utilities The purchase of water meters is a budgeted item included in each year's operating budget. The meters are used for new residential and commercial installations and for replacement of existing meters. This Supplemental Agreement No. 1 only extends the time of the original Agreement with no other changes in terms or conditions. Meters will continue to be purchased on an as -needed basis. Funding: Cost: $95,000 Source of funds: Operating Budget — Utility Support 5331-200-42000 and 6119-200-42000 Outside Resources: Master Meter, Inc. Background Information: The term of the initial agreement was for three consecutive years from the effective date, which was February 23, 2006. The original agreement allows for renewals of two successive terms of twelve months each. This Supplemental Agreement No. 1 is the first renewal of the original agreement. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK § STATE OF TEXAS § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF COLD WATER METERS FROM MASTER METER, INC." FIRM: Master Meter, Inc. ("Vendor") ADDRESS: 101 Regency Parkway, Mansfield, Texas 76063 PROJECT: Purchase of cold water meters This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Cold Water Meters from Master Meter, Inc." is made by and between the City of Round Rock, Texas (hereinafter called "City") and Master Meter, Inc. (hereinafter called "Vendor"). WHEREAS, City and Vendor executed "City of Round Rock Agreement for Purchase of Cold Water Meters from Master Meter, Inc." (hereinafter called the "Agreement") on the Z3 day of t -0\ , 200 , for goods and services; and WHEREAS, it has become necessary to amend the Agreement to provide for extension by renewal: NOW THEREFORE, premises considered, City and Vendor agree that said Agreement is amended as follows: I. Section 2.01 shall be amended as follows: B. The term of this original Agreement was for three (3) consecutive twelve (12) month periods from the effective date. This original Agreement permits renewals for successive terms of twelve (12) months each from the expiration date of the initial term, not to exceed in the aggregate two (2) such renewals, with such renewals to occur upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. This Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the expiration date of the initial thirty-six (36) month term, and 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. CITY OF ROUND ROCK, TEXAS By: Name: Title: Date: 00148131/jkg Page 1 of 2 fZ-o,- 0.3- ("2.--6-1 ATTEST: By: FOR CITY ' PROVED A TO FORM: By: !We Step L. Sheets, City Attorney MASTER METER, INC., a Texas corporation By: Name: Title: Date: Neal Farmer National Sales Manager January 27, 2009 Page 2 of 2