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R-11-05-26-11C2 - 5/26/2011RESOLUTION NO. R -11-05-26-11C2 WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase of Automotive Parts and Batteries with Arnold Oil Company of Austin ("Agreement"), and WHEREAS, Arnold Oil Company of Austin has submitted Supplemental Agreement No. 1 to embody the first allowable renewal of twelve (12) months, following the expiration of the original term of five (5) years, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Arnold Oil Company of Austin, 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 Automotive Parts and Batteries From Arnold Oil Company of Austin, 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. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: .o44,n,.va)51;tc- SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL \00222622.DOC/rmc SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF AUTOMOTIVE PARTS AND BATTERIES FROM ARNOLD OIL COMPANY OF AUSTIN" EXHIBIT „A„ THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: FIRM: Arnold Oil Company of Austin ("Vendor") ADDRESS: 1617 East 6th Street, Austin, Texas 78702 REFERENCE: Purchase of automotive parts and batteries This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Automotive Parts and Batteries from Arnold Oil Company of Austin" 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 Arnold Oil Company of Austin, with offices located at 1617 East 6th Street, Austin, Texas 78702 (hereinafter referred to as "Vendor"). WHEREAS, City and Vendor executed the original Agreement (hereinafter referred to as the "Agreement") on the 22nd day of June, 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 2.01 shall be amended as follows: A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement shall be for five (5) twelve-month periods from the effective date hereof. After that initial term, this Agreement may renew for two (2) successive periods of twelve (12) months each, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. 218606rkg C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. D. This Supplemental Agreement No. 1 embodies the first allowable renewal of twelve (12) months, following the expiration of the original term of five (5) years, 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. ARNOLD OIL COMPANY OF AUSTIN By: Printed Title: Date: CITY OF ROUND ROCK By: Date: Alan McGraw, Mayor FOR CITY, ATTEST: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 2 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. *11C2. City Council Agenda Summary Sheet Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 Agenda Caption: with Arnold Oil Company of Austin for the purchase of automotive parts and batteries. 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 Arnold Oil Company of Austin for the purchase of automotive parts and batteries. This is Supplemental Agreement No. 1 which embodies the first allowable renewal of twelve (12) months, following the expiration of the original term of five (5) years. Strategic Plan Relevance: 20.0 - Build and maintain the facilities needed to make the City attractive to target businesses Cost: Not to exceed $144,000.00 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 PURCHASE OF AUTOMOTIVE PARTS AND BATTERIES FROM ARNOLD OIL COMPANY OF AUSTIN" THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: FIRM: Arnold Oil Company of Austin ("Vendor") ADDRESS: 1617 East 6th Street, Austin, Texas 78702 REFERENCE: Purchase of automotive parts and batteries This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Automotive Parts and Batteries from Arnold Oil Company of Austin" 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 Arnold Oil Company of Austin, with offices located at 1617 East 6th Street, Austin, Texas 78702 (hereinafter referred to as "Vendor"). WHEREAS, City and Vendor executed the original Agreement (hereinafter referred to as the "Agreement") on the 22nd day of June, 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 2.01 shall be amended as follows: A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement shall be for five (5) twelve-month periods from the effective date hereof. After that initial term, this Agreement may renew for two (2) successive periods of twelve (12) months each, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. 218606/jkg 's---'' -o ' -2{,-11-2. C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. D. This Supplemental Agreement No. 1 embodies the first allowable renewal of twelve (12) months, following the expiration of the original term of five (5) years, 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. ARNOLD OIL COMPANY OF AUSTIN By: Printed Title: Date: CITY OF ROUND ROCK By: Alan McGraw, Mayor Date: .. I, 1 FOR CITY, ATTEST: Saral. White, City Secretary APPROV o D AS TO FORM: Stephan . Sheets, City Attorney 2