R-2022-331 - 10/27/2022 RESOLUTION NO. R-2022-331
WHEREAS, the City of Round Rock ("City") has previously entered into a "City of Round
Rock Agreement for Purchase of Swimming Pool Chemicals, Supplies and Equipment with
Progressive Commercial Aquatics, Inc." ("Agreement'); and
WHEREAS, City and Progressive Commercial Aquatics, Inc. desire to modify the Scope of
Services and increase the Contract Amount by an additional $206,000.00 as set forth in the Agreement;
and
WHEREAS, the City Council desires to enter into Supplemental Agreement No. 1 with
Progressive Commercial Aquatics, 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 "City of Round Rock Agreement for Purchase of Swimming Pool Chemicals,
Supplies and Equipment with Progressive Commercial Aquatics, 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 Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 27th day of October, 2022.
CRAIG ORG , Mayor
City of Round Rock,Texas
ATTEST:
MEAGAN SP S, Ci Clerk
0112.20222 4866-2309-0073
EXHIBIT
„A»
SUPPLEMENTAL AGREEMENT NO. I
TO"CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF SWIMMING POOL CHEMICALS,
SUPPLIES AND EQUIPMENT
WITH
PROGRESSIVE COMMERCIAL AQUATICS,INC."
CITY OF ROUND ROCK )
}
STATE OF TEXAS } KNOW ALL BY THESE PRESENTS:
}
COUNTY OF WILLIAMSON )
COUNTY OF TRAVIS )
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Swimming Pool Chemicals, Supplies and Equipment with Progressive Commercial Aquatics,
Inc.,"hereinafter called the"Supplemental Agreement No. 1,"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
PROGRESSIVE COMMERCIAL AQUATICS, INC., whose offices are located at 2510 Farrell
Road,Houston,Texas 77073,hereinafter called"Vendor."
WHEREAS, City and Vendor executed an "Agreement for the Purchase of Swimming
Pool Chemicals, Supplies and Equipment" on October 8, 202 by Resolution No. R-2021-0276;
and
WHEREAS, Vendor is an approved Buy Board Vendor through Buy Board Contact
#613-20 and City is a member of the Buy Board Cooperative Purchasing Program; and
WHEREAS, the Agreement states that the total amount of costs to be paid to Vendor
shall not exceed$420,000.00 for the term of the Agreement;and
WHEREAS,the parties desire to modify the Scope of Services and increase the Contract
Amount by an additional$206,000.00 as set forth herein;
NOW THEREFORE,premises considered, and in consideration of the mutual promises
and obligations in the Agreement and this Supplemental Agreement No. 1, the City and Vendor
agree as follows:
I.
Section 5.01,Costs,is amended to read as follows:
A. City agrees to pay for supplies and services during the term of this Agreement at
the pricing set forth in Exhibit "A." Vendor specifically acknowledged and agrees that City is
not obligated to use or purchase any estimated annual quantity of goods. Only if, and when
4885-6938-9365/ss2
needed by City, the costs listed on Exhibit "A," shall be the basis of any charges collected by
Vendor.
B. The City shall be authorized to pay the Vendor an amount not-to-exceed Six
Hundred Twenty-Six Thousand and No/100 Dollars ($626,000.00) for the term of this
Agreement.
II.
This Supplemental Agreement No. 1 shall extend the original Agreement as to costs only
as set forth herein, with no other changes in terms or conditions of the original Agreement.
IN WITNESS WHEREOF, the City and Vendor have executed this Supplemental
Agreement No. I to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK,TEXAS PROGRESSIVE COMMERCIAL
AQUATICS, INC
By: By: Z.
Printed Name: Printed Name: Russell Leto
Title: Title: President
Date Signed: Date Signed: 0912612022
ATTEST:
By:
Meagan Spinks, City Clerk
FOR CITY,APPROVED AS TO FORM:
By: , iis-!v
tephanie L. Sandre, City Attorney
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