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R-2024-011 - 1/25/2024 RESOLUTION NO. R-2024-011 WHEREAS, the City of Round Rock ("City") has previously entered into a "City of Round Rock Agreement for Professional Consulting Services Related to Expert Witness/Litigation Services for Wholesale Rate Cases with Raftelis Financial Consultants, Inc." ("Agreement"); and WHEREAS, City and Raftelis Financial Consultants, Inc. desire to amend the Scope of Work and increase the Contract Amount by an additional $170,000.00; and WHEREAS, the City Council desires to enter into Supplemental Agreement No. 2 with Raftelis Financial Consultants,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. 2 to "City of Round Rock Agreement for Professional Consulting Services Related to Expert Witness/Litigation Services for Wholesale Rate Cases with Raftelis Financial Consultants, 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 25th day of January, 2024. CRAIG OORGW, Mayor City of Ikound Wck, Texas ATTEST: r MEAGAN SP S, Cify Clerk- 0112.20242;4861-5560-0284 lerk0112.20242;4861-5560-0284 EXHIBIT „A„ SUPPLEMENTAL AGREEMENT NO. 2 TO "PROFESSIONAL CONSULTING SERVICES RELATED TO EXPERT WITNESSILITIGATION SERVICES FOR WHOLESALE RATE CASES WITH RAFTELIS FINANCIAL CONSULTANTS,INC." CITY OF ROUND ROCK § STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § THIS SUPPLEMENTAL AGREEMENT NO. 2 to "City of Round Rock Agreement for Professional Consulting Services Related to Expert Witness/Litigation Services for Wholesale Rate Cases," hereinafter called "Supplemental Agreement No. 2," is made by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality, hereinafter called the "City" and RAFTELIS FINANCIAL CONSULTANTS, INC., hereinafter called the "Consultant," located at 3775 Capital of Texas Highway, Suite 290, Austin,Texas 78704. WHEREAS, the City and Consultant previously executed the referenced "City of Round Rock Agreement for Professional Consulting Services Related to Expert Witness/Litigation Services for Wholesale Rate Cases," hereinafter called the "Agreement," on December 3, 2020 by Resolution 2020-0353; and WHEREAS, the City and Consultant subsequently executed Supplemental No. I amending the Scope of Work and increase the Contract Amount of $175,000.00 by an additional $141,256.00 for a new Contract Amount of$316,256.00; and WHEREAS, the City desires to amend the Scope of Work and increase the Contract Amount of$316,256.00 by an additional $170,000.00; and NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 2, the City and Consultant agree that said Agreement is amended and supplemented as follows: I. Section 5.0 of the Agreement is hereby amended to read as follows: 5.01 CONTRACT AMOUNT In consideration for the consulting services Consultant shall be paid on the basis of actual hours worked by employees performing work associated with this Agreement, in accordance with the Fee Schedule attached hereto as the Addendum to Exhibit "C," incorporated herein by reference for all purposes. 4862-0775-6954/ss2 i Not-to-Exceed Total Payment for Services: Consultant's total compensation for consulting services hereunder shall not exceed Four Hundred Eighty-Six Thousand Two Hundred Fifty-Six and No/100 Dollars ($486,256.00). This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall pay, strictly within the not-to-exceed sum recited herein, Consultant's fees for work done on behalf of City. Payment for Reimbursable Expenses: There shall be no payments for reimbursable expenses included in this Agreement. III. This Supplemental Agreement No. 2 shall amend the original Agreement only as set forth herein with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental Agreement to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK,TEXAS RAFTELIS FINANCIAL CONSULTANTS, INC. By: BY: Printed Name: Printed Name: Angie Flores Title: Title: Vice-President Date Signed: Date Signed: 1/8/2024 ATTEST: By: Meagan Spinks, City Clerk FOR CITY,APPROVED AS TO FORM: By: Stephanie L. Sandre, City Attorney 2 ADDENDUM TO EXHIBIT C—FEE SCHEDULE The initial budget was $175,000 and the first amendment of$141,256 brings the current project total to $316,256. This second amendment of $170,000 brings the total to $486,256. This amendment will be completed on a time and materials basis at the Standard Hourly Billing Rates as shown below: Rattelis'2024 Standard Hourly Billing Rates Position Hourly Billine Rate' Chair/Chair Emeritus $500 Chief Executive Officer/President $450 Executive Vice President $400 Vice President $360 Senior Manager $320 Recruiter $295 PrincipaUSenior Advisor $295 Manager $285 Senior Consultant $250 Executive Coach $250 Consultant $220 Creative Director $220 Associate Consultant $185 Graphic Designer $160 Analyst $135 Administration $100 Technology/Communications Charge' s S10 • These rates will be in effect for calendar year 2024 and will then increase annually by 3%unless specified otherwise by contract. ss Technology/Communications Charge—this is an hourly fee charged monthly for each hour worked on the project to recover telephone, facsimile,computer,postage/ovcrnight delivery, conference calls,electronic/computer webinars,photocopies,etc. R-s-6/17/2019