R-2024-129 - 5/23/2024 RESOLUTION NO. R-2024-129
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 $350,000.00; and
WHEREAS, the City Council desires to enter into Supplemental Agreement No. 3 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. 3 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 23rd day of May, 2024.
CR OR , Mayor
City f Roun ock, Texas
ATTEST:
MEAGAN11)NkS-/City Clerk
0112.20242:4885-6705-4013
EXHIBIT
"A„
SUPPLEMENTAL AGREEMENT NO.3
TO"PROFESSIONAL CONSULTING SERVICES RELATED TO
EXPERT WITNESS/LITIGATION 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. 3 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. 3," 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. 1
amending the Scope of Work and increasing 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 and Consultant subsequently executed Supplemental No. 2
amending the Scope of Work and increasing the Contract Amount of$316,256.00 by an additional
$170,000.00 for a new Contract Amount of$486,256.00; and
WHEREAS, the City desires to amend the Scope of Work and increase the Contract
Amount of$486,256.00 by an additional $350,000.00; and
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 3, the City and Consultant agree that said
Agreement is amended and supplemented as follows:
0140.2024;4865-8001-9640
1.
Section 3.01 of the Agreement is hereby amended to read as follows:
3.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in the
Addendum to Exhibit "A." attached hereto and incorporated herein by reference or all purposes.
Consultant's undertaking shall be limited to performing services for City and/or advising City
concerning those matters on which Consultant has been specifically engaged. Consultant shall
perform services in accordance with this Agreement in a professional and workmanlike manner
pursuant to the Work Schedule attached as Exhibit`B,"and incorporated herein by reference for
all purposes.
II.
Section 5.01 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.
Not-to-Exceed Total Payment for Services: Consultant's total compensation for consulting
services hereunder shall not exceed Eight Hundred Thirty-Six Thousand Two Hundred Fifty-Sig
and No/100 Dollars ($836,256.00). 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. 3 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.
2
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: 4/25/2024
ATTEST:
By:
Meagan Spinks, City Clerk
FOR CITY,APPROVED AS TO FORM:
By:
Stephanie L. Sandre, City Attorney
3
ADDENDUM TO EXHIBIT A — SCOPE OF WORK
Raftelis proposes providing the following services for the rate case:
1) Provide financial and rate analysis, as needed, through the rate case
2) Provide rate case support as it relates to Rate Case Application.
3) Rate case support will include providing direct and rebuttal testimony and participation in
hearings.
4) Provide input into rate case strategy;
5) Respond to Requests for Information in coordination with Round Rock staff,
6) Develop any additional analysis required for settlement discussions or the rate case testimony.
Revision 6/17/2419
ADDENDUM TO EXHIBIT B— WORK SCHEDULE
The schedule for these services will be dependent upon the rate case.
Revision 6/17/2019
ADDENDUM TO EXHIBIT C—FEE SCHEDULE
The initial budget was$175,000,with the first and second amendments of$141,256 and$170,000,
respectively. This amendment of$350,000 brings the total to$836,256. Once we exceed this amount, we
propose to complete the case on a time and materials basis at the Standard Hourly Billing Rates as shown
below:
Raftelis' 2024 Standard Hourly Billing Rates
Position Hourly Rate
Chairman of the Board $500
Chief Executive Officer $450
Executive Vice President $400
Vice President $360
Senior Manager $320
Principal Consultant $295
Manager $285
Software Developer/Manager $285
Senior Consultant $250
Senior Software Developer $250
Consultant $220
Software Developer/Consultant $220
Creative Director $220
Junior Software Developer/Associate $185
Associate Consultant $185
Visual Facilitator $220
Graphic Designer $160
Analyst $135
GIS Specialist $115
Administration $100
* Technology/Communications Charge—this is an hourly fee charged monthly for each hour
worked on the project to recover telephone, facsimilie, computer,postage/overnight delivery,
conference calls, electronic/computer webinars,photocopies, etc.
Revision 6/17/7019