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CM-2024-248 - 9/27/20244887-5331-0181/ss2 AMENDMENT TO “CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF BUILDING MAINTENANCE, REPAIR AND OPERATIONS SUPPLIES AND EQUIPMENT WITH ELLIOT ELECTRIC SUPPLY, INC.” CITY OF ROUND ROCK § § STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: § COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § THIS AMENDMENT TO “City of Round Rock Agreement for Purchase of Building Maintenance, Repair and Operations Supplies and Equipment with Elliot Electric Supply, Inc.,” is made by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality, with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the “City”), and ELLIOT ELECTRIC SUPPLY, INC., whose offices are located at 1225 Harris Branch Parkway, Suite 105, Manor, Texas 78653 (referred to herein as “Vendor”). WHEREAS, the City and Vendor previously executed the referenced “City of Round Rock Agreement for Purchase of Building Maintenance, Repair and Operations Supplies and Equipment,” hereinafter called the “Agreement” on April 28, 2022 pursuant to Buy Board Contract No. 657-21 for a total not-to-exceed amount of $350,000.00; and WHEREAS, the City and Vendor subsequently executed Supplemental Agreement No. 1 to the Agreement on August 10, 2023 adding an additional $100,000.00 in costs for a new not- to-exceed amount of $450,000.00; and WHEREAS, the City and Vendor subsequently entered into an additional Supplemental Agreement on September 13, 2024, adding an additional $100,000.00 in costs; and WHEREAS, the additional Supplemental Agreement executed on September 13, 2024, was erroneously referenced as “Supplemental Agreement No. 1” and shall hereafter be referred to as “Supplemental Agreement No. 2 to ‘City of Round Rock Agreement for Purchase of Building Maintenance, Repair and Operations Supplies and Equipment with Elliot Electric Supply, Inc.’”; and WHEREAS, Supplemental Agreement No. 2 erroneously stated the new total not-to- exceed amount of the Agreement was $400,000.00; and WHEREAS, Supplemental Agreement No. 2 actually increased the new total not-to- exceed amount of the Agreement to $550,000.00; and CM-2024-248 2 WHEREAS, this Amendment shall modify the total not-to-exceed amount of the Agreement to $550,000.00 as a total of $550,000.00 in costs have been lawfully approved by the appropriate authority; and NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Amendment, the City and Vendor agree that said Agreement is amended as follows: I. Section 5.01 (B), Costs, is amended to read as follows: B. The City shall be authorized to pay the Vendor an amount not to exceed Five Hundred Thousand Fifty and No/100 Dollars ($550,000.00) for the term of this Agreement. II. This Amendment 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 Vendor have executed this Amendment to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS ELLIOT ELECTRIC SUPPLY, INC. By: _______________________________ By: ______________________________ Printed Name: ________________________ Printed Name: _______________________ Title: _______________________________ Title: ______________________________ Date Signed: _________________________ Date Signed: ________________________ ATTEST: By: _______________________________ City Clerk FOR CITY, APPROVED AS TO FORM: By: _______________________________ Stephanie L. Sandre, City Attorney Robert A Flores Robert A Flores Treasurer 09/18/2024 Stephanie L. Sandre Laurie Hadley City Manager 09/30/2024 Ann Franklin