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R-2015-2496 - 6/11/2015 RESOLUTION NO. R-2015-2496 WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase of Generator Maintenance and Service From Allegiance Power Systems, Inc. ("Agreement") in July 2011; and WHEREAS, it has become necessary to extend the term of the Agreement for the second and final of two allowable twelve-month renewal terms; and WHEREAS, the City Council desires to renew said Agreement with Allegiance Power Systems, 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 Term Renewal Agreement No. 2 to "City of Round Rock Agreement for Purchase of Generator Maintenance and Service From Allegiance Power Systems, 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 11th day of June, 2015. AL'X&MCGRAW, Mayor City of Round Rock, Texas ATTEST: 9AA-1- SARA L. WHITE, City Clerk 0112.1504;00335756 EXHIBIT «A„ TERM RENEWAL AGREEMENT NO. 2 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERATOR MAINTENANCE AND SERVICE FROM ALLEGIANCE POWER SYSTEMS,INC." CITY OF ROUND ROCK ) } STATE OF TEXAS ) KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON ) COUNTY OF TRAVIS ) This Term Renewal Agreement No. 2 to"City of Round Rock Agreement for Purchase of Generator Maintenance and Service from Allegiance Power Systems, Inc.," hereinafter called the "Renewal Agreement," is made by and between the City of Round Rock, Texas, hereinafter called "City,"and Allegiance Power Systems, Inc., hereinafter called "Vendor." WHEREAS, City and Vendor executed the referenced "Agreement for Purchase of Generator Maintenance and Service from Allegiance Power Systems, Inc.," hereinafter called the "Agreement," on July 14, 2011, as authorized by Resolution No. R-11-07-14-11D1; and WHEREAS, pursuant to Section 2.01 of the Agreement, the initial term of the Agreement was for three (3) consecutive twelve (12) month periods from the effective date of the Agreement with two (2) allowable successive twelve (12) month renewal periods upon express written agreement of both parties; and WHEREAS,the initial term of the Agreement expired on July 14, 2014; and WHEREAS, the parties entered into Term Renewal Agreement No. 1 on July 10, 2014, tD as authorized by Resolution No. R-2014-1545, extending the term for the first additional twelve (12)month period; and WHEREAS, the parties desire to extend the term of the Agreement for the second and final of two (2) allowable consecutive twelve (12) month renewal terms; and NOW THEREFORE, premises considered, and in consideration of the mutual promises and obligations in the Agreement and this Renewal Agreement, the City and Vendor agree as follows: L Pursuant to Section 2.01 of the Agreement, the term of the Agreement is renewed for the second and final allowable twelve (12) month renewal period. The twelve (12) month renewal term shall commence upon expiration of the first twelve (12) month renewal period of the Agreement. 00333152/ss2 H. This Renewal Agreement embodies the second and final of two (2) allowable twelve (12) month renewal periods and shall extend the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Vendor have executed this Renewal Agreement to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS ALLEGIANCE POWER SYSTEMS, INC. By: By: w, Z'z) Printed Name: Print Name: Title: Tit] Al Date Signed: Date Signed: ATTEST: By: Sara L. White, City Clerk FOR CITY, A P ROVED AS O FORM: By: L- - ) '6�. Stephan .`Sheets, City Attorney a