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CM-09-07-137SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF ANALYTICAL SERVICES FROM TEST AMERICA LABORATORIES, INC." THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS § § § § § § KNOW ALL BY THESE PRESENTS: FIRM: Test America Laboratories. Inc. ("Vendor") ADDRESS: 4101 Shuffel Street NW, North Canton, Ohio 44720 REFERENCE: Purchase of Analytical Services This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Analytical Services from Test America Laboratories, Inc." is made by and between the City of Round Rock, Texas (hereinafter called the "City") and Test America Laboratories, Inc. (hereinafter called the "Vendor"). WHEREAS, the City and the Vendor executed the referenced "City of Round Rock Agreement for Purchase of Analytical Services from Test America Laboratories, Inc." on the 1st day of August, 2008; and WHEREAS, it has become necessary to amend the Agreement to provide for extension by renewal for the first allowable term; NOW THEREFORE, premises considered, the City and the Vendor agree that said Agreement is amended as follows: I. Section 2.01, subsection (B) shall be amended as follows: B. The term of this original Agreement was for one (1) twelve (12) twelve-month period from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the expiration date of the initial twelve (12) month term, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. 00163967/ml 0125.0902 (Lt!`..l . IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental Agreement No. 1 in duplicate originals. CITY OF ROUND ROCK, TEXAS By: Name: Title: Date Signed: ATTEST: By: Sara L. White, City Secretary FOR CITY, PPROVED AS TO FORM: By: Step L. Sheets, City Attorney TEST AMERICA LABORATORIES, INC. By: Cn Name: Carl W. Skelley Title: Lab Director Date Signed: June 30,2009 2 DATE: July 13, 2009 SUBJECT: City Manager Approval —July 17, 2009 ITEM: Supplemental Agreement for Analytical Services from Test America Laboratories, Inc. Department: Staff Person: Justification: Water & Wastewater Utilities Michael D. Thane, P.E. Director of Utilities This Supplemental Agreement No. 1 is the first renewal of twelve months to the initial Agreement for purchase of Analytical Services for the Environmental Services and Water Treatment Divisions. The contract includes testing water, wastewater, environmental and industrial wastewater samples with a NELAC (National Environmental Laboratory Accreditation Conference) certified laboratory that is able to provide traceable documentation validating analytical results. Funding: Cost: Estimated at $30,385 annually Source of funds: Utility Fund (5374-200-64000) Outside Resources: Test America Laboratories, Inc. Background Information: The original agreement was executed in August 2008, for one twelve-month period. The agreement may be renewed, for up to four successive twelve-month terms with no other changes to the agreement other than extending the original term. Various analytical testing is required by state and EPA mandated programs such as the Industrial Pretreatment as well as water quality requirements for the drinking water system. This contract renewal is with an NELAC accredited laboratory. Public Comment: N/A Blue Sheet Format Updated 042008 Request for City Council/City Manager Action 1E1 City Council I] City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Water 8 Wastewater Utilities Contact Person: Chaz Gordon / Kathy Michna Project Mgr/Resource: Project Coordinator Assigned Attorney. Wheel than City Council or City Manager Approval Date: Agenda Wording rC For Adttibt-at cv ersnONLY Received: JUl 1 E 20,19 ,y/ Tag a: Original Documents Received: 9 Project Name: AmtydS sewn. ContracterNendor: Test America Lta&xis, Inc. Funding Source: Ugly Fund Additional funding Source: Amount: 7/17/2009 30.385 Account Number: 5374-20094000 Supplemental Agreement for Analytical Services from Test America Laboratories, Inc. Finance Information Is Funding Required? Yesp❑ No OQ Q Initial Construction Contract Construction Contract Amendment 11 O Lhange Order p — ❑Change in Quantity ❑Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement h 1 Q Purchasing/Service Agreement Q Purchase Order Item(s) to be purchased Other (Please clearly identify action on lines below) Amount 30,395 APPROVALS ire be cnRdelad DML Y by F,.n) FINANCE Flet Finan s Approval Required NIA Lola Awaked Finance/CPI FlnarlcelAcct C1CI Purchasing Budget Dale Dale Date Date Finance Praetor pale Once approvals have been obtained, please forward the RFA, blue sheet, back up information and originals to Cry Secretary, Sara Whrfe. HEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION. Required for Submission MALL City Council and City Manager Items Project Mgr. Signature: Dept. Director Signature: 'City Attorney Signature City Manager Signature: Date: as, Date: l3 n Date 1 1'1Cif I Date: 'I yY/f I Dct signature is required for all item/ / REVISED 7/13/2009 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: PUBLIC WORKS Project Mgr/Resource: TRACY HERRING EJCouncil Action: ORDINANCE Agenda Wording SUPPLEMENTAL AGREEMENT FOR Project Name: ANALYTICAL SERVICES ContractorNendor: TEST AMERICA LABRATORIES, INC. ri RESOLUTION City Manager Approval CMA Wording Supplemental Agreement for Analytical Services from Test America Labratories, Inc. Attorney Approval �x Attorney Notes/Comments Date 7.6.