CM-09-09-185,
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
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§
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KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
GENERATOR MAINTENANCE AND SERVICE FROM AUSTIN
FLEET MAINTENANCE dba FLEET MAINTENANCE OF TEXAS"
FIRM: Austin Fleet Maintenance dba Fleet Maintenance of Texas ("Vendor")
ADDRESS: 4800 East 7th Street, Austin, Texas 78702
REFERENCE: Purchase of Generator Maintenance and Service
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of
Generator Maintenance and Service from Austin Fleet Maintenance dba Fleet Maintenance of
Texas" is made by and between the City of Round Rock, Texas (hereinafter called the "City"),
and Austin Fleet Maintenance dba Fleet Maintenance of Texas (hereinafter called the "Vendor").
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Generator Maintenance and Service from Austin Fleet Maintenance
dba Fleet Maintenance of Texas" (hereinafter called the "Agreement") on the 13th day of the
month of October, 2005; and
WHEREAS, the original Agreement was extended by agreement and actions of the
parties for the first allowable renewal period from October 14, 2006 through October 13, 2007;
and
WHEREAS, the original Agreement was extended by agreement and actions of the
parties for the second allowable renewal period from October 14, 2007 through October 13,
2008; and
WHEREAS, the original Agreement was extended by agreement and actions of the
parties for the third allowable renewal period from October 14, 2008 through October 13, 2009;
and
WHEREAS, it has now become necessary to extend the Agreement for the fourth and
final allowable renewal period from October 14, 2009 through October 13, 2010; and
NOW, THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2,O1B shall be amended as follows:
00103766/jkg
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A
B. The initial terra of this Agreement is for twelve (12) months from the effective
date hereof. After that initial 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 tenni, 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
fourth and final renewal of twelve (12) months, following the expiration of the original
term of twelve (12) months and following the expiration of three prior renewal periods, and
this Supplemental Agreement No. 1 extends 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 the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
CITY OF ROUND ROCK, TEXAS
By:
Title: FVlark4 c fir'
Date Signe a . Le,y 2.61`4011
ATTEST:
By:
Sara L. White, City Secretary
FOR CIT A ' PROVED S TO FORM:
By:
Step 1 an L. Sheets, City Attorney
AUSTIN FLEET MAINTENANCE dba
FLEET MAINTENANCE OF TEXAS
By: �.—
Title: pr -t) M4$t4- er
Date Signed: ,� dfie 9
DATE: September 23, 2009
SUBJECT: City Manager Approval — September 25, 2009
ITEM: Consider executing Supplemental Agreement No. 1 for purchase of
generator maintenance and service from Austin Fleet Maintenance dba
Fleet Maintenance of Texas.
Department: Engineering and Development Services
Staff Person: Tom Word, Chief of P.W. Operations
Larry Madsen, Construction Manager
Justification:
The original agreement was effective October 13, 2005 through October 14, 2006, and the
original agreement was extended for the first allowable renewal from October 14, 2006
through October 13, 2007. The second allowable renewal was effective October 14, 2007
through October 13, 2008, and the third allowable renewal was effective on October 14, 2008
through October 13, 2009. It has now become necessary to extend the agreement for the
fourth and final allowable renewal period from October 14, 2009 through October 13, 2010.
Funding:
Cost: Not to exceed $20,327.00
Source of funds: General Fund
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A
UPDATED APRIL 2008