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CM-13-12-234ROUND ROCK TEXAS PURPOSE IW.SION PRO{PfRITV City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Supplemental Agreement No. 1 to The City of Round Rock Agreement for Consulting Services for Data Extraction with Mark Dostie d/b/a Echelon Systems for the conversion of data from the Highline System to the Munis System. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/6/2013 Dept Director: Cheryl Delaney, Finance Director Cost: $3,400.00 Indexes: General Self -Financed Construction Attachments: Mark Dostie d -b -a Echelon - Supplemental Agreement No. (10-10-13) (00284661).PDF, LAF, S.A. No.1, Data Extraction, Echelon Systems.pdf, CM Agenda Packet. Consulting, M. Dostie.pdf Department: Finance Department Text of Legislative File CM -13-12-234 The City and Consultant executed the referenced "City of Round Rock Agreement for Consulting Services for Data Extraction with Mark Dostie d/b/a Echelon Systems," for conversion of data from the Highline System to the Munis System. Due to unforeseen difficulties with this conversion the consultant was required to spend more time than originally planned for, therefore, it has now become necessary to execute Supplemental Agreement No. 1 to amend the Original Agreement to increase the compensation by $3,400 for a total of $25,400 dollars. Staff recommends approval City of Round Rock Page 1 Printed on 12/5/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIUCITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Finance Project Mgr/Resource: Cheryl Delany []Council Action: ORDINANCE Agenda Wording S.A. #1 for Consulting Agreement with Mark Project Name: Dostie for Data Conversion ContractorNendor: Mark Dostie n RESOLUTION []City Manager Approval CMA Wording Consider executing a Supplemental Agreement No. 1 to The City of Round Rock Agreement for Consulting Services for Data Extraction with Mark Dostie d/b/a Echelon Systems for the conversion of data from the Highline System to the Munis System. Attorney Approval Attorney Notes/Comments Date p/ai/iy O:\wdox\SCCInts10117\1303\MUNICIPAL\00283589.XLS Updated 6/3/08 CITY OF ROUND ROCK STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES FOR DATA EXTRACTION WITH MARK DOSTIE D/B/A ECHELON SYSTEMS" THIS SUPPLEMENTAL AGREEMENT NO. 1 to "City of Round Rock Agreement for Consulting Services for Data Extraction with Mark Dostie d/b/a Echelon Systems," hereinafter called "Supplemental Agreement No. 1," is made by and between the City of Round Rock, Texas, a home -rule municipality, hereinafter called the "City" and Mark Dostie d/b/a Echelon Systems, hereinafter called the "Consultant." WHEREAS, the City and Consultant executed the referenced "City of Round Rock Agreement for Consulting Services for Data Extraction with Mark Dostie d/b/a Echelon Systems," hereinafter called the "Agreement," on May 17, 2013; and WHEREAS, it has now become necessary to execute Supplemental Agreement No. 1 to amend the Original Agreement to increase the compensation by $3,400.00 to a total of $25,400.00; and NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, the City and Consultant agree that said Agreement is amended and supplemented as follows: I. Section 1.02 of the original agreement is hereby amended to read as follows: 1.02 CONTRACT AMOUNT In consideration for the consulting services to be performed by Consultant, City agrees to pay Consultant a total sum not to exceed Twenty -Five Thousand Four Hundred and No/100 Dollars ($25,400.00), in payment for services delineated in Exhibit "A" and the Supplement to Exhibit "A" and herein in Section 1.03. 00283762/ss2 CM -13-12--z.34 II. Section 1.03 of the original agreement is hereby amended to read as follows: 1.03 SCOPE OF SERVICES For purposes of this Agreement, Consultant has issued its Proposal to Round Rock for the assignments delineated herein, and such Proposal to Round Rock is delineated in Exhibit "A" and the Supplement to Exhibit "A" attached hereto and incorporated herein by references for all purposes. The Statement of Services and Proposal to Round Rock contained in Exhibit "A" and the Supplement to Exhibit "A" constitute the "Scope of Services." This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Consultant shall satisfactorily provide all services and deliverables described under the referenced Scope of Services within the contract term specified in Section 1.01. Consultant's undertakings shall be limited to performing services for the City and/or advising the City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with this Agreement and in accordance with the referenced Scope of Services. Consultant shall perform its services in accordance with this Agreement and in accordance with the referenced Scope of Services. Consultant shall perform its services in a professional and workmanlike manner. Consultant shall not undertake work that is beyond the Scope of Services set forth in Exhibit "A" and the Supplement to Exhibit "A" and in this Section 1.03. However, either party may make written requests for changes to the Scope of Services. To be effective, a change to the Scope of Services must be negotiated and agreed to in all relevant details, and must be embodied in a valid additional Supplemental Agreement as described in Section 1.05 hereof. III. Section 1.04 of the original Agreement is hereby amended to read as follows: 1.04 PAYMENT FOR SERVICES; REIMBURSABLE EXPENSES Payment for Services: In consideration for the consulting services to be performed by Consultant, the City agrees to pay Consultant the following "Payment for Services:" Fees for the consulting services as delineated in Exhibit "A" and the Supplement to Exhibit "A" will be billed at the hourly rate of One Hundred Ten and No/100 Dollars ($110.00) for actual work performed and properly documented, on a time and materials basis, in conformity with Exhibit "A" and the Supplement to Exhibit "A." Payment for Reimbursable Expenses: No reimbursable expenses are included as part of the not -to -exceed fee of $25,400.00 recited herein in Section 1.02, and no additional payment shall be made by the City to Consultant for reimbursable expenses. 2 Not -to -Exceed Total Payment of Services: Unless subsequently changed by an additional Supplemental Agreement, Consultant's total compensation for consulting services hereunder, shall not exceed Twenty -Five Thousand and No/100 Dollars ($25,400.00). This amount represents the absolute limit of the City's liability to Consultant hereunder unless same shall be changed by an additional Supplemental Agreement, and the City shall pay, strictly within the not -to -exceed sum recited herein, Consultant's consulting fees for work done on behalf of the City. 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. CITY OF ROUND ROCK, TEXAS MARK DOSTIE D/B/A EC SYSTEMS By: Printed Name: Title: Date Signed: ATTEST: By: Sara L. White, City Clerk FOR CITY, APPROVED AS TO FORM: B Y� Stephan Sheets, City Attorney 3 By: Printed Name: Title: Date Signed: *t 2c' 3 SUPPLEMENT TO EXHIBIT "A" STATEMENT OF SERVICES In addition to the Statement of Services set forth in Exhibit "A," Consultant agree to complete the following additional work for the City: WORK HOURS COST Building of additional process for extraction 12 $ 1200 Extract from tables 7.5 $750 Modify tool to specific pay run 2.5 $250 Modify tool to specify export files 4 $400 Testing 6.5 $650 Install and test 1.5 $150 TOTAL $3400 4