Contract - Smart Energy Systems, LLC - 1/25/2018 SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK `SOFTWARE AS A SERVICE' &
PROFESSIONAL SERVICES AGREEMENT
WITH
SMART ENERGY SYSTEMS, LLC"
CITY OF ROUND ROCK §
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
THIS SUPPLEMENTAL AGREEMENT NO. 1 to "City of Round Rock `Software as a
Service' & Professional Consulting Services Agreement with Smart Energy Systems, LLC,"
hereinafter called "Supplemental Agreement No. 1," is made by and between the City of Round
Rock, Texas, a home-rule municipality (hereinafter referred to as the "City") and Smart Energy
Systems, LLC (hereinafter referred to as "SES").
WHEREAS, the City and SES executed the referenced "City of Round Rock Agreement
for `Software as a Service' & Professional Consulting Services Agreement," hereinafter called
the"Agreement,"on September 28, 2017 by Resolution No. R-2017-4795; and
WHEREAS, the City desires to amend the Agreement to add an additional service to the
Scope of Services, specifically a Text Messaging Module; and
NOW THEREFORE,premises considered, and in consideration of the mutual promises
and obligations in the Agreement and this Supplemental Agreement, the City and SES agree as
follows:
I.
Exhibit "A" to the Agreement ("Scope of Work") is supplemented by the attached
Amended Exhibit "A," attached hereto and incorporated herein by reference. Amended Exhibit
"A" adds a Text Messaging Module to the Scope of Services.
II.
Section 4. FEES AND PAYMENTS shall be amended as follows:
4.1 Fees. All implementation fees, software subscription fees, and any other
applicable fees, shall be set forth in the attached Statement of Work (Exhibit "A") and Exhibit
"B," Amended Fees, set forth and incorporated herein by reference for all purposes. The one-
time set up fee for the addition of the Text Messaging Module, as well as the entire amount of
the one-year payment option will be invoiced upon signing of Supplemental Agreement No. 1.
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Ongoing charges (as applicable) will be invoiced to City on a monthly basis. All invoices are
due net-30 days from the date of the invoice.
4.2 Not -to-Exceed Amount. City shall be authorized to pay SES an amount not to
exceed Twe utindred Pive Thousand and No/ nn Dollars ($205,000.00) Two Hundred Eighty-
Four Thousand and No/100 Dollars ($284,000.00) for the term of this Agreement.
IN WITNESS WHEREOF, the City and SES have executed this Supplemental
Agreement No. 1 to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS SMART ENERGY SYST S,LLC
By: By:
Printed Name: Printed Name: AMMI SJ yl )X
Title: kA a Title: 1• 'GYl S
Date Signed: ' Date Signed: i 44 j�g
ATTEST:
s
By: f
J Sara-f. White, City Clerk
FOR CITY,AP ROVED AS TO FORM:
By:
Step an L Sheets, City Attorney
2
Exhibit "A"
SEW
SMART ENERGY WATER
Change Order
Change Request Title City of Round Rock SCM
Pro�Name _ City of Round Rock SMS Capabilities
Change Request ID# CR#001 Date of Request 11/16/2017
Project Details
Change Order Overview
Description: Pursuant to the terms of the Professional Service Agreement entered between Smart Energy Systems,
LLC("SES")and City of Round Rock ("Client"),the Client wishes to engage SEW to deliver and integrate SMS services
into Client's SCM solution.
Type of Change Recommended Solution
❑ Additional Modules SCM to serve as the interface for Client's customers to opt in to receive text messages basedx
❑x Additional Features on their notification preference. SEW will acquire a short code on behalf of Client which will
� ❑ Customization
be used to send SMS messages to enrolled customers of Client's SCM solution.
j ❑ Additional Licenses
❑ System Integration
Technical Documentation/Im pact Assessment
M Solution: SEW to acquire either a generic or vanity short code from an SEW short code
partner and integrate it with the SEW platform.
When a notification is triggered by either the SEW platform or Client's CIS,the SCM application
l will verify which customers have the Text Notification preferences set to 'Y' and platform will
send the SMS message to the subscriber(s) by invoking a series of API's that have been
integrated with the short code partner.
Impact:SMS notifications will be sent out to Client's eligible customers base on the triggered
event coming from either the SEW system or Client, CIS. The trigger function will be
dependent on the timeliness, accuracy, and completeness of the data provided by
both Client, CIS platform and the information (PTN) provided by Client's customer when
a agreeing to receive text messages
Priority to Implement ❑ Critical:
® High:
❑ Normal:
❑ Low:
m Project Impads'/'Scope �
SEW will implement the software changes for the required functionality per the
recommended solution stated above. Specifically,this will include:
1- SEW will acquire a short code to be used on behalf of Client to allow text messaging
capabilities to Client's customers that are registered users of Client's SCM solution.
Scope 2- Enable Client's SCM solution to allow Client's customers to opt in to receive text
messages and provide a valid phone number. Client's customer can provide either
one phone number for each notification type or different phone numbers per
notification type.
3- Give Client's customers the ability to designate a time each day when they do not
wish to receive text messages. Client's customers will have the ability to set their own
w'l�TFB
`Quiet Hours' within the My Account module.
One-time set-up fee: 500.00
1 Please select the type of code and payment option from the table below:
SMS Service Pees(On-going) Pricing
! Short Code Fees:
i ❑Option 1:Random Code $1,100 per month
(Discounted$1,700 if paid for the year) $11,500 per year
Vanity Short Code:
❑ Option 2:Vanity Code $1,600 per month
❑ (Discounted$2,450 if paid for the year) $16,750 per year
j Cost One-time Setup Fee $4,500
I Short Code Text Messages(in-bound) $0.003 per message
i
Short Code Text Messages(out-bound) $0.008 per message
*8-12 weeks for carrier approval
**Short code fees start at the beginning of the approval
process
The one-time setup fee, as well as the entire amount of any selected one-year payment
options(as applicable)will be invoiced upon signing. Ongoing charges(as applicable)will be
invoiced to Client on a monthly basis.All invoices are due net-30 days from the date of
i invoice.
Accepted By:City of Round Rock Accepted By:Smart Energy Systems,LLC
Signature: Signature:
Date: Date:
EXHIBIT"B
AMENDED FEES
Smart Energy Systems
Contract 820174795(Contract Term 5 years)
Utility&Customer Engagement Software
Change Order#1-Pricing Summary
Item# Description Frequency Unit Cost Extended Esimated Cost(5 years)
1 One-Time Set-up Fee One-Time $ 4,500.00 $ 4,500.00
2 Short Code Fee Yearly $ 11,500.00 $ 57,500.00
3 Short Code Text Message
* In Bound$.003 Monthly Estimate $283.33 $ 17,000.00
*Out Bound $.008
Total Change Order $ 79,000.00
*Assumes a 30%adoption rate.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos.1-4.and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-293379
Smart Energy Systems,LLC
Irvine,CA United States Date Piled:
2 Name of governmental entity or state agency that is a parry to the contract for which the form is 12/12/2017
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Change Request ID=CR001
Change Request to the Professional Services Agreement between Smart Energy Systems,LLC and the City of Round Rock for the
addition of the Text Messaging Module to the existing SCM Software Platform.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
-
5 Check only if there is NO Interested Party. a
X
6 AFFIDAVIT
I swear,or affirm,under penalty of perjury,three above disclosure is true and correct.
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E"RIKA SORIA � `
COMM#2103939
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AFFIX NOTARY STAMP 1 SEA[_ ABOVE
7
Sworn to and subscribed before me,by the said ka, this the day r of
20 to certify which,witness my hand and seal of office. s
Signature f office iadministering oath Printed name of officer administering oath Title of officer admi 3istering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-293379
Smart Energy Systems, LLC
Irvine, CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/12/2017
being filed.
City of Round Rock Date Acknowledged:
01/24/2018
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Change Request ID#CRO01
Change Request to the Professional Services Agreement between Smart Energy Systems, LLC and the City of Round Rock for the
addition of the Text Messaging Module to the existing SCM Software Platform.
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337