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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 42868
PROFESSIONAL SERVICES AGREEMENT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT
NO.42868 — PROFESSIONAL SERVICES AGREEMENT ("First Amendment") is
made and entered into by and between the City of Fort Worth, a home-rule municipal
corporation of the State of Texas ("City"), acting by and through its duty authorized
Assistant City Manager,and AMP-TX Energy,LLC,d/b/a AMP Energy Consulting,a
Texas limited liability company ("Consultant"), acting by and through its duly authorized
representative, as successor-in-interest to AMP Energy Consulting, a Texas sole
proprietorship.
WHEREAS, in February 2012, the City and AMP Energy Consulting, a Texas
sole proprietorship, entered into a contract for AMP Energy Consulting to provide City
with certain professional services associated with the reconciliation of the City's past
electricity usage and associated billings, the same being Fort Worth City Secretary
Contract No. 42868 (the"Agreement"); and
WHEREAS, in January 2013, Amp Energy Consulting filed a certificate of
formation with the Texas Secretary of State to from a Texas limited liability company
known as AMP-TX Energy, LLC, d/b/a AMP Energy Consulting, with the newly formed
company providing services to the City under the Agreement as successor-in-interest;and
WHEREAS, the City is currently in ongoing negotiations with a former
electricity provider in connection with billing reconciliations and desires to retain
Consultant's services in connection with these negotiations; and
WHEREAS, the protracted nature of the negotiations has caused the City to
exhaust the funds that were initially allocated for Consultant's services and additional
services are still required; and
WHEREAS, the parties now wish to amend the Agreement to extend the term
and increase the total funding so that Consultant can continue to provide the City with
services in connection with the on-going negotiations.
NOW,THEREFORE,City and Consultant do hereby covenant and agree as follows:
OFFICIAL RECORD
CITY SECRETARY
First Amendment to Professional Services Agreement with AMP Consulting FT.WO19%MX
RECEIVED OCT 29 2913 RECEIVED N_U'i 01 2t0i3
1.
That Fort Worth City Secretary Contract No. 42868 is hereby renewed and extended
through March 31, 2014, unless terminated earlier in accordance with the terms of the
Agreement.
2.
That Fort Worth City Secretary Contract No. 42868 is hereby amended to delete the
provision entitled"Fees for Services" in its entirety and to enact a new, revised"Fees for
Services"provision to read as follows.-
Fees for Services. For Consulting Services provided by Consultant, Client shall
pay Consultant $150.00 per hour, up to a maximum of $17,000.00, for
completion of projects outlined under Retention of Consultant. All travel, food,
lodging, and other work-related expenses, except automobile mileage, associated
with the provision of services hereunder shall be considered outside of Consulting
Services,will be billed at cost. Automobile mileage shall be billed at the mileage
rate as published by the Internal Revenue Service. However,no billable expense
shall be incurred or accrued by Consultant without prior written
request/consent from Client.
3.
That this First Amendment may be executed in one`or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same
instrument and that signed signature pages may be transmitted by facsimile or e-mail,and
any such signature shall have the same legal effect as an original signature.
4.
That all other terms and conditions of City Secretary Contract No. 42868 that are not
amended herein shall remain in full force and effect.
IN WITNESS W11FREOF,the parties hereto have executed this First Amendment on this
f OMday of October,2013.
CITY OF FORT WORTH AMP-TX ENERGY,LLC,D/B/A
A�M,P ENERGY CONSULTING
harles W. Daniels,Asst. City Manager Caitlin Bowdish,Member
f �
Approved as tqr Form an Legality:
By:
Denis CkWcE-froi, Asst. City Attorney
No M&C Requik-d/
Attest;:
By:
Mary l. Kay ere
OFFICIAL RECORD
CITY SECRETARY
First Amendment to Professional Services Agreement with AMP Consulting F1p1#RWJ TX