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HomeMy WebLinkAboutSNF Polydyne, Inc - First Amendment to Agreement - 10.04.21DocuSign Envelope ID: 16E03EOB-372A-4712-B943-EE978B7B2428 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 4t� day of October 2021, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City), and SNF Polydyne, Inc., a Delaware corporation (Contractor). RECITALS City and Vendor entered into an Agreement, dated September 19, 2019, for a requirements contract for Cationic Polymer for $1,830,000 per year for two years, (Agreement); and The Agreement purchased the Cationic Polymer through a City of Livermore agreement as a cooperative purchase; and The City of Livermore entered into a first amendment with Contractor to extend the term of the agreement for a one-year term with an optional one-year extension; and The City and Contractor desire to extend the term of the Agreement consistent with Livermore's first amendment, for one-year with an optional one-year extension; and The City and Contractor desire to increase the contract price to not to exceed $3,754,200, for a total contract value of $8,039,364.56. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. The contract price shall be increased by $3,754,200, for a total contract value of $8,039,364.56. 2. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement entered into by City and Contractor, dated September 19, 2019, remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID:16E03EOB-372A-4712-B943-EE978B7B2428 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A Cal ifRoWs.municipal corporation By: ktbuad 4 10/1/2021 lc ae ar ajal Director of the Department of Public Utilities APPROVED AS TO FORM: DOUGLAS T. SLOAN C itY ,,�� W�by-,by By. bVAV'hV1 [b 9/27/2021 Brandon M. Collet Date Senior Deputy City Attorney ATTEST: BRIANA PARRA, CMC Interim,Qjb6,Qqrk By: r lgy(0 �lgVft�tt/�j 10/4/2021 Marco Martinez Date Deputy Addresses: CITY: City of Fresno Attention: Cory Asher 5607 W Jensen Ave. Fresno, CA 93706 Telephone No. 559-621-5170 FAX: 559-498-1700 SNF Polydyne, Inc., A D ME&9grporation By: F664 9/14/2021 Name: Boyd stanley Title: sr. vice -President (If corporation or LLC., Board Chair, Pres. 6 b PWs.) N("� � 9/14/2021 By: o Name: Mark schlag Title: Assistant -Secretary 2 (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) CONSULTANT: SNF Polydyne, Inc., Attention: Boyd Stanley 1 Chemical Plant Road Riceboro, GA 31323 Phone: 912-880-2035 FAX: 912-880-2078