HomeMy WebLinkAboutSNF Polydyne, Inc - Second Amendment to Agreement - 06.30.23DocuSign Envelope ID: 16EO3EOB-372A-4712-B943-EE978B7B2428
SECOND AMENDMENT TO AGREEMENT
THIS SEj�gND AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this t day of June 2023, amends the Agreement entered into between the
CITY OF FRESNO, a municipal corporation (City), and SNF Polydyne, Inc., a Delaware
corporation (Contractor).
RECITALS
The City and Contractor 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 extend the term of the Agreement consistent with
Livermore's first amendment, for one-year with an optional one-year extension; and
The City entered into a first amendment with Contractor to increase the contract price
to not to exceed $3,754,200, for a total contract value of $8,039,364.56.
The City and Contractor desire to increase the contract price to not to exceed
$1,106,000, for a total contract value of $9,145,364.56.
AGREEMENT
NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as
follows:
1. The contract price shall be increased by $1,106,000, for a total contract value
of $9,145,364.56.
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 dated September 19,
2019 and the First Amendment to Agreement dated October 4, 2021 entered into by the City
and Contractor, remain 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 C I4fonicipal corporation
6/29/2023
By:
Brock D. Buche, PE, PLS, Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City BEJgw'd by:
4" 5�" �"'f" 6/7/2023
By.
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
city p,rh Signed by:
6/30/2023
Tina M. Your 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 Derjf5?&�4
'rai�gporation
Y
B SfatAlq 6/7/2023
,
Name: Boyd Stanley
Title: sr. vice -President
(If corporation or LLC., Board Chair, Pres.
or 00 Ig rc�dl�y�
By: 6/7/2023
Name_ Mark schl ag
Title: vice -President
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