1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of June 2023, amends the Agreement entered into between the CITY OF F RESNO, 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 e xhibit or attachment. Furthermore, any terms or conditions contained within any e xhibit 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: 16E03E0B-372A-4712-B943-EE978B7B2428 2 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Brock D. Buche, PE, PLS, Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
SNF Polydyne, Inc.,
A Delaware corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Addresses:
CITY:
City of Fresno
Attention: Cory Asher
5607 W Jensen Ave. Fresno, CA 93706
Telephone No. 559-621-5170
FAX: 559-498-1700
CONSULTANT: SNF Polydyne, Inc.,
Attention: Boyd Stanley
1 Chemical Plant Road Riceboro, GA 31323
Phone: 912-880-2035
FAX: 912-880-2078
DocuSign Envelope ID: 16E03E0B-372A-4712-B943-EE978B7B2428 Boyd Stanley
Sr. Vice-President
6/7/2023
Vice-President
Mark Schlag
6/7/2023
6/7/2023
Clerk Attesting