FIRST AMENDMENT
TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and
entered into on November __, 2021 (Effective Date), amends the Requirements Contract entered into between the City of Fresno, a California municipal corporation (City), and Kemira Water Solutions, Inc., a Delaware corporation (Contractor).
RECITALS
1. City and Contractor entered into a th ree-year Requirements Contract dated February 8, 2021, to provide ferric chloride for use at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) in the amount of $1,218,821.80, with a provision for two one-year extensions (Agreement).
2. City now requires additional ferric chloride for use at the RWRF. The parties have agreed that Contractor will provide additional ferric chloride for an increase in the contract cost.
3. With entry into this Amendment, Contractor agrees it has no claim, demand, or dispute against City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals set forth above are incorporated herein by this reference and made part of this Amendment.
2. Contractor shall provide additional ferric chloride for use at the RWRF.
3. City shall pay to Contractor the additional cost of $580,000, for a total cost in the first year of the contract of $1,7 98,821.80. In the remaining two years of the contract with Contractor, City shall pay the additional cost of $336,018.20 for a total cost in the second and third years of the contract of $1,554,840.
4. Except as otherwise provided herein, the Agreement remains in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE.]
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written.
City of Fresno,
a California municipal corporation
By:
Michael Carbajal, Director
Department of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Pauline Brickey Date
Deputy City Attorney
ATTEST:
BRIANA PARRA, CMC
Interim City Clerk
By:
Date
Deputy
Kemira Water Solutions, 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: CONTRACTOR:
City of Fresno Kemira Water Solutions, Inc.
Attention: Cory Asher Attention: Christina Imbrogno
5607 W Jensen Ave. 4321 W. 6
th Street
Fresno, CA 93706 Lawrence, KS 66049
Telephone No. 559-621-5170 Telephone No. 785-842-7424 FAX: 559-498-1700
Attachments:
Original Requirements Contract
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