FIRST AMENDMENT TO AGREEMENT FOR
SUPPLIES AND SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this _ day of , 2022, by and between the City of Merced, a California Charter Municipal Corporation ("City"), and Univar Solutions USA, Inc., a Washington Corporation, whose address of record is 8201 S. 212th Street, Kent, Washington 98032, ("Vendor").
WHEREAS, City requires the supply and delivery of sodium fluoride; and, WHEREAS, City and Vendor have previously entered into an Agreement for Supplies and Services ("Agreement") dated May 17, 2021; and, WHEREAS, City and Vendor desire to amend said Agreement to exercise the first option to renew and provide for additional compensation.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
Section 24, "FIRST OPTION TO RENEW," is hereby added to the Agreement to read as follows:
"SECTION 24. FIRST OPTION TO RENEW. The City
and Vendor desire to exercise the option to renew the
Agreement for one (1) additional year pursuant to
Section 3, 'Term of Agreement'. The term of this first
renewal shall be from July 1, 2022 to June 30, 2023."
2. Section 25, "ADDITIONAL COMPENSATION," is hereby added to the Agreement to read as follows:
"SECTION 25. ADDITIONAL COMPENSATION.
City shall pay to Vendor the not to exceed additional sum of One Hundred Fifty Thousand Dollars ($150,000.00)
for supply and delivery of sodium fluoride through Fiscal Year 2022-2023 at the amended unit price listed on
Exhibit 1."
X: \Agreements\Public Works|2022\1st Amendment to Supplies and Services Agr - Univar.docx 1 3. Except as herein amended, the Agreement dated May 17, 2021, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
6/2/2022
City Attorney Date
ACCOUNT DATA:
BY:_
Verified by Finance Officer
X: Agreements\Public Works|2022\1st Amendment to Supplies and Services Agr - Univar.doex 2 VENDOR
UNIVAR SOLUTIONS USA, INC.,
A Washington Corporation
3X: say we
Signature
Shawnsay meanthy
Typed Name
Its: Municipal commerialmmage
(Title)
Joseph P. Starmary
(Typed Name)
is: Reyou Via President
Taxpayer I.D. No._ 91-1347935
ADDRESS: 8201 S. 212th Street
Kent, WA 98032
ELEPHONE: (253) 872-504
FAX: 853 82-50
E-MAIL:
[email protected]
X: \Agreements\Public Works\2022\1st Amendment to Supplies and Services Agr - Univar.docx 3 Univar Solutions USA Inc.
8201 S. 212th & UnivarSolutions
Kent, WA 98032-1994
USA
Innovate. Grow. Together.
T 253-872-5000
F 253-572-5041
www.univarusa.com
April 26, 2022
City of Merced
Purchasing Division
2525 O St.
Merced, CA 95340
RE: Renewal for Supply of Sodium Fluoride 03252021
Dear Julio;
Univar Solutions USA Inc. is pleased to offer the following renewal price for the Sodium Fluoride contract.
CHEMICAL QUANTITY RENEWAL UNIT MIN. ORDER COMMENTS
PRICE REQUIREMENT?
16172683 Sodium Per Original $2.15 Pounds
Per Original Price increased
Fluoride agreement Delivered Agreement
NSF grade due to market.
Univar will hold this pricing firm for the renewal term of June 18, 2022-June 17, 2023.
All other information presented with/within the original bid/offer, including the agreed upon terms, conditions etc. remain the same.
Thank you for the opportunity to extend the current contract and to continue to supply the City of Merced. We very much appreciate it.
Sincerely,
Jennifer Perras
Municipal Specialist
Western Region
Univar Solutions USA Inc.
P- (253) 872-5000
F- (253) 872-5041
[email protected]
[email protected]
www.univar.com
EXHIBIT 1
Please Note: Seller shall indemnify Buyer for losses to the extent caused by Seller's negligence or breach of contract. Neither party is liable for incidental or consequential damages. Seller's liability is limited to the purchase price of the goods. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. will appear as separate line items on any invoices from Univar. If Univar's offer (pricing) was inclusive of these Please Note: Where applicable, any State, Federal or other appropriate taxes and/or the California Mill Assessment charges - they will be backed out of the "product" line item and shown as their own line items) at the time of billing