Amendment to Agreement Page 1 of 2 Form 2.2.1 (2022-11-10)
PURCHASE OF CHEMICALS
AMENDMENT NO. 1 TO AGREEMENT NO. C2023-618
PURCHASE OF CHEMICALS
City Budget Code: 53060116-56310
This Amendment No. 1 (“Amendment”) to City Agreement No. C2023-618, entitled AGREEMENT FOR PURCHASE OF CHEMICALS (“Agreement”), by and between the City of Napa, a California charter city (“City”), and Brenntag Pacific, Inc., a corporation (“Supplier”), is effective on the date last signed by the City, which is identified on the signature page as the “Effective Date.”
RECITALS
A. City and Supplier entered into the Agreement, effective July 27, 2023, for an amount not to exceed $125,000.00, pursuant to which Supplier agreed to perform certain services described in the Agreement (“Services”), generally including supply and delivery of water treatment chemicals.
B. The parties desire to amend the Agreement to increase the Payment total not-to-exceed of the Agreement.
NOW, THEREFORE, the City and the Supplier, for the mutual consideration described herein, agree as follows:
1. INCORPORATION BY REFERENCE. Unless otherwise specified, all subsequent references to the Agreement are deemed to mean the original Agreement as modified by any amendments preceding this Amendment, if any. This Amendment incorporates the Agreement by reference, except and only to the extent that any terms or conditions of the Agreement are specifically modified by this Amendment. All terms and conditions in the Agreement that are not specifically modified by this Amendment remain in full force and effect.
2. PAYMENT. City will compensate Supplier for satisfactory performance of the Services for an additional amount not to exceed $100,000. The cumulative total compensation payable to the Supplier will not exceed $225,000 without prior written authorization from the City (based on $125,000 for the original Agreement and any prior amendments thereto, plus $100,000 for this Amendment).
3. ENTIRE AGREEMENT. Th e Agreement, as modified by this Amendment, constitutes the entire integrated understanding between the parties concerning the Additional S ervices. This Amendment supersedes all prior negotiations, agreements and understandings regarding the Additional Services, whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all , except and only to the extent otherwise specified . If any provision in an exhibit to this Amendment conflicts with or is inconsistent with a provision in the body of this Amendment, the provisions in the body of this Amendment will control over any such conflicting or inconsistent provisions.
4. SIGNATURES; ELECTRONIC SIGNATURES. The individuals executing this Amendment represent and warrant that they ha ve the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities o f Supplier and City. The parties agree that this Amendment may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactio ns Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and authorized assigns.
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective on the Effective Date set ATTACHMENT 1
Amendment to Agreement Page 2 of 2 Form 2.2.1 (2022-11-10)
PURCHASE OF CHEMICALS
forth below.
CITY: SUPPLIER:
CITY OF NAPA, a California charter city BRENNTAG PACIFIC, INC., a corporation
By: By:
Phil Brun, Utilities Director Bill Fjelstad, Interim President
By:
Laura Tua, Municipal Bid Manager
Date:
(“ Effective Date”)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
Sabrina Wolfson, Interim City Attorney
ATTACHMENT 1