Cities Index.
3 - Attachment 2 - City of Rialto_Rialto Utility Authority Amendment 1.docx

Water Subcommittee
June 28, 2023

Document
3 - Attachment 2 - City of Rialto_Rialto Utility Authority Amendment 1.docx
Meeting
June 28, 2023
Body
Water Subcommittee
Original file
22 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

AMENDMENT NUMBER 1 TO MARKETING LICENSE AGREEMENT
EFFECTIVE DATE OF AMENDMENT: ______________
THIS AMENDMENT NUMBER ONE (“Amendment No. 1”) to the MARKETING LICENSE AGREEMENT dated as of April 24, 2018 (“Agreement”), is by and between Service Line Warranties of America, Inc. (“Service Line Warranties”), Utility Service Partners Private Label, Inc. d/b/a SLWA Insurance Services (“USPPL”, and together with Service Line Warranties, “SLWA”) and City of Rialto/Rialto Utility Authority (“RUA”). Each of Service Line Warranties, USPPL and RUA are referred to herein singularly as “Party” and collectively as the “Parties”. Capitalized terms used in this Amendment No. 1 not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

WHEREAS, the Parties desire to amend the Agreement as stipulated herein; NOW, THEREFORE, in consideration of the mutual covenants and promises as set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

Utility Service Partners Private Label, Inc d/b/a SLWA Insurance Services is hereby added as a Party to the Agreement.

Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following:
“4. Consideration. As consideration for such license, SLWA will pay to RUA an annual License Fee of Seven Thousand Two Hundred Dollars ($7,200) ("License Fee") for each contract year commencing after the earlier to occur of (i) the effective date of Amendment No. 1 hereto and (ii) July 1, 2023. Payment of the License Fee is subject to RUA’s timely approval of all marketing materials for the prior contract year and the approval and mailing of the first campaign of the then current contract year. SLWA will pay the applicable License Fee to RUA within thirty (30) days after such campaign mailings have been made and applicable RUA approvals secured.” Section 7 of the Agreement is hereby amended by changing SLWA’s address for notices under the Agreement to read as follows:
“SLWA:

ATTN: Chief Growth Officer
Utility Service Partners Private Label, Inc.
601 Merritt 7, 6th Floor
Norwalk, CT 06851
Phone: (203) 840-8276”
Section II of Exhibit A to the Agreement is hereby amended by deleting the first line thereof and replacing it with the following:
“II. Annual License Fee – $7,200 for each contract year of the Term commencing after the earlier to occur of (i) the effective date of Amendment No. 1 hereto and (ii) July 1, 2023, for:” Except as otherwise modified or amended by this Amendment No. 1, all other provisions, terms and conditions of the Agreement remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the Parties have duly executed this Amendment No. 1 as of the Effective Date set forth above.

SERVICE LINE WARRANTIES OF AMERICA, INC.

By: _______________________________

Printed Name: _______________________

Title: ______________________________

Date: ______________________________

CITY OF RIALTO/RIALTO UTILITY
AUTHORITY, a municipal corporation
By: _______________________________

Printed Name: _______________________

Title: ______________________________

Date: ______________________________

UTILITY SERVICE PARTNERS PRIVATE
LABEL, INC. D/B/A SLWA INSURANCE

SERVICES
By: _______________________________

Printed Name: _______________________

Title: ______________________________

Date: ______________________________
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