THIRD AMENDMENT TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO FURNISH & DELIVER
12.5% SODIUM HYPOCHLORITE FOR WATER TREATMENT
This Third Amendment to Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (this “Third Amendment”) is made and entered into on this ____ day of ________, 2023, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Waterline Technologies, Inc. (“Consultant”).
R E C I T A L S:
A. City and Consultant entered into that certain Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (the “Original Agreement”) on September 18, 2018.
B. City and Consultant entered into that certain First Amendment to the Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (“First Amendment”) on December 18, 2020.
C. City and Consultant entered into that certain Second Amendment to Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (“Second Amendment”) on January 13, 2022.
The Original Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the “Agreement”.
D. City and Consultant desire to amend the Agreement in the manner provided herein.
C O V E N A N T S:
Section 1.1 Term of the Agreement is hereby amended to extend the contract one year by changing the end date of the original agreement from September 30, 2022 to September 30, 2023.
Section 3.1 Payment Schedule of the Agreement is hereby amended by increasing the not to exceed amount from Seventy Two Thousand Four Hundred Twenty Dollars ($72,420) to One Hundred Two Thousand, Four Hundred and Twenty Dollars ($102,420) for the remainder of the Agreement based on the pricing listed in Exhibit A of this Third Amendment, which exhibit is attached hereto and incorporated herein by this reference.
Except as expressly amended by this Third Amendment, the remaining portions of the Agreement shall remain in full force and effect.
Attachment 4
DRAFT
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
__________________________
(“CONSULTANT”)
By:_____________________________
Its:_____________________________ DRAFT
Dated: __________________, 20____
EXHIBIT “A”
Please see attached Renewal Letter from Waterline Technologies, Inc.
DRAFT
August 29, 2022
City of San Clemente Utilities
Julie Schmidt, Management Analyst II
Phone: (949) 361‐6198 Fax: (949) 361‐8234
schmidtj1@san‐clemente.org
Subject: Amendment to Contract for Sodium Hypochlorite
Waterline Technologies Inc. would like to extend the current contract to supply Sodium Hypochlorite 12.5%. Effective 10/1/2022 through the end of the contract 9/30/23. Pricing shall be $2.43 per gallon delivered to the City Reservoir sites.
Due to market conditions pricing can not be held firm beyond 90 days.
Thank you
Tom Berrey, GM
Waterline Technologies
DRAFT
Inc.