Amendment No. 2 to Agreement/Nalco Company LLC Page 1
Rev. 10/25/19
Ebix Insurance No. S200001195
AMENDMENT NO. 2
TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
NALCO COMPANY, LLC
PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Nalco Company, LLC a Delaware limited liability company, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for the Performance of Services by and Between the City of Santa Clara, California and Nalco Company LLC, dated August 31, 2018” (Agreement); and B. The Agreement was previously amended by Amendment No. 1, dated November 10, 2021. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide water treatment services at Donald Von Raesfeld (DVR) Power Plant and the Cogeneration Plant (Cogen), and the Parties now wish to amend the Agreement to extend the term until December 31, 2023.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 5 of the Agreement as Amended, entitled “TERM OF AGREEMENT” is amended to read as follows:
“Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on December 31, 2023.”
2. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
Amendment No. 2 to Agreement/Nalco Company LLC Page 2
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
NALCO COMPANY LLC
a Delaware limited liability company
Dated:
By (Signature):
Name: Karen Murphy
Title: Western Region Assistant Vice President
Principal Place of
Business Address:
1601 West Diehl Road
Napperville, Illinois 60563
Email Address: [email protected]
“CONTRACTOR”