ATTACHMENT A
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Ferguson Enterprises, Inc./Project CC20- 014/Amendment 6
AMENDMENT NUMBER: SIX
TO
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
FERGUSON ENTERPRISES, INC.
FOR
FURNISH AND DELIVER WATERWORKS PRODUCTS AND SUPPLIES
PROJECT CC20-014
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______, 2024 by and between the Victorville Water District , a County Water District and subsidiary district of the City of Victorville , organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Ferguson Enterprises, Inc., a Virginia corporation, hereinafter referred to as “Service Provider.” The District and the Service Provider are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the District has a General Services Provider Standard Agreement (hereinafter referred to as “Original Agreement”) with the Service Provider to furnish and deliver various waterworks products and supplies on an as needed basis, Project CC20- 014; and
2. WHEREAS, on or about August 18, 2020, Amendment One (1) was issued to the Original Agreement to amend Section 4., Proposal, to include Service Providers revised Proposal; and exercise Option 1 of 4, additional one-year periods, amending Section 6., Term of Agreement, to commence July 1 , 2020, and expire June 30, 2021. Section 3., Compensation, annual not to exceed sum of $900,000 (as approved by the Board at their meeting held July 7, 2020), remained unchanged; and
3. WHEREAS, on or about September 17, 2021 , Amendment Two (2) was issued to the Original Agreement to amend Section 3., Compensation, annual not to exceed sum from $900,000 to $600,000; amend Section 4., Proposal, to include Service Providers revised Proposal; and exercise Option 2 of 4, additional one-year periods, amending Section 6., Term of Agreement, to commence July 1, 2021 and expire June 30, 2022; and
4. WHEREAS, on or about March 31, 2022, Amendment Three (3) was issued to the Original Agreement to increase Section 3., Compensation, by $267,275.00, thereby amending the annual not to exceed sum from $600,000.00 to $867,275.00; and
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Ferguson Enterprises, Inc./Project CC20- 014/Amendment 6
5. WHEREAS, on or about September 13, 2022, Amendment Four (4) was issued to the Original Agreement to amend Section 3., Compensation, annual not to exceed sum from $867,275.00 to $ 870,000.00; and exercise Option 3 of 4, additional one -year periods, amending Section 6., Term of Agreement, to commence July 1, 2022, and expire June 30, 2023; and
6. WHEREAS, on or about August 31, 2023, Amendment Five (5) was issued to the Original Agreement to exercise Option 4 of 4, additional one- year periods, amending Section 6., Term of Agreement, to commence July 1, 2023, and expire June 30, 2024; and
7. WHEREAS, it is the desire of the Parties to issue Amendment Six (6 ) to the Original Agreement to increase Section 3., Compensation by $569,100.00, thereby amending the annual not to exceed sum from $870,000.00 to $1,439,100.00; and
8. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The District shall pay a total annual sum not to exceed One Million Four Hundred Thirty-nine Thousand One Hundred and 00/100 Dollars ($1,439,100.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.”
Except as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Ferguson Enterprises, Inc./Project CC20- 014/Amendment 6
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
VICTORVILLE WATER DISTRICT FERGUSON ENTERPRISES, INC.
By: ________________________________ By: _______________________________ Elizabeth Becerra, Michael Balla,
District Chairman Area Manager
Dated: ______________________________ Dated: _____________________________
ATTEST
By: ________________________________
Jennifer Thompson,
District Secretary
Dated: _____________________________
By: _______________________________
Sandra Bostick,
District Risk Manager
Dated: ____________________________
APPROVED AS TO STANDARD FORM
By: _______________________________
Andre de Bortnowsky,
District Legal Counsel
Dated: ____________________________