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Attachment C - General Services Provider Agreement (ESC24-113) Amendment No. 1

Victorville City Council
May 20, 2025

Document
Attachment C - General Services Provider Agreement (ESC24-113) Amendment No. 1
Meeting
May 20, 2025
Body
Victorville City Council
Pages
3
Original file
744 KB
Text extracted from the city's file for reading and search. Open the original on victorvilleca.primegov.com. That file is the official record.

ATTACHMENT C

GENERAL SERVICES PROVIDER AGREEMENT (ESC24-113) AMENDMENT NO. 1

General Services Provider Standard Agreement/Ferguson Enterprises, LLC/Project ESC24-113/Amendment 1

Page 1 of 3 ends

AMENDMENT NUMBER: ONE
TO

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND

FERGUSON ENTERPRISES, LLC
FOR
NEPTUNE 360 SOFTWARE, PROJECT ESC24-113

THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2025, 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, LLC, a Virgina Limited Liability Company , 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 provide Neptune 360 Software; and

2. WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to amend Section 3., Compensation to revise the total annual not to exceed sum from $45, 769.22 to $250,533.00; Section 4., Proposal is amended to include additional services as set forth in the Service Provider’s revised Proposal; and Section 6., Term of the Agreement is amended to exercise Option 1 of 4, additional one-year periods,
amending the term to commence November 1, 2024 and expire October 31, 2025; and

3. 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 sum not to exceed Two Hundred Fifty Thousand Five Hundred Thirty-three and 00/100 Dollars ($250,533.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.”

General Services Provider Standard Agreement/Ferguson Enterprises, LLC/Project ESC24-113/Amendment 1

Page 2 of 3 ends

Section 4. – PROPOSAL – is amended as follows:

“The District shall pay Service Provider, for those additional services set forth in Amendment 1, Service Provider’s Quote dated January 31, 2025 , attached hereto as Exhibit A and hereby incorporated as part of this agreement by this reference.”

Section 6. – TERM OF AGREEMENT - is amended as follows:

“The District hereby amends the Term of Agreement to commence on November 1, 2024 (the “Commencement Date”) and expire on October 31, 2025 (the “Termination Date”).”

Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.

(SIGNATURES ON NEXT PAGE)

General Services Provider Standard Agreement/Ferguson Enterprises, LLC/Project ESC24-113/Amendment 1

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IN WITNESS WHEREOF, the parties hereto have caused the A mendment 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, LLC

By: _________________________________ By: ________________________________ Elizabeth Becerra, Michael Bella,
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: _____________________________

FERGUSON WATERWORKS #1088
1502 COLUMBIA AVE
RIVERSIDE, CA 92507-2014
Phone: 951-674-1323
Fax: 951-674-1084
Deliver To:

From: Matt Wilkinson
[email protected]
Comments:

HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=1083&on=20117 17:33:28 JAN 31 2025
FERGUSON WATERWORKS #1083
Price Quotation
Phone: 951-674-1323
Fax: 951-674-1084
Bid No: B490191
Bid Date: 01/31/25
Quoted By: MPW
Cust Phone: 760-955-5000
Terms: NET 10TH PROX
Customer: CITY OF VICTORVILLE
14343 CIVIC DR
--METER SALES--
VICTORVILLE, CA 92392
Ship To: CITY OF VICTORVILLE
14343 CIVIC DR
--METER SALES--
VICTORVILLE, CA 92392
Cust PO#: Job Name: SaaS & WARRANTY

Page 1 of 2 ends

Item Description Quantity Net Price UM Total
ANNUAL SaaS N360
11/2/2024 - 11/1/2025
----
N14099107 NEPTUNE 360 AMR 20001-50000 1 26476.200 EA 26476.20 24515 Services @ $1.08 each
----
N14099117 NEPTUNE 360 AMI 20001-50000 1 32056.800 EA 32056.80 14440 Services @ $2.22
----
WARRANTY ON THE V4e GATWYS
----
VARAMIMISC VAR AMI MISC FEE 40 4300.000 EA 172000.00
NEPTUNE V4e Gateway Warranty
Net Total: $230533.00
Tax: $0.00
Freight: $0.00
Total: $230533.00
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A

FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.

ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection.

WATER FLOW RATE NOTICE: Lavatory Faucets with flow rates over 0.5 GPM are not allowed for 'public use' in California.

Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at
Govt Buyers: All items are open market unless noted otherwise.

EXHBIT "A", AMENDMENT 1, SCOPE OF SERVICES/PROPOSAL/PROJECT ESC24-113

Page 2 of 2 ends

17:33:28 JAN 31 2025
FERGUSON WATERWORKS #1083
Price Quotation
Fax: 951-674-1084
Reference No: B490191
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=1083&on=20117 EXHBIT "A", AMENDMENT 1, SCOPE OF SERVICES/PROPOSAL/PROJECT ESC24-113

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