Amendment 3 - Evoqua Signed

City of Glendale — Regular Meeting (2024-01-23)

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05/10/2023
  C20-0794 
AMENDMENT NO. 3 
WATER & WASTEWATER TREATMENT CHEMICALS 
(IFB 20-47, Contract No. C20-0794) 
This Amendment No. 3 (“Amendment”) to the Agreement for Water & Wastewater Treatment 
Chemicals  (“Agreement”) is made this ______ day of ________, 2024, (“Effective Date”), by and 
between the City of Glendale, an Arizona municipal corporation (“City”) and Evoqua Water 
Technologies, LLC, a Delaware corporation, authorized to do business in Arizona (“Contractor”). 
RECITALS 
A.
City and Evoqua Water Technologies, LLC. (“Contractor”) entered into and Agreement for
Water & Wastewater Treatment Chemicals, Contract No. C20-0794, dated September 22,
2020 (“Agreement”); and
B.
On September 22, 2021, Contractor and City executed Amendment No. 1, extending the term
of the Agreement from September 22, 2021, through September 21, 2022. It also amended
the cost of Sodium Chlorite to $0.52 per pound; and
C.
On September 22, 2022, Contractor and City executed Amendment No. 2, extending the term
of the Agreement from September 22, 2022, through September 21, 2023. It also amended
the cost of Sodium Chlorite to $0.737 per pound; and
D.
On August 18, 2023, Contractor and City executed Extension No. 3, extending the term of
the Agreement from September 22, 2023, through September 21, 2024. It also amended the
cost of Sodium Chlorite to $0.77 per pound; and
E.
City and Contractor wish to modify and amend the Agreement subject to and strictly in
accordance with the terms of this Amendment.
AGREEMENT 
In consideration of the mutual promises set forth herein and other good and valuable consideration, 
the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree 
as follows: 
1.
Recitals.  The recitals set forth above are not merely recitals but form an integral part of this
Amendment.
2.
Term.  The term of the Agreement is unchanged and shall expire on September 21, 2024.
3.
Scope of Work. The Scope of the Agreement is unchanged.
4.
Compensation. Due to increased costs over the years, compensation is increased from
$1,100,000 to a new not to exceed amount of  $1,300,000 for the entire term of the Agreement.

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05/10/2023 
5. 
Insurance Certificate.  Current certificate will expire on November 1, 2024, and a new 
certificate applying to the extended term must be provided prior to this date to Materials 
Management and the Contract Administrator. 
 
6. 
Non-discrimination.   Contractor must not discriminate against any employee or applicant 
for employment on the basis of race, color, religion, sex, national origin, age, marital status, 
sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. 
military veteran status or any disability. Contractor will require any Sub-contractor to be bound 
to the same requirements as stated within this section. Contractor, and on behalf of any 
subcontractors, warrants compliance with this section.  
 
7.  
No Boycott of Israel.  To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the 
parties hereby certify that they are not currently engaged in, and agree for the duration of the 
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined 
in A.R.S § 35-393. 
 
8. 
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not 
currently, and during the term of this Agreement, will not use: 
 
(a) 
the forced labor of ethnic Uyghurs in the People’s Republic of China;  
 
(b) 
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s 
Republic of China; and  
 
(c) 
any contractors, subcontractors or suppliers that use the forced labor or any goods or 
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of 
China. 
 
9. 
Attestation of PCI Compliance.  When applicable, the Contractor will provide the City 
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of 
compliance certificate signed by an officer of Contractor with oversight responsibility. 
 
10. 
Ratification of Agreement.  City and Contractor hereby agree that except as expressly 
provided herein, the provisions of the Agreement shall be, and remain in full force and effect 
and that if any provision of this Amendment conflicts with the Agreement, then the provisions 
of this Amendment shall prevail. 
 
[Signatures on the following page.]