Amendment to Agreement with Evoqua
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05/10/2023
C20-0794
AMENDMENT NO. 4
WATER & WASTEWATER TREATMENT CHEMICALS
(IFB 20-47, Contract No. C20-0794)
This Amendment No. 4 (“Amendment”) to the 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 limited liability company, authorized to do business in Arizona (“Contractor”).
RECITALS
A.
City and Evoqua Water Technologies, LLC (“Contractor”) previously entered into 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. On January 23, 2024, Contractor and City executed Amendment No. 3, amending the cost
of Sodium Chlorite to $0.737 per pound; and
F.
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 extended for a one-year period from September 22,
2024, through September 21, 2025, unless otherwise terminated or canceled as provided by
the Agreement. All other provisions of the Agreement except as set forth in this Amendment
shall remain in their entirety.
3.
Scope of Work. The scope of work is unchanged.
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4.
Compensation. The compensation for this Agreement is amended to include an increase of
Sodium Chlorite from $.77 per pound to $.79 per pound. Compensation is increased from
$1,300,000 to $1,800,000 for the term in Section 2.
5.
Insurance Certificate. Current certificate will expire on November 2, 2024. A new insurance
certificate must be provided prior to this date to the Materials Manager and the Contract
Administrator in order for this Agreement to remain in effect.
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.]
ATTEST:
Julie K. Bower, City Clerk
(SEAL)
APPROVED AS TO FORM:
l\lI:ichael D. Bailey, City Attorney
CITY OF GLENDALE, an Arizona
municipal corporation
Kevin R. Phelps, City Manager
Evoqua Water Technologies LLC
a Delaware limited liability company
By: Nicole Springer
G.M.
05/10/202°,