Amendment to Agreement with Brenntag
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1 05/10/2023 C20-0787 AMENDMENT NO. 2 WATER AND WASTEWATER TREATMENT CHEMICALS (IFB 20-47, Contract No. C20-0787) This Amendment No. 2 (“Amendment”) to the Water and 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 Brenntag Pacific, Inc., a Delaware corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. City and Brenntag Pacific, Inc. (“Contractor”) previously entered into an Agreement for Water and Wastewater Treatment Chemicals, Contract No. C20-0791, dated September 22, 2020, (“Agreement”); and B. On September 22, 2021, Contractor and City entered into Amendment No. 1, extending the term of the Agreement from September 22, 2021, through September 21, 2022. It also included a 6% increase for all chemicals ; and C. On September 22, 2022, Contractor and City entered into Extension No. 2, extending the term of the Agreement from September 22, 2022, through September 21, 2023. It also amended the cost of Sodium Hydroxide 50% to $4.147 per gallon and Sodium Bisulfite 38-40% to $2.42 per gallon; and D. On September 22, 2023, Contractor and City entered into Extension No. 3, extending the term of the Agreement from September 22, 2023, through September 21, 2024; 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 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 the Agreement is unchanged. 2 05/10/2023 4. Compensation. Compensation is increased from $5,900,000 to a new amount of $6,410,000 for the term in Section 2. 5. Insurance Certificate. Current certificate will expire on April 1, 2025. 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.] 3 05/10/2023 CITY OF GLENDALE, an Arizona municipal corporation ___________________________________ Kevin R. Phelps, City Manager ATTEST: ____________________________________ Julie K. Bower, City Clerk (SEAL) APPROVED AS TO FORM: ____________________________________ Michael D. Bailey, City Attorney Brenntag Pacific, Inc. a Delaware corporation By: W. Thomas Crain, Jr. Its: President