Amendment - Waternuts

City of Chandler — Regular Meeting (2023-09-21)

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City Clerk Document No.  
City Council Meeting Date: 
AMENDMENT TO CITY OF CHANDLER AGREEMENT 
WATER TREATMENT CHEMICALS 
CITY OF CHANDLER AGREEMENT NO. PW1-885-4313 
THIS AMENDMENT NO. 2 is made and entered into by and between the City of Chandler, an Arizona 
municipal corporation (City), and Waternuts Aquatic Enterprise, Inc. dba Commercial Pool Repair, an 
Arizona S-corporation (Contractor), (City and Contractor may individually be referred to as Party and 
collectively referred to as Parties) and made  
 
 , 2023  (Effective Date). 
RECITALS 
WHEREAS, City Council approved the award of multiple Agreements for water treatment chemicals 
(Agreement); and 
WHEREAS, the term of the Agreement was August 15, 2021 through August 14th, 2022 with the option 
of up to four one-year extensions; and 
WHEREAS, the City wishes to extend the term of the multiple Agreements for water treatment 
chemicals in an amount not to exceed $13,100,000 for the extension term; and 
WHEREAS, the Parties wish to exercise the second option through this Amendment No. 2 to extend 
the Agreement for one year. 
AGREEMENT 
NOW THEREFORE, the Parties agree as follows: 
1.
The recitals are accurate and are incorporated and made a part of the Agreement by this
reference.
2.
Section III, Period of Service is amended to read as follows:  The term of the Agreement is
extended for a one-year period August 15, 2023, through August 14, 2024.
3.
Section IV, Payment of Compensation and Fees is amended to read as follows: The City will pay
the Contractor the per unit cost set forth in Revised Exhibit B of Amendment No. 1, which is
incorporated into and made a part of this Amendment No. 2. Total payments made to the
Contractor during the term of this Amendment No. 2 will not exceed $13,100,000.
July 20, 2023
DocuSign Envelope ID: 8C30D987-DB0B-4925-B419-D87CEA57B189

4.
All other terms and conditions of the Agreement remain unchanged and in full force and
effect. If a conflict or ambiguity arises between this Amendment No. 2 and the Agreement, the
terms and conditions in this Amendment No. 2 prevail and control.
IN WITNESS WHEREOF, the Parties have entered into this Amendment on the Effective Date. 
FOR THE CITY 
FOR THE CONTRACTOR 
By: _________________________________________ 
By: _________________________________________ 
Its: _________________________________________ 
Its: _________________________________________ 
APPROVED AS TO FORM: 
By: _________________________________________ 
City Attorney 
ATTEST: 
By: _________________________________________ 
City Clerk 
DocuSign Envelope ID: 8C30D987-DB0B-4925-B419-D87CEA57B189
Vice President and General Manager