21-0701_BRENNTAG PACIFIC, INC._Amd 1 to Agreement61147.02100\33865454.2
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AMENDMENT NO. 1
AGREEMENT FOR PURCHASE OF CHEMICALS
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
BRENNTAG PACIFIC, INC.
1. Parties and Date.
This Amendment No. 1 to the Agreement For Purchase of Chemicals is made and entered
into as of this 1st day of July, 2021, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and Brenntag Pacific, Inc.,
a Delaware corporation with its principal place of business at 10747 Patterson Place, Santa Fe
Springs, CA 90670 (“Supplier”"). City and Supplier are sometimes individually referred to as
“Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Supplier have entered into an agreement entitled
“AGREEMENT FOR THE PURCHASE OF CHEMICALS” dated June 4, 2019, (“Agreement”) for
the purpose of retaining the services of Supplier to provide Ammonium Hydroxide 19%, Sodium
Permanganate 20%, and Sodium Bisulfite 25% to the City for use at its Groundwater Recovery
Plant.
2.2 Amendment Purpose. The City and Supplier desire to amend the Agreement to
extend the term of the Agreement through June 30, 2022.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 22
of the Agreement.
3. Terms.
3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as
follows:
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1. Agreement Duration. This Agreement shall commence on July 01, 2019 and
shall be in effect up to and including June 30, 2022.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be signed in counterparts, each of which
shall constitute an original.
[Signatures on Next Page]
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SIGNATURE PAGE
FOR AMENDMENT NO. 1
AGREEMENT FOR PURCHASE OF CHEMICALS
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND BRENNTAG PACIFIC, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
BRENNTAG PACIFIC, INC.
Signature
Name
Title
Date
Laura Tua
Municipal Bid Manager
April 14, 2021
5/6/2021