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CM-06-06-129THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK ANNUAL PURCHASING AGREEMENT FOR POOL CHEMICALS" FIRM: DPC Industries, Inc. ("Vendor") ADDRESS: P.O. Box 24600, Houston, Texas 77229-4600 REFERENCE: Purchase of Swimming Pool Chemicals This Supplemental Agreement No. 1 to "City of Round Rock Annual Purchasing Agreement for Pool Chemicals" is made by and between the City of Round Rock, Texas, (hereinafter called the "City"), and DPC Industries, Inc., (hereinafter called the "Vendor"). WHEREAS, the City and the Vendor executed the referenced "City of Round Rock Annual Purchasing Agreement for Pool Chemicals", (hereinafter called the "Agreement"), on the 24th day of July, 2003; and WHEREAS, it has become necessary to extend the Agreement by renewal; and NOW THEREFORE, premises considered, the City and the Vendor agree that said Agreement is amended as follows: Section 6.0 shall be amended as follows: B. The term of this original Agreement is for twelve (12) months from the effective date of this original Agreement. This original Agreement permits renewal for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. This Supplemental Agreement No. 1 embodies the third renewal of twelve (12) months, following the expiration of the original term of twelve (12) months, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental Agreement No. 1 in duplicate originals. DPC IND STRIES, INC. 9 I By: Printed Name: Collins King Title: Regional Sales Manager Date: March 29, 2006 CITY OF ' OUND ROCK By: Title: Date: - - 06e ATTEST: Christine R. Martinez, City Secretary APPR P VED AS Tq FORM: L• L. Sheets, City Attorney CITY MANAGER BLUE SHEET DATE: May 24, 2006 SUBJECT: City Manager Approval ITEM: Request for approval of extension of pool chemicals agreement with DPC, Industries. Department: PARD Staff Person: Cath Martel Justification: To extend pool chemicals agreement by renewal. Funding: Cost: 44,926.00 Source of funds: General Fund Background Information: The original contract was executed on July 24, 2003. This Supplemental Agreement No. 1 embodies the third renewal of twelve (12) months, following the expiration of the original term of twelve (12) months, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. Updated 3-10-05