R-2015-3039 - 11/24/2015 RESOLUTION NO. R-2015-3039
WHEREAS, the City of Round Rock has previously entered into an Agreement for Purchase
of Water Treatment Chemicals Liquid Aluminum Sulfate With 2% Copper Sulfate from Brenntag
Southwest, Inc., formerly Altivia Corporation, ("Agreement"); and
WHEREAS, Brenntag Southwest, Inc. has submitted Supplemental Agreement No. 2 to extend
the original Agreement for the second and final of two (2) allowable renewal periods; and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with
Brenntag Southwest, Inc.,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental
Agreement No. 2 to "City of Round Rock Agreement for Purchase of Water Treatment Chemicals
Liquid Aluminum Sulfate With 2% Copper Sulfate from Brenntag Southwest, Inc. (formerly Altivia
Corporation)," a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of November, 2015.
� I
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
0112.1504;00346688
EXHIBIT
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SUPPLEMENTAL AGREEMENT N0.2
TO "CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF WATER TREATMENT CHEMICALS
LIQUID ALUMINUM SULFATE WITH 2% COPPER SULFATE
FROM BRENNTAG SOUTHWEST,INC.
(FORMERLY ALTIVIA CORPORATION)"
THE STATE OF TEXAS }
CITY OF ROUND ROCK ) KNOW ALL BY THESE PRESENT:
COUNTY OF WILLIAMSON )
COUNTY OF TRAVIS )
VENDOR: Brenntag Southwest, Inc. ("Vendor")
ADDRESS: 600 Fisher Road,Longview,Texas 75604
REFERENCE: Purchase of Liquid Aluminum Sulfate with 2% Copper Sulfate
This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Purchase of
Water Treatment Chemicals Liquid Aluminum Sulfate with 2% Copper Sulfate" is made by and
between the City of Round Rock, with offices located at 221 East Main Street, Round Rock,
Texas 78664-5299 (hereinafter referred to as "City"), and Brenntag Southwest, Inc., formerly
ALTIVIA Corporation, with offices Iocated at 600 Fisher Road, Longview, Texas 75604
(hereinafter referred to as "Vendor'').
WHEREAS, City and Vendor executed the original Agreement (hereinafter referred to
as the"Agreement") on the 15th day of December,2011; and
WHEREAS, it has become necessary to extend the original Agreement for the second
and final of two (2) allowable renewal periods:
NOW THEREFORE, premises considered, City and Vendor agree that the original
Agreement is amended as follows:
Section 2.01 shall be amended as follows:
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by
operation of the term stated herein, or until terminated or extended as provided
herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be
renewed for successive terms of twelve (12) months each, not to exceed in the
aggregate two (2) 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
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provided Vendor has performed each and every contractual obligation specified in
this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes,
including but not limited to equipment rental, demurrage, costs associated with
obtaining permits, or any other extraneous charges. City may permit "unit price"
adjustments upwards only as a result of a cost increase in goods or services in
accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by
Vendor in writing and accompanied by the appropriate documentation to justify
the requested increase. Vendor may offer price decreases in excess of the
allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
E. This Supplemental Agreement No. 2 embodies the second and final of two(2)
allowable successive twelve (12) month renewal terms and commences upon
the expiration of the first renewal term of twelve (12) months. This
Supplemental Agreement No. 2 extends the original Agreement as to time
only with no other changes in terms or conditions of the original Agreement.
[Signatures appear on the following page.]
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IN WITNESS WHEREOF, City and Vendor have executed this Supplemental
Agreement No. 2 in duplicate originals.
BRENNTAG SOUTHWEST, INC.
By: �s$ l
Printearne: James H. TaU
Title: President
Date: October 12, 2015
CITY OF ROUND ROCK
By:
Date:
FOR CITY,ATTEST:
Sara L. White, City Clerk
FOR CITY, APPROVED AS TO FORINT:
Stephan L. Sheets, City Attorney
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