FIRST AMENDMENT TO CONTRACT DA-485 BETWEEN THE CITY OF LOS ANGELES AND VERITIY OPERATING COMPANY FORMERLY KNOWN AS UNISOURCE WORLDWIDE, INC. FOR MISCELLANEOUS CLEANING PRODUCTS FOR LOS ANGELES WORLD AIRPORTS THIS FIRST AMENDMENT TO CONTRACT DA-485, is made and entered into this day of,207 at Los Angeles, California by and between the CITY OF LOS ANGELES, a municipal corporation, (hereinafter referred to as City ), acting by order of and through the Board of Airport Commissioners (hereinafter referred to as Board ) of the Department of Airports (hereinafter referred to as Department or LAWA ), and VERITIY OPERATING COMPANY FORMERLY KNOWN AS UNISOURCE WORLDWIDE, INC. (hereinafter referred to as Contractor ). RECITALS WHEREAS, City and Contractor entered into Contract No. DA-485, ( Contract ) for the purchase of miscellaneous cleaning supplies; and WHEREAS, the City determined that it is necessaiy for the Contractor to continue to provide the products and services of the type sought by City as referenced in the Contract and to be defined per this contract amendment; and WHEREAS, the Contractor agrees to provide such goods and services as are requested and authorized by the City; and WHEREAS, the original funding for the Contract was for an amount not to exceed Six Hundred Eighty Nine Thousand Five Hundred Eighteen and 00/00 Dollars ($689,58.00) for the first three years of the contract, an additional amount hot. to exceed Five Hundred Thirty One Thousand Three Hundred Eighty Eight and 00/00 Dollars ($53,388.00) in the event the City exercised its option to extend this Contract for one additional two year term and an overall contract amount (in the event the City exercised its renewal option) not to exceed One Million Two Hundred Twenty Thousand Nine Hundred Six and 00/00 Dollars ($,220,906.00); and WHEREAS, on or about October, 206, LAWA exercised its option to extend the Contract for one additional two year term; and WHEREAS, the parties both agree to expand the funding of the Contract by adding funding in the amount of Five Hundred Thousand and 00/00 Dollars ($500,000.00) for an amended overall amount not to exceed One Million Seven Hundred Twenty Thousand Nine Hundred Six and 00/00 Dollars ($,720,906.00);
NOW, THEREFORE, in consideration of the premises and of the terms, covenants and conditions hereinafter contained to be kept and performed by the respective parties hereto, do mutually agree that the Contract IS HEREBY AMENDED AS FOLLOWS: Amendment Section. replaced with the following: Section 4. of the Contract is hereby deleted in its entirety and 4.. For all products and services rendered, for all costs, direct or indirect, and for all expenses incurred by Contractor pursuant to this Contract, City shall pay Contractor an amount not to exceed One Million Seven Hundred Twenty Thousand Nine Hundred Six and 00/00 Dollars ($,720,906.00). Contractor shall submit to City requests for payment ofthe amount(s) due, upon completion to City's satisfaction of the work specified for the Project. City shall pay Contractor for its performance under this Contract the sum hereinabove set forth, at the times and in the manner specified, if so, in the aforesaid Specifications. Amendment Section 2. replaced with the following: Section 3.2 of the Contract is hereby deleted in its entirety and 3.2. Notice to Contractor. Written notices to Contractor hereunder shall be given by registered or certified mail, postage prepaid, and addressed to: DAVID GARLAND, ACCOUNT MANAGER 6565 VALLEY VIEW STREET LA PALMA, CA 90623 NANCY BRIDE, SENIOR COUNSEL 000 ABERNATHY ROAD N.E., BUILDING 400, SUITE 700 ATLANTA, GA. 30328 or to such other address as Contractor may designate by written notice to City. Amendment Section 3. Except as specifically provided herein, this Amendment shall not in any manner alter, change, modify, or affect any of the rights, privileges, duties, or obligations of either ofthe parties hereto, under, or by reason of said Contract, as amended. Remainder of This Page Intentionally Left Blank 2
IN WITNESS WHEREOF, City has caused this Amendment to be executed by the Executive Director, and Contractor has caused the same to be executed by its duly authorized officers and its corporate seal to be hereunto affixed, all as of the day and year first hereinabove written. I APPROVED AS TO FORM: Michael N. Feuer, City Attorney CITY OF LOS ANGELES Date: By. Chief Executive Officer Department of Airports Deputy^ty Attorney By. Chief Financial Officer Deputy Executive Director ATTEST: FORMERLY KNOWN AS UNISOURCE WOK (INC. Assistant Secretary (Signature) 5. Senior Vice President (Signature) - Prin/ - rnroe... Print Name % [SEAL] SiIP Print Title 0*2. <D : 3 t»;t5 flj C3 4^5... 'fvvare vv' 3 /
FORMERLY KNOWN AS UNISOURCE WORLDWIDE, INC. Assistant Secretarx s Certificate I, Kimberly D. Holladay, Assistant Secretary of Veritiv Operating Company formerly known as Unisource Worldwide, Inc., a Delaware corporation (the u Corporation ), do hereby certify that: Attached hereto and marked Exhibit A is a true and correct copy of excerpts from. the Bylaws of the Corporation, as amended to date, and that such Bylaws are in full force and effect as of the date of this certificate. 2. The individual named below is (i) duly qualified employee/officer of the Corporation (ii) on the date hereof, hold the position set forth opposite his name; and the signature appearing opposite his name is the specimen signature of such person; Title of Officer Name of Officer Signature of Officer Senior Vice President Facility Solutions Barry R. Nelson The execution of documents is wiihin the normal and customary duties required 3. of the various officers, including Vice Presidents, of the Corporation within the meaning of Article IV, Section 7 of the Bylaws attached hereto as Exhibit A. I further certify that the officer named above is authorized to act on behalf of the Corporation in signing the First Amendment to Contract DA485 and Consent to Name Change, in the normal course of performing the duties required of his office. IN WITNESS WHEREOF, I have hereunto set my hand this,207. 4?er*fc'< CP\ O CD: A) Kimberly D. Hojkday Assistant Coi-tforertS Secretary A [CORPORATE SEAL] day of
EXHIBIT A ARTICLE IV - OFFICERS Section 7. Vice Presidents. The vice-president, or if there shall be more than one, the vice-presidents in the order determined by the board of directors or by the chief executive officer, shall, in the absence or disability of the chief executive officer, act with all the powers and be subject to all the restrictions of the chief executive officer. The vice-presidents shall also perform such other duties and have such other powers as the board of directors, the chief executive officer or these by-laws may, from time to time, prescribe. Section 8. The Secretary and Assistant Secretaries. The secretary shall attend all meetings of the board of directors, all meetings of the committees thereof and all meetings of the stockholders and record all the proceedings of the meetings in a book or books to be kept for that purpose. Under the chief executive officer s supervision, the secretary shall give, or cause to be given, all notices required to be given by these bylaws or by law; shall have such powers and perform such duties as the board of directors, the chief executive officer or these by-laws may, from time to time, prescribe; and shall have custody of the corporate seal of the corporation. The secretary, or an assistant secretary, shall have authority to affix the corporate seal to any instrument requiring it and when so affixed, it may be attested by his signature or by the signature of such assistant secretary. The board of directors may give general authority to any other officer to affix the seal of the corporation and to attest the affixing by his signature. The assistant secretary, or if there be more than one, the assistant secretaries in the order determined by the board of directors, shall, in the absence or disability of the secretary, perform the duties and exercise the powers of the secretary and shall perform such other duties and have such other powers as the board of directors, the chief executive officer, or secretary may, from time to time, prescribe. 2