03 25 25 UT - First Amendment to CPA - PVS DX, Inc.
Extracted text (via pymupdf)
2837 characters
1
AMENDMENT NO. 1 TO CHEMICAL PURCHASE AGREEMENT
BETWEEN
THE CITY OF TOLLESON
AND
PVS DX, INC.
THIS AMENDMENT NUMBER 1 TO CHEMICAL PURCHASE AGREEMENT (this
“Amendment”) is between the City of Tolleson, an Arizona municipal corporation (the “City”) and
PVS DX, Inc. (the “Contractor”) and shall become effective (the “Effective Date”) upon the date
this Agreement is signed by both Parties.
Note: Amendment changes are noted with additions in bold font and deletions in strikeout font.
RECITALS
A.
The City entered into a Chemical Purchase Agreement dated October 23, 2024,
with Contractor.
B.
The City has determined that additional Chemicals are necessary.
C.
The City and the Contractor desire to enter into this Amendment to increase the
compensation authorized by the Agreement for the Additional Chemical purchases.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are
incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Contractor hereby agree as follows:
1.
Compensation. Commencing with the fiscal year July 1, 2024 through June 30,
2025, the City’s payments to the Contractor, if any, shall not exceed an aggregate amount of
$200,000.00 $500,000.00 for each fiscal year, for Chemicals at the rates that shall be agreed upon
by the parties.
2.
Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
3.
Non-Default. By executing this Amendment, the Contractor affirmatively asserts
that (i) the City is not currently in default, nor has it been in default at any time prior to this
Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims,
known and unknown, relating to the Agreement and existing on or before the date of this
Amendment are forever waived.
2
4.
Conflict of Interest. This Amendment and the Agreement may be cancelled by the
City pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
Effective Date.
“City”
CITY OF TOLLESON,
an Arizona municipal corporation
________________________________
Reyes Medrano, Jr., City Manager
Date
ATTEST:
Crystal Zamora, City Clerk
APPROVED AS TO FORM:
Justin S. Pierce, City Attorney
“Contractor”
PVS DX, Inc.,
a Michigan corporation,
By:
Date
Name:
Title: