03 25 25 UT - First Amendment to CPA - PVS DX, Inc.

City of Tolleson — City Council (2025-03-25)

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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.

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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]

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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: