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AMENDMENT NO. 1 TO
GOODS PURCHASE AGREEMENT
WITH VICTOR INSTRUMENTS, INC
This Amendment No. 1 to the Goods Purchase Agreement is made and entered into as of May 15, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Victor Instruments, Inc., a corporation with its principal place of business at 50 Bunsen, Irvine CA 92618 d/b/a Victor Medical Company (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement, dated March 3, 2022, for the purpose of providing Veterinary Medical Supplies (the “Master Agreement”)
B. WHEREAS, the City and the Vendor have entered into Amendment No. 1 to the Master Agreement, dated May 15, 2024 for the purpose of amending the Term of the Master Agreement.
C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement through June 30, 2025, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended through June 30, 2025 unless earlier terminated.
3. Compensation. Increase the total not to exceed compensation amount of the Master Agreement to $300,000.00.
4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
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5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE GOODS PURCHASE AGREEMENT
WITH VICTOR INSTRUMENTS, INC
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VICTOR MEDICAL COMPANY
Steve Liscomb
Vice President
APPROVED AS TO FORM:
Rick Bills
Director of Sales