FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND JWC ENVIRONMENTAL
THIS FIRST AMENDMENT TO THE PURCHASE AGREEMENT is made at South San Francisco, California, as of March 09, 2022 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and JWC Environmental (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On July 01, 2017, City and Contractor entered that certain Purchase Agreement (“Agreement”) whereby Contractor agreed to furnish the City with parts, repair and refurbishment of Pump Station Sewage Grinders. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Section 3: Description of Purchase. Section 3 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed Two Hundred and Ten Thousand Dollars ($210,000) for the 2021-2022 fiscal year. The total not-to-exceed amount for the Agreement shall remain at Eight Hundred and Fifty Thousand Dollars ($850,000) based on a calculation of $160,000 per fiscal year, with the understanding that $ 742,161. 35 has already been paid to Contractor.
Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE]
Dated:
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
By: By:
Mike Futrell, City Manager [NAME]
Approved as to Form:
By:
City Attorney
EXHIBIT A