AMENDING AGREEMENT NO. 1 (City of Surrey and Town of View Royal)
A draft legal agreement between the City of Surrey and the Town of View Royal to add an extension option to their computer-aided dispatch service contract.
AMENDING AGREEMENT NO. 1
THIS AMENDING AGREEMENT NO. 1 dated the _______ day of _______________, 2022;
BETWEEN:
CITY OF SURREY 13450 – 104 Avenue Surrey, BC V3T 1V8 ("Surrey")
OF THE FIRST PART
AND:
TOWN OF VIEW ROYAL 45 View Royal Avenue Victoria, BC V9B 1A6 (“View Royal”)
OF THE SECOND PART
WHEREAS:
A. Surrey and View Royal entered into an agreement regarding computer aided dispatch service and re-transmission of emergency related calls dated for reference the 18th day of September 2018 (the "Agreement").
B. View Royal has requested Surrey to provide an option for an extension to the Agreement. Once notice is given by View Royal and Surrey has agreed to provide the extension, an extension amendment is subject to new fee schedule(s) and other new clauses, as mutually agreed upon.
C. Surrey and View Royal have agreed to further amend the Agreement as set out in this Amending Agreement No. 1.
D. Each capitalized term not otherwise defined herein shall have the meaning ascribed to it in the Agreement.
NOW THEREFORE this Amending Agreement No. 1 witnesses that in consideration of One ($1.00) Dollar and other good and valuable consideration paid by each of the parties to each other (the receipt and sufficiency of which each party hereby acknowledges) the parties hereby covenant and agree with each other as follows:
Amendments
1.0 The Agreement is hereby amended as follows:
1.1 Add a new Section 3.1 immediately following existing Section 3 as follows:
3.1 Upon mutual agreement and authorization of the Client and Surrey, an additional one (1), five (5) year extension term may be established under this Agreement. Upon the signing of a new, additional, five (5) year term, the provisions of the Agreement will remain in force, save and except for: (a) this Section 3.1; (b) new fees, including a new Schedule "A" and Schedule “B”, as agreed to in writing by the parties; and (c) any other provisions amended in writing by the parties.
The Client must make the request of Surrey in writing for extension of this Agreement. Upon receipt of the request, Surrey may provide a Contract Renewal Agreement in writing to the Client.
Due Execution
2.0 View Royal hereby represents and warrants to Surrey that this Amending Agreement No. 1 has been duly authorized and executed by View Royal and that the delivery of this Amending Agreement No. 1 has been duly authorized by all necessary corporate action on the part of View Royal.
2.1 This Agreement may be executed electronically and in counterparts, all of which taken together will constitute one single agreement.
Full Force and Effect
3.0 Surrey and View Royal hereby agree that the Agreement shall hereinafter be read and construed in conjunction with this Amending Agreement No. 1 and be regarded as being amended only to the extent herein provided and that all the terms, covenants, provisos, conditions and provisions of the Agreement, as amended hereby, shall continue to be in full force and effect and nothing herein contained shall operate or be construed to modify or otherwise affect the rights and obligations created by the Agreement as amended hereby.
Enurement
4.0 This Amending Agreement No. 1 shall enure to the benefit of and be binding upon the respective successors and permitted assigns of Surrey and View Royal.
IN WITNESS WHEREOF the parties have executed this Amending Agreement No. 1 as of the date set out above.
CITY OF SURREY by its authorized signatories:
FIRE CHIEF
TOWN OF VIEW ROYAL by its authorized signatories:
CHIEF ADMINISTRATIVE OFFICER
CLERK