AMENDMENT NO. 3
TO CONTRACT NO. L-90-5140
BY AND BETWEEN
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
AND
ENVIROTEST SYSTEMS CORP.
(FORMERLY XXXXXXXX TEST SYSTEMS, INC.)
This Amendment to Contract No. L-90-5140 is made effective this 19th day of
December, 1995, by and between the Metropolitan Government of Nashville and
Davidson County (hereinafter "Metropolitan Government") and Envirotest Systems
Corp. (hereinafter "Contractor"), the successor corporate name for Xxxxxxxx Test
Systems, Inc. a for-profit corporation, authorized to do business in the State
of Tennessee and having its principal offices and place of business at Phoenix,
Maricopa County, Arizona.
WHEREAS, the Metropolitan Government of Nashville and Davidson County has a
contract (No. L-90-5140) with Contractor to operate the light duty motor
vehicle inspection and maintenance program in Davidson County; and
WHEREAS, Section 24 of the Contract provides for an additional 3-year term
of the Contract to December 31, 1998 if the Metropolitan Government decides to
continue the program;
WHEREAS, the Metropolitan Government gave notice to Contractor of its
decision to continue the program by letter dated May 15, 1995 and Contractor
exercised its right to extend the contract by letter dated August 1, 1995; and
WHEREAS, the Metropolitan Government has received and will continue to
receive $1.10 for each motor vehicle registered and tested in Davidson County;
and
WHEREAS, Contractor has foregone any price increase to the public in the
additional 3-year term; and
WHEREAS, the amendment is in the public's best interests, and pursuant to
Section 24 of Contract No. L-90-5140, it must be approved by the Metropolitan
Council prior to taking effect.
NOW, THEREFORE, for good and valuable consideration, the parties agree to
amend Contract No. L-90-5140 as follows:
1. Section 3, entitled TERM, is hereby amended by deleting "1995" and in
its place substituting "1998".
2. Section 2, entitled CONSIDERATION, is hereby amended by deleting the
last sentence thereof and substituting instead the following:
In consideration of the exclusive right to inspect Light-Duty Motor
Vehicles, excepting Fleets, for compliance with Regulation No. 8 granted by
this Contract, and in consideration of the expenses relating to the
Metropolitan Government's duty to supervise the vehicle inspection program
and to perform its obligations under this Contract, the Contractor shall
remit to the Metropolitan Government one dollar and ten cents ($1.10) for
each Light-Duty Motor Vehicle registered in Davidson County pursuant to
Chapter 4 of Title 55 of the Tennessee Code Annotated it shall inspect in
Davidson County, exclusive of the one free re-test allowed by Regulation
No. 8.
3. All other terms and conditions of Contract No. L-90-5140, as amended,
shall remain in full force and effect.
4. This Amendment No. 3 shall not take effect until approved by
Resolution of the Metropolitan Council as provided in Section 24 of this
Contract.
WHEREFORE, in reliance upon the premises and representations made
hereinabove, the Metropolitan Government of Nashville and Davidson County and
Envirotest Systems Corp., hereby acknowledge and execute this Amendment No. 3 to
Contract No. L-90-5140, effective on the date first stated above and as shown by
the signatures of their authorized representatives herein below.
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THE METROPOLITAN GOVERNMENT OF
NASHVILLE AND DIVIDSON COUNTY: ENVIROTEST SYSTEMS CORP.:
[illegible] [illegible]
--------------------------------- ---------------------------------
Director of Health President and Chief
Executive Officer
[illegible]
---------------------------------
Chairman, Metropolitan Board of Health
APPROVED AS TO AVAILABILITY OF FUNDS:
[illegible]
---------------------------------
Director of Finance
APPROVED AS TO LEGALITY
OF FORM AND COMPOSITION:
[illegible]
---------------------------------
Metropolitan Attorney
APPROVED AS TO PURCHASING
PROCEDURES:
[illegible]
---------------------------------
Purchasing Agent
[illegible]
---------------------------------
Metropolitan County Mayor
ATTEST:
/s/ Xxxxxxx X. Swing
---------------------------------
Metropolitan Clerk
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shown by the signatures of their authorized representatives hereinbelow.
THE METROPOLITAN GOVERNMENT OF
NASHVILLE AND DIVIDSON COUNTY: ENVIROTEST SYSTEMS CORP.:
[illegible] [illegible]
--------------------------------- ---------------------------------
Director of Health President and Chief
Executive Officer
[illegible]
---------------------------------
Chairman, Metropolitan Board of Health
APPROVED AS TO AVAILABILITY OF FUNDS:
[illegible]
---------------------------------
Director of Finance
APPROVED AS TO LEGALITY
OF FORM AND COMPOSITION:
[illegible]
---------------------------------
Metropolitan Attorney
APPROVED AS TO PURCHASING
PROCEDURES:
[illegible]
---------------------------------
Purchasing Agent
[illegible]
---------------------------------
Metropolitan County Mayor
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ATTEST:
/s/ Xxxxxxx X. Swing
---------------------------------
Metropolitan Clerk
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