4AA CCPA 32500100 with KP Ventures.pdf
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COOPERATIVE CONTRACT PURCHASE ADDENDUM (CCPA) BETWEEN THE CITY OF BUCKEYE AND K.P. VENTURES WELL DRILLING & PUMP CO. LLC WELL MAINTENANCE AND REPAIRS CONTRACT NO. 32500100 THIS COOPERATIVE CONTRACT PURCHASE ADDENDUM (this “Addendum”) is entered into as of ____________between the City of Buckeye, an Arizona municipal corporation (the “City”), and K.P Ventures Well Drilling & Pump Company, LLC an Arizona limited liability company (the “Contractor”). WHEREAS, after a competitive procurement process, which is documented in the Award attached hereto as part of City of Phoenix and Contractor entered into Contract No. 161186-0, dated June 30, 2024 (such contract and subsequent amendments thereto herein referred to as the “City of Phoenix Contract”) which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the City is permitted by Section 24-3-16 of the City Procurement Code to make purchases via cooperative purchasing pursuant to a cooperative purchasing contract; and WHEREAS, the City of Phoenix Contract contains a schedule of prices and service terms, which is incorporated herein by reference as (the “Fee Schedule”), and WHEREAS, the City desires to enter into a contract with the Contractor under the terms and conditions of the City of Phoenix Contract, by issuing this Addendum to said contract. THEREFORE, the City now enters into this Addendum with the Contractor for the goods and services set forth in Exhibit B. This Addendum incorporates the terms and conditions of the City of Phoenix Contract, except to the extent superseded herein. All references in the City of Phoenix Contract to City of Phoenix shall be read to refer to the City of Buckeye. This Addendum shall be effective as of the date set forth above for approval and remain in effect for the remainder of the City of Phoenix Contract’s term unless such term is modified or extended pursuant to the terms of the City of Phoenix Contract. Payments to the Contractor shall be calculated in accordance with Exhibit B, in a total amount not to exceed $ , 00,000.00. FURTHER, this Addendum is subject to cancellation pursuant to ARS §38-511. FURTHER, to the extent applicable, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Addendum and may result in the termination of this Addendum by the City. The City retains the right to inspect the papers of the Contractor’s or its subcontractors’ employees who perform any work or services pursuant to this Addendum to ensure compliance with these warranties. Well Maintenance and Repairs Contract No. 32500100 (REV. 1.17.2025) Well Maintenance and Repairs Contract No. 32500100 (REV. 1.17.2025) FURTHER, to the extent applicable, the Contractor warrants that it is not participating and will not participate in prohibited activity in contravention of A.R.S. § 35-393.01. FURTHER, to the extent applicable under ARIZ. REV. STAT. § 35-394, Contractor certifies that it does not currently, and agrees for the duration of this Agreement that it will not use (i) the forced labor of ethnic Uyghurs in the Peoples Republic of China (“ethnic Uyghurs”), (ii) any goods or services produced by the forced labor of ethnic Uyghurs, or (iii) any Contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs. If Contractor becomes aware that it is not in compliance with this paragraph, Contractor shall notify the City of the noncompliance within five (5) business days of becoming aware of it. If Contractor fails to provide a written certification that Contractor has remedied the noncompliance within one hundred eighty (180) days after that, this Agreement shall terminate unless the termination date of this Agreement occurs before the end of the remedy period, in which case this Agreement terminates on the Agreement termination date. FURTHER, the Parties agree that the Addendum and Exhibits thereto shall be governed by State of Arizona law and suits pertaining to the Addendum and Exhibits thereto may only be brought in courts located in Maricopa County, Arizona. FURTHER, all modifications, including but not limited to service additions and deletions, will be made in writing and with the written agreement of both parties. FURTHER, in the event of any inconsistency between this Addendum, the City of Phoenix Contract, and Exhibit B, the documents shall govern in that order. FURTHER, in the event the Contractor’s terms of sale or service were provided to the City only upon “acceptance” of a “clickwrap” or “clickthrough” agreement, such terms of sale or service shall not be binding upon the City. No oral agreement, “clickwrap” or “clickthrough” agreement or other understanding shall in any way modify a City issued or approved contract or the terms of this Cooperative Contract Purchase Addendum (CCPA). THEREFORE, the Parties have executed this Addendum as of the date first set forth above. CITY CONTRACTOR THE CITY OF BUCKEYE, K.P Ventures Well Drilling & Pump an Arizona Municipal corporation Company, LLC an Arizona limited liability company By: David B. Roderique, Interim City Manager Its: Well Maintenance and Repairs Contract No. 32500100 (REV. 1.17.2025) ATTEST: Lucinda Aja, City Clerk RECOMMENDED: William Kauppi, Chief Financial Officer APPROVED AS TO FORM: K. Scott McCoy, City Attorney Well Maintenance and Repairs Contract No. 32500100 (REV. 1.17.2025) EXHIBIT A TO COOPERATIVE CONTRACT PURCHASE ADDENDUM CONTRACT NO. 32500100 City of Phoenix Contract See following page(s). Well Maintenance and Repairs Contract No. 32500100 (REV. 1.17.2025) EXHIBIT B TO COOPERATIVE CONTRACT PURCHASE ADDENDUM CONTRACT NO. 32500100 Fee Schedule City of Phoenix Pricing Sheet See following page(s).