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1 AMENDMENT NO. 4 TO THE COOPERATIVE PROCUREMENT AGREEMENT BETWEEN THE CITY OF TOLLESON AND SHAMROCK FOODS COMPANY THIS AMENDMENT NUMBER 4 TO THE COOPERATIVE PROCUREMENT AGREEMENT (this “Amendment”) between the City of Tolleson, an Arizona municipal corporation (the “City”) and Shamrock Foods Company, an Arizona corporation, (the “Contractor”), (collectively, “the parties”). This Amendment shall be effective on the last signature date set forth below. Note: Amendment changes are noted with additions in bold font and deletions in strikeout font. RECITALS A. The City and the Contractor entered into a Cooperative Purchasing Agreement dated May 24, 2022, as amended, (the “Agreement”), based upon the Mohave Educational Services Cooperative Contract No. 21O-SFC-0701 dated July 1, 2021 (the “Cooperative Contract”) to provide food, fresh product, and related cafeteria supplies (“Products”). The terms of the Agreement and the Cooperative Contract are incorporated herein by reference. B. The City has determined that additional Products are necessary and desires to extend the term of the Agreement and to increase the compensation authorized by the Agreement for the Additional Products. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Contractor hereby agree as follows: 1. The parties agree to amend Paragraph 1 Term of Agreement and Paragraph 3 Compensation of the Agreement as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until for an extended term of June 30, 2023 June 30, 2024 June 30, 2025 June 30, 2026 June 30, 2027 (the “Term”), unless terminated as otherwise provided in this Agreement or the Cooperative Contract. 2 3. Compensation. The City shall pay the Contractor for the Term, if any, an annual aggregate amount not to exceed $133,000.00 $177,500.00 $213,000.00 for Additional Products. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this Amendment, the Contractor affirmatively asserts that (i) the City is not currently in default, nor has it been in default at any time prior to this Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Amendment are forever waived. 4. Conflict of Interest. This Amendment and the Agreement may be cancelled by the City pursuant to A.R.S. § 38-511. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year last set forth below. “City” CITY OF TOLLESON, an Arizona municipal corporation Reyes Medrano, Jr., City Manager Date ATTEST: Crystal Zamora, City Clerk APPROVED AS TO FORM: Justin S. Pierce, City Attorney [CONTRACTOR’S SIGNATURE ON FOLLOWING PAGE.] 3 “Contractor” SHAMROCK FOODS COMPANY, an Arizona corporation, By: Date Name: Title: 4 5 6