04 28 26 UT - First Amendment to CPA - Western Environmental Equipment Co. - End Date 06 30 29
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AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE CITY OF TOLLESON
AND
WESTERN ENVIRONMENTAL EQUIPMENT CO.
THIS AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASING AGREEMENT (this “First
Amendment”) between the CITY OF TOLLESON, an Arizona municipal corporation (the “City”) and
WESTERN ENVIRONMENTAL EQUIPMENT CO., an Arizona corporation (the “Contractor”),
(collectively, the “parties”), is hereby entered into and 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 on
September 16, 2025 (the “Agreement”) based upon the Water Service Department with the City
of Phoenix (“City of Phoenix”) Contract No. 161241-0, as amended (collectively, the “Cooperative
Contract”), for Contractor to provide custom and standard flow meters and level meters and
services (“Equipment and Services”). The terms of the Agreement and the Cooperative Contract,
and any amendments thereto, are incorporated herein by reference.
B.
The City has determined that additional Services are necessary and desires to
increase the compensation paid to Contractor.
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 3 Compensation of the Agreement, as
follows:
3.
Compensation. The City’s payments to the Contractor (if any) shall not
exceed an aggregate amount of $100,000.00$200,000.00 for each fiscal year, July
1st through June 30th, for the Equipment and Services at payment rates that shall
be agreed upon by the parties. If an entire fiscal year does not fall within the Term
of this Agreement, the aggregate compensation limit for that partial year shall be
reduced to an amount equal to the compensation limit multiplied by a factor
having as its numerator the number of days in the partial fiscal year and as its
denominator the number three hundred sixty-five (365).
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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 First 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 First 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
First Amendment are forever waived.
4.
Conflict of Interest. This First Amendment and the Agreement may be canceled by
the City pursuant to A.R.S. § 38-511.
[SIGNATURES ON THE FOLLOWING PAGE.]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the
last date and year 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”
WESTERN ENVIRONMENTAL EQUIPMENT CO.,
an Arizona corporation
By:
Name:
Date
Its: