02 24 26 IT - Third Amendment to CPA - CDW Government LLC -End Date 06 30 27
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1 AMENDMENT NO. 3 TO THE COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF TOLLESON AND CDW GOVERNMENT LLC THIS AMENDMENT NUMBER 3 TO THE COOPERATIVE PURCHASING AGREEMENT (this “Amendment”) between the City of Tolleson, an Arizona municipal corporation (the “City”) and CDW Government LLC, an Illinois limited liability company, (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 May 14, 2024 (the “Agreement”) based upon State of Arizona through its Department of Administration and Contractor entered into the NASPO Value Point contract for Software Value Added Reseller Services, Contract No. CTR060021 (the “Master Contract”), and Participating Addendum Contract No. CTR070896 (the “Cooperative Contract”), with CDW Government LLC for Software Value Added Reseller Services (“Services”). The terms of the Agreement and the Cooperative Contract, and any amendments thereto, are incorporated herein by reference. B. The City wishes 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. Commencing with the fiscal year July 1, 2024 through June 30, 2027, the City’s payments to the Contractor, if any, shall not exceed an aggregate amount of $250,000.00 $300,000.00 $375,000.00 for each fiscal year, for the Services at the rates that shall be agreed upon by the parties. 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. 2 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 canceled 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” CDW GOVERNMENT LLC, an Illinois limited liability company, By: Name: Date Its: