01 27 26 UT - Second Amendment to CPA - WACO
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AMENDMENT NO. 2 TO THE COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE CITY OF TOLLESON
AND
WACO, LLC
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES (this “Second Amendment”)
between the CITY OF TOLLESON, an Arizona municipal corporation (the “City”) and WACO, LLC,
an Arizona 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
April 11, 2025, as amended (collectively, the “Agreement”), based upon the City of Scottsdale
Contract No. 25RFP2514 (the “Cooperative Contract”) to provide emergency pipeline repair
services (“Equipment and Services”). A copy of the Cooperative Contract is on file with the City
Clerk’s office and is incorporated herein by reference.
B.
The City and the Contractor desire to amend the Agreement to increase the
compensation paid to the 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 shall pay Contractor for Equipment and Services ordered
during the Term, an aggregate amount not to exceed $200,000.00 $350,000.00 per year
at the rates described in the Cooperative Contract.
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 Second 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 Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and
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all claims, known and unknown, relating to the Agreement and existing on or before the date of
this Second Amendment are forever waived.
4.
Conflict of Interest. This Second Amendment and the Agreement may be cancelled
by the City pursuant to A.R.S. § 38-511.
[SIGNATURES ON THE FOLLOWING PAGE(S).]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties hereto have executed this 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”
WACO, LLC,
an Arizona limited liability company
By: ________________________________
Name:
DATE
Title: