07 08 25 UT - First Amendment to CPA - Capital Pump and Equipment LLC

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AMENDMENT NO. 1 TO THE COOPERATIVE PROCUREMENT AGREEMENT 
BETWEEN 
THE CITY OF TOLLESON 
AND 
CAPITAL PUMP & EQUIPMENT, LLC 
THIS AMENDMENT NUMBER 1 TO THE COOPERATIVE PROCUREMENT AGREEMENT (this 
“Amendment”) between the City of Tolleson, an Arizona municipal corporation (the “City”) and 
Capital Pump & Equipment, 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 
May 8, 2025 (the “Agreement”), based upon ESC Region 19 Allied States Cooperative, as 
amended, (the “Cooperative Contract”) for Maintenance, Repair and Operation (MRO) 
Equipment, Supplies, Materials 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 Equipment and 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 $300,000.00 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.  
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.

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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” 
 
CAPITAL PUMP & EQUIPMENT, LLC, 
an Arizona limited liability company 
 
 
By:  
 
 
 
 
 
 
 
 
 
 
 
 
Name:  
 
 
 
 
 
 
Date 
Title: