07 08 25 UT - First Amendment to CPA - Border States Industries Inc.

City of Tolleson — City Council (2025-07-08)

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AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASING AGREEMENT 
BETWEEN 
THE CITY OF TOLLESON 
AND 
BORDER STATES INDUSTRIES, INC. 
THIS AMENDMENT NUMBER 1 TO THE COOPERATIVE PURCHASING AGREEMENT (this 
“Amendment”) between the City of Tolleson, an Arizona municipal corporation (the “City”) and 
Border States Industries, Inc., a North Dakota 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 
April 30, 2025 (the “Agreement”) to provide Maintenance, Repair and Operation (MRO) 
Equipment, Supplies, Materials and Services (“Materials 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 8 Compensation of the Agreement, as 
follows: 
 
8.   
Compensation.  The City shall pay Contractor for the Term and for each an 
annual aggregate amount not to exceed $100,000.00$150,000.00 for the 
Materials and/or 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. 
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,

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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. 
 
 
 
[SIGNATURES APPEAR ON FOLLOWING PAGES.]

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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” 
 
BORDER STATES INDUSTRIES, INC., 
a North Dakota corporation 
 
By:  
 
 
 
 
 
 
 
 
 
 
 
 
Name:  
 
 
 
 
 
 
DATE 
Its: