05 27 25 PD - Second Amendment to CPA - San Tan Auto Partners LLC - End Date 03 16 26
Extracted text (via pymupdf)
3434 characters
1 AMENDMENT NO. 2 TO THE COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF TOLLESON AND SAN TAN AUTO PARTNERS, LLC THIS AMENDMENT NUMBER 2 TO THE COOPERATIVE PURCHASING AGREEMENT (this “Amendment”) between the City of Tolleson, an Arizona municipal corporation (the “City”) and San Tan Auto Partners, 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 25, 2023 (the “Agreement”) based upon the State of Arizona through its Department of Transportation and Contractor entered into Contract No. CTR059323-1, as amended, (collectively, the “Cooperative Contract”), for the purchase of vehicles (“Equipment”). 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 extend the term of the Agreement. C. The City and the Contractor desire to enter into this Amendment to increase the compensation authorized by the Agreement for the Additional Equipment. 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 Paragraphs 1 and 3 of the Agreement as follows: 1. Term of Agreement. This Agreement is retroactively extended and shall be effective on the last signature date set forth below and shall remain in full force and effect until March 16, 2024 March 16, 2025 March 16, 2026 (the “Term”), unless terminated as otherwise provided in this Agreement or the Cooperative Contract. 2 3. Compensation. The City shall pay Contractor for the Term, if any, an annual aggregate amount not to exceed $200,000.00 $500,000.00 for the Additional Equipment. 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, 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” 4