03 25 25 UT - Fourth Amendment to CPA - Pump PRO LLC - End Date 11 18 25
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1 AMENDMENT NO. 4 TO THE COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF TOLLESON AND PUMP PRO LLC THIS AMENDMENT NUMBER 4 TO THE COOPERATIVE PURCHASING AGREEMENT (this “Amendment”) between the City of Tolleson, an Arizona municipal corporation (the “City”) and Pump Pro LLC, (the “Contractor”), (collectively, “the parties”). This Amendment 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 dated March 10, 2020, as amended by the First Amendment dated February 23, 2022 and the Second Amendment dated March 14, 2023 and the Third Amendment dated October 25, 2023 (collectively, the “Agreement”), based upon the City of Tempe Contract Number WUD20-029-02, as amended, (collectively, the “Contract”), for the purchase of goods, materials and/or services described in the Contract as vertical water pumps, maintenance, purchase and repair. The terms of the Agreement and any amendments are incorporated herein. B. The City and the Contractor wish to retroactively amend the Agreement to extend the term of the Agreement through November 18, 2025 and increase the compensation paid to Contractor to $500,000.00. 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. Term of Agreement. This Agreement is retroactively extended and shall remain in full force and effect until November 18, 2023 2024 2025, unless terminated as otherwise provided in this Agreement or the procurement contract. 2. Compensation. The City shall pay the Contractor an annual aggregate amount not to exceed $300,000.00 $500,000.00 per year for the additional goods materials and/or services. 3. 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 4. 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. 5. Conflict of Interest. This Amendment and the Agreement may be cancelled 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 [ADDITIONAL SIGNATURE ON FOLLOWING PAGE.] 4