01 28 25 DS - First Amendment to CPA - Freightliner of Arizona

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AMENDMENT NO. 1 TO COOPERATIVE PURCHASING AGREEMENT 
 
BETWEEN 
 
THE CITY OF TOLLESON 
AND 
FREIGHTLINER OF ARIZONA, LLC 
 
THIS AMENDMENT NUMBER 1 TO COOPERATIVE PURCHASING AGREEMENT (this 
“Amendment”) is between the City of Tolleson, an Arizona municipal corporation (the “City”) and 
Freightliner of Arizona, LLC, an Arizona limited liability company (the “Contractor”) and shall 
become effective (the “Effective Date”) upon the date this Agreement is signed by both Parties. 
 
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 December 10, 2024, based upon the State of Arizona through its Department of 
Transportation (the “Contract”), for the purchase of Medium and Heavy Duty Cabs, Chassis and 
Busses (“Services”).  The terms of the Agreement are incorporated herein by reference. 
 
B. 
The City has determined that additional and Services are necessary. 
 
C. 
The City and the Contractor desire to enter into this Amendment to increase the 
compensation authorized by the Agreement for the Additional Services. 
 
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 Term of the Agreement as follows: 
 
3. 
Compensation. The City’s payments to the Contractor (if any) shall not 
exceed an aggregate amount of $250,000.00 $550,000.00 for each fiscal year, July 1st 
through June 30th, for the 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. 
Disengagement. In the event the Contract is terminated by either party, 
Contractor agrees to confer back to the City all of its data, in usable and normalized format, within 
30 days of notice of termination. There shall be no charge for the return of City data to the City. 
 
5. 
Survival. The obligations of Contractor under this Section shall survive the 
termination of the Contract. 
 
6. 
Conflict of Interest. This Amendment and the Agreement may be cancelled by the 
City pursuant to Ariz. Rev. Stat. § 38-511.  
 
 
 [SIGNATURES ON FOLLOWING PAGES]

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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the 
Effective Date. 
 
“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” 
 
FREIGHTLINER OF ARIZONA, LLC,  
an Arizona limited liability company 
 
By: 
 
 
 
 
 
 
 
 
Name:  
 
 
 
 
 
 
 
Title: