04 28 26 UT - First Amendment to CPA - Arizona Commercial Diving Services Inc. - End Date 06 30 29
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1 AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF TOLLESON AND ARIZONA COMMERCIAL DIVING SERVICES, INC. THIS AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) between the CITY OF TOLLESON, an Arizona municipal corporation (the “City”) and ARIZONA COMMERCIAL DIVING SERVICES, INC., an Arizona 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 March 10, 2025 (the “Agreement”) based upon the City of Phoenix (“AGENCY”) Contract No. 161289-0 (the “Cooperative Contract”), for Contractor to provide underwater repairs and parts (“Materials 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 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 shall pay Contractor for the Term and for each annual aggregate amount not to exceed $100,000.00$200,000.00 for the Materials and 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 First 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 First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all 2 claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. Conflict of Interest. This First Amendment and the Agreement may be canceled by the City pursuant to A.R.S. § 38-511. [SIGNATURES ON THE FOLLOWING PAGE.] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the last date and year 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” ARIZONA COMMERCIAL DIVING SERVICES, INC., an Arizona corporation By: Name: Date Its: