01 14 25 FD - First Amendment to PSA - Extrication Concepts - End Date 06 30 27
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1 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TOLLESON AND EXTRICATION CONCEPTS LLC THIS AMENDMENT NUMBER 1 TO THE PROFESSIONAL SERVICES AGREEMENT (this “Amendment”) between the City of Tolleson, an Arizona municipal corporation (the “City”) and EXTRICATION CONCEPTS 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 sole source Professional Services Agreement on September 26, 2024 (the “Agreement”). The terms of the Agreement and any amendments thereto, are incorporated herein by reference. B. The City has determined that additional Equipment and Services are needed. 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 Initial Term an aggregate amount not to exceed $100,000.00 $130,000.00. The City shall pay the Contractor monthly, based upon acceptance and delivery of Products and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement will be subject to rejection and may be returned. 2 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. 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 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 3 “Contractor” EXTRICATION CONCEPTS LLC, an Arizona limited liability company, By: Name: Date Its: