HomeMy WebLinkAboutC2022-039.1 - System4 of Phoenix - signed1
Contract No. 2022-039.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FLYING SQUIRREL ENTERPRISES, INC.
D/B/A
SYSTEM4 OF PHOENIX
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First
Amendment”) is entered into as of July 1, 2022, between the Town of Fountain Hills, an Arizona
municipal corporation (the “Town”) and Flying Squirrel Enterprises, Inc., d/b/a System4 of
Phoenix, an Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated April 14, 2022, for the Consultant to provide Janitorial and Related Services
(the “Services”). All capitalized terms not otherwise defined in this First Amendment have the
same meanings as contained in the Agreement.
B. The Town has determined that it is necessary to amend the Agreement to add
cooperative language.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to allow for cooperative use if this agreement by certain political entities.
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 Town and the Consultant hereby agree as follows:
1. Cooperative Purchasing, shall be added under “Section 13.21, Cooperative Purchasing.”:
Cooperative Purchasing.
Specific eligible political subdivisions and nonprofit educational or public health institutions
(“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by
the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may,
at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the
Materials and/or Services at the prices and under the terms and conditions of this Agreement, in
such quantities and configurations as may be agreed upon between the parties. All cooperative
procurements under this Agreement shall be transacted solely between the requesting Eligible
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Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of
the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the
Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no
responsibility for payment, performance or any liability or obligation associated with any
cooperative procurement under this Agreement. The Town shall not be responsible for any
disputes arising out of transactions made by others.
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 Consultant affirmatively
asserts that (i) the Town 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
claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
4. Israel. Consultant certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
5. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Jul 1, 2022 13:39 PDT)
Linda Mendenhall (Jul 5, 2022 07:17 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Flying Squirrel Enterprises, Inc., d/b/a System4 of Phoenix, an Arizona corporation
Susan Ricks (Jun 30, 2022 08:52 PDT)
Susan Ricks
Susan Ricks
General Manager