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HomeMy WebLinkAboutC2020-007.14 Extended Hands Food Bank - signed1 Contract No. 2020-007.14 FOURTEENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EXTENDED HANDS FOOD BANK, INC. THIS FOURTEENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Fourteenth Amendment”) is entered into as of July 1, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Extended Hands Food Bank, Inc., an Arizona corporation (the “Contractor”). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement, dated May 17, 2007 (the "Original Agreement"), as amended by that First Amendment, dated October 4, 2007, by that Second Amendment, dated June 21, 2010, by that Third Amendment, dated October 6, 2011, by that Fourth Amendment, dated June 21, 2012, by that Fifth Amendment, dated June 20, 2013, by that Sixth Amendment, dated June 26, 2014, by that Seventh Amendment, dated August 3, 2015, by that Eighth Amendment, dated July 1, 2016, by that Ninth Amendment, dated May 24, 2017, by that Tenth Amendment, dated July 1, 2018, by that Eleventh Amendment, dated July 1, 2019, by that Twelfth Amended dated July 1, 2020, and by that Thirteenth Amendment, dated August 16, 2021 (the “Amendments”) for the Contractor to provide the Town with certain local food bank services (the "Services"). The Original Agreement and the Amendments are collectively referred to herein as the "Agreement." All capitalized terms not otherwise defined in this Fourteenth Amendment have the same meanings as contained in the Agreement. B. The Town has determined that additional Services from the Contractor are necessary (the “Additional Services”). C. The Town and the Contractor desire to enter this Fourteenth Amendment to (i) extend the Term of the Agreement and (ii) provide for compensation for the Contractor to perform 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 Town and the Contractor hereby agree as follows: 2 1. Term of Agreement. The term of the Agreement is hereby extended until June 30, 2023, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Compensation. The Town shall pay the Contractor an annual amount not to exceed $24,200.00 for the Additional Services as set forth in the Scope of Work. 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 Fourteenth Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Fourteenth 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 Fourteenth Amendment are forever waived. 6. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott” of goods and services from Israel as that term is defined in A.R.S. § 35-393, et seq. 7. Conflict of Interest. This Fourteenth Amendment and the Agreement may be cancelled by the Town pursuant to A.R.S. § 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 13:34 PDT) Linda Mendenhall (Jul 5, 2022 07:16 PDT) Linda Mendenhall “Contractor/Vendor/Consultant” ____________________________________, By: Name: Title: Extended Hands Food Bank, Inc., an Arizona non-profit corporation David Iverson (Jun 26, 2022 17:10 CDT) David Iverson President