HomeMy WebLinkAboutC2022-062.2 - EMCOR - signed1
Contract No. 2022-062.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MESA ENERGY SYSTEMS
D/B/A
EMCOR SERVICES OF ARIZONA
THIS Second AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into as of August 1, 2022, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and Mesa Energy Systems d/b/a EMCOR Services
of Arizona., a(n) Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement dated
March 31, 2022, and that First Amendment, dated May 20, 2022 (the “Agreement) for the
Consultant to provide HVAC Maintenance, Repair, and Emergency Services (the “Services”). All
capitalized terms not otherwise defined in this Second Amendment have the same meanings as
contained in the Agreement.
B. The Town has determined that it is necessary to increase funds on the Agreement
with the Consultant for Services for unforeseen maintenance needs and repairs.
C. The Town and the Consultant desire to enter this Second Amendment to amend the
Agreement to provide compensation/rates for unforeseen maintenance needs and repairs (Exhibit
D).
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. Compensation. The Town shall pay Consultant an amount not to exceed
$50,000.00 for the Services, an increase of $11,100 from the original $38,900.
2. Exhibit D, Hourly Rates Outside of Routine Maintenance and Repairs, is hereby
incorporated by this reference
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 Second 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 Second 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 Second Amendment are forever waived.
5. 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.
6. Conflict of Interest. This Second 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 29, 2022 14:00 PDT)
Linda Mendenhall (Jul 29, 2022 17:08 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Mesa Energy Systems d/b/a EMCOR Services of Arizona., a(n) Arizona corporation
Don Griffin (Jul 26, 2022 10:02 PDT)
Don Griffin
Don Griffin
Branch Manager
EXHIBIT D
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MESA ENERGY SYSTEMS
D/B/A
EMCOR SERVICES OF ARIZONA
[Hourly Rates Outside of Routine Maintenance and Repairs]
See following pages.
EMCOR Services Arizona
4125 E Madison
Phoenix, AZ 85034
1-866-889-4262
REGULAR RATES AS OF 7/1/22
Straight Time
Monday - Friday (7:00AM - 3:30PM)
NON CONTRACT Straight Overtime Double-time
*INDUSTRIAL 145.00 217.50 290.00
*COMMERCIAL 130.00 195.00 260.00
*APPRENTICE RATE 95.00 142.50 190.00
*PLUMBING 120.00 180.00 240.00
*CONTROLS 145.00 217.50 290.00
Contract Customer Rate
Straight Overtime Double-time
*INDUSTRIAL 130.00 195.00 260.00
*COMMERCIAL 120.00 180.00 240.00
*APPRENTICE RATE 95.00 142.50 190.00
*PLUMBING 120.00 180.00 240.00
*CONTROLS 145.00 217.50 290.00
*Sundays & Holidays are Double-time.
*TRUCK CHARGE - 90.00