HomeMy WebLinkAboutC2022-057.1 - Artistic Land Management1
Contract No. 2022-057.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ARTISTIC LAND MANAGEMENT, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Artistic Land Management, Inc., a(n) Arizona
corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated February 3, 2022, for the Consultant to provide landscaping 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 add funds to the Agreement for
additional Services for Fiscal Year 2023.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to provide for compensation to the Consultant for the 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 Consultant hereby agree as follows:
1. Compensation. The Town shall pay Consultant an aggregate amount, including all
renewals), not to exceed $2,761,165 for the Services, resulting in an increase of $50,000 for the
Fiscal Year 2023 term amount to $592,233. For Fiscal Year 2024 and after the amount will revert
to $542,233 per term. The aggregate amount per renewal term shall not exceed $50,000 in any
case unless the Agreement is affirmed and ratified via an executed amendment. All remaining
terms and conditions of the Agreement shall remain in full force and effect.
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.
2
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 (Oct 31, 2022 09:11 PDT)
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Artistic Land Management, Inc., a(n) Arizona corporation
Jose Hernandez (Oct 28, 2022 13:46 PDT)
Jose Hernandez
Jose Hernandez
President