HomeMy WebLinkAboutC2022-057.2 - Artistic Land Management1
Contract No. 2022-057.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ARTISTIC LAND MANAGEMENT, INC.
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into January 1, 2023, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Artistic Land Management, Inc., a(n) Arizona
corporation (the “Vendor”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement dated
February 3, 2022, and amended via Amendment No. 1, dated October 31, 2022 (the “Agreement”),
for the Consultant to provide landscaping services (the “Services”). All capitalized terms not
otherwise defined in this Second Amendment have the same meanings as contained in the
Agreement.
B. The Vendor has requested an eight percent (8%) increase in all fees starting January
1, 2023, due to the increase in costs for goods and services.
C. The Town concurs with the request as it is within the U.S. Bureau of Labor
Statistics’ Consumer Price Index reflecting the increased cost for goods and services.
D. The Town and the Consultant desire to enter this Second Amendment to amend the
Agreement to reflect the fee schedule increase.
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. Fee Schedule. Starting January 1, 2023, all fees in Exhibit A shall increase by eight
percent (8%). All invoices thenceforth shall show the original fee and eight percent increase
calculation. Said fee schedule (calculation) shall be incorporated into the Agreement by this
reference.
2
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 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.
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 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 (Nov 8, 2022 08:55 MST)
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Artistic Land Management, Inc.
Jose Hernandez (Nov 8, 2022 08:48 MST)
Jose Hernandez
Jose Hernandez
President