HomeMy WebLinkAboutC2022-057.3 - Artistic Land Management1
Contract No. 2022-057.3
THIRD AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ARTISTIC LAND MANGEMENT, INC.
THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Third 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, amended via Amendment No. 1 dated October 31, 2022,
and amended via Amendment No. 2, dated November 8, 2022, for the Consultant to provide
Landscaping services (the “Services”). All capitalized terms not otherwise defined in this Third
Amendment have the same meanings as contained in the Agreement.
B. The Town has determined that it is necessary to edit the term dates to match up
with the Town’s fiscal year calendar.
C. The Town and the Consultant desire to enter this Third Amendment to amend the
Agreement to match the term dates with the Town’s fiscal year calendar.
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. 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. All subsequent terms shall fall from July 1 to June 30 from year to year to match the
Town’s fiscal year calendar.
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 Third 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 Third 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
Third 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 Third 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 (Mar 6, 2023 11:02 MST)
Aaron Arnson
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Artistic Land Management, Inc., a(n) Arizona corporation
Jose Hernandez (Mar 6, 2023 09:37 MST)
Jose Hernandez
Jose Hernandez
President