HomeMy WebLinkAboutC2023-021.2 - Top Leaf1
Contract No. 2023-021.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
TOP LEAF TREE SERVICE, LLC
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into as of November 15, 2022, between the Town of Fountain
Hills, an Arizona municipal corporation (the “Town”) and Top Leaf Tree Service, LLC, a(n)
Arizona limited liability company (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated July 1, 2022, and Amendment No. 1 dated July 5, 2022, for the Consultant
to provide Tree Removal, Pruning, and Related 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 add funds to the Agreement with
the Consultant for Services (Competition Impractical Determination, Section 11.2 of the Town
Procurement Polilcy).
C. The Town and the Consultant desire to enter this Second Amendment to amend the
Agreement to add funds for anticipated 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 not to exceed
$100,000 (including all renewals) for the Services, resulting in an increase of $50,000.
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
2
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 16, 2022 08:39 MST)
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Top Leaf Tree Service, LLC, a(n) Arizona limited liability company
Jason E. Klug (Sep 27, 2022 13:52 PDT)
Jason E. Klug
Jason E. Klug
Project Manager