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Home My WebLink AboutC2023-039.2 - System4 of Phoenix1 Contract No. 2023-039.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FLYING SQUIRREL ENTERPRISES, INC. D/B/A SYSTEM4 OF PHOENIX THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Second Amendment”) is entered into as of October 18, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Flying Squirrel Enterprises, Inc. d/b/a System4 of Phoenix, a(n) Arizona corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated April 14, 2022, for the Consultant to provide Janitorial/Custodial services (the “Services”). The Town and the Consultant amended the Agreement via Amendment No. 1, dated July 1, 2022 to add cooperative language. 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 with the Consultant for additional Services, to add to the scope, and allow for fee increases. C. The Town and the Consultant desire to enter this Second Amendment to amend the Agreement to (i) add to the scope of the Agreement to include the Town Parks’ Scope and (ii) provide for compensation to the Consultant for the Services and (iii) incorporate an updated fee schedule due to Consumer Price Index (CPI) increases. 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 $545,584 (including all renewals) for the Services. The Town shall pay Consultant an annual amount not to exceed $114,396 for the Services. 2. EXHIBIT B: Community Services (Parks) Department Scope. Exhibit B, as attached, shall be incorporated by this reference. 2 3. EXHIBIT C, Fee Schedule. All monthly fees in Exhibit A shall be replaced by the monthly fees in Exhibit C as of January 1, 2023. Exhibit C, as attached, shall be incorporated by this reference. 4. 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. 5. 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. 6. 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. 7. 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 7, 2022 10:47 MST) “Contractor/Vendor/Consultant” ____________________________________, By: Name: Title: Flying Squirrel Enterprises, Inc. d/b/a System4 of Phoenix, a(n) Arizona corporation Susan S Ricks (Sep 27, 2022 09:09 PDT) Susan S Ricks Susan S Ricks General Manager EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FLYING SQUIRREL ENTERPRISES, INC. D/B/A SYSTEM4 OF PHOENIX [Additional Scope—Parks] See following pages. Fountain Hills Parks Dept – REVISED Scope of Work Below is a listing of the services performed by area and with the specified frequency. - Services will be performed 7 times per week and will occur after hours - Optional Porter Service at Golden Eagle Park every Saturday & Sunday 2pm – 6pm - The cleaners will have key access to the buildings. A. All Areas Frequency Check logbook for customer communications prior to starting service Every Service Clean and disinfect water fountains and/or water coolers Every Service Dust mop and damp mop all hard floor areas Every Service Empty trash and replace liners as needed Every Service Remove all cobwebs as needed Every Service * *Clean and Disinfect all Park Restrooms nightly **Be sure to restock all Toilet Paper & Soap Dispensers nightly - as required Every Service B. Restrooms Frequency Clean and disinfect all counter tops, sinks, toilets, and urinals Every Service Clean and polish restroom metals and mirrors Every Service Dust mop and damp mop all hard floor areas with a hospital grade disinfectant Every Service Restock paper and soap products Every Service Spot clean tile walls and partitions Every Service Detail clean and disinfect tile walls and partitions 1 x per week Change Urinal Screens 1 x per month C. Restroom Deep Cleans Frequency * Deep Clean 1 - 2 restrooms per night, as per attached schedule: 1. Using Re-Juv-Nal Disinfectant & Foamer attachment, clean floor, sinks, toilets, walls & doors, floor. 2. Thoroughly rinse all surfaces after scrubbing with Re-Juv-Nal. 3. Wipe down all surfaces and use floor squeegee to direct water on floor to floor drain. Daily D. Porter at Golden Eagle Park – AS NEEDED Frequency * Work from 2pm - 6pm every Saturday & Sunday, as required by Parks Dept 1. Keep all trash receptacles in entire park emptied and debris removed. 2. Police restroom building to be sure all towels, tissue & soap are stocked & restrooms are kept clean. 3. Police entire park to maintain clean and trash-free environment at all times. Every Weekend E. Closing Procedures Frequency Do a final walk through inspections prior to exiting the building Every Service Document any abnormalities or concerns in the logbook Every Service Lock appropriate doors Every Service Set alarm as directed Every Service Turn off lights as instructed Every Service F. Cautions Frequency As of 11-12-2020 Fountain Hills Parks Dept – Deep Cleaning Schedule To be completed during Regular Nightly Parks Restroom Cleaning Sunday Monday Tuesday Wednesday Thursday Friday Saturday GEP & Trailhead Four Peaks Park DV & Trailhead Fountain Park Golden Eagle Desert Vista & FPP Fountain Park Sunday Monday Tuesday Wednesday Thursday Friday Saturday Fountain Park Desert Vista GEP & Trailhead Four Peaks Park Fountain Park Desert Vista Golden Eagle Park Sunday Monday Tuesday Wednesday Thursday Friday Saturday Golden Eagle Park FPP & Trailhead Desert Vista Fountain Park GEP & Trailhead Desert Vista & FPP Fountain Park Sunday Monday Tuesday Wednesday Thursday Friday Saturday Fountain Park Desert Vista GEP & Trailhead Four Peaks Park Fountain Park Desert Vista Golden Eagle Park Sunday Monday Tuesday Wednesday Thursday Friday Saturday Golden Eagle Park FPP & Trailhead Desert Vista Fountain Park GEP & Trailhead Desert Vista & FPP Fountain Park EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FLYING SQUIRREL ENTERPRISES, INC. D/B/A SYSTEM4 OF PHOENIX [Updated Fee Schedule as of January 1, 2023] See following pages. MONTHLY FEE SCHEDULE Scope/Area Current Fee until December 31, 2022 New Fee as of January 1, 2023 Town Parks Dept. Monthly $4,355 $4,712 Town Monthly (All but Parks) $4,456 $4,821 Total Monthly Fee $8,811 $9,533