HomeMy WebLinkAboutC2022-062.3 - EMCOR Mesa Energy Systems1
Contract No. 2022-062.3
THIRD AMENDMENT
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MESA ENERGY SYSTEMS
D/B/A
EMCOR SERVICES OF ARIZONA
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 Mesa Energy Systems d/b/a EMCOR Services
of Arizona., a(n) Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement dated
March 31, 2022, that First Amendment, dated May 20, 2022, and that Second Amendment, dated
August 1, 2022 (the “Agreement) for the Consultant to provide HVAC Maintenance, Repair, and
Emergency 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 increase funds on the Agreement
with the Consultant for Services for unforeseen maintenance needs and repairs.
C. The Town and the Consultant desire to enter this Third Amendment to amend the
Agreement to provide compensation for Additional 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, an increase of $50,000 from the original
$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.
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 (Apr 10, 2023 13:47 PDT)
Aaron Arnson
Rachael Goodwin (Apr 10, 2023 13:59 PDT)
Rachael Goodwin
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Mesa Energy Systems d/b/a EMCOR Services of Arizona
Don Griffin (Feb 23, 2023 06:13 MST)
Don Griffin
Don Griffin
Branch Manager