HomeMy WebLinkAboutC2023-078.1 Ironwood Landscape - signed1
Contract No. 2023-078.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
IRONWOOD LANDSCAPE
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Ironwood Landscape, a sole proprietor (the
“Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated April 17, 2023, for the Consultant to provide Landscaping services (the
“Services”). 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 increase the authorized amount not
to exceed on the Agreement for Services.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to provide for compensation to the Consultant for the 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 amount not to exceed $50,000
for the Services, resulting in an increase of the cumulative contract amount from $38,280 to
$50,000. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the
Agreement is affirmed and ratified via an executed amendment. All remaining terms and
conditions of the Agreement shall remain in full force and effect.
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.
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3. Non-Default. By executing this First 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 First 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
First Amendment are forever waived.
4. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Rachael Goodwin, Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Chuck Lewis (Dec 20, 2023 16:40 MST)
Chuck Lewis
Chuck Lewis
Owner
Aaron Arnson (Dec 27, 2023 09:34 MST)
Aaron Arnson
Rachael Goodwin (Jan 2, 2024 08:57 MST)
Rachael Goodwin