Loading...
HomeMy WebLinkAboutC2022-057.4 Artistic Land Mgmt - signed1 Contract No. 2022-057.4 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ARTISTIC LAND MANAGEMENT, INC. THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Fourth Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Artistic Land Management, Inc., an 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, and amended via Amendment No. 3, dated March 7, 2023, for the Consultant to provide Landscaping services (the “Services”). All capitalized terms not otherwise defined in this Fourth Amendment have the same meanings as contained in the Agreement. B.The Consultant has determined that it is necessary to increase pricing due to the increase in the Consumer Price Index; the Town accepts this reasoning. C.The Town and the Consultant desire to enter this Fourth Amendment to amend the Agreement to (i) reflect an increase in the fee schedule (ii) and update the Notices and Requests section. 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.EXHIBIT B. All pricing referenced in Exhibit A shall be replaced with pricing/fee schedule in Exhibit B. Exhibit B is hereby incorporated by this reference. Pricing shall take effect on January 1, 2024. 2.Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: 2 If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Rachael Goodwin, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Artistic Land Management, Inc. P.O. Box 2320 Chandler, Arizona 85224 Attn: Vanessa Hernandez or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 3.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. 4.Non-Default. By executing this Fourth 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 Fourth 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 Fourth Amendment are forever waived. 5.Conflict of Interest. This Fourth Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 7 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: ______________________________ Jose Hernandez (Jan 29, 2024 10:30 MST) Jose Hernandez Jose Hernandez President Aaron Arnson (Jan 29, 2024 12:54 MST) Aaron Arnson Rachael Goodwin (Feb 5, 2024 09:24 MST) Rachael Goodwin EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ARTISTIC LAND MANAGEMENT, INC. [Updated Fee Schedule] See following pages. Pricing 1/1/24 through 12/31/24