HomeMy WebLinkAboutC2019-006S2.1_Carume Contracting Quality Construction LLC - signed1
Contract No. 2019-006S2.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CARUME CONTRACTING QUAILTY CONSTRUCTION, LLC
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 Carume Contracting Quality Construction, LLC,
a(n) Arizona limited liability company (the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Professional Services Agreement (the
“Agreement”), dated March 19, 2019, for the Contractor to provide construction and related
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 extend the Agreement with the
Contractor for Services.
C. The Town and the Contractor desire to enter this First Amendment to amend the
Agreement to extend the term of the Agreement.
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 Contractor hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until May 31,
2024, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
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 First Amendment, the Contractor 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
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claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
4. China. Pursuant to and in compliance with A.R.S. § 35-394, Contractor hereby
agrees and certifies that it does not currently, and agrees for the duration of this Agreement that
Contractor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China;
(2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China. Contractor also hereby agrees to indemnify and hold harmless the Town, its officials,
employees, and agents from any claims or causes of action relating to the Town’s action based
upon reliance upon this representation, including the payment of all costs and attorney fees
incurred by the Town in defending such as action.
5. 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: ______________________________
tom hulme
owner
Aaron Arnson (May 6, 2024 09:53 PDT)
Aaron Arnson
Rachael Goodwin (May 6, 2024 10:39 PDT)
Rachael Goodwin