HomeMy WebLinkAboutC2023-078.2 Ironwood Landscaping - signed1
Contract No. 2023-078.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
Charles Lewis
D/B/A
IRONWOOD LANDSCAPE
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Charles Lewis d/b/a Ironwood Landscape, a sole
proprietorship (the “Vendor”).
RECITALS
A. The Town and the Vendor entered into a Professional Services Agreement (the
“Agreement”), dated April 17, 2023 (and amended via Amendment No.1, dated January 2, 2024),
for the Consultant to provide landscaping 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.
C. The Town and the Vendor desire to enter this Second 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 Vendor hereby agree as follows:
1. Compensation. The Town shall pay Vendor an aggregate amount not to exceed
$88,280 (including all renewals) for the Services, resulting in an increase of $38,280.
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 Second Amendment, the Vendor 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.
4. 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]
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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: ______________________________
Charles Lewis (Jul 7, 2024 13:33 PDT)
Charles Lewis
Charles Lewis
Owner
Aaron Arnson (Jul 8, 2024 08:15 PDT)
Aaron Arnson
Rachael Goodwin (Jul 8, 2024 11:49 PDT)
Rachael Goodwin