HomeMy WebLinkAboutC2019-079.5 JE Fuller Hydrology and Geomorphology Inc - signed1
Contract No. 2019-079.5
FIFTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC.
THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Fifth Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and JE Fuller/Hydrology and Geomorphology, Inc.,
a(n) Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated April 24, 2019 (as amended), for the Consultant to provide concept and
design for drainage improvements at Golden Eagle Park (the “Services” and “Project”). All
capitalized terms not otherwise defined in this Fifth 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
Consultant for Services.
C. The Town and the Consultant desire to enter this Fifth 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 Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until December
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 Fifth Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any
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time prior to this Fifth 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 Fifth Amendment are forever
waived.
4. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees
and certifies that it does not currently, and agrees for the duration of this Agreement
that Vendor 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. Vendor 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 Fifth 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: ______________________________
Richard Waskowsky (May 17, 2024 13:59 PDT)
Richard Waskowsky
Richard Waskowsky
Vice President
Aaron Arnson (May 18, 2024 11:23 PDT)
Aaron Arnson
Rachael Goodwin (May 20, 2024 07:45 PDT)
Rachael Goodwin