HomeMy WebLinkAboutContract 2024-006.1 ELCO Enterprises - signed1
Contract No. 2024-006.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ELCO ENTERPRISES, INC.
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 ELCO Enterprises, Inc., a(n) Arizona
corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated July 13, 2023, for the Consultant to provide painting services on a project to
project basis (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
Consultant for Services.
C. The Town and the Consultant 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 Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until June 30,
2025, 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 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
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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. 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: ______________________________
James Elco (Jul 4, 2024 08:34 PDT)
James Elco
James Elco
President
Aaron Arnson (Jul 8, 2024 08:14 PDT)
Aaron Arnson
Rachael Goodwin (Jul 8, 2024 11:50 PDT)
Rachael Goodwin