HomeMy WebLinkAboutC2019-002.1 - Brown & Associates Contract #C2019-002.1
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FIRST,AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BROWN,& ASSOCIATES CERTIFIED INSPECTION SERVICE, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
"First Amendment") is effective as of September 1, 2018, between the Town of Fountain Hills,
an Arizona municipal corporation (the "Town"), and Brown & Associates Certified Inspection
Service, Inc., an Arizona corporation (the "Consultant"):
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement dated July
1, 2018 (the `.`Agreement"), for Consultant to provide on-call plan review and inspection
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 additional on-call plan review.and inspection:services by
the Consultant are necessary(the "Additional Services").
C. The Town and the Consultant desire to enter into this First Amendment to provide for the
increase in compensation to the Consultant for the.Additional 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 Consultant hereby agree as follows:
1. Compensation. The Town shall increase the compensation.to,Consultant by $45,000.00
for the Additional Services at the rates set forth 'in the Fee Proposal, .attached to the
Agreement as Exhibit B, resulting in an increase Of the aggregate not-to-exceed
coinpensation from $15,000.00 to $60,000.00.
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 frill 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 been in default at anytime prior to
this First Amendment, under any of the terms or conditions of the Agreemeht'and (ii) any
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PHOENIX 77018-1 494949v1
Contract#C2019-002.1
and all claims, known and unknown, relating to the Agreement and existing on or before
the date of this First Amendment are forever waived.
4. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration
of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
5. Conflict of Interest. This First Amendment and the Agreement may be canceled by the
Town pursuant to ARIZ. REV. STAT. § 38-511.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
•
Grady E. Miller, ow Manager
ATTEST:
lizabet • :urke, Town lerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On trAttat .3 , 2018, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be, and acknowledged that he signed the above document, on behalf of the Town of Fountain
Hills.
PAULA L.WOODIAPRD �).o��.J,.
Espy v+raie-SON Wawa PWAL1 1 w +V"Mi• � MAMOOPYI COUNTY
o. o + cawruiowI0601$1 Notary Public
E�InsAapwt 10,2022 y
(Affix notary seal here)
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PHOENIX 77018-1 494949v1
Contract#02019-002.1
"Consultant"
BROWN&ASSOCIATES CERTIFIED
INSPECTION SERVICE, INC.,
an Arizona corporati•
By: /, ter"
Name: Michael J, Brown
Title: President
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On je,fi.t art(aer a U , 2018, before me personally appeared fti, L.}ty e I T
Brawn , the p wrier of BROWN & ASSOCIATES
CERTIFIED INSPECTION SERVICE, INC., an Arizona corporation, whose identity was
proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and
acknowledged that he/she signed the above document on behalf of the corporation.
ttfii3l jif ADAM GUNN 1
Notary Pubhc-Amory ( //
4 -
mricopcountr t Notary Public
' I�,�,� My comm.Fomes tut 27.2021 p
(Affix notary seal here)
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