HomeMy WebLinkAboutC2019-014.01 Contract No.2019-014
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
C&S SWEEPING SERVICES,INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
"First Amendment") is entered into as of November 13, 2018, between the Town of Fountain
Hills, an Arizona municipal corporation (the "Town") and C&S Sweeping Services, Inc., an
Arizona corporation(the"Consultant").
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement(the
"Agreement"), dated July 12, 2018, for the Consultant to provide street sweeping 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
Consultant for Services.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to (i) extend the term of the Agreement and (ii) 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 Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until March
13, 2019, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall pay Consultant an amount not to exceed
$10,000.00 for the Services, resulting in an increase of the cumulative contract amount from
$20,000.00 to $30,000.00.
3. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly
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given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below or (C) given to a
recognized and reputable overnight delivery service,to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills,Arizona 85268
Attn: Grady E.Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 East Falcon Drive, Suite 111
Mesa,Arizona 85215
Attn: Aaron D.Arnson,Town Attorney
If to Consultant: C&S Sweeping Services,Inc.
P.O.Box 24479
Phoenix,Arizona 85074
Attn: Sam Danielson, Operations Manager
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
4. 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.
5. 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
claims,known and unknown,relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
6. 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.
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7. 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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IN WITNES WHEREOF,the parties hereto have executed this Agreement as of the date
and year first set fooil above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
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Grady E. * r, wn Manager ATTEST:
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aabeth '''" t'l , mil Cl-
AFPR 1t i';110 AS TO FORM:
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L.. -
T Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
)ss.
COUNTY OF MAR'C a PA )
On veedartit#4, „3 , 2018, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN OF FOUN'AIN HILLS,an Arizona municipal corporations 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.
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PAtkAL
I)alia —j. IA:.
1‘.;";ita ia .atoultAition
Notary Public
(Affix notary seal h )
lrlONATI3RES CONTINUE ON FOLLOWING PAGE]
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,
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"Consultant"
C&S SWEEPING SERVICES,INC.,
an Arizona corporation
By:
Name: 134),/1!�`silfl�
Title: ( ) Pl'Cc fly}/js 1)2 per'
(ACKNOWLEDGMENT)
STATE OF -/r
COUNTY OF gl/ ) ss.
4On , 2018, before me ersonally appeared 7Z%/W(f/-'
/1/7//) ) , the ' of C&S SWEEPING SERVICES,
INC., an Arizona corporation, who identity was pr en 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 C&S Sweeping Services.
Ai,i j NOTIGAIL ARY
!fir NOTARY PUBLIC-ARIDJNA
t� - ` MARICOPA COUNTY
` /1 COMMISSION F 550457
'�V` MY COMMISSION WIRES No blic
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(Affix notary seal here)
4812-9512-1024 v.1
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