HomeMy WebLinkAboutC2019-023.1 Contract No. 2019-023.1
FIRST A TOE ;, ,.-NDMENT , „y;, -. :
CONTRACT NO. 2019-023 DEC 1 2 2018
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND -------�-
IRONWOOD LANDSCAPE
THIS FIRST AMENDMENT TO CONTRACT NO. 2019-023 (this "First Amendment")
is entered into as of November 19, 2018, between the Town of Fountain Hills, an Arizona
municipal corporation (the "Town") and Ironwood Landscape, an Arizona sole proprietorship
(the "Contractor").
RECITALS
A. The Town issued Request for Quotation 2019-023 (the "QSP") seeking bids from
contractors to perform landscape services (the "Services"). The Contractor responded to the
QSP and the Town and Contractor entered into Contract No. 2019-023, dated October 9, 2018,
for the provision of the Services (the "Contract"), a true and correct copy of which is on file with
the Town Clerk. All of the capitalized terms not otherwise defined in this First Amendment have
the same meanings as defined in the Contract.
B. Pursuant to Section 11.3 of the Town Procurement Policy and 3-3-25 of the Town
Code, emergency procurement may be utilized based upon a threat to the public health, welfare,
property, or safety.
C. On November 6, 2018, the Town Council approved a motion to authorize the
Town Manager to institute emergency procurement procedures in order to expedite the repairs to
and restoration of Golden Eagle Park and the town's storm water system in response to the
October 2, 2018 storm event.
D. The Town has, determined that it is necessary for the Contractor to perform
additional repair services (the "Additional Services") on an emergency basis, and the Town and
the Contractor desire to enter this First Amendment to provide for compensation to the
Contractor 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 Contractor hereby agree as follows:
1. Compensation. The Town shall increase the compensation to Contractor by not
more than $15,000.01, for the Additional Services, resulting in an increase of the aggregate not-
to-exceed compensation from $49,999.99 to $65,000.00.
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 full force and effect.
3. Non-Default. By executing this First Amendment, the Contractor 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.
4. Israel. Contractor 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 cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
1�1a 1 Grady E. Mill , Manager
ATTEST:
Elizabeth urke, Town Clerk
APPROVED AS TO FORM:
. Arnson, own Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On 11._Dw,Art" 1 g; 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.
°'• 0. RH M
'ONDA P"b►�cstateerA AN
MrBRE Riv5vutalin
comm►s copA.co won Expres June 30,�19 Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
"Contractor"
IRONWOOD LANDSCAPE
a(n)Arizona s pro ' hip
By:
Name: Ct5//wz c'.5 Z-C'Z-04s
Title: 44--,1Nz2
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On /� C-C "7 , 2018, before me personally appeared CN.ztsS
l__c...)i S , the O t4.3,u��Z of t- oAl L000i L.4-,►bSccLi
a(n) SALE QgPI2t Fro2St+t'P , 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 be alf of the =,(La,..1 Wo81\ L.q-,.i ,.5C4ac'
r DARLA J HELVIG
4: 'y NOTARY PUBLIC•ARIZONA
Maricopa County l
Commission#554544
%� '� My Commission Expires /�
t! October 30,2022 Notary Public V
(Affix notary seal here)
4825-0405-9008 v.1