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HomeMy WebLinkAboutC2019-045.1 - Dixie Green Promotions C2019-045.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND DIXIE GREEN PROMOTIONS THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "First Amendment")is entered into as of September 10,2019,between the Town of Fountain Hills, an Arizona municipal corporation(the"Town")and Dixie Green Promotions,a sole proprietorship (the"Vendor"). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement(the "Agreement"),dated October 25,2018, for the Vendor to provide services related to the provision of a recurring Farmers Market(the "Services"). B. The Town and the Contractor desire to enter this First Amendment to amend Section 4 and Section 7 of the Scope of Work ("Exhibit B"to 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 Contractor hereby agree as follows: A. The following language is added to Section 4 of Exhibit B: The Farmers Market shall generally provide local produce and locally prepared foods,with some exceptions for food products that either cannot be produced locally or that cannot be locally sourced. Such exceptions include tea, coffee, and seasonings. The Farmers Market is primarily a food market. A limited amount of craft product may be sold. Craft may not exceed 10% of the overall market without the written authorization of the Town. Craft must be made by the vendor distributing the craft (i.e., items may not be made available for resale, third-party sale, or through any other similar arrangement). 4 B. The following language is added to (or removed from) Section 7 of Exhibit B: The Farmers Market will be held on Thursdays during the months of October-April from 11:00 am 5 p.m 10:00am -4:00pm. C. 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. D. 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. E. 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. F. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 4 [SIGNATURES ON FOLLOWING PAGES1 I 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 4 ' 11111. Allik Cl'' •V:41,:...IL::, Grady E. Mi` •wn Manager ATTEST: El abeth A. u e,Town Clerk APPROV AS TO FORM: - Cis Aaron D. Arnson,Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2019, before me personally appeared Grady E. Miller, the Town Manager of the TUWN OF FOUNTAIN HILLS, an Arizona municipal corporatiohe C, whose te identity was proven to me on the basis of satisfactory evidence to be the person f Fountain Hills. be,and acknowledged that he signed the above document,on behalf of the Town .. ., c.�wwn�►ate+ ;- No ary Public � ►► kV Comixiiiiitfr Expires (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 3 "Contractor" DIXIE GREEN PROMOTIONS, a sole propriet,rship By: Name: :Di�,�.�.. ..... .......eE-7.e.. 4) ...._ Title:. ©r,(24 (ACKNOWLEDGMENT) STATE OF N\--Lonek. ) )ss, COUNTY OF cY cço_. ) On rd , 2019, before me personally appeared the of DIXIE GREEN PROMOTIONS, a sole whose identity was proven to me on the basis of satisfactory evidence to b©e proprietorship, the person who he/she claims to be, and acknowledged that he/she signed the above a utt behalf of the ` cams , -)6,22YLL Notary Public (Affix notary seal here) 0 SNE ST,lF GENNIFER Pi LA PO.RTE quraw° Notar Public-Arizona -^• . !/ Maricopa County •\ro�z•c� My Comm.Expires Jul 31,2020 4813-9263-8116 v.1 4