HomeMy WebLinkAboutC2020-006.A12 - Boys & Girls Club of Greater Scottsdale, Inc. Contract No. 2020-006
TWELFTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BOYS & GIRLS CLUB OF GREATER SCOTTSDALE, INC.
THIS TWELFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(this "Eleventh Amendment") is entered into as of July 1, 2020, between the Town of Fountain
Hills, an Arizona municipal corporation (the "Town") and Boys & Girls Club of Greater
Scottsdale, Inc., an Arizona corporation (the"Contractor").
RECITALS
A. The Town and the Contractor entered into a Professional Services Agreement,
dated May 17, 2007 (the "Original Agreement"), as amended by that First Amendment, dated
October 4, 2007 (the "First Amendment"), by that Second Amendment, dated June 21, 2010 (the
"Second Amendment"), by that Third Amendment, dated October 6, 2011 (the "Third
Amendment"), by that Fourth Amendment, dated June 21, 2012 (the "Fourth Amendment"), by
that Fifth Amendment, dated June 20, 2013 (the "Fifth Amendment"), by that Sixth Amendment,
dated June 19, 2014 (the "Sixth Amendment"), by that Seventh Amendment, dated August 19,
2015 (the "Seventh Amendment"), by that Eighth Amendment, dated July 1, 2016, by that Ninth
Amendment, dated May 24, 2017, by that Tenth Amendment, dated July 1, 2018, and by that
Eleventh Amendment, dated July 1, 2019, for the Contractor to provide youth services (the
"Services"). The Original Agreement and First through Eleventh Amendments are collectively
referred to herein as the "Agreement."All capitalized terms not otherwise defined in this Eleventh
Amendment have the same meanings as contained in the Agreement.
B. The Town has determined that additional Services from the Contractor are
necessary(the "Additional Services").
C. The Town and the Contractor desire to enter this Twelfth Amendment to (i)extend
the Term of the Agreement, (ii) modify the payment provision,and(iii)provide for compensation
for the Contractor to perform 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:
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1. Term of Agreement. The term of the Agreement is hereby extended until June 30,
2021, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall pay the Contractor an annual amount not to exceed
$27,200.00 for the Additional Services.
3. Payment. The Town shall pay the Contractor a lump sum of$27,200.00 within 30
days after execution of this Twelfth Amendment.
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 Twelfth 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 Twelfth 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 Twelfth Amendment are forever waived.
6. 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.
7. Conflict of Interest. This Twelfth 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 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
c
Grady E. Miller, To ager
ATTEST:
E izabeth urke, Town Clerk
APPR D AS TO FORM:
aron D. Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On g4,, , 2020, before me personally appeared Grady E. Miller, the
Town Manager of the TO 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.
otary P c
rrHABURKE
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[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Contractor"
BOYS & GIRLS CLUB OF GREATER SCOTTSDALE, INC.,
a(n)Arizona corporation
By:
Name: / 0 /7c-767(/'
Title: /7/ $,1 1i t ��Lf
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
n A-A l4.-1 LfiA , 2020, before me personally appeared
to/j�,� , the p/2�,g�1 1C BOYS & GIRLS C UB OF
GREATER SCOTTSDALE, INC., a(n)Arizona corporation,whose identity was proven to me on
the basis of satisfactory evidence to be the person who he/she claim to ,and acknowledged that
he/she signed the above document on behalf of the corporation.
++„ SELENA LOCKHART
Notary Public-Arizona
Marico Notary Publ'
Commissipaon 4 584County394
itailipi"'a My Co .Ex es Jun 10,2024
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4826-0322-6049 v.l
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PROGRAM: YOUTH/TEEN ACTIVITIES
CONTRACTOR: BOYS & GIRLS CLUB OF GREATER SCOTTSDALE,
MARY ELLEN AND ROBERT MCKEE BRANCH
PROGRAMS:
1) Globally Competitive Graduates:
2) 21'Century Leaders:
3) Healthy Game-Changers:
4) Innovative Dream-Makers:
REPORTING:
An annual report,containing the following information broken down by each of the four programs,
is due by March 30:
1) Frequency of class sessions
2) Number of participants per program
3) Average age of participants
4) Program cost itemized
5) Pre-Post test results