HomeMy WebLinkAboutC2020-010.1 - Fountain Hills Veterans Memorial, Inc. Contract No. 2020-010
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FOUNTAIN HILLS VETERANS MEMORIAL, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
"First Amendment") is entered into as of July 1, 2020, between the Town of Fountain Hills, an
Arizona municipal corporation (the "Town") and Fountain Hills Veterans Memorial, Inc., an
Arizona nonprofit corporation(the"Consultant").
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement,
dated July 1, 2019 (the "Agreement"), for the Consultant to provide the Town with maintenance
of the Veterans Memorial at Fountain Park (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 additional Services from the Consultant are
necessary(the "Additional Services").
C. The Town and the Consultant desire to enter this First Amendment to(i) extend the
Term of the Agreement, (ii) modify the payment provision, and (iii) provide for compensation for
the Consultant 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 Consultant hereby agree as follows:
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 Consultant an amount not to exceed
$3,000.00 for the Additional Services.
3. Payments. The Town shall pay the Consultant a lump sum of $3,000.00 within
thirty(30) days after execution of this Agreement.
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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.
7. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to ARIZ. REV. STAT. § 38-51 1.
[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
Da2v-it '- A/Ajti --
Grady E. ' e Town Manager
ATTEST:
/4-la Ag&d
lizabet . Burke,Town lerk
APPROVED AS TO FORM:
aron D. Arnson, Town Att ie
y
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On / 6 . ,` D , 2020, 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.
.&44.1,—,
_..10 , ELIZABETHA BURKE Notary Pt fc
ti.2- lCOPA COUNTY
(Affix notat s�_,oer �*��
022
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Consultant"
FOUNTAIN HILLS VETERANS MEMORIAL, INC.,
a(n)Arizona nonprofit corporation
By:
r
„,,,,,,Z-ZO
Name: Samuel D. Coffee
Title: President
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )
On OC�v 6e' J 0) , 2020, before me appeared Samuel D Coffee, the
President of FOUNTAIN HILLS VETERANS MEMORIAL, 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 nonprofit
corporation.
a�HE+L� ANTONIO R GU'rIERRE2 �
u u Notnry Public-Arizona
w4 Maricopa County
1 'j Commission#no, ( N Ub
,9, My Comm,Expires Dec 5,2023
(Affix notary seal here)
4838-8104-6977 v.1
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