HomeMy WebLinkAboutC2019-062.1 - Willdan Financial Services, Inc. 2019-062.1
1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
WILLDAN FINANCIAL SERVICES, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into as of December 15, 2020, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and Willdan Financial Services, Inc., a California
corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement,
dated March 5, 2019 (the “Agreement”) for the Consultant to conduct a comprehensive user fee
study. 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 by the Consultant are necessary
(the “Additional Services”).
C. The Town and the Consultant desire to enter this First Amendment to extend the
term of the Agreement and increase 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 May 4,
2021, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall increase the compensation to Consultant by
$9,250.00 for the Additional Services, resulting in an increase of the annual not-to-exceed
compensation amount from $36,865.00 to $46,115.00.
3. 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.
2019-062.1
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4. 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.
5. 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.
6. 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
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Grady E. Miller (Nov 30, 2020 11:13 MST)
Grady E. Miller
Elizabeth A. Burke (Nov 30, 2020 14:13 MST)
Elizabeth A. Burke
“Contractor”
____________________________________,
By:
Name:
Title:
Willdan Financial Services
Robert c. Fisher (Nov 30, 2020 09:34 PST)
Robert c. Fisher
Vice President
Robert c. Fisher
Town of Fountain Hills Contract #2019-062.01
Final Audit Report 2020-11-30
Created:2020-11-24
By:David Pock (dpock@fh.az.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA6e89X5g6_srU_TXBJ6gUu4JhObJX-gIk
"Town of Fountain Hills Contract #2019-062.01" History
Document created by David Pock (dpock@fh.az.gov)
2020-11-24 - 0:23:30 AM GMT- IP address: 184.178.192.162
Document emailed to Robert c. Fisher (cfisher@willdan.com) for signature
2020-11-24 - 0:32:07 AM GMT
Email viewed by Robert c. Fisher (cfisher@willdan.com)
2020-11-30 - 5:34:06 PM GMT- IP address: 47.180.91.65
Document e-signed by Robert c. Fisher (cfisher@willdan.com)
Signature Date: 2020-11-30 - 5:34:50 PM GMT - Time Source: server- IP address: 47.180.91.65
Document emailed to David Pock (dpock@fh.az.gov) for approval
2020-11-30 - 5:34:52 PM GMT
Email viewed by David Pock (dpock@fh.az.gov)
2020-11-30 - 5:55:21 PM GMT- IP address: 184.178.192.162
Document approved by David Pock (dpock@fh.az.gov)
Approval Date: 2020-11-30 - 5:56:08 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to David J. Pock (dpock@fh.az.gov) for approval
2020-11-30 - 5:56:10 PM GMT
Email viewed by David J. Pock (dpock@fh.az.gov)
2020-11-30 - 5:56:37 PM GMT- IP address: 184.178.192.162
Document approved by David J. Pock (dpock@fh.az.gov)
Approval Date: 2020-11-30 - 5:57:02 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature
2020-11-30 - 5:57:04 PM GMT
Email viewed by Aaron Arnson (aaron@piercecoleman.com)
2020-11-30 - 5:57:27 PM GMT- IP address: 98.182.122.87
Document e-signed by Aaron Arnson (aaron@piercecoleman.com)
Signature Date: 2020-11-30 - 5:57:56 PM GMT - Time Source: server- IP address: 98.182.122.87
Document emailed to Grady E. Miller (gmiller@fh.az.gov) for signature
2020-11-30 - 5:57:57 PM GMT
Email viewed by Grady E. Miller (gmiller@fh.az.gov)
2020-11-30 - 6:06:00 PM GMT- IP address: 184.178.192.162
Document e-signed by Grady E. Miller (gmiller@fh.az.gov)
Signature Date: 2020-11-30 - 6:13:42 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to Elizabeth A. Burke (eburke@fh.az.gov) for signature
2020-11-30 - 6:13:44 PM GMT
Email viewed by Elizabeth A. Burke (eburke@fh.az.gov)
2020-11-30 - 9:13:26 PM GMT- IP address: 184.178.192.162
Document e-signed by Elizabeth A. Burke (eburke@fh.az.gov)
Signature Date: 2020-11-30 - 9:13:56 PM GMT - Time Source: server- IP address: 184.178.192.162
Agreement completed.
2020-11-30 - 9:13:56 PM GMT