HomeMy WebLinkAboutC2020-006.A13- Boys & Girls Club1
Contract No. 2020-006.13
THIRTEENTHAMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BOYS & GIRLS CLUB OF GREATER SCOTTSDALE, INC.
THIS THIRTEENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(this “Thirteenth Amendment”) is entered into as of August 16, 2021, 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, by that Second Amendment, dated June 21, 2010, by that Third Amendment,
dated October 6, 2011, by that Fourth Amendment, dated June 21, 2012, by that Fifth Amendment,
dated June 20, 2013, by that Sixth Amendment, dated June 19, 2014, by that Seventh Amendment,
dated August 19, 2015, by that Eighth Amendment, dated July 1, 2016, by that Ninth Amendment,
dated May 24, 2017, by that Tenth Amendment, dated July 1, 2018, by that Eleventh Amendment,
dated July 1, 2019, and by that Twelfth Amendment, dated July 1, 2020, (the “Amendments”) for
the Contractor to provide youth services (the "Services"). The Original Agreement and the
Amendments are collectively referred to herein as the "Agreement." All capitalized terms not
otherwise defined in this Thirteenth 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 Thirteenth 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:
2
1. Term of Agreement. The term of the Agreement is hereby extended until June 30,
2022, 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
$24,480.00 for the Additional Services.
3. Payment. The Town shall pay the Contractor a lump sum of $24,480.00 within 30
days after execution of this Thirteenth 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 Thirteenth 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 Thirteenth 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 Thirteenth 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” of goods and services from Israel
as that term is defined in A.R.S. § 35-393, et seq.
7. Conflict of Interest. This Thirteenth Amendment and the Agreement may be
cancelled by the Town pursuant to A.R.S. § 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. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Aug 23, 2021 08:35 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Boys & Girls Club of Greater Scottsdale, Inc.
Ivan Gilreath (Aug 16, 2021 17:19 PDT)
Ivan Gilreath
President/CEO
Ivan Gilreath