HomeMy WebLinkAboutC2019-079.3 - JE Fuller1
Contract No. 2019-079.3
THIRD AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC.
THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Third Amendment”) is entered into as of February 1, 2022 between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and JE Fuller/Hydrology and Geomorphology,
Inc., a(n) Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated April 24, 2019, for the Consultant to provide concept design and related
services (the “Services”).
B. The Town and the Consultant entered into a First Amendment dated March 1, 2020
to amend the Agreement to (i) add to the scope of work (Exhibit B), and (ii) provide for
compensation to the Consultant for the Services, and (iii) extend the term of the Agreement.
C. The Town and the Consultant entered into a Second Amendment dated January 4,
2022 to amend the Agreement to (i) add to the scope of work (Exhibit B) and (ii) provide for
compensation to the Consultant for the Services.
D. The Town and the Consultant desire to enter this Third Amendment to amend the
Agreement to extend the term of the Agreement. All capitalized terms not otherwise defined in
this Third Amendment have the same meanings as contained in 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 Consultant hereby agree as follows:
1. Term of Agreement. The term of this Agreement is hereby extended until January
31, 2023, unless terminated as otherwise provided pursuant to the terms and
conditions of the Agreement.
2
2. 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.
3. Non-Default. By executing this Third 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 Third 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
Third Amendment are forever waived.
4. Conflict of Interest. This Third 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. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Jan 27, 2022 14:14 MST)
“Contractor”
____________________________________,
By:
Name:
Title:
JE Fuller/Hydrology and Geomorphology, Inc., a(n) Arizona corporation
Richard Waskowsky (Jan 24, 2022 11:42 MST)
Richard Waskowsky
Vice President
Richard Waskowsky