HomeMy WebLinkAboutC2022-038.1 - Consultant Registered Surveying1
Contract No. 2022-038.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CONSULTANT REGISTERED SURVEYING, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Consultant Registered Surveying, Inc., a(n)
Arizona corporation (the “Vendor”).
RECITALS
A. The Town and the Vendor entered into a Professional Services Agreement (the
“Agreement”), dated October 11, 2021, for the Vendor to provide Land Surveying services (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 it is necessary update the fee schedule for services.
C. The Town and the Vendor desire to enter this First Amendment to amend the
Agreement to provide for an updated fee schedule.
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. Exhibit A is hereby replaced in its entirety with Exhibit A-1, which is incorporated
by this reference.
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 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.
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4. Israel. Vendor 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.
5. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees
and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor
will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any
goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor
also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents
from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action.
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]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
____________________________________
Rachael Goodwin, Interim Town Manager
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE CONTRACTOR:
__________________________
By: _______________________
Name:_____________________
Title: ______________________
Consultant Registered Surveying, Inc., a(n) Arizona corporation
Carl Sitterley (Apr 12, 2023 11:16 PDT)
Carl Sitterley
President
Carl Sitterley
Aaron Arnson (Apr 13, 2023 10:59 PDT)
Aaron Arnson
Rachael Goodwin (Apr 13, 2023 14:10 PDT)
Rachael Goodwin
EXHIBIT A-1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CONSULTANT REGISTERED SURVEYING, INC.
[Scope/Fee Schedule]
See following pages.