Loading...
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. 2 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] 7 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.