HomeMy WebLinkAboutC2022-061.1 - Schmitt Roofing1
Contract No. 2022-061.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
DREWB1’S BUNGALOW, LLC
D/B/A
SCHMITT ROOFING
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into as of August 8, 2022, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and DrewB1’s Bungalow, LLC, d/b/a Schmitt
Roofing, a(n) Arizona limited liability company (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated January 31, 2022, for the Consultant to provide roof replacement,
maintenance, and repair 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 to provide compensation the
Consultant for Additional Services.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to provide for 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. Compensation. The Town shall pay Consultant an aggregate amount not to exceed
$13,000.00 for the Services, an increase of $5,000 from $8,000.
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
2
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.
4. 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.
5. 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:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Aug 16, 2022 10:01 PDT)
Linda Mendenhall (Aug 16, 2022 13:56 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
DrewB1’s Bungalow, LLC, d/b/a Schmitt Roofing, a(n) Arizona limited liability company (
Drew Schmitt (Aug 15, 2022 10:30 PDT)
Drew Schmitt
Owner