HomeMy WebLinkAboutC2022-071.1 - Allan Buick Bers1
Contract No. 2022-077.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ALLANA, BUICK & BERS, 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 Allana, Buick & Bers, Inc., a(n) California
corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated May 28, 2022, for the Consultant to provide Forensic Engineering Analyses
(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 increase the dollar amount authorized
under Agreement with the Consultant for 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
$50,000 for the Services. The aggregate amount per renewal term shall not exceed $50,000 in any
case unless the Agreement is affirmed and ratified via an executed amendment. All remaining
terms and conditions of the Agreement shall remain in full force and effect.
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.
2
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.
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 (Nov 16, 2022 10:26 MST)
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Allana, Buick & Bers, Inc., a(n) California corporation
John Kelleher (Nov 10, 2022 10:47 PST)
John Kelleher
John Kelleher
CFO