HomeMy WebLinkAbout2022-071.2 Shums Coda1
Contract No. 2022-071.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
AND
N SHEA GROUP, LLC
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) Shums Coda Associates, Inc., a(n) California
corporation (the “Consultant”) and N-Shea Group, LLC, an Arizona limited liability company
(the “Developer”) [together “Parties”].
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated May 24, 2022, for the Consultant to provide Plan Review & Building
Inspection Services (the “Services”); the Town and Consultant amended the Agreement via
Amendment No. 1, dated May 8, 2023. All capitalized terms not otherwise defined in this Second
Amendment have the same meanings as contained in the Agreement.
B. The Town has determined that it is necessary to include Planning/Zoning Review
services.
C. The Town and the Consultant desire to enter this Second Amendment to amend the
Agreement to (i) include Planning/Zoning Review Services and (ii) provide for a fee schedule for
those 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. Exhibit D is hereby 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.
2
3. Non-Default. By executing this Second 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 Second 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 Second 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. 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 Second Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
EXHIBIT D
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
[Planning/Zoning Review Scope & Fee Schedule]
See following pages.
EXHIBIT D: Planning/Zoning Plan Review Scope & Fee
• Conduct planning/zoning plan review and inspections with relevant comments which refer to
specific detail and reference applicable code sections for each item cited.
Planning/Zoning Review Fee: $200/HR
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
Rachael Goodwin, Interim Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Rachael Goodwin (Jun 12, 2023 12:18 PDT)
Rachael Goodwin
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
“Developer”, acknowledgement
By: _________________________
Name: ______________________
Title: _______________________
Bartmshea (Jun 8, 2023 11:28 EDT)
Bartmshea
Manager
Christine Godinez
Chief Operating Officer