HomeMy WebLinkAbout2023-006.1 - Aquatic Env Systems1
Contract No. 2023-006.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
AQUATIC ENVIRONMENTAL SYSTEMS, 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 Aquatic Environmental Systems, Inc., a(n)
Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated July 1,2022, for the Consultant to provide Repair Services to Water Filtration
Systems with UV Technology and Related 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 extend the Agreement with the
Consultant for Services.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to (i) extend the term of the Agreement and (ii) provide for updated fees 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. Term of Agreement. The term of the Agreement is hereby extended until June 30,
2024, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Exhibit A (Scope/Fees) shall be replaced in its entirety with Exhibit A-1
(Scope/Fees), which is hereby incorporated by this reference.
3. 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.
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4. 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.
5. 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.
6. 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.
7. 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: ______________________
Aquatic Environmental Systems, Inc., a(n) Arizona corporation
T. Pittsenbarger (May 25, 2023 11:32 PDT)
T. Pittsenbarger
General Manager
T. Pittsenbarger
Aaron Arnson (May 25, 2023 13:37 PDT)
Aaron Arnson
Rachael Goodwin (May 29, 2023 14:29 CDT)
Rachael Goodwin
EXHIBIT A-1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
AQUATIC ENVIRONMENTAL SYSTEMS, INC.
[Scope/Fee Schedule]
See following pages.
Scope of Work
• Vendor shall provide maintenance and repair services to water filtration systems with UV
Technology and Related Services.
• Vendor shall perform maintenance on Town Splash Pad Equipment per all factory equipment
recommendations.
Rates:
Standard on site labor = $105 per hour
BECS Controllers - $145 per hour
ETS UV systems - $145 per hour
From:Tony Pittsenbarger
To:Robert Durham; Kevin Snipes
Subject:RE: Contract Renewal
Date:Monday, April 10, 2023 10:10:06 AM
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EXTERNAL EMAIL
Hi Rob
Please see the rates below.
BECS / ETS labor rate per hour = $145.00 per hour
Let me know if you need anything else.
Thank you
Tony
Tony Pittsenbarger
General Manager
Aquatic Environmental Systems
1733 E. McKellips Rd Ste 108
Tempe Az 85288
Office: 480-947-3400
Cell: 602-329-8289
Fax: 480-947-3414
www.aes-sw.com
From: Robert Durham <rdurham@fountainhillsaz.gov>
Sent: Monday, April 10, 2023 9:59 AM
To: Kevin Snipes <ksnipes@fountainhillsaz.gov>; Tony Pittsenbarger <TPittsenbarger@aes-sw.com>
Subject: RE: Contract Renewal
Hi, Tony.
Send me the new rates and I’ll draft an amendment.
Thanks,
Rob