HomeMy WebLinkAbout2023-039.1 - RAMM1
Contract No. 2023-039.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RICKER, ATKINSON, MCBEE, MORMAN & ASSOCIATES, 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 Ricker, Atkinson, McBee, Morman & Associates, Inc.,
a(n) Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated October 10, 2022, for the Consultant to provide Materials Testing and
Inspection 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 extend the term of the Agreement.
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. 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
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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. 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]
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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: ______________________
Ricker, Atkinson, McBee, Morman & Associates, Inc., a(n) Arizona corporation
David A. Thomas (Jun 14, 2023 10:23 PDT)
David A. Thomas
President
David A. Thomas
Rachael Goodwin (Jun 19, 2023 07:45 PDT)
Rachael Goodwin