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HomeMy WebLinkAboutC2022-062.3 - EMCOR Mesa Energy Systems1 Contract No. 2022-062.3 THIRD AMENDMENT TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MESA ENERGY SYSTEMS D/B/A EMCOR SERVICES OF ARIZONA THIS Third AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Third Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Mesa Energy Systems d/b/a EMCOR Services of Arizona., a(n) Arizona corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement dated March 31, 2022, that First Amendment, dated May 20, 2022, and that Second Amendment, dated August 1, 2022 (the “Agreement) for the Consultant to provide HVAC Maintenance, Repair, and Emergency Services (the “Services”). 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 increase funds on the Agreement with the Consultant for Services for unforeseen maintenance needs and repairs. C. The Town and the Consultant desire to enter this Third Amendment to amend the Agreement to provide compensation for Additional 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 $100,000 (including all renewals) for the Services, an increase of $50,000 from the original $50,000. 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. 2 3. Non-Default. By executing this Third 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 Third 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 Third 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 Third 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 (Apr 10, 2023 13:47 PDT) Aaron Arnson Rachael Goodwin (Apr 10, 2023 13:59 PDT) Rachael Goodwin “Contractor/Vendor/Consultant” ____________________________________, By: Name: Title: Mesa Energy Systems d/b/a EMCOR Services of Arizona Don Griffin (Feb 23, 2023 06:13 MST) Don Griffin Don Griffin Branch Manager