HomeMy WebLinkAboutC2020-009.A1- FH Sister Cities Corp Contract No. 2020-009
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FOUNTAIN HILLS SISTER CITIES CORPORATION
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
"First Amendment") is entered into as of July 1, 2019, between the Town of Fountain Hills, an
Arizona municipal corporation (the "Town") and Fountain Hills Sister Cities Corporation, an
Arizona nonprofit corporation(the"Consultant").
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement,
dated July 1, 2018 (the "Original Agreement") for the Consultant to provide programming and
consultation on sister cities programs, as needed by the Town (the "Services"). The Original
Agreement and this First Amendment are collectively referred to herein as the "Agreement." 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 additional Services from the Consultant are
necessary(the "Additional Services").
C. The Town and the Consultant desire to enter this First Amendment to (i) extend
the Term of the Agreement, (ii) modify the payment provision, and (iii) provide for
compensation for the Consultant to perform the 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. Term of Agreement. The term of the Agreement is hereby extended until June 30,
2020, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall pay the Consultant an amount not to exceed
$10,000.00 for the Additional Services.
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3. Payments. The Town shall pay the Consultant a lump sum of$10,000.00 within
thirty(30) days after execution of this Agreement.
4. 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.
5. 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.
6. 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.
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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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
411 Z . \AA;A•
1 Grady E. Mille►, To, Manager
ATTEST:
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gi-izabet Burke, Town Cl rk
APPROVED AS TO FORM:
aron D. Arnson, Town A rney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
O 9 , 2019, before me personally appeared Grady E. Miller, the
Town Manag of th OWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be, and acknowledged that he signed the above document, on behalf of the Town of Fountain
Hills.
,tik JAMIE SALENTINE —� �.
7� Notary Public-State of Arizon.
4' agt cour, r N tary Public
`'or d Commission*550103
Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Consultant"
FOUNTAIN HILLS SISTER CITIES CORPORATION,
a(n)Arizona corporation
_ ea„,,,tu
By: ea„.„,
Name: ROL 7 £ ,4&RoLL
Title: TAAALL,01241k
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On LGi/cr'� fD?; , 2019, before me personally appeared (
j ('/A U// , the /G� ioy,T of FOUNTAIN HILLS SISTER
CITIES CORPORATION, a(n) Arizona corporation, whose identity was proven to me on the
basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that
he/she signed the above document on behalf of the corporation.
COMM.11.Mi e
.Al" , CaawNs�K»�e
' - Notary Nib-Admen ,
\?� MM1..M awN►Comalssiso Wine
/
• NIS I\8ot Public
(Affix notary seal here)
4851-1539-1388 v.1
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