HomeMy WebLinkAboutC2021-012 - Fountain Hills Cultural and Civic Association Contract 2021-012
AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FOUNTAIN HILLS CULTURAL AND CIVIC ASSOCIATION,INC.
THIS AGREEMENT is entered into as of July 9, 2020, between the Town of Fountain
Hills, an Arizona municipal corporation (the "Town") and Fountain Hills Cultural and Civic
Association, Inc., a(n)Arizona nonprofit corporation(the "FHCCA").
RECITALS
A. On June 16,2020,the Town Council approved the expenditure of$50,000 from the
Public Art Fund (the "Funds") for the creation and installation of the Fountain of Light sculpture,
which will recognize past and future mayors of Fountain Hills with space allocated for up to 27,
8x10 plaques, of which nine (9) plaques will be installed recognizing all Mayors from 1989
through 2020 (the "Project").
B. The FHCCA, working in connection with the Town Public Art Committee, will
utilize the funds for the installation and completion of the Project.
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 FHCCA hereby agree as follows:
1. Compensation. The Town shall provide the Funds to the FHCCA.
2. Use of Funds. FHCCA understands and agrees that the Funds shall be used only
for the Project as stated herein and for no other purpose.
3. Inspection; Acceptance. All work on the Project related to the plaques shall be
subject to inspection and acceptance by the Town.
4. Conflict of Interest. This Agreement is subject to the provisions of ARIz. REV.
STAT. § 38-511.
5. Gratuities. The Town may,by written notice to FHCCA, cancel this Agreement if
it is found by the Town that gratuities, in the form of economic opportunity, future employment,
entertainment, gifts or otherwise, were offered or given by the FHCCA or any agent or
representative of the FHCCA to any officer, agent or employee of the Town for the purpose of
securing this Agreement.
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6. Applicable Law;Venue. This Agreement shall be governed by the laws of the State
of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa
County,Arizona.
7. Attorneys' Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys'
fees and reasonable costs and expenses,determined by the court sitting without a jury,which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
[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
$1° •
Grady E. Miller To Manager
ATTEST:
E izabeth urke, Town C rk
APPR ED AS TO FORM:
4a t er- 41.4. -o
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On - pO •a0, 2020, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN 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 behal f of the Town of Fountain Hills.
EUTAwETMA BURKE N tary Publ'
Way NAN•S S of Mons
COUNTY
(Affix nota "4". r a
ExokesraUSt
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"FHCCA"
FOUNTAIN HILLS CULTURAL AND CIVIC ASSOCIATION, INC.,
a(n)Arizona nonprofit corporation
By: ja-7/-y---
Name: 62-4 j l ! �6
Title: � S 14 tiri---•
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
`O I 1"! 020, before me personally appeared
lon h IN , the e0( of FOUNTAIN HILLS CULTURAL AND
CIVIC ASSOG TION, INC., a(n) Arizona nonprofit corpo do whose identity was proven to
me on the basis of satisfactory evidence to be the p�(�,�oer) - of the nonprofit
corporation.
i DAWN WOODS OW\ n,
! 3 - Naery PubYC-Smle dadza�e `� V/ 1
1- r N MARICOPACOUNTY ✓V�//
�" My c0 1,2 Notary Public
1 �� October 31,2021
(Affix notary seal here)
4827-0333-3508 v.1
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