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Home My WebLink AboutC2020-008.A9 - Arizona Business Advisors, LLC Contract No. 2020-008 NINTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ARIZONA BUSINESS ADVISORS,LLC THIS NINTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Ninth Amendment") is entered into as of July 1, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Arizona Business Advisors, LLC, an Arizona limited liability company(the "Contractor"). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement, dated August 16, 2012 (the "Original Agreement"), as amended by that First Amendment, dated June 20, 2013 (the "First Amendment"), by that Second Amendment, dated September 19, 2013 (the "Second Amendment"), by that Third Amendment, dated June 19, 2014 (the "Third Amendment"), by that Fourth Amendment, dated August 3, 2015 (the "Fourth Amendment"), by that Fifth Amendment, dated June 16, 2016 (the "Fifth Amendment"), by that Sixth Amendment, dated May 24, 2017 (the "Sixth Amendment"), by that Seventh Amendment, dated July 1, 2018 (the "Seventh Amendment"), and by that Eighth Amendment, dated July 1, 2019, for the Contractor to provide the Town with various support resources, services, and networks geared toward successful development of entrepreneurial businesses (the "Services"). The Original Agreement and First through Eighth Amendments are collectively referred to herein as the "Agreement."All capitalized terms not otherwise defined in this Ninth Amendment have the same meanings as contained in the Agreement. B. The Town has determined that additional Services from the Contractor are necessary(the"Additional Services"). C. The Town and the Contractor desire to enter this Ninth Amendment to (i) extend the Term of the Agreement, (ii)modify the payment provision, and (iii)provide for compensation for the Contractor 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 Contractor hereby agree as follows: 1 1. Term of Agreement. The term of the Agreement is hereby extended until June 30, 2021, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Compensation. The Town shall pay the Contractor an annual amount not to exceed $10,000.00 for the Additional Services. 3. Payments. The Town shall pay the Consultant in two draws, as follows: (i) a lump sum of$5,000.00 within thirty(30) days after execution of this Agreement(covering the first half of the extended term) and(ii)a lump sum of$5,000.00 after January 1,2021 (covering the second half of the extended term). Prior to receiving either lump sum payment, Consultant shall submit for Town approval a six-month budget for the Additional Services. 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 Ninth Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Ninth 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 Ninth Amendment are forever waived. 6. Israel. Contractor 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 Ninth Amendment and the Agreement may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2 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 • 12:),..A•Gezett Z . Grady E. Miller, o Manager ATTEST: e .61gria/eu,44, E izabeth . urke, Town Clerk APPROVED AS TO FORM: 6111r on D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 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 behalf of the Town of Fountain Hills. — otary is a� .. L Z �,t 'I' o a rtiemorPgjiggrami [SIGNATURES CONTINUE ON FOLLOWING PAGE] 3 "Contractor" ARIZONA BUSINESS ADVISORS, LLC, a(n)Arizona limited liability company By: Name: nil G/I4EZ L I-Y Title: 4---/e-r/Vi (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On 4,A IA ,t 5- ,/\2020, before me personally appeared I Chat L L C C r , the of ARIZONA BUSINESS ADVISORS, LLC, On) Arizona limited liability company, 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 limited liability company. +},, NANCY J.KNOX =' ''' ►o*ay R uc•6tale ogMzona Notary blic r / F,+ ~ MARICOR COUNTY - Commission i 671442 4837-6386-8865 v.1 4 rizoualusinessAdvisors-3Ju Town of Fountain Hills PO Box 18703, Fountain Hills, 85269 16705 E Ave of the Fountains Fountain Hills, AZ 85268 March 26th, 2020 Request for Continued Funding under the Professional Services Agreement between the Town of Fountain Hills and Arizona Business Advisors LLC, for the fiscal year 2020/2021 1. Executive Summary It's necessary to provide a brief summary of what has happened since this project started in early 2018. • The first year was spent in developing direction and plans that were best suited to the needs of Fountain Hills; it was decided after considerable market analysis and business surveys, that the initial focus should be on the approx. 500 home- based business based in Fountain Hills-the offering would be shared workspace and business support • There were several business that wanted to sign up, but we were unable to overcome the barriers that the EVIT procedures required, such as payment of insurance and trips to Mesa to sign up and get keys. • Resolving these issues was hampered by the major organizational changes that EVIT went through, that have lasted, almost until the present day. • We resolved the issues in late 2019/ early 2020 by developing a membership approach, offering adult education, and relaunched the program in February 2020. 2. The Path Forward • Again, there was initial interest in the program, which has now been put on hold because of the Covid-19 Pandemic. • We don't know when we'll get back to business, nor, what the effect of this will be on the businesses themselves. Wage ■ We do believe however, that the need for business support will be even greater than prior to the Pandemic and that we are uniquely placed to rapidly offer that support when needed. ■ The elements that EVITBA brings are ideally suited to a recovering economy: - Shared space and a feeling of community - Business networking and workshops that help the recovery - Individual business support as needed - Help from the students for those who need it ■ It is impossible to set goals for any results until we better understand the outcome of the Pandemic, ■ Our suggestion is that $20,000.00 be included in the budget and that we develop a more precise forecast of goals and results when the pandemic is overcome. Submitted By: Arizona Business Advisors LLC Mike Tyler, Partner Wage