HomeMy WebLinkAboutC2022-019.1 - FH Veternans Memorial, Inc.1
Contract No. 2022-019.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS VETERAN’S MEMORIAL, INC. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into as of July 1, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Fountain Hills Veteran’s Memorial, Inc., a(n) Arizona registered 501(c)(3) non- profit corporation (the “Veteran’s Memorial”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement,
dated August 5, 2021 (the "Agreement") for the Consultant to provide upkeep and maintenance
of Veterans Memorial at Fountain Park to include: all grounds and associated landscaping, plaques, cannon, and all items on the Veterans Memorial premises (the "Services"). The Original Agreement and the Amendments 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) modify
the payment provision and (ii) 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. Compensation. The Town shall pay the Consultant an amount not to exceed $3,500 for the Additional Services.
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2. Payments. The Town shall pay the Consultant a lump sum of $3,500 within thirty (30) days after execution of this Agreement. 3. 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. 4. 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. 5. 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” of goods and services from
Israel as that term is defined in A.R.S. § 35-393, et seq.
6. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to A.R.S. § 38-511.
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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
Grady E. Miller, Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
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Aaron Arnson (Jun 27, 2022 20:55 PDT)
Linda Mendenhall (Jun 28, 2022 07:14 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Fountain Hills Veteran’s Memorial, Inc., a(n) Arizona registered 501(c)(3) non- profit corporation
Samuel D Coffee (Jun 23, 2022 14:48 CDT)
Samuel D Coffee
President