2024-051.1_T&T

Town of Fountain Hills — Town Council (2026-02-17)

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Contract No. 2022-051.1 
 
FIRST AMENDMENT 
TO 
PROFESSIONAL SERVICES AGREEMENT 
BETWEEN 
THE TOWN OF FOUNTAIN HILLS 
AND 
T & T CONSTRUCTION, INC. 
 
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this 
“First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an 
Arizona municipal corporation (the “Town”) and T & T Construction, Inc., an Arizona corporation 
(the “Vendor”). 
 
RECITALS 
 
A. 
The Town and the Vendor entered into a Professional Services Agreement (the 
“Agreement”), dated May 20, 2024, for the Consultant to provide “On Call Storm Clean Up” (the 
“Services”).  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 it is necessary to increase funds on the Agreement 
with the Vendor for Services. 
 
C. 
The Town and the Vendor desire to enter this First Amendment to amend the 
Agreement to provide compensation to the Consultant for the 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 Vendor hereby agree as follows: 
 
 
1. 
Compensation.  The Town shall pay Vendor an amount not to exceed $150,000 per 
Term for the Services.  
 
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.  
 
3. 
Non-Default. By executing this First Amendment, the Vendor 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

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claims, known and unknown, relating to the Agreement and existing on or before the date of this 
First Amendment are forever waived. 
 
4. 
Conflict of Interest.  This First Amendment and the Agreement may be cancelled 
by the Town pursuant to Ariz. Rev. Stat. § 38-511. 
 
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