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Contract No. 2020-065.4
FOURTH AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC.
THIS FOURTH AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT
(this “Fourth Amendment”) is entered into upon execution, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and M.R. Tanner Development and Construction,
Inc., a(n) Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, the City of Chandler entered into
Contract No. PW0-745-4123, dated January 15, 2020, (the “City Contract”), with the Contractor
for Street Maintenance and Repair Services. All of the capitalized terms not otherwise defined in
this Fourth Amendment have the same meanings as defined in the Contract.
B. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated February 18,2020 (and amended via Amendment No. 1, dated September 2, 2020; via
Amendment No.2, dated April 13, 2022; via Amendment No. 3, dated September 6, 2022), based
upon the City Contract (the “Agreement”), for Street Maintenance and Repair Services (the
“Materials and Services”). The terms of the Agreement are incorporated herein.
C. The Town has determined that additional Materials and Services (the “Additional
Materials and Services”) are necessary.
D. The Town and the Contractor desire to enter into this Fourth Amendment to
increase the compensation authorized by the Agreement for the Additional Materials and 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. Compensation. The Town shall pay the Contractor an aggregate amount not to
exceed $14,550,000 (including all renewals) for the Additional Materials and
Services, which is an increase of $5,000,000.
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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 Fourth 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 Fourth 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 Fourth Amendment are forever waived.
4. 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.
5. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees
and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor
will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any
goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor
also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents
from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action.
6. Conflict of Interest. This Fourth 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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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
____________________________________
Rachael Goodwin, Interim Town Manager
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE CONTRACTOR:
__________________________
By: _______________________
Name:_____________________
Title: ______________________
M.R. Tanner Development and Construction, Inc., a(n) Arizona corporation
Vice President
josh skinner
Rachael Goodwin (Jul 6, 2023 11:52 CDT)
Rachael Goodwin