The URL can be used to link to this page

Home My WebLink AboutC2019-028.1 - Playcore Wisconsin, INC Contract No. 2019-028.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PLAYCORE WISCONSIN,INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of March 3, 2020,between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and PlayCore Wisconsin, Inc., a Wisconsin Corporation, d/b/a GameTime(the"Contractor"). RECITALS A. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated October 16, 2018, based upon the Contractor's contract with the City of Charlotte, a North Carolina municipal corporation (the "Agreement"), for the Contractor to provide the Town playground equipment, outdoor fitness equipment, surfacing, and related accessories (the "Materials and Services"). C. The Town has determined that additional Services and Materials (the "Additional Services and Materials") are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Services and Materials and to extend the term of the Agreement. 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. Term. The term of this Agreement is extended until June 30, 2021. 2. Scope of Work. The Contractor shall provide the Additional Materials and Services as set forth in Exhibit A hereto. 3. Compensation. The Town shall increase the compensation to Contractor by not more than $16,000.00 for the Additional Services and Materials at the rates set forth in the underlying contract and incorporated herein by reference,resulting in an increase of the aggregate not-to-exceed compensation from$100,000.00 to $116,000.00. 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 First 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 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. 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 First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 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. Mill , o Manager ATTEST: El zabeth ke, Town Clerk APPRO D AS TO FORM: 2_ Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) OnH1 ' , 2020, before me personallyappeared GradyE. Miller, the � 1 �� pP 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. "ei, JAMIE SALENTINE (eq, NotaryPublic-Stateof ArizonaMARICOPACOUNTYLary Public Commission#550103b Expires July 11,2022 (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Contractor" PLAYCORE WISCONSIN, INC. D/B/A GAMETIME a(n)Wisconsin corporation By: -___— Name: Clint Whiteside Title: Sales Administration Project Manager (ACKNOWLEDGMENT) STATE OF ARIZONA ) Tennessee ) ss. COUNTY OF MARICOPA ) Hamilton On February 5th , 2020, before me personally appeared Clint Whiteside ,the Sales Administration Project Manager of PLAYCORE WISCONSIN,INC. D/B/A GAMETIME, a(n) Wisconsin corporation, 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 corporation. PAAa. Notary Public: Jesse Hall (Affix notary seal here) ..`'1SE tH''�� STATE 4827-2106-5139 v.1 - OF • = TENNESSEE NOTARY y '. PUBLIC �. TON C° 0% My commission expires 10-23-2023 EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PLAYCORE WISCONSIN, INC. [Contractor's Proposal] 01/27/2020 (GameTime) Quote#100255-01-01 8700 E Vista Bonita Dr.Ste 188 Scottsdale,AZ 85255 PLAYCORE comp, www.triplemrec.com 800-235-2440 TOWN OF FOUNTAIN HILLS TOWN OF FOUNTAIN HILLS Ship to Zip 85268 Attn:KEVIN SNIPES 16705 E AVE OF THE FOUNTAIN FOUNTAIN HILLS,AZ 85268 Phone:602-722-7993 ksnipes@fh.az.gov Quantity Part# Description Unit Price Amount 1 160674 GameTime-Punched 3 Step 43 1/8" $936.00 $936.00 2 165767 GameTime-4'Handrail 111 1/2"Lg $634.00 $1,268.00 2 165803 GameTime-Attachment Rail 38 5/16" $183.00 $366.00 1 160662 GameTime-Upright Assy 43 5/16"Lg $239.00 $239.00 1 160645 GameTime-Punched Platform 25 1/2" $776.00 $776.00 1 165837 GameTime-Handhold Assy 72 1/4"Lg $225.00 $225.00 1 160693 GameTime-Punched Step Platform $561.00 $561.00 1 160704 GameTime-Upright Assy 35 5/16"Lg $196.00 $196.00 1 167524 GameTime-Hdw-4'Transfer Platform $75.00 $75.00 1 INSTALL GameTime-EQUIPMENT INSTALLATION (INCLUDES DEMO/DISPOSE EXISTING DRAGON) $2,895.00 $2,895.00 Contract:OMNIA Sub Total $7,537.00 Discount ($1,114.08) Freight $756.84 Tax $590.91 Total $7,770.67 THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS.OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED,AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF$1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAYCORE WISCONSIN, INC dba GAMETIME Pricing:f.o.b.factory.Pricing Firm for 30 Days from the day of this quotation. Payment terms:net 30 days for tax supported governmental agencies.A 1.5%per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Payment terms:payment in full,check submitted with order. Shipment:Standard playground, Furnishings order shall ship within 3-4 weeks,Shades and Shelters 6-12 weeks,Surfacing 1-2 weeks after GameTime's receipt and acceptance of your purchase order,color selections,approved submittals,and receipt of deposit,if required. Freight charges:Allowed&prepaid Installation:shall be by a Certified GameTime Installer.Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. PURCHASER SHALL ABSORB ALL COSTS INCURRED FROM UNKOWN SOIL CONDITIONS SUCH AS ROCK REMOVAL,POOR DIGGING CONDITIONS(BEDROCK),OR POOR SOIL BEARING CAPACITY,INCLUDING BUT NOT LIMITED TO JACKHAMMER,BACKHOE OR BULLDOZER,SONOTUBES(PLUS DELIVERY,OPERATOR AND INSTALLATION IF REQUIRED) US.COMMUNITIES- %'I:N NMI:NT 1'UkCHAS1N4 ALLIANCE Page 1 of 2 2017001134 01/27/2020 GairrmeTirrme Quote#100255-01-01 8700 E Vista Bonita Dr.Ste 188 Scottsdale,AZ 85255 A PLAYCORE Cnervai„ www.triplemrec.com 800-235-2440 TOWN OF FOUNTAIN HILLS Exclusions: unless specifically included,this quotation excludes all bonds,prevailing wages,site work and landscaping; removal of existing equipment;acceptance of equipment and off-loading;storage of goods prior to installation;equipment assembly and installation;safety surfacing; borders and drainage provisions. BILL TO CUSTOMER: SHIP TO CUSTOMER: PHONE NUMBER: PHONE NUMBER: FAX NUMBER: FAX NUMBER: EMAIL FOR ORDER ACKNOWLEDGEMENT: COLORS: (PALETTE) UPRIGHTS: DECKS: ACCENTS: ARCHES: PLASTIC: METAL ROOFS: ROCK PLASTIC: GRIPS: ROOFS: TUBES: HDPE: 2 HDPE: SWINGS: Sales Associate's Signature Customer's Signature Date U.S.COMMUNITIES- :,i'.HSNIENT PURCHASING ALLIANCE Page 2 of 2 2017001134 ui I i na •� .€ os` 7ci o1 om N. =`�" :_ q __::, $ „mow:," I. 11,71wri, it t-s` o ►�.�� a Aa ro i a — ' v: u a i w ;i_I A aila 310 Y �� • s — iI al • 61, o —' oa -II i y 3 il a — 1.4 ji -2 1 Vl »F 1:011 8. x olot y>ele/Rel9 5147. i� au6etlu.e4J ' '5 e,4�-' I 0 .. f3 eu6etlwe4] ;.- •W v" 1110 a6I!S CI 1111 a al!4M/tl>el9 ® 1464.el$ .111 VI liMi al MO ® uea0/aBlaB 11.1112 �pp, ® x 4. ueo.D 74611 UM . I ® afilag/uae.e ® ueal96ul,dsI= 1 0 fie I g'ii 5z 444.0 n E an16 4440 MI a5,0,4/455,o 0 745,1 d9 ® _ uea.0 l.dg 6u a ® a. n anlg a114M/ua0 6upd$ MOaQ 11 N 2 snit/R>15 a � anI6 R>75 MN a r ° '° x y S a ® aIMuIMPad 0 tl.n Ro 11=' t ital)fu1MlJad I d le tl e6 eB an 6 W W 9 C 0 v ® M y 'a a d.n d IeRod v elmnd I0R°a MI WM i 'a 11= a! Rpun6ne 4 1111 a 0714M/an10 R11S t Y PM ald.nd>ul>ald .� •• •o'.'.. .''o• a6utuo Ell OM - MO �.1 4>lo>s.alln0 �pyV.��I 8114M/Patl a ME •'9 •> E pR _... MOti pl MI 111111111. E .,,,... .. ....•4.... .'al.....• z 6 b` A Y.~ 1 0 oy • of 1 w om u n --/ Y3 n 2 �e,, g a 0? - 0 A �� 1.4 4 5 la •.. i, N m _+ i, "Nli , €j ''yy gg o i of n AL os tt cm _'.- q g. ro gd (d Fa N VI _r f al