HomeMy WebLinkAboutC2019-028.2 - Playcore Wisconsin / GameTime1
Contract No. 2019-028.2
SECOND AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PLAYCORE WISCONSIN, INC.
THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT
(this “Second Amendment”) is entered into as of February 16, 2021, 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 Second 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, 2022.
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 $60,000.00 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 $116,000.00 to $176,000.00.
2
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 Second 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 Second 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 Second 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 Second 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. Miller, Town Manager
ATTEST:
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Grady E. Miller (Mar 2, 2021 10:31 MST)
Grady E. Miller
Elizabeth A. Burke (Mar 2, 2021 10:49 MST)
Elizabeth A. Burke
“Contractor”
____________________________________,
By:
Name:
Title:
PlayCore Wisconsin, Inc., d/b/a GameTime
Manager of Sales Operations
Clint Whiteside
EXHIBIT A
TO
SECOND AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PLAYCORE WISCONSIN, INC., D/B/A GAMETIME
[Work Orders]
See following pages (to be attached subsequent to execution).
Town of Fountain Hills Contract 2019-028.2
Final Audit Report 2021-03-02
Created:2021-02-22
By:Patti Lopuszanski (plopuszanski@fh.az.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAAf7mUPK5R2v28ojIzXU99ywdn6rucoKU
"Town of Fountain Hills Contract 2019-028.2" History
Document created by Patti Lopuszanski (plopuszanski@fh.az.gov)
2021-02-22 - 10:15:54 PM GMT- IP address: 184.178.192.162
Document emailed to Clint Whiteside (clint.whiteside@gametime.com) for signature
2021-02-22 - 10:16:43 PM GMT
Email viewed by Clint Whiteside (clint.whiteside@gametime.com)
2021-02-22 - 10:17:00 PM GMT- IP address: 104.129.206.162
Document e-signed by Clint Whiteside (clint.whiteside@gametime.com)
Signature Date: 2021-02-22 - 10:17:23 PM GMT - Time Source: server- IP address: 104.129.206.162
Document emailed to Patti Lopuszanski (plopuszanski@fh.az.gov) for approval
2021-02-22 - 10:17:25 PM GMT
Email viewed by Patti Lopuszanski (plopuszanski@fh.az.gov)
2021-02-22 - 11:26:41 PM GMT- IP address: 184.178.192.162
Document approved by Patti Lopuszanski (plopuszanski@fh.az.gov)
Approval Date: 2021-02-23 - 3:01:15 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to David J. Pock (dpock@fh.az.gov) for approval
2021-02-23 - 3:01:19 PM GMT
Email viewed by David J. Pock (dpock@fh.az.gov)
2021-02-23 - 3:05:20 PM GMT- IP address: 184.178.192.162
Document approved by David J. Pock (dpock@fh.az.gov)
Approval Date: 2021-02-23 - 3:05:39 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature
2021-02-23 - 3:05:40 PM GMT
Email viewed by Aaron Arnson (aaron@piercecoleman.com)
2021-02-23 - 4:11:28 PM GMT- IP address: 66.249.80.209
Email viewed by Aaron Arnson (aaron@piercecoleman.com)
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Aaron Arnson (aaron@piercecoleman.com) verified identity with Adobe Sign authentication
2021-03-02 - 3:57:18 PM GMT
Document e-signed by Aaron Arnson (aaron@piercecoleman.com)
Signature Date: 2021-03-02 - 3:57:18 PM GMT - Time Source: server- IP address: 69.53.213.227
Document emailed to Grady E. Miller (gmiller@fh.az.gov) for signature
2021-03-02 - 3:57:20 PM GMT
Email viewed by Grady E. Miller (gmiller@fh.az.gov)
2021-03-02 - 4:07:40 PM GMT- IP address: 184.178.192.162
Grady E. Miller (gmiller@fh.az.gov) verified identity with Adobe Sign authentication
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Document e-signed by Grady E. Miller (gmiller@fh.az.gov)
Signature Date: 2021-03-02 - 5:31:03 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to Elizabeth A. Burke (eburke@fh.az.gov) for signature
2021-03-02 - 5:31:04 PM GMT
Email viewed by Elizabeth A. Burke (eburke@fh.az.gov)
2021-03-02 - 5:47:36 PM GMT- IP address: 184.178.192.162
Elizabeth A. Burke (eburke@fh.az.gov) verified identity with Adobe Sign authentication
2021-03-02 - 5:49:29 PM GMT
Document e-signed by Elizabeth A. Burke (eburke@fh.az.gov)
Signature Date: 2021-03-02 - 5:49:29 PM GMT - Time Source: server- IP address: 184.178.192.162
Agreement completed.
2021-03-02 - 5:49:29 PM GMT