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Home My WebLink AboutC2019-028.2 - 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) 2021-03-02 - 3:45:50 PM GMT- IP address: 69.53.213.227 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 2021-03-02 - 5:31:03 PM GMT 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