HomeMy WebLinkAboutC2019-004.01 - Sunline Contracting LLC1
Contract No. 2019-04.01
FIRST AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SUNLINE CONTRACTING LLC
THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“First Amendment”) is entered into as of March 16, 2021, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and Sunline Contracting LLC , an Arizona
limited liability company (the “Contractor”).
RECITALS
A. After a competitive procurement process, City of Goodyear (the “City”) entered
into Contract No. CON 18-4140, with an effective date of April 9, 2018, (the “City Contract”),
for the Contractor to provide pavement marking and related services. All of the capitalized terms
not otherwise defined in this First Amendment have the same meanings as defined in the City
Contract.
B. The Town and the Contractor entered into a Cooperative Purchasing Agreement
June 19, 2018 based upon the City Contract, for the Contractor to provide the Town with
pavement marking and related services. (the “Services and Materials”).
C. The Town has determined that it is necessary for the Contractor to perform
additional services (the “Additional Services and Materials”), and the Town and the Contractor
desire to enter this First Amendment to provide for compensation to the Contractor for the
Additional Services and Materials.
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 increase the annual compensation to Contractor
by not more than $50,000.00, from $50,000 to $100,000.00, for the Additional Services and
Materials at the rates set forth in the City Contract and incorporated herein by reference,
resulting in an increase of the aggregate not-to-exceed compensation from $120,000.00 to
$320,000.00.
2
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 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.
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. 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. 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 17, 2021 13:25 PDT)
Grady E. Miller
Elizabeth A. Burke (Mar 17, 2021 13:38 PDT)
Elizabeth A. Burke
“Contractor”
____________________________________,
By:
Name:
Title:
Sunline Contracting, LLC
Dave Porter (Mar 17, 2021 11:54 PDT)
Managing Member
Dave Porter