HomeMy WebLinkAboutC2022-036.1 - Matlcik Ent dba United Fire Equip Co.1
Contract No. 2022-036.1
FIRST AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MATLICK ENTERPRISES, INC.
D/B/A
UNITED FIRE EQUIPMENT COMPANY
THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Matlick Enterprises, Inc., d/b/a United Fire
Equipment Company, a(n) Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, the State of Arizona entered into Contract
No. CTR050476, dated July 1, 2020, (the “State Contract”), with the Contractor for the provision
of emergency response, firefighting and safety equipment and supplies. All of the capitalized
terms not otherwise defined in this First Amendment have the same meanings as defined in the
Contract.
B. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated February 6, 2018, based upon the State Contract (the “Agreement”), for the purchase
emergency response, firefighting and safety equipment and supplies. (the “Materials and
Services”). The terms of the Agreement are incorporated herein.
C. The Town has determined that additional Materials and Services (Exhibit B-1) (the
“Additional Materials and Services”) 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 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 $105,243.30 (including all renewals) for the Materials and Services.
2
2. Exhibit B-1 attached hereto is incorporated by this reference.
3. 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.
4. 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.
5. 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.
6. 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. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Mar 2, 2022 14:20 MST)
“Contractor”
____________________________________,
By:
Name:
Title:
Matlick Enterprises, Inc., d/b/a United Fire Equipment Company, a(n) Arizona corporation
Robert Begany (Feb 10, 2022 13:30 MST)
Robert Begany
Tucson Branch Manager
Robert Begany
EXHIBIT B-1
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MATLICK ENTERPRISES, INC.
D/B/A
UNITED FIRE EQUIPMENT COMPANY
[Quote]
See following pages.