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Contract No. 2020-065.2
SECOND AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R. TANNER DEVELOPMENT & CONSTRUCTION, LLC
THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT
(this “Second Amendment”) is entered into upon execution, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and M.R. Tanner Development & Construction,
LLC, a(n) Arizona limited liability company (the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated February 18, 2020, (the “Agreement”), for Street Maintenance and Repair Services (the
“Materials and Services”). The terms of the Agreement are incorporated herein.
B. The Town and the Contractor entered into that First Amendment, dated September
2, 2020, for additional materials and services.
C. The Town has determined that additional Materials and Services (the “Additional
Materials and Services”) 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 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 amount not to exceed
$1,000,000 for an aggregate amount not to exceed $7,050,000.
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 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
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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.
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 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. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Apr 13, 2022 14:34 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
M.R. Tanner Development & Construction, LLC, a(n) Arizona limited liability company
Vice President
josh skinner