HomeMy WebLinkAboutC2022-027.2 - Franklin Striping1
Contract No. 2022-027.2
SECOND AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FRANKLIN STRIPING, INC.
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 Franklin Striping, Inc., a(n) Arizona
corporation (the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Cooperative Purchasing Agreement, dated
September 10, 2021, based upon the Maricopa County Contract (the “Agreement”), for the
installation of paint stripes and markings (the “Materials and Services”). The terms of the
Agreement are incorporated herein.
B. The Town and the Contractor entered into that First Amendment, dated October 5,
2021, to correctly reflect the term start date.
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 i)
extend the term of the Agreement and ii)increase the compensation for 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
$100,000 per year for an aggregate amount not to exceed $450,000.
2. Term of Agreement. This Agreement shall be effective as of September 10, 2021 and
shall remain in full force and effect until January 31, 2023 unless terminated as otherwise provided in
this Agreement or the County Contract. After the expiration of the Initial Term, this Agreement may
be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the
best interests of the Town, subject to availability and appropriation of funds for renewal in each
2
subsequent year, (ii) the term of the County Contract has not expired or has been extended, (iii) at
least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in
writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the
additional one-year term in writing (including any price adjustments approved as part of the County
Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld
by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause
this Agreement to terminate at the end of the then-current term of this Agreement; provided,
however, that the Town may, at its discretion and with the agreement of the Contractor, elect to
waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are
collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this
Agreement shall remain in full force and effect.
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 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.
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 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 21, 2022 08:22 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Franklin Striping, Inc., a(n) Arizona corporation
Randy Franklin (Apr 20, 2022 10:43 PDT)
Randy Franklin
President
Randy Franklin