HomeMy WebLinkAboutC2022-091.1 - Shade N Net of Az1
Contract No. 2022-091.1
FIRST AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHADE N NET OF ARIZONA, INC.
THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“First Amendment”) is entered into as of August 22, 2022, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and Shade N Net of Arizona, Inc., a(n) Arizona
corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, the Mohave Educational Services entered
into Contract No. 20Q-SHADE-0402, dated April 2, 2021, (the “Mohave Contract”), with the
Contractor for Pre-Engineered Shade Structures and Related Services. 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 May 16, 2022, based upon the Mohave Contract (the “Agreement”), for Pre-Engineered
Shade Structures (the “Materials and Services”). The terms of the Agreement are incorporated
herein.
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 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 $500,000 which is an increase of $450,000 from the original $50,000.
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.
2
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:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Aug 24, 2022 09:56 PDT)
Linda Mendenhall (Aug 24, 2022 10:45 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Shade N Net of Arizona, Inc., a(n) Arizona corporation
rudy martinez (Aug 18, 2022 17:03 PDT)
Rudy Martinez
President