HomeMy WebLinkAboutC2020-065.3 - M.R. Tanner Dev and Const1
Contract No. 2020-065.3
THIRD AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R. TANNER DEVELOPMENT & CONSTRUCTION, LLC
THIS THIRD AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“Third Amendment”) is entered into as of September 6, 2022, 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. After a competitive procurement process, the City of Chandler (the “City”) entered
into Contract No. PW0-745-4123 (the “City Contract”), dated January 15, 2020, with the
Contractor for Street Maintenance and Repair Services. All of the capitalized terms not otherwise
defined in this Third Amendment have the same meanings as defined in the Contract.
B. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated February 18, 2020, (amended via Amendment No. 1, dated September 2, 2020 and amended
via Amendment No. 2, dated April 13, 2022) based upon the City Contract (the “Agreement”), for
Street Maintenance and Repair Services (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 Third 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 $9,550,000 for an increase of $2,500,000.
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 Third 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 Third 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
Third 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 Third 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 (Sep 7, 2022 13:22 PDT)
Linda Mendenhall (Sep 7, 2022 14:20 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
M.R. Tanner Development & Construction, LLC, a(n) Arizona limited liability company (
Josh Skinner
Vice President