HomeMy WebLinkAboutC2022-037.1 - Elite Civil Construction1
Contract No. 2022-037.1
FIRST AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ELITE CIVIL CONSTRUCTION, LLC
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 Elite Civil Construction, LLC, a(n) Arizona
limited liability company (the “Contractor”).
RECITALS
A. After a competitive procurement process, the City of Tucson entered into Contract
No. 202275-01, dated October 30, 2019, (the “City Contract”), with the Contractor for Guardrail
and Related Products and 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 October 11, 2021, based upon the City Contract (the “Agreement”), for the provision of
Guardrail and Related Products and 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 First Amendment to increase
funds to compensate the Contractor for services needed.
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 Vendor an aggregate amount not to exceed
$250,000 (including all renewals) for the Materials and Services. All remaining
terms and conditions of the Agreement shall remain in full force and effect.
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 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 (Mar 8, 2023 12:35 MST)
Aaron Arnson
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Elite Civil Construction, LLC, a(n) Arizona limited liability company
Jesus Jaramillo
President