HomeMy WebLinkAboutC2022-048.2 - PlaySpace Designs1
Contract No. 2021-048.2
SECOND AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PLAYSPACE DESIGNS, 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 PlaySpace Designs, Inc., a Utah corporation
(the “Contractor”) in a Joint Venture with JP and Sons, Inc. and Shasta Industries, Inc.
RECITALS
A.After a competitive procurement process, the Mohave Educational Services
Cooperative, Inc., a non-profit political subdivision providing procurement services pursuant to
A.R.S. 11-592 and A.R.S. 41-2632, entered into Contract No. 19O-PSDJ-0221, dated February
21, 2020, (the “Mohave Contract”), with the Contractor for Playground, Splash Pad, Outdoor
Fitness, and Related Equipment. All of the capitalized terms not otherwise defined in this Second
Amendment have the same meanings as defined in the Contract.
B.The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated May 18, 2021, and amended via Amendment No. 1, dated May 3, 2022, based upon the
Mohave Contract (the “Agreement”), for the purchase of Playground, Splash Pad, Outdoor Fitness,
and Related Equipment. (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 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 aggregate amount not to
exceed $1,680,000, an increase of $415,000. The aggregate amount per renewal term shall not
exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed
2
amendment. All remaining terms and conditions of the Agreement shall remain in full force and
effect.
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
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:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Jan 4, 2023 09:40 MST)
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
PlaySpace Designs, Inc., a Utah corporation
Rebecca Selph (Dec 23, 2022 16:53 MST)
Rebecca Selph
Rebecca Selph
Vice President