HomeMy WebLinkAboutC2022-064.4 EMCOR dba Mesa Energy - signed1
Contract No. 2022-062.4
FOURTH AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MESA ENERGY SYSTEMS
D/B/A
EMCOR SERVICES OF ARIZONA
THIS FOURTH AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“Fourth Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Mesa Energy Systems d/b/a EMCOR Services of
Arizona., a(n) Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, the State of Arizona entered into
Contract No. CTR049764, dated May 20, 2020, (the “State Contract”), with the Contractor for
the provision of HVAC Maintenance, Repair, and Emergency Services. All of the capitalized
terms not otherwise defined in this Fourth Amendment have the same meanings as defined in the
Contract.
B. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated March 31, 2022, (and as Amended via Amendment No. 1, dated May 20, 2022; via
Amendment No. 2, dated August 1, 2022; and via Amendment No. 3, dated April 10, 2023) based
upon the State Contract (the “Agreement”), for HVAC Maintenance, Repair, and Emergency
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 Fourth 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 $355,000, which increases the not to exceed amount by $255,000. The annual amount per
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term shall not exceed $85,000. 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 Fourth 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 Fourth 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 Fourth 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. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees
and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor
will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any
goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor
also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents
from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action.
6. Conflict of Interest. This Fourth Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Rachael Goodwin, Interim Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Don Griffin (Sep 20, 2023 05:55 PDT)
Don Griffin
Don Griffin
VP GM
Rachael Goodwin (Sep 20, 2023 12:54 PDT)
Rachael Goodwin