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HomeMy WebLinkAboutC2020-066.1 - Runbeck Election Services, Inc. Contract No. 2020-066.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RUNBECK ELECTION SERVICES, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of August 17, 2020 between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Runbeck Election Services, Inc., an Arizona corporation (the "Contractor"). RECITALS A. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated February 15, 2020, based upon the Contractor's contract with Maricopa County, Arizona (the "Agreement"), for the Contractor to provide the Town with election ballot preparation and printing services (the "Materials and Services"). C. The Town has determined that additional Services and Materials (the "Additional Services and Materials") 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 Services and Materials and to extend the term of the Agreement. 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 increase the compensation to Contractor by not more than $22,000.00 for the Additional Services and Materials at the rates set forth in the underlying contract and incorporated herein by reference, resulting in an increase of the aggregate not-to-exceed compensation from $12,000.00 to $34,000.00. 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. 1 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] 2 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. M. er,T wn Manager ATTEST: lizabeth A. r e,Town Clerk APPROVED AS TO FORM: Aaron D.Arnson, Town Attorne Y (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On /0 7 , 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ; ..; EUZABETHA.BURKE 'li l C! SAAkz,- Notaryu mK.OP cc:fuNrizonTY a P b 4 i Cor►mbabn 0 563547 (Affix • .• cal - kw*16,2ozz [SIGNATURES CONTINUE ON FOLLOWING PAGE] 3 "Contractor' RUNBECK ELECTION SERVICES, INC., a(n)Arizona corporation By: Name: R12 -o.vi ri C c, c Title: U c-e e r eS; cLt ri i- O F Sae ' (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On SO AOQ�' , 2020, before me personally appeared 7Ge rt t'1 , the V' of RUNBECK ELECTION SERVICES, INC., a(n) Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. Notary Public (Affix notary seal here) ROW MADRIL Nota Public;Arizona Mryaricopa County �y �€ Commission k 572127 4830-3651-2712 v.1 •,,,=• My Comm.Expires Oct 18,2023 4