HomeMy WebLinkAboutC2021-002.1 - Sanderson Ford
Contract No. 2021-002.1
FIRST AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
DON SANDERSON FORD, INC.
D/B/A
SANDERSON FORD
THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“First Amendment”) is entered into as of June 1, 2021, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Don Sanderson Ford, Inc. D/B/A Sanderson
Ford, an Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, the State of Arizona (the “State”) entered
into Contract No. ADSPO17-166123, dated March 31, 2017, and as modified by all amendments
and change orders thereto (collectively, the “State Contract”), with the Contractor for the purchase
of new vehicles for the State of Arizona and participating eligible agencies. 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 July 1 , 2020 based upon the State Contract (the “Agreement”), for the purchase of new
vehicles (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
the compensation authorized by the Agreement for the Additional Materials and Services attached
hereto as Exhibit B and incorporated by this reference.
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 amount not to exceed
$44,511.70 for the Additional Materials and Services in Exhibit B-1, for an aggregate amount not
to exceed $69,637.71.
2. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly given
if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (C) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Don Sanderson Ford, Inc.
6400 N. 51st Ave.
Glendale, Arizona 85301
Attn: David Harris
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
3. 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.
4. 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.
5. 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.
6. 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]
EXHIBIT B-1
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
Don Sanderson Ford, Inc. D/B/A Sanderson Ford, an Arizona corporation
[Scope/Quote]
See 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:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth A. Klein (Jun 2, 2021 11:08 PDT)
Elizabeth A. Klein
“Contractor”
____________________________________,
By:
Name:
Title:
Don Sanderson Ford, Inc. D/B/A/ Sanderson Ford
DAVID HARRIS (May 17, 2021 08:28 PDT)
DAVID HARRIS
DAVID HARRIS
Government Sales Mgr.
Dave Harris (623) 930-5961 dharris@sandersonford.com
Richard Fowler (623) 930-5962 rfowler@sandersonford.com
Tim McWilliams (623) 842-8808 tmac@sandersonford.com
Date:
Customer:FAX:
Base Price:$32,568.00
Upgrade Options:
1.$1,816.00
2.$1,874.00
3.
4.
5.
6.$269.00
7.$518.00
8.$914.00
9.$992.00
10.$251.00
11.$178.00
12.included in 301A
13.included in Contract
14.included in Contract
15.$375.00
16.$405.00
17.$860.00
Upgrade Options Total:$8,452.00
Bid Price (w/options):$41,020.00
Sales Tax (8.5%):$3,486.70
Tire Tax:$5.00
Ford Extended Service Plan:
Total Delivered Price:$44,511.70
FX4 Off Road Pkg (55A)
3.73 E-lock (XL6)
Remote Start System (59R)
LT265/70R18C tire upgrade (T8C)
17" Silver Painted Alum Wheels,Chrome Bumps
8 way Power Drivers Seat (included 301A)
Trailer Tow Pkg (53A)
Trailer Brake Controller (67T)
Government Fleet Sales Managers
Lamps, Full Carpet w/Mats,Power Windows &
Locks,Cruise Control, Heated Power Mirrors
Department Fax: (623) 930-5966
2021 Ford F150 XLT Supercrew 4x4 Short Box (5.5') Race Red (W1E)
*****##### State of Arizona Procurement Contract ADSPO17-166123
Extended Range Fuel Tank (655)
XLT Chrome Pkg (86B)
Town of Fountain Hills
4/20/2021
301A XLT pkg includes Co-Pilot 360 2.0, Fog
5.0L V8
Vehicle Description:
Spray Bed Liner (Dealer)
4 keys total (Dealer)
AZ Legal Window Tint (Dealer)
EXHIBIT B-1