HomeMy WebLinkAboutC2022-027.1 - Franking Striping1
Contract No. 2022-027.1
FIRST AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FRANKLIN STRIPING, INC.
THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“First Amendment”) is entered into as of October 5, 2021 between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Franklin Striping, Inc., a(n) Arizona corporation
(the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated September 10, 2022, based upon the Maricopa County Contract (the “Agreement”), for the
installation of paint stripes and markings (the “Materials and Services”). The terms of the
Agreement are incorporated herein.
B. The Town and the Contractor desire to enter into this First Amendment to correct
the term start date to September 10, 2021.
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. Term of Agreement. This Agreement shall be effective as of September
10, 2021 and shall remain in full force and effect until September 9, 2022 (the “Initial Term”),
unless terminated as otherwise provided in this Agreement or the County Contract. After the
expiration of the Initial Term, this Agreement may be renewed for up to four successive one-
year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to
availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the
County Contract has not expired or has been extended, (iii) at least 30 days prior to the end of
the then-current term of this Agreement, the Contractor requests, in writing, to extend this
Agreement for an additional one-year term and (iv) the Town approves the additional one-year
term in writing (including any price adjustments approved as part of the County Contract), as
evidenced by the Town Manager’s signature thereon, which approval may be withheld by the
Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause
this Agreement to terminate at the end of the then-current term of this Agreement; provided,
however, that the Town may, at its discretion and with the agreement of the Contractor, elect to
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waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s)
are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this
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 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:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Oct 6, 2021 14:56 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Franklin Striping, Inc., a(n) Arizona corporation
Randy Franklin (Oct 5, 2021 10:46 PDT)
Randy Franklin
President
Randy Franklin