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HomeMy WebLinkAboutC2022-036.1 - Matlcik Ent dba United Fire Equip Co.1 Contract No. 2022-036.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MATLICK ENTERPRISES, INC. D/B/A UNITED FIRE EQUIPMENT COMPANY THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Matlick Enterprises, Inc., d/b/a United Fire Equipment Company, a(n) Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the State of Arizona entered into Contract No. CTR050476, dated July 1, 2020, (the “State Contract”), with the Contractor for the provision of emergency response, firefighting and safety equipment and supplies. 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 February 6, 2018, based upon the State Contract (the “Agreement”), for the purchase emergency response, firefighting and safety equipment and supplies. (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (Exhibit B-1) (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. 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 $105,243.30 (including all renewals) for the Materials and Services. 2 2. Exhibit B-1 attached hereto is incorporated by this reference. 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] 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 (Mar 2, 2022 14:20 MST) “Contractor” ____________________________________, By: Name: Title: Matlick Enterprises, Inc., d/b/a United Fire Equipment Company, a(n) Arizona corporation Robert Begany (Feb 10, 2022 13:30 MST) Robert Begany Tucson Branch Manager Robert Begany EXHIBIT B-1 TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MATLICK ENTERPRISES, INC. D/B/A UNITED FIRE EQUIPMENT COMPANY [Quote] See following pages.