STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SIXTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS SIXTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Sixteenth Amendment”) is made and entered into this ____
ϮϮͺ______ of __ :ĂŶƵĂƌLJͺ_______ 202ϱ͕ by and between Playcore Wisconsin, Inc., dba GameTime an Alabama corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and th e Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company ag reed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018, to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018, to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018, to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2 019, to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019, to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2 020, to incorporate unit price adjustments and freight rate adjustments.
H. The parties amended the Contract on January 1, 2021, to incorporate new products, unit price adjustments, and freight rate adjustments.
I. The parties amended the Contr act on March 16, 2021, to incorporate a material surcharge.
J. The parties amended the Contr act on May 17, 2021, to incorporate a material surcharge.
K. The parties amended the Contract on July 14, 2021, to incorporate a material surcharge.
L. The parties amended the Contract on December 1, 2021, to add new Products and Services and to incorporate the 2022 Master Price List and Freight Rate Schedule.
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
1 Attachment B
M. The parties amended the Contract on July 1, 2022, to extend the Term of the Contract by the first of two (2) two-year renewal terms and to incorporate certain other changes.
N. The parties amended the Contract on December 5, 2022, to add new Products and Services and to incorporate the 2023 Master Price List and Freight Rate Schedule, the 2022 Network of Distributors, and incorporate certain other changes.
O. The parties amended the Contract to extend the Term of the Contract by the second of two (2) two- year renewal terms and to incorporate certain other changes.
P. The amended the Contract to add new Products and Services and, incorporate the 2024 Master Price List and Freight Rate Schedule and incorporate certain other changes.
Q. The parties now desire to amend the Contract to add new Products and Services, and incorporate the 2025 Master Price List and Freight Rate Schedule and incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual cove nants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by an d incorporated into this Sixteenth Amendment by reference.
2. Defined terms used in this Sixteenth Amendment sh all have the same meaning as are assigned to such terms in the Contract.
3. The Pricing Sheets in Exhibit A of the Contract ar e hereby replaced in their entirety to the adjustments in the 2025 Master Price List which are attached hereto as Exhibit A.3.
4. The Freight Rate Schedules in Exhibit D of the Cont ract are hereby replaced in their entirety to the adjustments in the 2025 GameTime OMNIA Contract Freight Rates which are attached hereto as Exhibit D.3.
5. Except to the extent specifically provided above, th is amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
2 IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Sixteenth Amendment to be executed as of the date first written above.
PLAYCORE WISCONSIN INC.
DBA GAMETIME:
BY: ___ ___ ______________________
(Signature)
PRINT NAME: ________________________
TITLE: _______________________________
DATE: ________________________________
CITY OF CHARLOTTE:
CITY MANAGER’S OFFICE
BY: 6HH DWWDFKPHQW EHORZ
(Signature)
PRINT NAME: ________________________
TITLE: _______________________________
DATE:
________________________________
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
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___________________ ______