AMENDMENT NO. 2 LINKING AGREEMENT WITH DLT SOLUTIONS, LLC
Extracted text (via pymupdf)
4637 characters
AMENDMENT NO. 2 Linking Agreement between the City of Glendale, Arizona and DLT Solutions, LLC. (Contract No. C21-0565) This Amendment No. 2 (“Amendment”) to the Linking Agreement (“Agreement”) is made this 13th day of December, 2022, (“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”) and DLT Solutions, LLC. a(n) Virginia limited liability company authorized to do business in Arizona (“Contractor”). RECITALS A. City and DLT Solutions, LLC (“Contractor”) previously entered into Linking Agreement, Contract No. C21-0565, dated June 22, 2021 (“Agreement”). B. City and Contractor previously amended Contract No. C21-0565, dated August 4, 2021 to modify Product Offering and Project Payment Milestones. C. On December 12, 2018 under SAVE Cooperative, the Maricopa County entered into a contract with Contractor to purchase the goods and services described in the Maricopa County contract 180233-001(“Cooperative Purchasing Agreement”), the Cooperative Purchasing Agreement permits its cooperative use by other governmental agencies including the City. D. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. E. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. F. City and Contractor wish to modify and amend the Agreement subject to and strictly in accordance with the terms of this Amendment. AGREEMENT In consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Recitals. The recitals set forth above are not merely recitals, but form an integral part of this Amendment. 2. Term. The term of the Agreement is unchanged and shall expire on November 20, 2023 with the option to renew for up to a maximum of two (2) additional one -year (1) terms until the Cooperative Purchasing Agreement expires on November 30, 2028 if renewed by the original contracting parties. 3. Scope of Work. The Scope of Work of the Agreement is unchanged. 4. Compensation. The total purchase price for the supplies and/or services purchased under this Agreement will be increased by $120,000 with a not to exceed amount of Two hundred seventy thousand dollars ($270,000) for the entire term of the Agreement (initial term plus any renewals). 5. Insurance Certificate. Current certificate will expire on (Date) and a new certificate applying to the extended term must be provided prior to this date to Materials Management and the Contract Administrator. 6. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. 7. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. 8. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 9. Ratification of Agreement. City and Contractor hereby agree that except as expressly provided herein, the provisions of the Agreement shall be, and remain in full force and effect and that if any provision of this Amendment conflicts with the Agreement, then the provisions of this Amendment shall prevail. [Signatures on the following page.] CITY OF GLENDALE, an Arizona municipal corporation Kevin R. Phelps, City Manager ATTEST: Julie K. Bower, City Clerk (SEAL) APPROVED AS TO FORM: Michael D. Bailey, City Attorney DLT Solutions, LLC, a Virginia limited liability company By: Its: