Amendment

City of Glendale — Regular Meeting (2023-01-24)

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4/29/2021 
 
 
 
 
 
 
 
 
 
  C21-0914-1 
AMENDMENT NO. 1 
Horizon Distributors, Inc.  
(City of Glendale, Contract No. C21-0914) 
 
This Amendment No. 1 (“Amendment”) to the Linking (“Agreement”) is made this ______ 
day of ________, 20     , (“Effective Date”), by and between the City of Glendale, an 
Arizona municipal corporation (“City”) and Horizon Distributors, Inc., a Delaware 
corporation authorized to do business in Arizona (“Contractor”). 
 
RECITALS 
 
A. 
City and Horizon Distibutors, Inc. (“Contractor”) previously entered into a linking 
agreement, Contract No. C21-0914, dated September 28, 2021 (“Agreement”); and 
 
B. 
The linking agreement had an initial two-year term beginning on September 28, 2021 
through February 11, 2023; and 
 
C. 
The City may, at its discretion, renew the term of this Agreement for (2) additional 
one-year periods until the Cooperative Purchasing Agreement expires on February 
11, 2026. 
 
D. 
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 extended for a one-year period from February 
12, 2023 through February 11, 2024, unless otherwise terminated or canceled as 
provided by the Agreement.  All other provisions of the Agreement except as set 
forth in this Amendment shall remain in their entirety. 
 
3. 
Scope of Work. The scope of work is amended to include the addition of 
supplies/and or services and equipment for citywide parks. 
 
4.  
Compensation. City shall pay Contractor compensation at the same rate and on the 
same schedule as provided in the Cooperative Purchasing Agreement. The 
compensation is increased by $500,000.00 for a new not-to-exceed amount of 
$1,000,000.00 for the entire term of the Agreement (initial term plus any renewals).

4/29/2021 
5. 
Insurance Certificate.  Current certificate will expire on June 1, 2023 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.]

4/29/2021 
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
Horizon Distributors, Inc., 
a Delaware corporation 
By: 
Rachelle Posvar 
Its: 
Procurement Sales