Extracted text (via pymupdf)
4333 characters
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