Extracted text (via pymupdf)
4115 characters
4/29/2021 C AMENDMENT NO. 1 CONSULTING SERVICES-CURRENT AND HISTORICAL ENVIORMENTAL SITE ASSESSMENT (Clear Creek Associates LLC., Contract No. C20-0738) This Amendment No. 1 (“Amendment”) to the Professional Services (“Agreement”) is made this ______ day of ________, 20 , (“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”) and Clear Creek Associates, LLC., Arizona Limited Liability Company authorized to do business in Arizona (“Contractor”). RECITALS A. City and Clear Creek Associates, LLC (“Contractor”) previously entered into Professional Services Agreement , Contract No. C20-0738, dated September 2, 2020 (“Agreement”); and B. The Agreement had an initial two-year term beginning September 2, 2020, through September 1, 2022, and provided the option to extend for three (3) additional one- years periods; and C. On January 7, 2021, the City and the Rudolph Johnson Family, LLC., entered into a settlement agreement which required, among other things, that the City submit a Voluntary Remediation Program application to ADEQ for the former Johnson Property located at approximately 99th Avenue and Olive Avenue. D. The City has requested contractors provide technical expertise and support for its activities related to the VRP application and subsequent activities E. On January 28, 2021, the litigation budget for Contractors to provide expert witness services was increased by $45,000 pursuant to a change order. F. On October 12, 2022, City and Contractor entered into Contract Extension No. 1 extending the term of the agreement from September 2, 2022, through September 1, 2023 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. 4/29/2021 3. Scope of Work. The Scope of Work is amended to include tasks related to activities implementing the Voluntary Remediation Plan approved by ADEQ for the City’s historic landfill located at 99th Avenue and Olive Avenue. 4. Compensation. The Compensation is being amended and the amount increased by the prior change order is being ratified. The new not-to-exceed amount of $135,000. 5. Insurance Certificate. A certificate must be presented to the City before this Amendment can take effect. 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.]