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4/29/2021
C22-0914-2
AMENDMENT NO. 1
THE CITY OF GLENDALE, ARIZONA
AND
HENRY BROS., INC. dba DECA SOUTHWEST
(City of Glendale, Contract No. C22-0914)
This Amendment No. 1 (“Amendment”) to the Linking Agreement (“Agreement”) is made
this ______ day of ________, 20 , (“Effective Date”), by and between the City of
Glendale, an Arizona municipal corporation (“City”) and HENRY BROS., INC. dba DECA
SOUTHWEST, a Arizona Corporation authorized to do business in Arizona (“Contractor”).
RECITALS
A.
City and HENRY BROS., INC. dba DECA SOUTHWEST (“Contractor”)
previously entered into Linking Agreement, Contract No. C22-0914, dated
September 13, 2022 (“Agreement”); and
B.
The original S.A.V.E Cooperative Purchasing Agreement, Contract No. 2020027
with the City of Mesa, had an initial 3-year term beginning February 1, 2020, through
January 31, 2023, with the option to extend two additional one-year periods expiring
on January 31, 2025; and,
C.
City and Contractor previously entered into Contract Extension No, 1, extending the
term of the Linking Agreement from February 1, 2023 through January 1, 2024; and,
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 unchanged.
3.
Scope of Work. The Scope of Work remains unchanged.
4.
Compensation. The compensation available under this Agreement is increased by
$700,000 for a new not-to-exceed amount of $1,000,000. The increase in
compensation allows the City to replace more light poles in Glendale City parks.
4/29/2021
5.
Insurance Certificate. Current certificate will expire on October 1, 2023. 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.]