Amendment

City of Glendale — Regular Meeting (2023-04-25)

View PDF Item 7 Meeting page

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C21-0271-3

AMENDMENT NO. 2
LINKING AGREEMENT
CITY OF GLENDALE, Contract No. C21-0271

This Amendment No. 2 (“Amendment”) to the Linking Agreement (“Agreement”) is made
this » 2023, made to be effective on the date signed by all parties
(“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation
(“City”) and Sands Motor Company, an Arizona corporation authorized to do business in
Arizona (“Contractor”).

RECITALS

A. On April 13, 2021, City and Sands Motor Company, (“Contractor”) entered into
Linking Agreement, Contract No. C21-0271, (“Agreement”); and

B. On January 6, 2022, City and Contractor entered into Contract Extension No. 1,
extending the term of the Linking Agreement from December 31, 2021 through
December 31, 2022; and

C. On January 1, 2023, City and Contractor entered into Contract Amendment No. 1,
extending the term of the Linking Agreement from December 31, 2022 through
December 31, 2023 and increasing the Hourly Labor Rate from $75.00 to $100.00;
and

Cc. 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 is unchanged.

4. Compensation. The original compensation amount of $375,000 is increased by

$300,000, for a maximum of $675,000 over the entite term of the agreement (initial
term plus any renewals).

5. Insurance Certificate. Current certificate will expire on March 1, 2024. A new

certificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administrator.

4/29/2021

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 ot 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.

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.

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.

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

ATTEST:

CITY OF GLENDALE, an Arizona
municipal corporation

Kevio R, Phelps, City Manager

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attorney

Sands Motor Company,
an Arizona corporation

Hye Giei

By: Scott Rogers

Its: _Commercial Service Manager

4/29/2021