Amendment

City of Glendale — Regular Meeting (2023-06-13)

View PDF Item 22 Meeting page

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C22-0769-

AMENDMENT NO. 2
ON-CALL DOOR AND GATE REPAIR AND PREVENTATIVE MAINTENANCE
SERVICES
(Solicitation No. RFP 22-25, Contract No. C22-0769)

This Amendment No. 2 (“Amendment”) to the Agreement for On-Call Door and Gate Repair and
Preventative Maintenance Services (“Agreement”) is made this day of 2023,
(“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”)
and Miner of Arizona, LP, a ‘Texas limited partnership, authorized to do business in Arizona
(“Contractor”).

RECITALS

A. City and Miner of Arizona, LP (“Contractor”) previously entered into Agreement for On-Call
Door and Gate Repair and Preventative Maintenance Services, Contract No. C22-0769, dated
August 9, 2022, (“Agreement”); and

B. The Agreement has an initial one-year term beginning August 9, 2022, through August 8, 2023,
and provided the option to extend for an additional four (4) years in one-year increments; and

Cc. On January 15, 2023, the parties entered into Amendment No. 1 which changed the unit
pticing schedule, but the overall compensation remained the same; 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 is unchanged.

4. Compensation. The compensation is increased by $2,000,000 with a new not-to-exceed
amount of $2,900,000.
5. Insurance Certificate. Current certificate will expire on January 1, 2024. 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,

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10.

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.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
patties heteby 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.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not
currently, and during the term of this Agreement, will not use:

(a) the forced labor of ethnic Uyghurs in the People’s Republic of China;

(b) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and

(0) any contractors, subcontractors ot suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.

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.]

05/10/2023

ATTEST:

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attorney

Miner of Arizona, LP
a Texas limited partnership

pe Se

By: Gary Lilly

Its: Senior Director of Sales

05/10/2023