Amendment 3 - Pencco Signed

(20-0790 
AMENDMENT NO. 3 
WATER AND WASTEWATER TREATMENT CHEMICALS 
(IFB 20-4 7, Contract No. C20-0790) 
This Amendment No. 3 ("Amendment") to the Water and Wastewater Treatment Chemicals 
("Agreement") is made this ___ day of ___ Ž 2024, ("Effective Dte"), by and between the 
City of Glendale, an Arizona municipal corporation ("City") and Pencco, Inc., a Texas corporation, 
authorized to do business in Arizona ("Contractor"). 
RECITALS 
A.
On September 22, 2020, City and Pencco, Inc. ("Contractor") previously entered into Water
and Wastewater Treatment Chemicals, Contract No. C20-0790, "Agreement"); and
B.
On September 22, 2021, Contractor and City executed Amendment No. 1, extending the term
of the Agreement from September 22, 2021, through September 21, 2022. It also amended
the cost of Ferric Chloride to $2.11 per gallon; and
C.
On September 22, 2022, Contractor and City executed Amendment No. 2, extending the term
of the Agreement from September 22, 2022, through September 21, 2023. It also amended
the cost of Ferric Chloride to $3.55 per gallon; and
D.
On September 22, 2023, Contractor and City executed Amendment No. 1, extending the term
of the Agreement from September 22, 2023, through September 21, 2024. It also amended
the cost of Ferric Chloride to $3.66 per gallon; and
E.
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 and shall expire on September 21, 2024.
3.
Scope of Work. The Scope of the Agreement is unchanged.
4.
Compensation. Compensation is increased from $2,000,000 to a new not to exceed amount
of $3,400,000 for the entire term of the Agreement.
5.
Insurance Certificate. Current certificate will expire on November 1, 2024, and a new
certificate applying to the extended term must be provided prior to this date to Materials
Management and the Contract Administrator.
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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.
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
( c)
any contractors, subcontractors or 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.
9.
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.
10.
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.] 
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05/10/2023

ATTEST: 
Julie K. Bower, City Clerk 
(SEAL) 
APPROVED AS TO FORM: 
Michael D. Bailey, City Attorney 
CITY OF GLENDALE, an Arizona 
municipal corporation 
Kevin R. Phelps, City Manager 
Pencco, Inc., 
a Texas corporation 
05/10/2023