Amendment No. 2 with Henry Bros Inc

City of Glendale — Regular Meeting (2024-06-25)

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05/10/2023 
 
 
 
 
 
 
 
 
 
  C22-0914-4 
AMENDMENT NO. 2 
THE CITY OF GLENDALE, ARIZONA 
AND 
HENRY BROS., INC. dba DECA SOUTHWEST  
(City of Glendale, Contract No. C22-0914) 
 
This Amendment No. 2 (“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, an 
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. 
On January 27, 2023, the City and Contractor entered into Contract Extension No, 1, which 
extended the Linking Agreement from February 1, 2023, through January 31, 2024; and,   
 
D. 
On March 14, 2023, the City and Contractor entered into Amendment No, 1, which increased 
the Compensation available under the Agreement to $1,000,000;  
 
E. 
On December 1, 2023, although the parties incorrectly identified the City Contract No. as 
C22-0630 instead of C22-0914, they did agree to extend the term of Agreement linked to City 
of Mesa Contract No. 2020027 through January 31, 2025.  The Extension is also incorrectly 
numbered C22-0914-2, but is hereby renumbered to C22-0914-3; and  
 
F. 
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.

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05/10/2023 
4.  
Compensation. The compensation available under this Agreement is increased by $1,000,000 
for a new not-to-exceed amount of $2,000,000.  
 
5. 
Insurance Certificate.  Current certificate will expire on October 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, 
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.]