Amendment No. 1 with Fluoresco Services LLC
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C22-0837 AMENDMENT NO.1 CITY OF GLENDALE INFILL STREET LIGHTING SERVICES (RFP 22-16, Contract No. C22-0837) This Amendment No. I (‘‘Amendment’’) to the City of Glendale Intill Street Lighting Services (“Agreement’’) is made this ___________ day of ______________ , 2024, (‘‘Effective Date’’), bvand between the City of Glendale, an Arizona municipal corporation (‘<City’’) and Fluorcsco Services LLC, an Arizona limited Liability company, authorized to do business in Arizona (‘‘Conrractoii’’). RECITALS A. City and Flnoresco Sen-ices LLC (‘‘Contractor’’) previously entered into City of Glendale InEll Street Lighting Services, Contract No- C22-0837, dated August 23, 2022, (“Agreement”); and B. The Agreement had a two (2) ear initial period beginning August 23, 2022, through August 22, 2024, and provided the option to extenrl for an additional one (1) year; and C. City and Contractor pre\-iouslv entered into Contract Extension I, extending the term of the Agreement from August 23, 2024, through August 22, 2023; and D. City and Contractor wish to modify-and amend the Agreement subect 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 Iereb -agree as follows: 1. Recitals. The recitals set forth above are not merck recitals but form an integral part of this Amendmet 2. Term. The term of the Agreement remains unchanged and shall expire on August 22, 2(325. 3. Scope of Work. The Scope of’Xork is amended to include Boring in lieu of trench as shown in Exhibit A. 4. Compensation. The total compensation for this Agreement will increase by 5600,001) for a new not-to-exceed amount of SI ,500,000. 5. Insurance Certificate. Current certificate will expire on r\Iarch I , 2025. A new insurance certificate must be provided prior to this date to the Materials Manager and the Contract Administrator in order for this Agreement to remain in effect. 6. Non—discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, rehgion, 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 03/10/2023 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 AR.S § 35-393 through 35-393.05 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 nor currently, and during the term of this Agreement, wdl not use: (a) the forced labor of ethnic L*ghurs in the People’s Republic of China; (h) any goods or services produced by the forced labor of ethnic Uyghurs in the Prople’s Republic of China; and (c) any contractors, subcontractors or suppliers that use the forced labor or any goods or sen-ices produced by the forced labor of ethnic Uvghurs in the People’s Republic of China. 9. Attestation of PCI Compliance. When applicable, the Contractor will provide the Cm annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed byan ofticer of Contractor with oversight responsibility. 10. Ratification of Agreement. City and Contiuctor hereby agree that except as expressly provided herein, the provisions of the Agreement shall he, and remain in full force and effect and that ifanv provision of this Amenclment conflicts with the Agreement, then the provisions of this Amendment shall prevail. [Signatures on the Following page.] 2 05! (0/2025 AYfEST: CITY OF GLENDALE, an Arizona municipal corporation Kevin R. Phelps, City Manager Julie K. Bower, City Clerk (SEAL) APPROVED AS TO FORM: \ [ichiel D Bailey, Cirv Atronw 3 Fluoresco LLC company Its: 05/10/2023 EXHIBIT A CITY OF GLENDALE INFILL STREET LIGHTING SERVICES PROJECT Fluoresco Services LLC shall install infill streetlights in SRP and APS service areas around the city of Glendale in accordance with REP 22-16. The following service is added to this Agreement: Boring in lieu of trench at $70.00 per foot.