Amendment to Agreement with Polydyne

City of Glendale — Special (2024-11-06)

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05/10/2023 
 
 
 
 
 
 
 
 
 
  C20-0791 
AMENDMENT NO. 3 
WATER AND WASTEWATER TREATMENT CHEMICALS  
(IFB 20-47, Contract No. C20-0791) 
 
This Amendment No. 3 (“Amendment”) to the Agreement for Water & Wastewater Treatment 
Chemicals (“Agreement”) is made this ______ day of ________, 2024, (“Effective Date”), by and 
between the City of Glendale, an Arizona municipal corporation (“City”) and Polydyne Inc., a 
Delaware corporation, authorized to do business in Arizona (“Contractor”). 
 
RECITALS 
 
A. 
City and Polydyne Inc. (“Contractor”) previously entered into an Agreement for Water & 
Wastewater Treatment Chemicals, Contract No. C20-0791, dated September 22, 2020, 
(“Agreement”); and 
 
B. 
On September 22, 2021, Contractor and City entered into Amendment No. 1, extending the 
term  of  the  Agreement  from  September  22,  2021,  through  September 21,  2022. It  also 
amended the cost of CLARIFLOC C-6220 to $1.44 per pound and CLARIFLOC C-358 to 
$0.72 per pound; and 
 
C. 
On  September  22,  2022,  Contractor  and  City  entered  into  Extension  No.  2,  extending  
the term  of  the  Agreement  from  September  22,  2022,  through  September  21,  2023.  It  
also amended the cost of CLARIFLOC C-6220 to $1.83 per pound and CLARIFLOC C-358 
to $0.97 per pound; and 
 
D         On  September  22,  2023,  Contractor  and  City  entered  into  Extension  No.  3,  extending  
the term  of  the  Agreement  from  September  22,  2023,  through  September  21,  2024.  It  
also amended the cost of CLARIFLOC C-6220 to $1.90 per pound, CLARIFLOC C-358 to 
$1.01 per pound, and CLARIFLOCK N-120P to $1.50; and 
 
E. 
On January 23, 2024, Contractor and City entered into Amendment No. 2, increasing 
compensation from $1,750,000 to a new not-to-exceed amount of $2,200,000 for the entire 
term of the Agreement; 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 extended for a one-year period from September 22, 
2024, through September 21, 2025, unless otherwise terminated or canceled as provided by

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05/10/2023 
the Agreement.  All other provisions of the Agreement except as set forth in this Amendment 
shall remain in their entirety. 
 
3. 
Scope of Work. The Scope of the Agreement is unchanged. 
 
4.  
Compensation. Compensation is increased from $2,200,000 for a new contract amount of 
$2,530,000 for the entire term of the Agreement. 
 
5. 
Insurance Certificate.  Current certificate will expire on April 1, 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, 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 
CITY OF GLENDALE, an Arizona 
 
 
 
 
 
 
municipal corporation 
 
 
 
 
 
 
 
 
___________________________________ 
 
 
 
 
 
 
Kevin R. Phelps, City Manager 
 
ATTEST: 
 
 
____________________________________ 
Julie K. Bower, City Clerk                 (SEAL) 
 
 
APPROVED AS TO FORM: 
 
 
____________________________________ 
Michael D. Bailey, City Attorney                 
 
 
 
Polydyne Inc. 
 
a Delaware corporation 
 
 
 
 
 
 
By: 
Boyd Stanley 
Its: 
Sr. Vice President