Amendment No. 3 to agreement with Sands Motor Company

AMENDMENT NO. 3
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. C21-0271)

This Amendment No. 3 (“Amendment”) to the Linking Agreement (“Agreement”) is made this

day of , 2024, (“Effective Date”), by and between the City of Glendale, an Arizona
municipal corporation (“City”) and Sands Motor Company, an Arizona corporation, authorized to do
business in Arizona (“Contractor”).

RECITALS

A. City and Sands Motor Company (“Contractor”) previously entered into Linking Agreement,
Contract No. C21-0271, dated April 13, 2021 (“Agreement”); and

B. On January 6, 2022, the City and Contractor entered into Contract Extension No. 1, extending
the term of the Linking Agreement from December 31, 2021 through December 31, 2022;
and

Cc, On January 1, 2023, the City and Contractor entered into Contract Amendment No. 1,
extending the term of the Linking Agreement from December 31, 2022 through December
31, 2023 and increasing the Hourly Labor Rate from $75.00 to $100.00; and

D. On April 25, 2023, the City and Contractor entered into Contract Amendment No. 2,
increasing the compensation amount from $375,000 to $675,000; and

E. On November 21, 2023, the City and Contractor entered into Contract Extension No. 3 [sic]’,
extending the term of the Linking Agreement from December 31, 2023 through December
31, 2024; 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 is unchanged.

' Although this Contract Extension is labeled Contract Extension 3 of 4, there appears to be no Contract Extension
No. 2 in the file.
1
05/10/2023

10.

Compensation. The Compensation available under this Agreement is hereby increased by
$1,000,000, for a new not to exceed amount of $1,675,000 over the entire term of the
Agreement (initial term plus any extensions).

Insurance Certificate. Current certificate will expire on March 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.

Non-discrimination. Contractor must not discriminate against any employee or applicant
for employment on the basis of race, color, religion, sex, national otigin, 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
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.RS § 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

(©) 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.

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

CITY OF GLENDALE, an Atizona
municipal corporation

Kevin R. Phelps, City Manager
ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Sands Motor Company,
an Arizona corporation

By.’ Wayne Thoit! ee
Its: Commercial Fleet Service Manaper

05/10/2023

|
t
|
|
|
j
I