Amendment No 1 to agreement with Anybackflow.com, Inc.
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1 05/10/2023 C22-0897-3 AMENDMENT NO. 1 LINKING AGREEMENT WITH ANYBACKFLOW.COM, INC. FOR TRADE SERVICES (City of Glendale, Contract No. C22-0897) This Amendment No. 1 (“Amendment”) to the Linking Agreement for Trade Services (“Agreement”) is made this ______ day of ________, 2025, (“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”) and Anybackflow.com, Inc., an Arizona corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. City and Anybackflow.com, Inc. (“Contractor”) previously entered into the Trade Services Agreement, Contract No. C22-0897, dated September 13, 2022, (“Agreement”); and B. The initial term of the Agreement was from September 13, 2022 through July 13, 2023; and C. City and Contractor entered into Contract Extension No. 1, extending the terms of the Agreement for one year from July 14, 2023 through July 13, 2024; and D. City and Contractor entered into Contract Extension No. 2, extending the terms of the Agreement for one year from July 14, 2024 through July 13, 2025; 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. Because the Cooperative Agreement underlying this Linking Agreement was extended only through June 30, 2025, the term of this Agreement will likewise expire on June 30, 2025 unless the City exercises any right it may have to further extend the term. 3. Scope of Work. The Scope of Work is unchanged. 4. Compensation. The total compensation for this Agreement is increased by $300,000 for a new not-to-exceed amount of $800,000 for the entire term of the Agreement, including any and all extensions. 5. Insurance Certificate. Current certificate will expire on February 13, 2025. A new certificate applying to the extended term must be provided prior to this date to Finance Director and the Contract Administrator. 2 05/10/2023 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.]