Amendment No. 2 to agreement with Don Sanderson Ford, Inc.

City of Glendale — Regular Meeting (2025-02-25)

View PDF Item 17 Meeting page

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AMENDMENT NO. 2
LINKING AGREEMENT
(CITY OF GLENDALE, Contract No. 21-0270)

This Amendment No. 2 (“Amendment’ ”) to the Linking Agreement (“Agreement”) is made this
day of 2025, (“Effective Date”), by and between the City of Glendale, an Arizona
municipal corporation (“City”) and Don Sandetson Ford, Inc., an Arizona corporation, authorized to
do business in Arizona (“Contractor”).

RECITALS

A. City and Don Sandetson Ford, Inc. (“Contractor”) previously enteted into Linking
Agreement, Contract No. C21-0270, 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 January 1, 2022 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 January 1, 2023 through December 31,
2023 and increasing Ford Pricing catalog Cost +8% to Cost +15% and the Hourly Rate from
$85.00 to $115; and

D On November 21 2023, the City and Contractor entered into Contract Extension No. 3,
extending the term of the Linking Agreement from December 31, 2023 through December
31, 2024; and

E. On December 12, 2024, the City and Contractor entered into Contract Extension No. 4
extending the term of the Linking Agreement from December 31, 2024 through December
31, 2025; 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 heteby acknowledged, the City and Conttactor 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.

05/10/2023

10.

Compensation. The Compensation available under this Agreement is hereby increased by
$300,000, for a new not to exceed amount of $675,000 over the entire term of the Agreement
(initial term plus any extensions).

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.

Non-disctimination. Contractor must not disctiminate 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 requitements 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 setvices from Israel, as that term is defined
in A.R-S § 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

(c) any contractors, subcontractors or suppliers that use the forced labor or any goods or
setvices 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 agtee 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

ATTEST:

CITY OF GLENDALE, an Arizona
maunicipal corporation

Kevin R. Phelps, City Manager

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attomey

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Don Sandergon Ford, Inc.,
an Arizoné corporation

By: _EmilyLopez\.

Its: _Fleet Serpice Manager

05/10/2023