Amendment No. 1 to Linking Agreement with Refrigeration Supplies Distributor
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1 01/28/2025 C AMENDMENT NO. 1 REFRIGERATION SUPPLIES DISTRIBUTOR (City of Glendale, Contract No. C23-0356) This Amendment No. 1 (“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 REFRIGERATION SUPPLIES DISTRIBUTOR, a California corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. City and REFRIGERATION SUPPLIES DISTRIBUTOR (“Contractor”) previously entered into Linking Agreement, Contract No. C23-0356, dated April 11, 2023 (“Agreement”); and B. The original S.A.V.E Cooperative Purchasing Agreement, Contract No. 202325-03 with the City of Tucson, the initial term of the contract is from April 28, 2020 through April 27, 2023, with the option to extend for two one year periods expiring on April 27, 2025; and C. City and Contractor previously entered into Contract Extension No. 1, extending the term of the Linking Agreement from April 28, 2023, through April 27, 2024; and D. City and Contractor previously entered into Contract Extension No. 2, extending the term of the Linking Agreement from April 28, 2024, through April 27, 2025; and E. Although this contract has only been extended through April 27, 2025, the City has already placed orders and incurred costs for goods that will be received after the expiration date. Accordingly, the City wishes to ratify these expenditures and provide additional funds to pay invoices received after termination. 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. However, if the Cooperative Agreement is amended or extended, the City may likewise extend this Agreement administratively according to any applicable City Code provision. 3. Scope of Work. The Scope of Work remains unchanged. 2 01/28/2025 4. Compensation. The compensation available under this Agreement is increased by $45,000 for a new not-to-exceed amount of $195,000. The increase in compensation allows the City to pay for HVAC Parts and Supplies already ordered and for parts that may be received after the expiration of this Agreement. 5. Insurance Certificate. Current certificate will expire on January 1, 2026 and covers the period prior to expirtation. Should the Cooperative Agreement be amended and extended, a new certificate applying to any extended term must be provided prior to this date to Finance Director and the Contract Administrator. 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.]