Amendment #3 to agreement with Witmer Public Safety Group Inc.

City of Glendale — Regular Meeting (2025-04-08)

View PDF Item 9 Meeting page

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C21-0732-5

AMENDMENT NO. 3
FIREFIGHTER TURNOUT GEAR
(IFB 21-50, Contract No. C21-0732)

This Amendment No. 3 (“Amendment”) to the Agreement for Firefighter Turnout Gear
(“Agreement”) is made this day of 2025, (“Effective Date”), by and between the
City of Glendale, an Arizona municipal corporation (“City”) and Witmer Public Safety Group, Inc., a
Pennsylvania corporation, authorized to do business in Arizona (“Contractor”).

RECITALS

A. City and Witmer Public Safety Group, Inc. (“Contractor”) previously entered into Firefighter
Turnout Gear, Contract No. C21-0732, dated August 10, 2021 (“Agreement”); and

B. City and Contractor previously entered into Amendment No. 1 extending the term of the
Agreement from August 10, 2022, through August 9, 2023 and amended the ptice of items;
and

Cc. City and Contractor previously entered into Extension No. 2 extending the term of the

Agreement from August 10, 2023, through August 9, 2024; and

D. City and Contractor previously entered into Amendment No. 2 increasing the compensation
by $75,000 for a new not to exceed amount of $175,000; and

E. City and Contractor previously entered into Extension No. 3 extending the term of the
Agreement from August 10, 2024, through August 9, 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 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 remains unchanged and shall expire on August 9, 2025.
3. Scope of Work. The scope of work remains unchanged.
4. Compensation. The compensation is amended to add $75,000 for a new not-to-exceed
amount of $250,000.00.
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10.

Insurance Certificate. Current certificate will expire on May 26, 2025. A new insurance
certificate must be provided prior to this date to the Finance Director and the Contract
Administrator in order for this Agreement to remain in effect.

Non-disctimination. 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.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 ate 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.

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 ot
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.]

01/28/2025

ATTEST:

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attorney

Witmer Public Safety Group, Inc.
a Pennsylvania corporation

AN ine Htwnao

By: _Ma@“Lene Thomas

Its: Inside Sales”

01/28/2025