Amendment to Agreement
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1 01/28/2025 C AMENDMENT NO. 1 LINKING AGREEMENT (CITY OF GLENDALE, Contract No. C24-0598) 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 FCI Constructors, Inc., a Colorado corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. City and FCI Constructors, Inc. (“Contractor”) previously into Linking Agreement, Contract No. C24-0598, dated June 25, 2024 (“Agreement”); and B. 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 extended for a one-year period from May 17, 2025 through May 16, 2026, unless otherwise terminated or canceled as provided in the Agreement. 3. Scope of Work. The Scope of Work is unchanged. 4. Compensation. The Compensation available under this Agreement is hereby increased by $2,500,000 for a new not to exceed amount of $6,500,000 over the entire term of the Agreement (initial term plus any extensions). 5. Insurance Certificate. Current certificate will expire on October 1, 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. 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 2 01/28/2025 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. CITY OF GLENDALE, an Arizona municipal corporation ___________________________________ Kevin R. Phelps Interim City Manager ATTEST: ____________________________________ Julie K. Bower, City Clerk (SEAL) APPROVED AS TO FORM: ____________________________________ Michael D. Bailey, City Attorney