Amendment to Agreement
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1 01/28/2025 C AMENDMENT NO. 2 REFRIGERATION SUPPLIES DISTRIBUTOR (City of Glendale, Contract No. C23-0356) 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 Refrigeration Supplies Distributor Corporation, a California corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. On April 28, 2020, the City of Tucson, a member of the S.A.V.E Cooperative Purchasing Agreement, ented into a Contract with Contractor, Contract No. 202325-03, which had an initial term from April 11, 2023, through April 27, 2023. The Cooperative Agreement also allowed the City of Tucson to renew its contract for four (4) additinal one year periods; and B. The City and and the Contractor entered into a Linking Agreement, Contract No. C23-0356, on April 11, 2023 (“Agreement”); and C. The City and Contractor entered into Contract Extension No. 1, extending the term of the Agreement from April 28, 2023, through April 27, 2024; and D. The City and Contractor previously entered into Contract Extension No. 2, extending the term of the Agreement from April 28, 2024, through April 27, 2025; and E. City and Contractor previously entered into Amendment No. 1, to increase the Contract compensation by $45,000 for a new not-to-exceed amount of $195,000 and ratify the the expenditures. The term remained unchanged and the contract was set to expire on April 27, 2025; and F. On March 27, 2025, the City of Tucson issued a Contract Addemdum to the Cooperative Agreement that extended its term from April 28, 2025 to October 27, 2025. The City and Contractor likewise entered into a Contract Extension1, extending the term of the Linking Agreement through October 27, 2025; and G. The City's Contract Extension was dated May 9, 2025. However, between the date of the last contract extension and this Amendment, the City placed orders and incurred costs for goods without appropriated funds being available to pay the related invoices. Accordingly, the City seeks to ratify these expenditures and provide additional funds for payment of outstanding invoices. H. City and Contractor wish to modify and amend the Agreement subject to and strictly in accordance with the terms of this Amendment. 1 The City’s Amendment No. 1 was assigned Document No. C23-0356-3. Rather than labeling the contract extension Extension No. 3, staff conflated the numbering system and the names of the documents, and instead called Contract Extension No. 3 as Contract Extension No. 4. 2 01/28/2025 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. 3. Scope of Work. The Scope of Work is unchanged. 4. Compensation. The compensation available under this Agreement is increased by $150,000 for a new not-to-exceed amount of $345,000. The increase in compensation allows the City to pay the ratified amount and for future HVAC Parts and Supplies purchases through the remainder of the contract term. 5. Insurance Certificate. Current certificate will expire on January 1, 2026. Should the Cooperatvie Agreement and this Linking Agreement be further extended beyond that date, a new certificate applying to the new 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.