Amendment

City of Glendale — Regular Meeting (2021-09-28)

View PDF Item 6 Meeting page

Extracted text (via ocr_local) 4607 characters
C21-0560-1

AMENDMENT NO. 1
MURPHY PARK LIGHTS DISPLAY
(City of Glendale Solicitation No. RFP 21-15, Contract No. C21-0560)

This ee 1 (“Amendment”) to the Murphy Park Lights Display (“Agreement”)
is made this (3 day of Seotenber 2021, (“Effective Date”), by and among the City of
Glendale, an Arizona municipal corporation (“City”) and Credit Management Group, LLC
dba Christmas Light Decorators, an Arizona limited liability company (“Assignor”), and
Saguaro Summit, LLC, an Arizona limited liability company (“Assignee”), collectively
referred to herein as the “Parties”.

RECITALS

os City and Christmas Light Decorators (“Contractor”) previously entered into Murphy
Park Lights Display Agreement, Contract No. C21 -0560, dated June 22, 2021

(“Agreement”); and

B. The Agreement had a one (1) yeat period beginning June 22, 2021 through June 21
2022; and

G. On August 15, 2021, Credit Management Group LLC sold its entire assets and
liabilities to Saguaro Summit, LLC.

D. Credit Management now wishes to assign and transfer to Assignee all of its right and
obligations under the Agreement, as amended, and Saguaro agrees to assume all of
Credit Management’s rights and obligations as provided in the Agreement and this

Amendment.

E. The City consents to the Assignment.

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.

pa Assignment. The City, Assignor and Assignee all agree to the Assignment of Credit
Managements rights and obligations under the Agreement to Saguaro. The

Assignment shall not be construed in any way as modifying, waiving or affecting any
of the terms, convenants, conditions or agreements contained in the Agreement,
except as expressly provided herein.

3. Term. The term of the Agreement is unchanged.

4/29/2021

4.

10.

Compensation. The compensentation of the Agreement is amended to a not to
exceed amount of $125,000.

Scope of Work. The Agreement is amended to replace the Assignor’s

Representative with Assignee’s representative as follows:

Saguaro Summit LLC
c/o Aaron Farrelly
2955 N Brighton
Mesa, AZ 85207

Email: aaron(@)cldaz.com

Additionally, the scope of work is amended to include banner production and
installation as well as additional lighting for upcoming events.

Insurance Certificate. Assignee is hereby required to submit a new insurance
certificate. The certificate must be received by the City of Glendale Procurement

Division prior to the execution of this Amendment.

Non-discrimination. Assignee 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. Assignee
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 Istael. 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.

Attestation of PCI Compliance. When applicable, the Assignee will provide the
City annually with a Payment Card Industry Data Security Standard (PCI DSS)
attestation of compliance certificate signed by an officer of Assignee with oversight

responsibility.
Ratification of Agreement. City and Assignee 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.]

4/29/2021

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

Michael D. Bailey, City Attomey

(SEAL)

CITY OF GLENDALE, an Arizona

municipal corporation

Kevin R. Phelps, City Manager

“Assignor”

Credit Management Group, LLC dba
Christmas Light Decorators

an Arizona limited lability company

By: Doug Topha:
Its: Managing Member

“Assignee”
Saguaro Summit LLC,

an Arizona limited lability company

‘By: Aaron Farrel} |

Its: Managing Member

4/29/2021