Amendment

C20-0335-3

AMENDMENT NO. 1
MOHAVE LINKING AGREEMENT FOR PLAYGROUND, SPLASH PAD,
OUTDOOR FITNESS, AND RELATED EQUIPMENT
(Dave Bang Associates Inc., Contract No. C20-0335)

This Amendment No. 1 (“Amendment”) to the Linking Agreement (“Agreement”) is made
this day of , 2021, (“Effective Date”), by and between the City of
Glendale, an Arizona municipal corporation (“City”) and Dave Bang Associates Inc., an
Arizona corporation authorized to do business in Arizona (“Contractor”).

RECITALS

A. City and Dave Bang Associates Inc. (“Contractor”) previously entered into a linking
agreement, Contract No. C20-0335, dated April 13, 2020 (“Agreement”); and

B. The City’s Agreement linked to the Mohave Educational Services, Inc. Cooperative
Purchasing Contract, Contract No. 190-BANG-0221. The Mohave Contract had an
initial term beginning on February 21, 2020 to February 21, 2021; and

Cc. The Mohave contract is currently extended to February 21, 2023; and

D. The initial period for this Agreement is from the effective date of April 13, 2020,
until February 21, 2021; and

E. The City and the Contractor entered into Contract Extension No. 1 (C20-0335-1)
extending the term of the Agreement through February 22, 2022; and

F. The City and the Contractor entered into Contract Extension No. 2 (C20-0335-2)
extending the term of the Agreement through February 22, 2023; and

G. The City is expanding the scope and increasing the amount of the compensation to
be paid under this agreement by an additional $1,955,000; and

H. 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 ate hereby acknowledged, the City and

Contractor hereby agtee as follows:

1. Recitals. The recitals set forth above are not merely recitals, but form an integral
patt of this Amendment.

2. Term. The term of the Agreement is unchanged and shall expire on February 21,
2023.

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Scope of Work. ‘The scope of the work is expanded to include the supply of
playground parts and equipment and related resources and the design, demolition,
construction, installation, restoration, and repair services for Citywide parks and
recreation facilities on an as-needed basis.

Compensation. The total compensation for this agreement for the work performed
is increased by $1,955,000 for a new not to exceed amount of $2,000,000.

Insurance Certificate. Current certificate will expire on May 13, 2022 and a new
certificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administratot.

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 requitements 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 are
applicable, the patties 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 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.]

4/29/2021

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney
Dave Bang Associates, Inc.
an Arizona corporation

By: John Wormeh \ ~

Its: President

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