Amendment

C19-0539-2

AMENDMENT NO. 2
AGREEMENT FOR PARKS LANDSCAPE MAINTENANCE
(City of Glendale Solicitation NO. RFP 19-39, Contract No. C19-0539)

This Amendment No. 2 (“Amendment”) to the Agteement for Parks Landscape
Maintenance (“Agreement”) is made this day of , 20 , (“Effective
Date”), by and between the City of Glendale, an Atizona municipal corporation (“City”) and
Somerset Landscape, LLC, a Delawate limited liability company authorized to do business in
Arizona (“Contractor”).

RECITALS

A. City and Somerset Landscape, LLC (“Contractor”) previously entered into an
Agreement for Parks Landscape Maintenance, Contract No. C19-0539, dated June
11, 2019 (“Agreement”); and

B. The Agreement had an initial two-year term beginning on June 11, 2019, through
June 10, 2021, and provided the option to extend for an additional three (3) years in
one-year increments; and

C, ‘The City and the Contract entered into Amendment No. 1 (C19-0539-1) renewing
the Agreement for an additional one-year period from June 11, 2021 through June
10, 2022, and increasing the rates for all landscaping items by 3.2%; and

Dz The City is expanding the scope of setvices and incteasing the amount of
compensation to be paid under this Agreement by $125,914; and

E. 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 metely recitals but form an integral
part of this Amendment.

2. Term. The tetm of the Agreement is extended for a one-year petiod from June 11,
2022, through June 10, 2023, unless otherwise terminated or canceled as provided by
the Agreement. All other provisions of the Agreement except as set forth in this
Amendment shall remain in their entirety.

3. Scope of Work. The scope of work is expanded to include landscaping work

around the lake area of Hetoes Regional Park as outlined below ftom June 11, 2022,
through the remaining renewal terms of the Agreement:

4/29/2021

Project

Landscape maintenance to include: Mow/Edge, Trash, Fertilizer, Aeration, Pre-
Emergent, Post Emergent, and Weed Removal

Compensation. The total compensation for this Agreement shall increase by
$125,913.40, with a new not to exceed amount of $4,625,914. This includes the
amount for the project above, and also the 3.2% contract inctease that went into
effect on June 11, 2021.

Insurance Certificate. Current certificate will expire on April 1, 2023 and a new
certificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administrator.

Non-discrimination. Contractor must not discriminate against any employee ot
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity ot expression, genetic
characteristics, familial status, U.S. military veteran status ofr any disability.
Contractor will require any Sub-conttactor to be bound to the same tequitements 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 parties hereby certify that they are not currently engaged in, and agtee
for the duration of the Agreement to not engage in, a boycott of goods ot 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 Atizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D, Bailey, City Attorney

Somerset Landscape, LLC
a Delaware limited liability company

<a

By: Donald Batrand, Branch Manager

Its: Authorized Representative

4/29/2021