Amendment

C19-0811-5

AMENDMENT NO. 2
FENCING MATERIALS AND INSTALLATION
(City of Glendale, Contract No. C19-0811)

This Amendment No. 2 (“Amendment”) to the Fencing Materials and Installation Contract
(“Agteement”) is made this day of » 20 , (“Effective Date”), by and
between the City of Glendale, an Arizona municipal corporation (“City”) and American
Fence Company of Arizona, Inc., an Arizona corporation authorized to do business in
Arizona (“Contractor”).

RECITALS

A. City and American Fence Company of Arizona, Inc. (“Contractor”) previously
entered into Linking Agreement, Contract No. C19-0811, dated August 27, 2019
(“Agreement”); and

B. The original State of Arizona Contract, Contract No. CTR045278 had an initial one-
year term beginning July 1, 2019 through July 1, 2020, with an option to extend an
additional four (4) years, in one-year increments; and

Cc. On April 20, 2020, City and Contractor entered into Amendment No. 1 amending
the Scope of Work to incorporate rental fencing and related pricing as contained in
Amendment No. 1 to the Cooperative Purchasing Agreement; and

D. On July 2, 2020, City and Contractor entered into Contract Extension No. 1
extending the term of the Agreement from July 2, 2020 through July 1, 2021; and

E. On July 14, 2021, City and Contractor entered into Contract Extension No. 2
extending the term of the Agreement from July 2, 2021 through July 1, 2022; and

F. On June 21, 2022, City and Contractor entered into Contract Extension No. 3
extending the term of the Agreement from July 2, 2022 through July 1, 2023; and

G. 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 ate not metely recitals, but form an integral
part of this Amendment.
2. Term. The term of the Agreement is unchanged.

o 4/29/2021

Scope of Work. The Scope of Work is unchanged.

Compensation. Section 4.1 of the Agreement is hereby modified and amended as
follows: The Compensation is being amended by increasing the amount by $200,000
for a new not-to-exceed amount of $800,000 over the entire term of the Agreement
(initial term plus any renewals.)

Insurance Certificate. Current certificate will expire on November 1, 2022. A new
certificate applying to the extended tetm must be provided prior to this date to
Materials Management and the Contract Administrator.

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.

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.

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

ATTEST:

CITY OF GLENDALLE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attorney

American Fence Company of Atizona,
Inc.
an Arizona corporation

Tabs WA orl

By: Douglas Waslaski

Its: Vice President & CFO

4/29/2021