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4/29/2021 C19-0436-5 AMENDMENT NO. 2 TO THE LINKING AGREEMENT WITH WEST COAST ARBORISTS, INC. for Tree Pruning, Removal, and Other Related Services (City of Glendale, Contract No. C19-0436) This Amendment No. 2 (“Amendment”) to the Linking Agreement (“Agreement”) is made this ______ day of ________, 2023, (“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”) and West Coast Arborists, Inc., a California corporation authorized to do business in Arizona (“Contractor”). RECITALS A. City and West Coast Arborists, Inc. (“Contractor”) previously entered into a Linking Agreement with S.A.V.E Cooperative Purchasing Agreement for Tree Pruning, Removal and Other Related Services, Contract No. C19-0436, dated May 14, 2019 (“Agreement”); and B. The Agreement had an initial term beginning on May 19, 2019 through June 30, 2020, and provided the option to extend for an additional four (4) years in one-year increments until the Cooperative Purchasing Agreement expires on January 31, 2024; and C. City and Contractor entered into Contract Extension No. 1 (C19-0436-1) extending the term of the Agreement from July 1, 2020 through June 30, 2021; and D. City and Contractor entered into Contract Extension No. 2 (C19-0436-2) extending the term of the Agreement from July 1, 2021 through June 30, 2022; and E City and Contractor entered into Amendment No. 1 (C19-0436-3) extending the term of the Agreement from July 1, 2022 through January 31, 2023, increasing the compensation by $175,000 for a new not to exceed amount of $442,000 to reflect a 3% Consumer Price Index (CPI) price increase for good and services provided by Contractor; and F. City and Contractor entered into Contract Extension No. 3 (C19-0436-4) extending the term of the Agreement from February 1, 2023 through January 31, 2024; 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: 4/29/2021 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 remains the same and shall expire on January 31, 2024, 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 palm pruning services for the Parks Division and additional tree plantings throughout the City for the Right of Way Division. The scope of work attached to the Agreement as Exhibit B is modified accordingly. 4. Compensation. The compensation is being amended to reflect additional palm pruning services for the Parks Division in the amount of $55,000, and $50,000 for Right of Way for additional tree plantings throughout the City, for a new not to exceed amount of $547,000 for the remaining term of the agreement. 5. Insurance Certificate. Current certificate will expire on July 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. 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. 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. 9. 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 West Coast Arborist, Inc. a Arizona Corporation By: Victor Gonzalez Its: Vice President of Marketing