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C22-0577 AMENDMENT NO. 1 LINKING AGREEMENT (CITY OF GLENDALE, Contract No. C22-0577) This Amendment No. 1 (“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 The Charles Machine Works, Inc., dba Ditch Witch, an Oklahoma corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. City and The Charles Machine Works, Inc., dba Ditch Witch (“Contractor”) previously entered into Linking Agreement, Contract No. C22-0577, dated June 24, 2022 (“Agreement”); and B. City and Contractor wish to modify and amend the Agteement 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 merely recitals but form an integral part of this Amendment. 2. Term. The term of the Agreement is unchanged. 3. Scope of Work. The Scope of Work is being amended to allow for future purchases including the purchase of a Vacuum Excavator with a Standard Trailer as outlined in the attached Quotation No. 20197050. Future purchases will be made by the City on an as-needed basis. 4. Compensation. The Original compensation amount is being amended and increased by $213,319.95, for a maximum of $250,000 over the entire term of the Agreement. The City is not guaranteeing any minimum quantity but may order equipment with a maximum aggregate cost of $250,000. 5. Insurance Certificate. Current certificate will expire on April 1, 2024. 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. 1 05/10/2023 10. 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. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: (a) the forced labor of ethnic Uyghurs in the People’s Republic of China; (b) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and () any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 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.] 05/10/2023 CITY OF GLENDALE, an Arizona Kevin R. Phelps, City Manager ATTEST: Julie K. Bower, City Clerk (SEAL) APPROVED AS TO FORM: Michael D. Bailey, City Attorney The Charles Machine Wotks, Inc., dba Ditch Witch, an Oklahoma corporation “By: _ Mike Spillars _ Its: _Corporate Accounts Manager 05/10/2023 AMENDMENT NO.1 LINKING AGREEMENT (CITY OF GLENDALE, Contract No. C22-0577) EXHIBIT B Scope of Work PROJECT The Scope of Work is being amended to allow for future purchases of public utility equipment with related accessories and supplies by the City on an as-needed basis, including the purchase of a Vacuum Excavator with a standard trailer as outlined in Quotation No. 20197050. AMENDMENT NO.1 LINKING AGREEMENT (CITY OF GLENDALE, Contract No. C22-0577) EXHIBIT C METHOD AND AMOUNT OF COMPENSATION Contractor will be paid within 30 days of submission of its invoices to City at the rates indicated in the original agreement C22-0577. NOT TO EXCEED AMOUNT ‘The total amount of compensation paid to Contractor for full completion of all work required by the Project must not exceed $250,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION The original compensation is being amended and increased by $213,319.95 for a new not to exceed of $250,000 over the term of the agreement. The City will utilize the agreement to purchase public utility equipment with related accessories and supplies on an as-needed basis. Ditch Witch CORPORATE ACCOUNTS The Charles Machine Works 1959 West Fir Avenue P.O.Box PO BOX 66 Perry, OK 73077 Phone No : 1-800-654-6481 Fax No : 580 336 0617 CITY OF GLENDALE SOURCEWELL MEMBER 110342 5850 W GLENDALE AVE GLENDALE AZ 85301 Quotation ay ey we sEin, Quotation No. 20197050 Customer No. 513534 Dealership == DITCH WITCH WEST (PHOENIX) PHOENIX PO Created by Todd Miller “Global Account Price Quote Quote Valid until : 07/01/2023 CALCULATED AT TIME OF INVOICING. IF TAXES ARE , PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH Unit Price 1EA With the following configuration: Fitter Cyclonic Separetor Debris Tank 500 Galion Water Tank 200 Gations Reverse Flow No Hose and Tooling 3 inch Controls Right Hand Traffic Water Heater No Options Lance Extansion - 48in Options Prospector Digging Lance HXBoom = Jib Prospector Digging Lance Yes Hydraulic O8 Standard Color Standard ‘TraBer Jack =Manual 1EA FITTING 259-1012 - PROSPECTOR EXTENSION, 48"LG W/ | please immediately notify us at 1-800-854-6481 to arrange for quote may contain confidential information. The information is Intended only for the individual or entity named. if you are not the intended ratum of the document. CORPORATE ACCOUNTS am sii Quotation P.0.Box PO BOX 66 Information so) I Document Date 04/20/2023 wa Customer No. 513534 Dealership DITCH WITCH WEST (PHOENIX) PO Crested by Todd Miller 1EA 025-1040 - VT12 500 GAL STANDARD TRAILER Corporate Account Price Total Freight Total Tax Total Amount —— ‘This quote may contein confidential information. The information is intended only for the Individual or entity named. If you are not the intended Tecipient, please immediately notify us at 1-800-654-6481 to arrange for ratum of the document.