Amendment No. 3

City of Glendale — Regular Meeting (2023-06-13)

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C21-0560

AMENDMENT NO. 3
City of Glendale Solicitation No. RFP 21-15,
(Contract No. C21-0560)

This Amendment No. 3 (“Amendment”) to the Murphy Park Lights Display (“Agreement”)
is made this_/OTA day of _ MAG _, 2023, (“Effective Date”), by and between the City of
Glendale, an Arizona municipal corporation (“City”) and Saguaro Summit LLC, a limited
liability company authorized to do business in Arizona (“Contractor”).

RECITALS

City and Credit Management Group LLC, dba Christmas Light Decorators
(“Contractor”) previously entered into the Agreement, Contract No. C21-0560,
dated June 22, 2021 (“Agreement”); and

‘The Agreement had a one (1) year period beginning June 22, 2021 through June 21,
2022; and

The rights and obligations to perform under the Agreement assigned to Saguaro
Summit, LLC from Contractor pursuant to Amendment 1 on September 13, 2021.
The Amendment No. 1 also increased compensation available to $125,000 and
expanded the Scope of Work to include banner production and installation as well as
additional lighting for upcoming events; and

City and Contractor previously entered into Contract Amendment 2 extending the

term of the Agreement from June 22, 2022 through June 21, 2023 and the
compensation was increased to a new not-to-exceed amount of $305,000; and

City and Contractor wish to modify and amend the Agreement further 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 agree as follows:

1.

Recitals. The recitals set forth above are not metely recitals but form an integral
part of this Amendment.

Term. The term of the Agreement is extended for a six-month period per Section
15.2 (Term), of the Agreement and shall expite on January 31, 2024, unless otherwise
terminated or canceled as ptovided by the Agreement. All other provisions of the
Agreement except as set forth in this Amendment shall remain in their entirety.

Scope of Work. The Scope of Work remains unchanged.

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Compensation. The compensation is increased by $350,000 with a new not-to-
exceed amount of $655,000.

Insurance Certificate. Contractor is hereby required to submit a new insurance
certificate to cover the term of this Amendment. The minimum insurance coverage
shall be required and must be received by the City of Glendale Procurement Division
prior to, and is a condition of, this Amendment becoming effective.

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-conttactor 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

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

Saguaro Summit LLC,
an Arizona limited liability company

By Aaron Farrelfy—_

Its; Owner

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