Amendment

C22-0771

AMENDMENT NO. 2
LINKING AGREEMENT
CITY OF GLENDALE, Contract No. C22-0771

This Amendment No. 2 (“Amendment”) to the Linking Agreement (“Agreement”) is made this

day of , 20 » (“Effective Date”), by and between the City of Glendale, an
Arizona municipal corporation (“City”) and Fire Truck Solutions, LLC, a Delaware limited liability
company, authorized to do business in Arizona (“Contractor”).

RECITALS

A. On August 9, 2022, City and H&E Equipment Services, Inc., (“Contractor”) entered into a
Linking Agreement, Contract No. C22-0771, to purchase the goods and services described in
the Firefighting Apparatus and Fire Services Vehicles Contract with Sourcewell, Contract
#113021-RVG (“Agreement”); and

B. On June 13, 2022, City and H&E Equipment Services, Inc., (“Contractor”) entered into
Contract Amendment No. 1, C22-0771-1, to purchase certain equipment and to increase the
compensation available to an amount not-to-exceed to $20,000,000; and

C. Effective September 25, 2023, Fire Truck Solutions, LLC, purchased all of the right, title and
interest and to all or substantially all of the fire truck and apparatus business of H&E
Equipment Services, Inc., although H&E retained its equipment rental business. Fire Turck
Solution’s purchase included this open contract with the City; and

D. City and Contractor wish to modify and amend the Agreement subject to and strictly in
accordance with the terms of this Amendment to assign and substitute all rights, obligations,
performance requirements and liabilities hereunder to Fire Turck Solutions, LLC.

AGREEMENT

Tn 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 unchanged.
4. Compensation. ‘The Compensation Amount is unchanged.
5. Insurance Certificate. Current certificate will expire on September 25, 2024 and a new

certificate applying to the extended term must be provided prior to this date to Materials
Management and the Contract Administrator.

05/10/2023

10.

Non-disctimination. 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 of 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

(°C) any contractors, subcontractors or suppliers that Sse 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.

Assignment and Ratification of Agreement. City and Contractor hereby agree that Fire
Truck Solutions, LLC shall be substituted for, shall comply with all terms and conditions, shall
perform all requirements and obligations the provisions of the Agreement and shall enjoy all
rights and benefits conferred on Contractor under this Agreement, including the assignment
of payment for any outstanding purchases or orders. This Agreement shall 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 Atizona
municipal corporation

Kevin R. Phelps, City Manager
ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Fire Truck Solutions, LLC,
a Delaware limited liability company

—— SS

By: Mark jatien

Its: Vice President, Sales

05/10/2023