Amendment 1 to linking agreement with Arizona Recreation/JP & Sons

C22-0046-4

AMENDMENT NO. 1
Linking Agreement with Arizona Recreation/JP & Sons Joint Venture
(for Playground, Splash Pad, Outdoor Fitness and Related Equipment, Contract No. C22-0046)

This Amendment No. 1 (“Amendment”) to the Linking Agreement (“Agreement”) is made this

day of , 2024, (“Effective Date”), by and between the City of Glendale, an Atizona
municipal corporation (“City”) and Arizona Recreation/JP & Sons Joint Venture, an Arizona
corporation, authorized to do business in Arizona (“Contractor”).

RECITALS

A. City and Arizona Recteation/JP & Sons Joint Venture (“Contractor”) previously entered into
a Linking Agreement , Contract No. C22-0046, dated January 11, 2022 (“Agreement”); and

B. The City's Agreement linked to the Mohave Cooperative Purchasing Agreement, Contract No.
190-ARJP-0221, for Playground, Splash Pad, Outdoor Fitness and Related Equipment. The
Agreement had an initial term beginning January 11, 2022, through February 21, 2022, with
an option to extend an additional three (3) years until the Cooperative Purchasing Agreement
expires on February 21, 2025; and

C, City and Contractor entered into Contract Extension No. 1 (C22-0046-1) extending the term
of the Agreement ftom February 22, 2022 through February 21, 2023; and

D. City and Contractor entered into Contract Extension No. 2 (C22-0046-2) extending the term
of the Agreement from February 22, 2023 through February 21, 2024; and

E. City and Contractor entered into Contract Extension No. 3 (C22-0046-3) extending the term
of the Agreement from February 22, 2024 through February 21, 2025; and

F. The City is increasing the total compensation by an additional $750,000; 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 are not merely recitals, but form an integral part of this
Amendment.

2. Term. The term of the Agreement is unchanged and shall expire on February 21, 2025, unless
otherwise terminated or canceled as provided by the Agreement. All other provisions of the
Agreement except as set forth in the Amendment shall remain in its entirety.

3. Scope of Work. The scope of work is unchanged,
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10.

Compensation. Section 3B of the Agreement is hereby modified and amended as follows:
The total compensation for the supplies and/or services purchased under this Agreement is
increased by $750,000, to a revised not-to-exceed amount of $2,750,000 for the entire term of
this contract (initial term, plus any renewals).

Insurance Certificate. Current certificate will expire on February 7, 2025, and a new
certificate applying to the extended term 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 ARS § 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
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Arizona Recteation/JP & Sons,
an Arizona corporation

c

° howe “ACLAML

By: Tim Nolan
Its: _ Principal

05/10/2023