Amendment No. 3 to agreement with Somerset Landscaping, LLC

| C19-0539-4
AMENDMENT NO. 3

AGREEMENT FOR PARKS LANDSCAPE MAINTENANCE

(City of Glendale Solicitation RFP 19139 Contract No. C19-0539)

This Amendment No. 3 (“Amendment”) to the Agreement for Parks Landscape Maintenance
(“Agreement”) is made this day of 2024, (“Effective Date”), by and between the
City of Glendale, an Arizona municipal corporation (*City”) and Somerset Landscape LLC, a
Delaware limited liability company, authorized to do business in Arizona (“Contractor”).

RECITALS
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A. City and Somerset Landscape LLC (“Contractor”) previously entered into an Agreement for
Parks Landscape Maintenance, Contract No. 19-0539, dated June 11, 2019, (“Agreement”);

and

B. The Agreement had an initial two-year term beginning on June 11, 2019, through June 10,
2021, and provided the option to extend for an additional three years, renewable on an annual
basis: and

Cc. City and Contractor entered into Amendment No. 1 (C19-0539-1) which extended the
agreement for an additional one-year period from June 11, 2021, through June 10, 2022 and
allowed for a 3.2% rate increase; and

D. City and Contractor entered into Amendment No. 2 (C19-0539-2) which increased the amount
of compensation by $125,914 for a new not to exceed amount of $4,625,914 for the 3.2% rate
that went into effect on June 11, 2021, expanding the scope of work to include landscape
maintenance services around the lake area of Heroes Regional Parks, and extending the
agreement for an additional one-year period from June 11, 2022, through June 10, 2023; and

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E. City and Contractor entered into Contract Extension No. 3 (C19-0539-3) which extended the
agreement for an additional one-year period from June 11, 2023, through June 10, 2024; and

F. 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. I
2. Term. The term of the Agreement is extended for a one-year period from June 11, 2024,

through June 10, 2025, unless otherwise terminated or canceled as provided by the Agreement.
All other provisions of the Agreement except hs set forth in this Amendment shall remain in

their entirety.

05/10/2023

10.

Scope of Work. The Scope of Work remains unchanged.

Compensation. Rates for all landscaping items are hereby increased by 4.0%. Total
compensation under this Agreement is increased by $1,018,237 for a new not-to-exceed
amount of $5,644,151.

Insurance Certificate. Current certificate will expire on April 1, 2025. A new insurance
certificate must be provided prior to this date to the Materials Manager and the Contract
Administrator in order for this Agreement to remain in effect.

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 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

ATTEST:

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attorney

Somerset Landscape LLC
a Delaware limited liability company

Bach OL

By: Tommy Skv: évarek

Its: Branch Manager, Phoenix West

05/10/2023