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1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
WILLDAN ENGINEERING, INC.
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of
, 20 , between the City of Glendale, an Arizona municipal corporation (the “City”), and
Willdan Engineering, Inc., a California corporation authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”
RECITALS
A.
On December 16, 2020 under Contract for Professional Services (#CON-20-2105-B), the City
of Goodyear, Arizona entered into a contract with Contractor to purchase the goods and
services described in the Contract for Professional Services: On-Call Building Plan Review
and Inspection. (“Cooperative Purchasing Agreement”), which is attached hereto as Exhibit
A. The Cooperative Purchasing Agreement permits its cooperative use by other governmental
agencies including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D.
The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was December 16 2019, until the date the contract expires on December 15,
2024 unless the term of the Cooperative Purchasing Agreement is extended by the mutual
agreement of the original contracting parties. The initial period of this Agreement, therefore,
is the period from the Effective Date of this Agreement until December 15, 2021. The City
may renew the term of this Agreement on an annual basis in one (1) year increments until the
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Cooperative Purchasing Agreement expires on December 15, 2024. Glendale renewals are
not automatic and shall only occur if the City gives the Contractor notice of its intent to renew.
The City may give the Contractor notice of its intent to renew this Agreement 30 days prior
to the anniversary of the Effective Date to effectuate such renewal.
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached as Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed One Hundred Fifty Thousand dollars ($150,000) annually
or One Hundred Fifty Thousand Dollars ($150,000) for the entire term of the
Agreement (initial term plus any renewals).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
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.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
8.
No Boycott of Israel. The Parties agree that they are not currently engaged in and agree that
for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is
defined in A.R.S. §35-393.
9.
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.
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10.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
City of Glendale
c/o Connie Schneider
5850 West Glendale Avenue, Suite 317
Glendale, Arizona 85301
cschneider@glendaleaz.com
And
Willdan Engineering, Inc.
c/o Autumn Wollmann
2401 W. Katella, Suite 300
Anaheim, CA 92806
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
“City”
“Contractor”
City of Glendale, an Arizona
Willdan Engineering, Inc.,
municipal corporation
a Califormia corporation
By:
____________________________
By:
____________________________
Kevin R. Phelps
Name: Autumn Wollmann
City Manager
Title: Deputy Director
ATTEST:
___________________________
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
___________________________
Michael D. Bailey
City Attorney
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
WILLDAN ENGINEERING, INC.
EXHIBIT A
(CONTRACT FOR PROFESSIONAL SERVICES ON-CALL BUILDING PLAN REVIEW
AND INSPECTIONS)
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
WILLDAN ENGINEERING, INC.
EXHIBIT B
Scope of Work
PROJECT
(Willdan Engineering, Inc. will provide plan review and building inspection services as needed for
the continuing operation of the City's Building Safety code enforcement operations.)
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
WILDANN ENGINEERING, INC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Hourly per the attached rate schedule. Expedited plan reviews shall be compensated at a rate of
twice the standard hourly rates. Standard plan review times are considered as an initial review period
of two weeks. Expedited reviews shall be one week.
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 $150,000 annually or $150,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
See the attached Willdan Engineering, Inc.'s schedule of Hourly Rates.