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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
TW ASSOCIATES, INC., DBA MISCOWATER
THIS LINKING AGREEMENT (this "Agreement") is entered into as of this
day of
, 2021, between the City of Glendale, an Arizona municipal corporation (the "City"), and TW
Associates, Inc., dba MiscoWater, a(n) California Corporation authorized to do business in Arizona
("Contractor"), collectively, the "Parties."
RECITALS
A.
On September 25, 2020 under S.A.V.E Cooperative Purchasing Agreement, the City of Tempe
entered into a contract with Contractor to purchase the goods and services described in the
Sludge Removal Parts Contract No. WUD20-094-01. ("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
agr eements 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 September 25, 2020, until the date the contract expires on September 24,
2021 unless the term of the Cooperative Purchasing Agreement is extended by the mutual
agreement of the original contracting parties.
The Cooperative Purchasing Agreement,
however, may not be extended beyond September 24, 2025. The initial period of this
Agreement, therefore, is the period from the Effective Date of this Agreement until
September 24, 2021. The City may renew the term of this Agreement for (4) four one-year
1/2/2020