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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ELONTEC, LLC
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
Elontec LLC, a(n) Arizona limited liability company authorized to do business in Arizona
("Contractor"), collectively, the "Parties."
RECITALS
On September 1, 2018, the State of Arizona entered into a contract, ADSPO18-211705 with
Contractor to provide the goods and services described in the Furniture, Products and Services
("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.
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.
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.
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. The term of the Agreement is the
period from the Effective Date (the date the Agreement is signed by both Parties) until
August 31, 2021. The City may renew the term of this Agreement for 2 one-year
periods until the Cooperative Purchasing Agreement expires on August 31, 2023.
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.
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.
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 hereto as
Exhibit C.
B. The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed one million dollars ($1,000,000) annually or two million
dollars ($2,000,000) for the entire term of the Agreement (initial term plus any
renewals).
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
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.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
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.
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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.
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 Michael Demlong
6210 W Myrtle Ave., Suite 111
Glendale, Arizona 85301
And
Elontee LLC
c/ o Ginger Clayton
5502 W. Buckeye Rd., Ste 100
Phoenix, AZ 85043
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 Elontec LLC,
municipal corporation an Arizona limited liability company
By: By:
Kevin R. Phelps Name:
City Manager Title: President/CEO
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
ELONTEC LLC
EXHIBIT A
State of Arizona Furniture, Products and Services ADSPO18-211705
1/2/2320
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ELONTEC LLC
EXHIBIT B
Scope of Work
PROJECT
Contractor will provide products and services on an as needed basis as described in the State of
Arizona Furniture, Products and Services ADSPO18-211705 with Elontec LLC. Products and
services may include, but not be limited to new and used furniture, modular systems, space planning
and consulting, public seating, moving services, refurbishment, installation, warehousing, repairs, etc.
1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ELONTEC LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method and amount of compensation is in accordance with Section 3 of this Agreement.
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 $1,000,000 annually or $2,000,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
City shall pay contractor compensation in accordance with the rates as set forth in the State of
Arizona Furniture, Products and Services ADSPO18-211705 with Elontec LLC.
1/2/2020