Agreement - Safeware, Inc.

1/2/2020 
 
 
LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
SAFEWARE, INC. 
 
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 Safeware, Inc., a(n) Maryland corporation authorized to do business in Arizona 
(“Contractor”), collectively, the “Parties.” 
 
RECITALS 
  
A. 
On April 1, 2021, under OMNIA Partners, the Port of Portland entered into a contract with 
Contractor 
to 
purchase 
the 
goods 
and 
services 
described 
in 
the 
Contract 
#159469(“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 April 1, 2021, until the date the contract expires on April 1, 2026, 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 April 1, 2028.  The initial period of this Agreement, therefore, is the period 
from the Effective Date of this Agreement until April 1, 2026.  The City may renew the term 
of this Agreement for two (2) additional one-year periods until the Cooperative Purchasing

2 
4/29/2021 
Agreement expires on April 1, 2028.  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 hereto as 
Exhibit C. 
 
B. 
The total purchase price for the supplies and/or services purchased under this 
Agreement shall not exceed one hundred thousand dollars ($100,000) annually or 
seven hundred thousand dollars ($700,000) 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.  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.

3 
4/29/2021 
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 Chris Briggs, Police Chief 
6835 North 57th Drive 
Glendale, AZ 85301 
 
And 
 
Safeware, Inc. 
c/o Rob Berner, Sr. Account Manager 
801 West 116th Avenue, Ste. 400 
Westminster, CO 80234 
 
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 
Safeware, Inc., 
municipal corporation 
a Maryland corporation 
 
 
By: 
____________________________  
By: 
____________________________ 
 
Kevin R. Phelps 
 
Name: Rick Bond 
 
City Manager 
Title: Vice President of Sales 
 
 
 
ATTEST: 
 
 
___________________________ 
Julie K. Bower   
(SEAL) 
City Clerk 
 
 
APPROVED AS TO FORM: 
 
 
___________________________ 
Michael D. Bailey 
City Attorney

4 
4/29/2021 
LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
SAFEWARE, INC. 
 
EXHIBIT A 
(OMNIA Partners Contract #159469)

6 
4/29/2021 
LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
SAFEWARE, INC. 
 
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 $100,000 annually or $700,000 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 OMNIA 
Partners Contract #159469.  See attached quotes for further information.

QUOTATION
1818799
Order Date
Order Number
8/5/2021 12:24:17
Page
1 of 2
Quote Expires On 9/30/2021
www.safewareinc.com
801 W. 116th Avenue
Ste #400
Westminster, CO 80234
303-322-3577
Glendale Police Department
5850 W Glendale Ave
Glendale, AZ 85308
Requested By: Ms. Denise Krause
Customer ID:
Bill To:
Ship To:
Glendale Police Department
623-772-7173
121014
Taker
PO Number
Helmets
dmularky@safewareinc.com
Diana Mularky
Email
Freight Terms
303-322-1992
Fax
303-322-3577
Phone
Freight Paid
Item ID
Item Description
Remaining
Quantities
UOM
Disp.
Unit Size
Pricing 
UOM
Unit
Price
Unit Size
Price
Extended
Allocated
Ordered
USI PST SC650-IIIA-BLKLG
82.00
0.00
EA
EA
22,188.38
270.59
82.00
1.0
1.0
PST SC 650 - Black - Large
Helmet- Black - LEVEL IIIA
USI PST SC650-IIIA-BLKMD
50.00
0.00
EA
EA
13,529.50
270.59
50.00
1.0
1.0
PST SC 650 - Black - Medium
Helmet- Black - LEVEL IIIA
USI PST SC650-IIIA-BLKSM
9.00
0.00
EA
EA
2,435.31
270.59
9.00
1.0
1.0
PST SC 650 - Black - Small
Helmet- Black - LEVEL IIIA
USI PST SC650-IIIA-BLKXLG
11.00
0.00
EA
EA
3,429.47
311.77
11.00
1.0
1.0
PST SC 650 - Black - X-Large
Helmet- Black - LEVEL IIIA
OMNIA POP
1.00
0.00
EA
EA
0.00
0.00
1.00
1.0
1.0
OMNIA Contract #159469
Lead Agency: Port of Portland
Public Safety, Emergency Preparedness, Safety 
Equipment and Solutions
April 1, 2021 - April 1, 2026
Standard freight PAID, all HAZMAT/expedited 
freight billed. *Register with OMNIA at 
www.omniapartners.com/publicsector

QUOTATION
1818799
Order Date
Order Number
8/5/2021 12:24:17
Page
2 of 2
Quote Expires On 9/30/2021
www.safewareinc.com
801 W. 116th Avenue
Ste #400
Westminster, CO 80234
303-322-3577
Item ID
Item Description
Remaining
Quantities
UOM
Disp.
Unit Size
Pricing 
UOM
Unit
Price
Unit Size
Price
Extended
Allocated
Ordered
SUB-TOTAL:
Total Lines: 5
41,582.66
3,825.61
TAX:
45,408.27
AMOUNT DUE:
Actual freight added per freight terms

QUOTATION
1810801
Order Date
Order Number
6/29/2021 17:27:05
Page
1 of 1
Quote Expires On 9/30/2021
www.safewareinc.com
801 W. 116th Avenue
Ste #400
Westminster, CO 80234
303-322-3577
City of Glendale
5850 West Glendale Avenue
Glendale , AZ 85301
Requested By: Ms. Ileana Seward
Customer ID:
Glendale , AZ 85301
5850 West Glendale Avenue
Bill To:
Ship To:
City of Glendale
623-930-2000
86095
Taker
PO Number
Nitrile Gloves
dmularky@safewareinc.com
Diana Mularky
Email
Freight Terms
303-322-1992
Fax
303-322-3577
Phone
Freight Paid
Item ID
Item Description
Remaining
Quantities
UOM
Disp.
Unit Size
Pricing 
UOM
Unit
Price
Unit Size
Price
Extended
Allocated
Ordered
SAF 67342-22
5.00
0.00
BX
BX
79.95
15.99
5.00
50.0
50.0
Glove, Nitrile, BLACK, 9.5" 4mil PF, SM
Powder-Free - 100/bx,10 bx/cs, 112 cs/pl
SAF 67343-22
10.00
0.00
BX
BX
159.90
15.99
10.00
50.0
50.0
Glove, Nitrile, BLACK, 9.5" 4mil PF, MD
Powder-Free - 100ea/bx,10 bx/cs, 112 cs/pl
SAF 67344-22
40.00
0.00
BX
BX
639.60
15.99
40.00
50.0
50.0
Glove, Nitrile, BLACK, 9.5" 4mil PF, LG
Powder-Free - 100ea/bx,10 bx/cs, 112 cs/pl
OMNIA POP
1.00
0.00
EA
EA
0.00
0.00
1.00
1.0
1.0
OMNIA Contract #159469
Lead Agency: Port of Portland
Public Safety, Emergency Preparedness, Safety 
Equipment and Solutions
April 1, 2021 - April 1, 2026
Standard freight PAID, all HAZMAT/expedited 
freight billed. *Register with OMNIA at 
www.omniapartners.com/publicsector
SUB-TOTAL:
Total Lines: 4
879.45
80.92
TAX:
960.37
AMOUNT DUE:
Actual freight added per freight terms

QUOTATION
1813128
Order Date
Order Number
7/9/2021 17:14:06
Page
1 of 2
Quote Expires On 9/30/2021
www.safewareinc.com
801 W. 116th Avenue
Ste #400
Westminster, CO 80234
303-322-3577
City of Glendale
5850 West Glendale Avenue
Glendale , AZ 85301
Requested By: Ms. Ileana Seward
Customer ID:
Glendale , AZ 85301
5850 West Glendale Avenue
Bill To:
Ship To:
City of Glendale
623-930-2000
86095
Taker
PO Number
Gloves
dmularky@safewareinc.com
Diana Mularky
Email
Freight Terms
303-322-1992
Fax
303-322-3577
Phone
Freight Paid
Item ID
Item Description
Remaining
Quantities
UOM
Disp.
Unit Size
Pricing 
UOM
Unit
Price
Unit Size
Price
Extended
Allocated
Ordered
SWS PF-065-095-NRG/ECO/BAL-GR/WT SM
5.00
0.00
BX
BX
80.80
16.16
5.00
1.0
1.0
Glove, Green/White PF Nitrile 5mil, SM
Nitrile Exam Gloves with EnerGel, EcoTek and 
Breach Alert, Fentanyl and gastric acid resistant 
for 4+ hours, 50 gloves/box, 10 boxes/case
SWS PF-065-095-NRG/ECO/BAL-GR/WT MD
10.00
0.00
BX
BX
161.60
16.16
10.00
1.0
1.0
Glove, Green/White PF Nitrile 5mil, MD
Nitrile Exam Gloves with EnerGel, EcoTek and 
Breach Alert, Fentanyl and gastric acid resistant 
for 4+ hours, 50 gloves/box, 10 boxes/case
SWS PF-065-095-NRG/ECO/BAL-GR/WT LG
40.00
0.00
BX
BX
646.40
16.16
40.00
1.0
1.0
Glove, Green/White PF Nitrile 5mil, LG
Nitrile Exam Gloves with EnerGel, EcoTek and 
Breach Alert, Fentanyl and gastric acid resistant 
for 4+ hours, 50 gloves/box, 10 boxes/case
SWS PF-065-095-NRG/ECO/BAL-GR/WT XL
10.00
0.00
BX
BX
161.60
16.16
10.00
1.0
1.0
Glove, Green/White PF Nitrile 5mil, XL
Nitrile Exam Gloves with EnerGel, EcoTek and 
Breach Alert, Fentanyl and gastric acid resistant 
for 4+ hours, 50 gloves/box, 10 boxes/case
OMNIA POP
1.00
0.00
EA
EA
0.00
0.00
1.00
1.0
1.0
OMNIA Contract #159469

QUOTATION
1813128
Order Date
Order Number
7/9/2021 17:14:06
Page
2 of 2
Quote Expires On 9/30/2021
www.safewareinc.com
801 W. 116th Avenue
Ste #400
Westminster, CO 80234
303-322-3577
Item ID
Item Description
Remaining
Quantities
UOM
Disp.
Unit Size
Pricing 
UOM
Unit
Price
Unit Size
Price
Extended
Allocated
Ordered
Lead Agency: Port of Portland
Public Safety, Emergency Preparedness, Safety 
Equipment and Solutions
April 1, 2021 - April 1, 2026
Standard freight PAID, all HAZMAT/expedited 
freight billed. *Register with OMNIA at 
www.omniapartners.com/publicsector
SUB-TOTAL:
Total Lines: 5
1,050.40
96.64
TAX:
1,147.04
AMOUNT DUE:
Actual freight added per freight terms