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1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ENNIS-FLINT, 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 Ennis-
Flint, Inc., a(n) North Carolina corporation authorized to do business in Arizona, authorized to do
business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On December 2, 2019 under (S.A.V.E Cooperative Purchasing Agreement, Mohave, etc.), the
City of Mesa entered into a contract with Contractor to purchase the goods and services
described in the Pavement Marking Materials and Traffic Paint Contract, Contract No.
2020047(“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 3, 2019, until the date the contract expires on December 2, 2022
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 December 2, 2024. The initial period of this
Agreement, therefore, is the period from the Effective Date of this Agreement until December
2, 2022. The City may renew the term of this Agreement for two one year periods until the
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Cooperative Purchasing Agreement expires on December 2, 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 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
three hundred thousand dollars ($300,000) 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.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ENNIS-FLINT, INC.
EXHIBIT A
Pavement Marking Materials and Traffic Paint, Contract No. 2020047
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ENNIS-FLINT, INC.
EXHIBIT B
Scope of Work
PROJECT
The City of Glendale is looking to secure a reputable company to provide Pavement Marking
Materials and Traffic Paint.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
ENNIS-FLINT, INC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
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 $300,000 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 City of Mesa,
Arizona Contract No. 2020047.