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1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CREATIVE BUS SALES, 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
Creative Bus Sales, Inc., a(n) California corporation authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”
RECITALS
A.
On May 1, 2021under S.A.V.E Cooperative Purchasing Agreement, the State of Arizona
entered into a contract with Contractor to purchase the goods and services described in the
Mobility Vehicles and Vehicle Conversion Services Contract No. CTR054848 (“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 May 1, 2021, until the date the contract expires on April 30, 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 April 30, 2026. The initial period of this Agreement, therefore, is the period
from the Effective Date of this Agreement until April 30, 2022. The City may renew the term
of this Agreement for four (4) one-year periods contingent upon the State of Arizona
extending Agreement until the Cooperative Purchasing Agreement expires on April 30, 2026.
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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 Five Million One Hundred Eighty-Eight Thousand Two
Hundred Sixteen Hundred dollars ($5,188,216.00) 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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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/oKevin Link, Transit Administrator
Transit Division
6210 W. Myrtle Avenue, Building S.
Glendale, Arizona 85301
623-930-3509
And
Creative Bus Sales, Inc.
c/o Marcus Hoffman
3615 S. 28th Street
Phoenix, AZ 85040
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
Creative Bus Sales, Inc.,
municipal corporation
a California corporation
By:
____________________________
By:
____________________________
Kevin R. Phelps
Name:
City Manager
Title:
ATTEST:
___________________________
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
___________________________
Michael D. Bailey
City Attorney
Marcus Hoffman
Bid Manager
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CREATIVE BUS SALES, INC.
EXHIBIT A
(STATE OF ARIZONA CONTRACT NUMBER CTR054848
MOBILITY VEHICLES AND VEHICLE CONVERSION SERVICES CONTRACT)
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CREATIVE BUS SALES, INC.
EXHIBIT B
Scope of Work
PROJECT
This Project is for the purchase of new buses, and purchase parts and repair services, and equipment
on a as-needed basis.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CREATIVE BUS SALES, INC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
The method of payment is provided in Section 9 (Invoicing and Payment of the Agreement. The
amount of compensation paid to vendor for all work performed during the entire term of the
agreement must not exceed $5,188,216.00.
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 $5,188,216.00 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
See Attached Pricing Sheet