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1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Leslie's Poolmart, 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
Leslie's Poolmart, Inc. , a(n) Arizona corporation authorized to do business in Arizona (“Contractor”),
collectively, the “Parties.”
RECITALS
A. On July 25, 2019, under the National Intergovernmental Purchasing Alliance, the City of
Tucson, Arizona entered into a contract with Contractor to purchase the goods and services
described in the Swimming Pool Supplies, Including Chemicals, Equipment, and Related
Services and Materials Contract No. 192051-02 (“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 July 25, 2019 , until the date the contract expires on July 24, 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 July 24, 2024. The initial period of this Agreement, therefore, is the
period from the Effective Date of this Agreement until July 24, 2022 . The City may renew
Nov.
21
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the term of this Agreement for (2) additional one-year periods until the Cooperative
Purchasing Agreement expires on July 24, 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 Five Hundred Fifty Thousand dollars ($550,000) 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. The Parties agree that they are not currently engaged in and agree that
for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is
defined in A.R.S. §35-393. Unless and until the District Court’s injunction in Jordahl v Brnovich,
336 F.Sup.3d 1016 (D.Ariz. 2018) is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S.
§35.393.01 (A)) (if applicable to this agreement) is unenforceable and the City will take no
action to enforce it.
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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 Paul King, Recreation Administrator
Public Facilities, Recreation & Special Events
6210 W. Myrtle
Glendale AZ 85301
And
Leslie's Poolmart, Inc.
c/o Randy Ash
2005 E. Indian School Rd
Phoenix, AZ 85016
rash@lesl.com
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
Leslie's Poolmart, Inc.,
municipal corporation
an Arizona corporation
By:
____________________________
By:
____________________________
Kevin R. Phelps
Name: Brian Agnew
City Manager
Title: Sr. VP Commercial and Wholesale
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
Leslie's Poolmart, Inc.
EXHIBIT A
(City of Tucson Contract Number: 192051-02
for
Swimming Pool Supplies, Including Chemicals, Equipment, and Related Services & Materials
-Attached)
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Leslie's Poolmart, Inc.
EXHIBIT B
Scope of Work
PROJECT
In accordance with the terms and conditions of this Agreement and the City of Tucson Cooperative
Purchasing Agreement, Contract No. 192051-02, under the National Intergovernmental Purchasing
Alliance, the City is retaining Leslie’s Poolmart, Inc. for various plumbing, pool infrastructure
systems projects and repairs, equipment, supplies, materials, and related services of citywide pools
and aquatics facilities on an as needed basis.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Leslie's Poolmart, Inc.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Leslie's Poolmart, Inc. (Contractor) shall be paid upon completion of the contract scope of work
included herein and following the City’s receipt of a properly completed invoice.
Invoicing: Invoice(s) will be submitted by the Recreation Division for payment of the invoice(s) and
paid in accordance with city procedures through the City of Glendale Finance Department, accounts
payable in a timely manner. Any issues regarding billing or invoicing must be directed to the City of
Glendale Recreation Division requesting the service or material from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit;
i. Service addresses, contract number, and purchase order associated with the contract;
j. Applicable Taxes;
k. If applicable, mileage or travel costs; and
l. Total amount due.
Payment of Funds: Payment will be made upon completion of work within thirty (30) working days
through a traditional method of a check.from invoice(s) provided by the contractor. Any and all
work for which a complete and accurate invoice is not received by the City within forty-five (45)
days of completion shall not be paid.
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 $550,000 for the entire term of the Agreement (initial term plus any
renewals).
DETAILED PROJECT COMPENSATION
Services to be based on the scope of work included herein and the quotes provided by Contractor
and must not exceed $550,000. All work and services performed must be done to the satisfaction of
the City of Glendale. No terms set forth in any invoice, purchase order or similar document issued
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by Contractor will be deemed accepted by the City; the terms of the contractual relationship
between the Parties are as set forth in this Agreement.
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CONTRACT AMENDMENT
CITY OF TUCSON BUSINESS SERVICES DEPARTMENT
CONTRACT: 192051-02
255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701
CONTRACT AMENDMENT NUMBER: TWO (2)
P.O. BOX 27210, TUCSON, AZ 85726
PAGE 1 of 1
PHONE: (520) 837-4118 / FAX: (520) 791-4735
SA
Sandra.Alcorn@tucsonaz.gov
SENIOR CONTRACT OFFICER: SANDRA ALCORN
ISSUE DATE: Thursday, April 22, 2021
SWIMMING POOT SUPPLIES, INCLUDING CHEMICALS, EQUIPMENT AND
RELATED SERVICES & MATERIALS
THIS CONTRACT IS AMENDED AS FOLLOWS:
ITEM 1: CONTRACT RENEWAL
Pursuant to the contract, Special Terms and Conditions, Number 5, Contract Term and Renewal the City is hereby
exercising its option to renew the contract for the period of July 25, 2021 through July 24, 2022.
**********END OF AMENDMENT**********
ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY.
CONTRACTOR:
CITY OF TUCSON:
CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF
THE ABOVE REFERENCED CONTRACT AMENDMENT
AND UNDERSTANDING OF THE ABOVE AMENDMENT.
IS HEREBY EXECUTED THIS ____________________ DAY
OF____________________, 2021, AT TUCSON, ARIZONA.
Signature of person authorized to sign Date
as Director of Business Services and not personally
Name and Title (typed or printed legibly)
Company Name
Address
Email Address
City State
Zip
Contact information for Sales/Account Representative
for daily business operations:
Name and Title (typed or printed legibly)
Phone Number
Email Address
23rd
July
for