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LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND Associated Fence Company THIS LINKING AGREEMENT (this “Agreement”) is enteted into as of this day of , 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and Associated Fence Company., a(n) Arizona Corporation authorized to do business in Arizona mpany ‘ rp (“Contractor”), collectively, the “Parties.” RECITALS On October 15, 2020, under Associated Fence Company, the Mohave Cooperative entered into a contract with Contractor to purchase the goods and services described in the Contract Award Notice and RFP (20G-0910) (“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 containcd in this Linking Agreement, the patties agree as follows: 1. Term of Agreement. The City is purchasing supplies and/or services ftom 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 10/15/2020, until the date the contract expires on 11/3/2022 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 11/03/2025. The initial period of this Agreement, therefore, is the period from the Effective Date of this Agreement until 11/03/2022. The City may renew the term of this Agreement for (3) one-year periods until the Cooperative Purchasing Agreement expires on 11/03/2025. Glendale renewals are not automatic and shall only occur if the City 1/2/2020 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 ate 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 Seventy-five thousand dollats ($75,000.00) 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 otigin, 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, wattants 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.RS § 35-393. Attestation of PCI Compliance. When applicable, the Contractor will ptovide 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. 4/29/2021 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 Fred Sanchez 6210 W Myrtle AV Glendale, AZ 85301 fsanchez@glendaleaz.com And Associated Fence Company Vincent "Ryan" Blauvelt 8320 N. 67" AVE Glendale, AZ. 85302 ryanb@associatedfence.com IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” City of Glendale, an Arizona municipal corporation By: Kevin Phelps City Manager ATTEST: Julie K. Bower (SEAL) City Clerk APPROVED AS TO FORM: Michael D. Bailey City Attorney “Contractor” Associated Fence Company, an Arizona Corporation By: Name: Vincent "Ryan" Blauvelt Title: President 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND Associated Fence Company EXHIBIT A (Contract Award Notice) 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND Associated Fence Company EXHIBIT B Scope of Work PROJECT Performs new installations, repairs and servicing of eixting fences and gates awarded as a Job Order Contracting (JOC) contract, pursuant to terms and prices attached as Exhibit C. 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND Associated Fence Company EXHIBIT C METHOD AND AMOUNT OF COMPENSATION City shall pay Contractor compensation at the same rate ad on the same schedule as ptovided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. 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 $75,000.00 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION Pricing detailed in exhibit C. 4/29/2021