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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HAMPTON TEDDER TECHNICAL SERVICES, INC.
THIS LINKING AGREEMENT (this "Agreement'') is entered into as of this
day of
, 20
, between the Cit}' of Glendale, an Arizona municipa.l corporation (the "City''), and
Hampton Tedder Technical Services, Inc., a(n) California corporation authorized to do business in
Arizona ("Contractor"), collectively, the "Parties."
RECITALS
A.
On May 16, 2022, under S.A.V.E Cooperntive Purchasi.t.1gAgreement, the City of Mesa entered
into a contract with Contractor to purchase the goods and services described in the Electric
Switchgear Testing, Maintenance & Repair, Contract No. 2022139 ("Cooperative Purchasing
Agreement"), which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement
permits its cooperative use by other governmental agencies i.t.1cluding the City.
B.
Section 2-149 of the City's Procurement Code permits d1e Materials Manager to procure goods
and sci-vices 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 111eeting 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 se1vices identical, or nea1'ly
identical, to the supplies or setvices Contractor is providing other units of govet:nment under
the Cooperative l)urchasing Agreement. Contractor consents to the City's utilization of the
Cooperative Pmchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into th.is Agreement to prmride the supplies and se1vices set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are inco1porated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1. Term of A˔reement.
The City is purchasing supplies and/or services frotn Contractor
purst1ant to the Cooperative Purchasing Agreement.
Accordjng to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was May 16, 2022, until the date the contract expires on May 15, 2025 unless the
term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the
original contracti.t.1g parties. The Cooperative Purchasing Agreement, however, may not be
extended beyond May 15, 2028. The initial period of this Agreement, therefore, is the period
from the Effective Date of this Agreement until May 15, 2025. The City may renew the term
of th1s Agreement for three (3) one-year periods if the Cooperative Purchasing Agreement is
1/2/2020
2.
3.
likewise renewed by the City of Mesa. 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.
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.
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 eighty-seven thousand dollars ($87,500) annually or five
hundred twenty-five thousand dollars ($525,000) 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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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 unde1· this Agreement shall be sent to the Patties'
respective authorized representatives at the address listed below:
City of Glendale
c/o Todd Blair Supervisor, Building Maintenance
6210 W. Myrtle Avenue, Suite 111
Glendale. AZ 85301
And
Hampton Tedder Technical Services, Inc.
3747 West Roanoke Avenue
Montclair, CA 91763
linc.mcnitt@hamptontedder.com
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set fortl1 above.
"City"
City of Glendale, an Arizona
municipal cotporation
By:
Kevin R. Phelps
City Manager
ATTES'f:
Julie K. Bower
City Clerk
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
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"Contractor"
Hampton Tedder Technical Services, Inc.,
a California corporation
By:
Name: Linc McNitt
Title: Vice President
4/29/2021
PROJECT
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HAMPTON TEDDER TECHNICAL SERVICES, INC.
EXHIBIT B
Scope of Work
In accordance with the terms and conditions of this Agreement and City of Mesa Contract No.
2022139, Hampton Tedder Technical Services, Inc. will provide the purchase of electrical switchgear
testing, inspection, evaluation, repair, and preventative maintenance services city-wide on an as
needed basis.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
HAMPTON TEDDER TECHNICAL SERVICES, 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 $87,500 annually or $525,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
The City shall pay contractor compensation in accordance with the rates as set forth in the City of
Mesa Contract No. 2022139 for the purchase of electrical switchgear system testing, inspection,
evaluation, repair, and preventative maintenance services city-wide on an as-needed basis.
4/29/2021