LA Capital Pump & Equipment Vendor Signed
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6859 characters
1/2/2020
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CAPITAL PUMP AND EQUIPMENT, LLC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of
, 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and Capital
Pump and Equipment, LLC, a(n) Arizona limited liability company authorized to do business in
Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On July 1, 2019under S.A.V.E Cooperative Purchasing Agreement, the City of Phoenix
entered into a contract with Contractor to purchase the goods and services described in the
Rental of Portable Pumps and Liquid Conveyance Requirements Contract No. 150033--0
(“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 1, 2019, until the date the contract expires on June 30, 2024 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 June 30, 2024. The initial period of this Agreement, therefore, is the period
from the Effective Date of this Agreement until June 30, 2024.
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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) 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.
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:
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CAPITAL PUMP & EQUIPMENT, LLC
EXHIBIT A
Rental of Portable Pumps & Liquid Conveyance Requirements Contract No. 150033--0
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CAPITAL PUMP & EQUIPMENT, LLC
EXHIBIT B
Scope of Work
PROJECT
Rental of portable pumps and liquid conveyance equipment is crucial to obtain as soon as the City’s
water and wastewater distribution and treatment process equipment fails. Rental of equipment will
allow staff to rent equipment needed during an emergency, avoid prolonged system downtime and
minimize the impacts to the City’s customers.
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CAPITAL PUMP & EQUIPMENT, LLC
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
Method and amount of compensation is outline in the attached City of Phoenix Contract No.
1550033—0, Phoenix Contract No. 1550033—0, Rental of Portable Pumps and Liquid Conveyance
Requirements.
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 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Compensation for rental of equipment is outlined in the attached City of Phoenix Contract No.
1550033—0, Rental of Portable Pumps and Liquid Conveyance Requirements Rental of Portable
Pumps and Liquid Conveyance Requirements, Bid Price Schedule.