Linking Agreement

LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
MCCARTHY BUILDING COMPANIES, INC. 
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 
McCarthy Building Companies, Inc., a(n) Missouri corporation company authorized to do business in 
Arizona ("Contractor"), collectively, the "Parties." 
RECITALS 
A.
On September 4, 2019, under S.A.V.E Cooperative Purchasing Agreement, the Mohave
Cooperative entered into a contract with Contractor to purchase the goods and services
described in the Job Order Contracting for Various Construction Trades, Contract No. 19F­
MBC2-0904 ("Cooperative Purchasing Agreement"), which is attached hereto as Exhibit A.
The Cooperative Purchasing Agreement perm.its 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 fonnal 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 September 4, 2019, until the date the contract expires on September 4, 2023 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 September 4, 2024. 
The initial period of this Agreement, therefore, is the 
period from the Effective Date of this Agreement until
1/2/2020

September 4, 2023. The City may renew the term of this Agreement. for one (1) one-
year period if the Cooperative Purchasing Agreement is likewise extended. 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.
3. 
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 one million five hundred dollars ($1,500,000) annually or
three million dollars ($3,000,000) 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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4/29/2021