Amaya Construction Agreement

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
AMAYA CONSTRUCTION & REMODELING L.L.C.

THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of

» 20 , between the City of Glendale, an Arizona municipal corporation (the “Ciiy”), and

business in Arizona (“Contractor”), collectively, the “Parties.”

On June 10, 2022 under City of Scottsdale procurement contract , the City of Scottsdale
entered into a contract with Contractor to purchase the goods and services described in the
Residential Emergency Plumbing, HVAC, and Roof Repairs & Replacement Services
(‘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 tequirements 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 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
awatd, which was June 10, 2022, until the date the contract expires on June 9, 2027 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 9, 2027. The initial period of this Agreement, therefore, is the period
from the Effective Date of this Agreement until June 9, 2027. The City may renew the term

1/2/2020

of this Agreement for 0 until the Cooperative Purchasing Agreement expires on June 9, 2027.
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 Putchasing 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) annually or five
hundred thousand dollars ($500,000) 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 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.

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.R.S § 35-393.

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10.

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.

Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’
ive authorized esentatives at the address listed below:

City of Glendale

c/o Michael Demiong, Community Housing
6842 N. 61% Ave.

Glendale, AZ 85392

And

Amaya Construction & Remodeling L.L.C.
14436 W. Monterey Way
Goodyear, AZ 85395

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 Amaya Construction & Remodeling L.L.C.,
municipal corporation an Aszons Limited Liability Conjpany
By: By:
Kevin R. Phelps Name: Rigas) yer
City Manager Title: Owner |
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Amaya Construction & Remodeling L.L.C.

EXHIBIT A

(City of Scottsdale, Residentiat Umergency Plumbing, HVAC, and Roof Repairs & Replacement
Services, Contract Number 22PB011 )

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Amaya Construction & Remodeling L.L.C.

EXHIBIT B
Scope of Work

PROJECT

Contractor will provide services and products on an as needed basis as described in the City of
Scottsdale, Residential Emergency Plumbing, HVAC, and Roof Repairs & Replacement Services,
Contract Number 22PB011. Examples of services and products work related to repait and
renovation of public housing may inciude: carpentry, doors, HVAC, roofing, appliances, painting,
electrical, plumbing, drywall, and flooring.

4/29/2021

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
Amaya Construction & Remodeling L.L.C.

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 $100,000 annually or $500,000 for the entire term of the Agreement.

DETAILED PROJECT COMPENSATION
City shall pay contractor compensation in accordance with the rates as set forth in the City of

Scottsdale, Residential Emergency Plumbing, HVAC, and Roof Repairs & Replacement Services,
Contract Number 22PB011.

4/29/2021