Norstan Linking Agreement

City of Glendale — Regular Meeting (2023-11-28)

View PDF Item 27 Meeting page

Extracted text (via pymupdf) 7236 characters
1 
05/10/2023 
LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
NORSTAN COMMUNICATIONS, INC. DBA BLACK BOX NETWORK SERVICES 
 
This Linking Agreement (“Agreement”) is entered into as of this       day of      , 2023, between the 
City of Glendale, an Arizona municipal corporation (“City”), and Norstan Communications, Inc. dba Black 
Box Network Services, a Minnesota corporation, authorized to do business in Arizona (“Contractor”), 
collectively, the “Parties.” 
 
RECITALS 
  
A. 
On October 6, 2022 under Cooperative Purchasing Agreement Contract #CTR062445, the State of 
Arizona entered into a contract with Contractor to purchase the goods and services described in the 
Communications Cabling Systems Contract #CTR062445 (“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 September 30, 
2022, until the date the contract expires on October 1, 2025 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 October 1, 2027.  The 
initial period of this Agreement, therefore, is the period from the Effective Date of this Agreement 
until October 1, 2025.  The City may extend the term of this Agreement for two years consistent 
with the terms of the Cooperative Purchasing Agreement. Glendale extensions are not automatic 
and shall only occur if the City gives the Contractor notice of its intent to extend.  The City may give 
the Contractor notice of its intent to extend this Agreement 30 days prior to the anniversary of the 
Effective Date to effectuate such exension.

2 
05/10/2023 
 
 
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 million dollars ($1,000,000) annually or two million dollars ($2,000,000) 
for the entire term of the Agreement (initial term plus any extensions). 
 
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. 
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and 
during the term of this Agreement, will not use: 
 
a.  
the forced labor of ethnic Uyghurs in the People’s Republic of China;  
b. 
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s 
Republic of China; and

LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
NORSTAN COMMUNICATIONS, INC. DBA BLACK BOX NETWORK SERVICES 
 
EXHIBIT A 
Communications Cabling Systems Contract #CTR062445

LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
NORSTAN COMMUNICATIONS, INC. DBA BLACK BOX NETWORK SERVICES 
 
EXHIBIT B 
Scope of Work 
 
 
PROJECT 
 
The Contractor will be providing the installation/repair of all Communication Cabling types and the 
necessary hardware to support the use of the cabling (jacks, racks, patch panels, cable management, J 
hooks, etc.).  Maintenance/repair shall include the repair or replacement of defective low voltage cabling 
and componenets to include all parts, labor, technical support and travel charges.  The Contractor will also 
be called upon to provide consultation, recommendations, engineering, quotation, sales and installation 
and/or miscellaneous parts/wiring quotes for all cabling requests that require these services as described in 
Exhibit A.

LINKING AGREEMENT 
BETWEEN 
THE CITY OF GLENDALE, ARIZONA 
AND 
NORSTAN COMMUNICATIONS, INC. DBA BLACK BOX NETWORK SERVICES 
 
EXHIBIT C 
 
 
METHOD AND AMOUNT OF COMPENSATION 
 
Detailed on the attached pricing sheet. 
 
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 $1,000,000 annually or $2,000,000 for the entire term of the Agreement. 
 
DETAILED PROJECT COMPENSATION 
 
Detailed on the attached pricing sheet.